Infrastructure Investment and Jobs Act
Among other provisions, this bill provides new funding for infrastructure projects, including for
DIVISION A--SURFACE TRANSPORTATION
Surface Transportation Reauthorization Act of 2021
This division reauthorizes Department of Transportation (DOT) federal-aid highway and transportation infrastructure finance and innovation (TIFIA) programs, revises research, technology, and workforce education programs, and addresses tribal transportation needs.
The effective date of this division is October 1, 2021.
TITLE I--FEDERAL-AID HIGHWAYS
Among other provisions, this title
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
This title reauthorizes through FY2026 the state infrastructure bank program and revises the TIFIA program. Under the existing TIFIA program, DOT provides loans with low interest rates and loan guarantees with low repayment terms to borrowers to undertake certain transportation infrastructure programs. This title revises program requirements, including by expanding eligibility to airport-related projects, requiring DOT to establish a process to expedite certain loans, and setting forth provisions to increase transparency in the review process for projects seeking TIFIA funding.
TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION
This title requires DOT to revise its workforce education program and establish certain research and technology programs. Among other requirements, DOT must
TITLE IV--INDIAN AFFAIRS
This title provides for
DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
Surface Transportation Investment Act of 2021
TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
This title establishes and expands provisions related to the national multimodal freight policy and components of the national freight system.
Among other provisions, the title
TITLE II--RAIL
Passenger Rail Expansion and Rail Safety Act of 2021
This title addresses various passenger rail-related issues, including Amtrak, intercity passenger rail policy, and rail safety.
Among other provisions, the title
TITLE III--MOTOR CARRIER SAFETY
This title addresses provisions related to the Federal Motor Carrier Safety Administration (FMCSA) and its related programs covering commercial drivers and vehicles.
Among other provisions, the title
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
This title addresses provisions related to highway safety, highway safety research and development, high-visibility enforcement, national priority safety, and vehicle safety programs of DOT.
Among other provisions, the title
TITLE V--RESEARCH AND INNOVATION
This title addresses provisions related to research and innovation programs of DOT and other federal agencies.
Among other provisions, the title
TITLE VI--HAZARDOUS MATERIALS
This title reauthorizes through FY2026 the hazardous materials emergency preparedness program and other safety programs of DOT.
The title also directs DOT to establish a grant program to develop a hazardous materials response training curriculum for emergency responders and to make such training available in an electronic format.
Additionally, the title revises requirements for Class I railroads that transport hazardous materials to share real-time emergency response information by providing certain information to appropriate state and local officials, including the quantity of hazardous materials.
TITLE VII--GENERAL PROVISIONS
This title addresses various provisions related to DOT, including performance standards, forced labor, the electromagnetic spectrum, and travel and tourism activities.
Specifically, the title
TITLE VIII-SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
This title reauthorizes through FY2026 the Sport Fish Restoration and Boating Trust Fund which provides funding for several programs, including coastal wetlands, water and boating infrastructure, and recreational boating safety.
It also requires an amount to be set-aside each fiscal year through FY2026 for administration of the National Recreational Boating Safety Program and the Wildlife Restoration Fund.
The title also requires the GAO to report on (1) the increasing use of nonmotorized vessels and their impacts on motorized and nonmotorized vessel access, (2) user conflicts at waterway access points, (3) the use of Sport Fish Restoration Program funds to improve nonmotorized vessel access and the reasons for providing such access, and (4) the use of Recreational Boating Safety Program funds for nonmotorized boating safety programs.
DIVISION C--TRANSIT
This division revises provisions related to various public transportation programs, including the fixed guideway capital investment grant program, the public transportation innovation grant program, and the low or no emissions grant program for buses and bus facilities.
Among other provisions, the division
DIVISION D--ENERGY
TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
This title establishes a variety of requirements and incentives to support energy infrastructure and cybersecurity for the energy sector, including requirements and incentives to
TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
This title sets forth incentives and requirements to ensure a supply chain for clean energy technologies, such as supply chains for critical minerals (e.g., rare earth minerals) and battery materials. For example, the title provides support for programs that
TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
This title reauthorizes, expands, and establishes programs that support
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
This title revises various loan programs of the Department of Energy (DOE) and expands DOE data collection requirements. For example, the title expands the eligibility criteria for the Advanced Technology Vehicle Manufacturing Loan Program. It also directs DOE to collect information on the bulk power system, energy consumption, demand for minerals, and other issues.
TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
This title establishes requirements and incentives related to increasing energy efficiency in homes, commercial buildings, manufacturing facilities, public schools, nonprofit buildings, and federal buildings.
TITLE VI--METHANE REDUCTION INFRASTRUCTURE
This title reauthorizes through FY2022 and revises programs to plug, remediate, and reclaim orphaned (e.g., abandoned) oil or gas wells located on federal, state, or tribal lands.
TITLE VII--ABANDONED MINE LAND RECLAMATION
This title reduces the fee certain coal mining operations must pay to the Abandoned Mine Reclamation Fund, reauthorizes such fee through FY2034, revises provisions regarding the fund and mine reclamation, and establishes a program to reclaim hard rock mine land.
Under the existing Abandoned Mine Land Reclamation Program, the Office of Surface Mining, Reclamation and Enforcement collects a fee from coal mining companies for each ton of coal produced. The fees are deposited into the fund, which may be used to address hazards to public health, safety, and the environment from coal mining sites that were abandoned or unreclaimed as of August 3, 1977.
In addition, this title also requires the Department of the Interior to establish a program to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hard rock mine land.
TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION
This title reauthorizes through FY2026 and revises the Forest Roads and Trails Act and authorizes programs related to wildlife and natural resources, including by authorizing (1) the Forest Service Legacy Road and Trail Remediation Program, (2) a program to reduce the risk of wildfire, and (3) a voluntary program to restore ecosystems.
TITLE IX--WESTERN WATER INFRASTRUCTURE
This title revises requirements regarding western water infrastructure and authorizes through FY2026 projects of the Bureau of Reclamation projects concerning such infrastructure, such as projects for
TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
This title authorizes a variety of projects and programs established under the Energy Act of 2020 concerning energy storage, advanced reactors, mineral security, carbon capture, water power, and renewable energy.
TITLE XI--WAGE RATE REQUIREMENTS
This title requires projects that receive funding under this division to pay all laborers and mechanics locally prevailing wages.
TITLE XII--MISCELLANEOUS
This title requires DOE to establish a program to oversee demonstration projects authorized under this division or the Energy Act of 2020. In addition, the title extends the Secure Rural Schools and Community Self-Determination Act of 2000.
DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE
Drinking Water and Wastewater Infrastructure Act of 2021
TITLE I--DRINKING WATER
This title authorizes a variety of programs within the Environmental Protection Agency (EPA) that support drinking water infrastructure.
Specifically, the title reauthorizes through FY2026 and revises the drinking water state revolving fund program, which provides financial assistance to states and water systems for infrastructure projects. In addition, it reauthorizes through FY2026 existing programs and establishes new programs to support drinking water infrastructure, including programs that
TITLE II--CLEAN WATER
This title authorizes a variety of programs within the EPA that support clean water infrastructure.
Specifically, the title reauthorizes through FY2026 and revises (1) the Water Infrastructure Finance and Innovation Act of 2014; and (2) the clean water state revolving fund program, which provides financial assistance to states and communities for sewage and wastewater infrastructure projects. In addition, it reauthorizes through FY2026 existing programs and establishes new programs that support water infrastructure, including programs designed to
DIVISION F--BROADBAND
TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO, AND TERRITORIES
This title establishes measures to promote broadband deployment in unserved and underserved areas through specified projects (e.g., connecting libraries and other community anchor institutions, collecting data and conducting broadband mapping, and installing internet infrastructure).
Specifically, the title establishes the Broadband Equity, Access, and Deployment Program to award grants to carry out the purposes of this title. Further, it requires broadband providers to deliver information to the Federal Communications Commission (FCC) to facilitate the creation and maintenance of broadband maps.
The FCC must establish an online mapping tool to provide a geographic footprint of each federally funded broadband infrastructure deployment project.
TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS
This title modifies the Tribal Broadband Connectivity Program, through which the National Telecommunications and Information Administration (NTIA) makes grants to expand access to and adoption of broadband service on tribal land for remote learning, telework, or telehealth resources.
Specifically, the title extends the deadline for a grant recipient to (1) commit grant funds to a specific use, and (2) expend the grant funds. The title also authorizes a grant recipient to use grant funds to cover up to 2.5% of the total project cost for planning, feasibility, and sustainability studies.
If Congress appropriates additional funds for these grants after the enactment of this bill, the NTIA (1) may use a portion of the funds to fully fund grants that were not fully funded initially, and (2) shall allocate any remaining funds through subsequent funding rounds.
TITLE III--DIGITAL EQUITY ACT OF 2021
Digital Equity Act of 2021
This title requires the NTIA to establish grant programs for promoting digital equity, supporting digital inclusion activities, and building capacity for state-led efforts to increase adoption of broadband by their residents.
Specifically, the title establishes the State Digital Equity Capacity Grant Program to make distributions to states based on their populations, demographics, and availability and adoption of broadband. The title also establishes the Digital Equity Competitive Grant Program for supporting efforts to achieve digital equity, promote digital inclusion, and stimulate adoption of broadband.
TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
This title requires the NTIA to make grants to eligible entities for the construction, improvement, or acquisition of middle mile infrastructure (i.e., the midsection of the infrastructure required to enable internet connectivity for end users but which does not connect directly to an end-user location). Entities eligible to receive such grants include states, tribal governments, telecommunications companies, various nonprofit entities, and economic development authorities.
TITLE V--BROADBAND AFFORDABILITY
This title revises and makes permanent the Affordable Connectivity Benefit Program (formerly, the Emergency Broadband Benefit Program) established to reimburse broadband providers for costs associated with discounting broadband service for certain households during the COVID-19 emergency period.
Participating providers must allow recipient households to apply the affordable connectivity benefit to any of its internet service offerings and may not require the households to submit to a credit check in order to apply the benefit. Such providers must also carry out public awareness campaigns in service areas to highlight the existence of the program and the value and benefits of broadband.
The FCC must promulgate regulations to require the display of broadband consumer labels to disclose to consumers specified information regarding broadband internet plans, including information regarding whether the offered price is an introductory rate.
Further, the FCC must adopt final rules to facilitate equal access to broadband, which must include (1) preventing digital discrimination of access based on factors such as income level, race, or religion; and (2) identifying necessary steps for the FCC to eliminate such discrimination.
The Government Accountability Office (GAO) must evaluate and report on the process used by the FCC for establishing, reviewing, and updating the upload and download speed thresholds for broadband service.
TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE
Telecommunications Skilled Workforce Act
This title establishes measures to address the workforce needs of the telecommunications industry.
Specifically, the title requires the FCC to establish an interagency working group to develop recommendations for addressing these workforce needs, including the safety of that workforce.
The FCC must also establish and issue guidance for states on matters related to workforce needs and safety of the telecommunications industry, including how a state workforce development board can (1) utilize federal resources available to meet relevant workforce needs; (2) promote and improve recruitment in the Telecommunications Industry Registered Apprenticeship Program and other qualified industry-led workforce development programs; and (3) ensure the safety of tower climbers and other members of the telecommunications workforce.
The GAO must submit to Congress a report that estimates the number of skilled telecommunications workers that will be required to build and maintain (1) broadband infrastructure in rural areas, and (2) the infrastructure needed to support 5G wireless technology.
DIVISION G--OTHER AUTHORIZATIONS
TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
This title establishes in the Treasury an Indian Water Rights Settlement Completion Fund. Amounts deposited in the fund shall be used by the Department of the Interior for transfers to accounts authorized to receive discretionary appropriations, or to satisfy other obligations identified by Interior, under an approved Indian water settlement.
TITLE II--WILDFIRE MITIGATION
Wildland Fire Mitigation and Management Commission Act of 2021
This title directs Interior, the Department of Agriculture (USDA), and the Federal Emergency Management Agency (FEMA) to jointly establish a temporary commission to study and make recommendations to improve federal policies relating to wildland fires in the United States, including rehabilitating land devastated by wildland fires.
The commission shall terminate 180 days after it submits two reports to Congress (1) recommendations to prevent, mitigate, suppress, and manage wildland fires; and (2) a strategy to meet aerial firefighting equipment needs that may be used for wildland firefighting purposes through 2030 in the most cost-effective manner.
TITLE III--REFORESTATION
Repairing Existing Public Land by Adding Necessary Trees Act or the REPLANT Act
This title directs USDA to annually transmit to Congress for each of the 10 years after enactment of this title an estimate of appropriations necessary to replant and otherwise treat (1) forested land intended to be cut over that year, and (2) a sufficient portion of the backlog of lands that need treatment to eliminate the backlog within the 10-year period.
After such 10-year period, USDA shall transmit annually to Congress an estimate of the sums necessary to replant and otherwise treat all lands being cut over and maintain planned timber production on all other forested lands in the National Forest System to prevent the development of a backlog of needed work larger than the needed work at the beginning of the fiscal year.
Each reforestation activity included in a renewable resource assessment shall be carried out in accordance with applicable Forest Service management practices and definitions, including definitions relating to silvicultural practices and forest management.
The Forest Service shall, based on recommendations from regional foresters, create a priority list of reforestation projects that primarily take place on priority land and promote effective reforestation following unplanned events. The list may include activities to ensure adequate and appropriate seed availability.
USDA shall give priority to projects on the list.
TITLE IV--RECYCLING PRACTICES
This title provides support for recycling programs.
Specifically, the Environmental Protection Agency (EPA) must develop best practices for states, tribal, and local governments with respect to the collection of batteries to be recycled in a manner that (1) is technically and economically feasible; (2) is environmentally sound and safe for waste management workers; and (3) optimizes the value and use of material derived from recycling of batteries.
The title also requires the EPA to establish a program to award grants to improve the effectiveness of residential and community recycling programs through public education and outreach.
In addition, the EPA must develop a model recycling program toolkit for states, Native American tribes, and local governments.
Finally, the title specifies that the EPA's review of its federal procurement guidelines for purchasing certain recycled materials and items made with such materials must occur at least once every five years.
TITLE V--BIOPRODUCT PILOT PROGRAM
This title directs USDA to carry out a pilot program to partner with not less than one qualified institution to study the benefits of using materials derived from certain agricultural commodities in the production of construction and consumer products, including greenhouse gas emission reductions and other environmental benefits relative to other commonly used alternative materials.
TITLE VI--CYBERSECURITY
Cyber Response and Recovery Act
This title authorizes the Department of Homeland Security (DHS) to declare a significant incident in the event of a breach of a public or private network and establishes a Cyber Response and Recovery Fund.
Specifically, DHS may make the declaration upon determining that a specific significant incident has occurred or is likely to occur imminently and that otherwise available resources, other than the fund, are likely insufficient to respond to or mitigate the incident effectively.
Upon a declaration, the Cybersecurity and Infrastructure Security Agency must coordinate the response activities of (1) each federal agency; (2) local governments, law enforcement agencies, and other responding entities; and (3) federal, state, local, and tribal emergency management and response agencies.
The fund shall be available for the coordination of such activities and for response and recovery support.
State and Local Cybersecurity Improvement Act
Additionally, the title establishes the State and Local Cybersecurity Grant Program to address cybersecurity risks and threats to the information systems of state, local, or tribal governments.
TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS
This title requires entities carrying out certain transportation projects to conduct a value-for-money analysis or comparable analysis of the project during the planning and project development process and prior to signing any Project Development Agreement.
For each project the entity carrying out the project must include the results of the analysis on the website of the project and submit the results of the analysis to the Build America Bureau and the Department of Transportation (DOT).
DOT must issue guidance on performance benchmarks, risk premiums, and expected rates of return on private financing for such projects.
TITLE VIII--FEDERAL PERMITTING IMPROVEMENT
This title revises the program responsible for federal coordination and review of major infrastructure projects, including by making this program permanent and by expanding the types of projects eligible for the program.
TITLE IX--BUILD AMERICA, BUY AMERICA
Build America, Buy America Act
This title requires federal infrastructure programs to provide for the use of materials produced in the United States.
For example each federal agency must submit to the Office of Management and Budget (OMB) and to Congress a report that identifies each federal financial assistance program for infrastructure administered by the agency and (1) identify domestic content procurement preferences applicable to the assistance, (2) assess the applicability of such requirements, (3) provide details on any applicable domestic content procurement preference requirement, and (4) include a description of the type of infrastructure projects that receive funding under the program.
Additionally, each agency shall ensure that none of the funds made available for such a program are used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. Agencies may waive these requirements where inconsistent with the public interest, where not produced in sufficient quantities or satisfactory quality, or where such inclusion will increase the cost of the project by more than 25%.
The title also directs the Office for Federal Procurement Policy in the OMB to promulgate final regulations or other policy guidance to standardize and simplify how federal agencies comply with, report on, and enforce the Buy American Act.
Further, the title directs specified federal agencies to take steps to increase transparency and limit the use of waivers of Buy American laws. Generally, Buy American laws require agencies to procure domestic goods.
BuyAmerican.gov Act of 2021
The title requires (1) the Department of Commerce, the Office of the U.S. Trade Representative, and the OMB to assess the impacts of all U.S. free trade agreements, the World Trade Organization Agreement on Government Procurement, and federal permitting processes on the operation of Buy American laws; and (2) the General Services Administration (GSA) to establish a free, publicly available BuyAmerican.gov website. Public interest waivers from Buy American laws shall be construed to ensure the maximum utilization of goods, products, and materials produced in the United States.
The GSA shall develop a mechanism to collect information on requests to invoke a Buy American waiver for a federal contract.
Make PPE in America Act
The title also requires procurement contracts for personal protective equipment (PPE) to be long-term and for domestically manufactured.
Contracts entered into by the Departments of Homeland Security, Health and Human Services, Defense, Education, or Veterans Affairs for the procurement of PPE must be for a duration of at least two years, including all option periods, to incentivize investment in the production of PPE, and materials and components of PPE, in the United States.
The title provides exceptions (1) where a non availability determination has been made, or (2) where a sufficient quantity of a satisfactory quality cannot be procured as and when needed at U.S. market prices. The departments must certify every 120 days that an exception is necessary to procure PPE to meet the immediate needs of a public health emergency.
Such departments may transfer to the Strategic National Stockpile any excess PPE acquired under a contract.
TITLE X--ASSET CONCESSIONS
This title directs the Department of Transportation (DOT) to establish a grant program to provide technical assistance and other resources to state and local transportation agencies that are interested in engaging the private sector in public-private partnerships, asset concessions, and other innovative financing.
TITLE XI--CLEAN SCHOOL BUSES AND FERRIES
This title establishes and expands programs related to clean school buses and ferries.
Specifically, the title
DIVISION H--REVENUE PROVISIONS
TITLE I--HIGHWAY TRUST FUND
This title extends several highway-related authorizations and tax provisions, including
The title makes additional transfers from the general fund of the Treasury to the Highway Trust Fund.
TITLE IV--BOND PROVISIONS
This title adds broadband as an allowable use for private activity bonds and allows carbon capture and direct air capture technologies to be eligible for private activity bond financing.
The title increases the current cap on tax-exempt highway or surface freight transfer facility bonds to $30 billion.
TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL EVENTS
This title modifies requirements relating to the authority of the the Department of the Treasury to allow extensions of tax filing deadlines when there is either a federally-declared disaster or a terroristic or military action. It also extends such authority by reason of significant fires.
The title also expands the authority to postpone the time for filing of Tax Court petitions to include all petitions, not just deficiency petitions or for erroneous refunds.
TITLE VI--OTHER PROVISIONS
This title revises requirements for the tax exclusion for contributions to the capital of a corporation. Specifically, it allows an exclusion for certain amounts received by a regulated public utility that provides water or sewerage disposal services.
The title provides for the extension of tax rules for stabilizing interest rates on contribution amounts to defined benefit pension plans.
The title modifies reporting requirements and definitions relating to brokers and digital assets for returns and information statements required after 2023.
This provision provides for the termination of the employee retention tax credit after FY2021, except for start-up businesses which terminate on December 31, 2021.
DIVISION I--OTHER MATTERS
This division addresses a wide range of policy areas such as energy, health care, and telecommunications. It includes provisions that
DIVISION J--APPROPRIATIONS
This division provides appropriations for FY2022 for the departments and agencies included in this division.
Infrastructure Investments and Jobs Appropriations Act
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES
This title provides appropriations to the Department of Agriculture for the Natural Resources Conservation Service (NRCS) and the Rural Utilities Service (RUS).
Specifically, the title provides appropriations to the NRCS for
The title provides appropriations to the RUS for the Distance Learning, Telemedicine, and the Broadband Program.
In addition, the title provides appropriations to implement a pilot program to study the benefits of using agricultural commodities in the production of construction and consumer products.
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
This title provides appropriations to the National Telecommunications and Information Administration for
It also provides appropriations to the National Oceanic and Atmospheric Administration for
TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
This title provides appropriations for the U.S. Army Corps of Engineers, the Bureau of Reclamation, the Department of Energy (DOE), and several independent agencies.
Specifically, the title provides appropriations for U.S. Army Corps of Engineers civil works projects, including for
The title provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation.
Within DOE, the title provides appropriations for
The title also provides appropriations for several independent agencies, including:
TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT
This title provides appropriations for
It also provides appropriations to the General Services Administration for construction and acquisition, repairs, and alterations of border stations and land ports of entry.
TITLE V--DEPARTMENT OF HOMELAND SECURITY
This title provides appropriations to the Department of Homeland Security for
TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
This title provides appropriations to the Department of the Interior for
The title provides appropriations to the Environmental Protection Agency for
In addition, the title provides appropriations to the Forest Service for
Within the Department of Health and Human Services (HHS), the title provides appropriations for the Indian Health Service.
TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
This title provides appropriations to HHS for the Low Income Home Energy Assistance Program.
TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
This title provides appropriations to the Department of Transportation for
TITLE IX--GENERAL PROVISIONS--THIS DIVISION
This title exempts the budgetary effects of specified provisions of this bill from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget score keeping rules.
DIVISION K--MINORITY BUSINESS DEVELOPMENT
Minority Business Development Act of 2021
This division provides statutory authority for the Minority Business Development Agency (MBDA) and establishes the Office of Business Centers within the MBDA. The MBDA works to facilitate the growth and global competitiveness of minority business enterprises.
TITLE I--EXISTING INITIATIVES
This title provides statutory authority for market development, research, and information gathering initiatives in collaboration with public and private sector entities to assist and promote minority businesses in domestic and foreign markets.
The title also provides statutory authority for the MBDA Business Center Program, which establishes a national network of public-private partnerships that assist minority business enterprises in accessing capital, contracts, and grants, creating and maintaining jobs, providing counseling and mentoring, and facilitating the growth of minority business enterprises by promoting trade.
TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY BUSINESSES
This title establishes initiatives to promote the economic resiliency of minority businesses, including requiring the MBDA to (1) conduct a government-business forum to review problems and programs relating to capital formation by minority businesses, (2) study and report on opportunities for providing alternative financing solutions to minority businesses, and (3) promote the education and training of socially or economically disadvantaged individuals in subjects directly relating to business administration and management.
TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM
This title authorizes the MBDA to establish rural business centers, in partnership with minority-serving institutions or consortia of such institutions that are led by a minority-serving institution, to serve rural minority businesses and to focus on issues such as broadband adoption, advanced manufacturing, and job creation.
TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS
This title establishes the Minority Business Development grant program to award grants to nonprofit organizations that support the development, growth, or retention of minority businesses.
TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
This title requires the MBDA to establish the Minority Business Enterprises Advisory Council to serve as a resource for socially or economically disadvantaged businesses.
TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
This title authorizes the MBDA to coordinate federal plans, programs, and operations that affect the establishment, preservation, and strengthening of socially or economically disadvantaged businesses. Further, it requires the MBDA to take steps to facilitate the participation of federal departments and agencies in supporting such businesses.
TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS
This title provides administrative authorities, allows the MBDA to provide certain federal assistance (e.g., grants) to public and private sector entities to carry out existing initiatives targeting minority businesses, and establishes record keeping and reporting requirements.
[117th Congress Public Law 58]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 429]]

Public Law 117-58
117th Congress

                                 An Act


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

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

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

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

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

                   DIVISION A--SURFACE TRANSPORTATION

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

                      TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorizations and Programs

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

[[Page 135 STAT. 430]]

Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.

             Subtitle B--Planning and Performance Management

Sec. 11201. Transportation planning.
Sec. 11202. Fiscal constraint on long-range transportation plans.
Sec. 11203. State human capital plans.
Sec. 11204. Prioritization process pilot program.
Sec. 11205. Travel demand data and modeling.
Sec. 11206. Increasing safe and accessible transportation options.

          Subtitle C--Project Delivery and Process Improvement

Sec. 11301. Codification of One Federal Decision.
Sec. 11302. Work zone process reviews.
Sec. 11303. Transportation management plans.
Sec. 11304. Intelligent transportation systems.
Sec. 11305. Alternative contracting methods.
Sec. 11306. Flexibility for projects.
Sec. 11307. Improved Federal-State stewardship and oversight agreements.
Sec. 11308. Geomatic data.
Sec. 11309. Evaluation of projects within an operational right-of-way.
Sec. 11310. Preliminary engineering.
Sec. 11311. Efficient implementation of NEPA for Federal land management 
           projects.
Sec. 11312. National Environmental Policy Act of 1969 reporting program.
Sec. 11313. Surface transportation project delivery program written 
           agreements.
Sec. 11314. State assumption of responsibility for categorical 
           exclusions.
Sec. 11315. Early utility relocation prior to transportation project 
           environmental review.
Sec. 11316. Streamlining of section 4(f) reviews.
Sec. 11317. Categorical exclusion for projects of limited Federal 
           assistance.
Sec. 11318. Certain gathering lines located on Federal land and Indian 
           land.
Sec. 11319. Annual report.

                       Subtitle D--Climate Change

Sec. 11401. Grants for charging and fueling infrastructure.
Sec. 11402. Reduction of truck emissions at port facilities.
Sec. 11403. Carbon reduction program.
Sec. 11404. Congestion relief program.
Sec. 11405. Promoting Resilient Operations for Transformative, 
           Efficient, and Cost-saving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.

                        Subtitle E--Miscellaneous

Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through 
           public-private partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and 
           infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.

[[Page 135 STAT. 431]]

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

     TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

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

             TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

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

                        TITLE IV--INDIAN AFFAIRS

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

        DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021

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

             TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION

                  Subtitle A--Multimodal Freight Policy

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

                    Subtitle B--Multimodal Investment

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

  Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms

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

                             TITLE II--RAIL

Sec. 22001. Short title.

               Subtitle A--Authorization of Appropriations

Sec. 22101. Grants to Amtrak.

[[Page 135 STAT. 432]]

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

                       Subtitle B--Amtrak Reforms

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

               Subtitle C--Intercity Passenger Rail Policy

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

                         Subtitle D--Rail Safety

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

                     TITLE III--MOTOR CARRIER SAFETY

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

[[Page 135 STAT. 433]]

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

               TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY

                   Subtitle A--Highway Traffic Safety

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

                       Subtitle B--Vehicle Safety

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

                    TITLE V--RESEARCH AND INNOVATION

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

[[Page 135 STAT. 434]]

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

                      TITLE VI--HAZARDOUS MATERIALS

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

                      TITLE VII--GENERAL PROVISIONS

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

   TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

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

                           DIVISION C--TRANSIT

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

                           DIVISION D--ENERGY

Sec. 40001. Definitions.

               TITLE I--GRID INFRASTRUCTURE AND RESILIENCY

       Subtitle A--Grid Infrastructure Resilience and Reliability

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

[[Page 135 STAT. 435]]

Sec. 40103. Electric grid reliability and resilience research, 
           development, and demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing 
           authority.
Sec. 40111. Study of codes and standards for use of energy storage 
           systems across sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life 
           applications for grid services.
Sec. 40113. Columbia Basin power management.

                        Subtitle B--Cybersecurity

Sec. 40121. Enhancing grid security through public-private partnerships.
Sec. 40122. Energy Cyber Sense program.
Sec. 40123. Incentives for advanced cybersecurity technology investment.
Sec. 40124. Rural and municipal utility advanced cybersecurity grant and 
           technical assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.

          TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES

Sec. 40201. Earth Mapping Resources Initiative.
Sec. 40202. National Cooperative Geologic Mapping Program.
Sec. 40203. National Geological and Geophysical Data Preservation 
           Program.
Sec. 40204. USGS energy and minerals research facility.
Sec. 40205. Rare earth elements demonstration facility.
Sec. 40206. Critical minerals supply chains and reliability.
Sec. 40207. Battery processing and manufacturing.
Sec. 40208. Electric drive vehicle battery recycling and second-life 
           applications program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.

       TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS

  Subtitle A--Carbon Capture, Utilization, Storage, and Transportation 
                             Infrastructure

Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and 
           innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental 
           Shelf.
Sec. 40308. Carbon removal.

              Subtitle B--Hydrogen Research and Development

Sec. 40311. Findings; purpose.
Sec. 40312. Definitions.
Sec. 40313. Clean hydrogen research and development program.
Sec. 40314. Additional clean hydrogen programs.
Sec. 40315. Clean hydrogen production qualifications.

                Subtitle C--Nuclear Energy Infrastructure

Sec. 40321. Infrastructure planning for micro and small modular nuclear 
           reactors.
Sec. 40322. Property interests relating to certain projects and 
           protection of information relating to certain agreements.
Sec. 40323. Civil nuclear credit program.

                         Subtitle D--Hydropower

Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
Sec. 40334. Pumped storage hydropower wind and solar integration and 
           system reliability initiative.

[[Page 135 STAT. 436]]

Sec. 40335. Authority for pumped storage hydropower development using 
           multiple Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power 
           privilege.

                        Subtitle E--Miscellaneous

Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former 
           mine land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related 
           purposes on the outer Continental Shelf.

 TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION

              Subtitle A--Department of Energy Loan Program

Sec. 40401. Department of Energy loan programs.

              Subtitle B--Energy Information Administration

Sec. 40411. Definitions.
Sec. 40412. Data collection in the electricity sector.
Sec. 40413. Expansion of energy consumption surveys.
Sec. 40414. Data collection on electric vehicle integration with the 
           electricity grids.
Sec. 40415. Plan for the modeling and forecasting of demand for minerals 
           used in the energy sector.
Sec. 40416. Expansion of international energy data.
Sec. 40417. Plan for the National Energy Modeling System.
Sec. 40418. Report on costs of carbon abatement in the electricity 
           sector.
Sec. 40419. Harmonization of efforts and data.

                        Subtitle C--Miscellaneous

Sec. 40431. Consideration of measures to promote greater electrification 
           of the transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and 
           impacts on consumer energy costs due to the revocation of the 
           permit for the Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric 
           vehicle supply chain.

         TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE

        Subtitle A--Residential and Commercial Energy Efficiency

Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant 
           program.
Sec. 40503. Energy auditor training grant program.

                          Subtitle B--Buildings

Sec. 40511. Cost-effective codes implementation for efficiency and 
           resilience.
Sec. 40512. Building, training, and assessment centers.
Sec. 40513. Career skills training.
Sec. 40514. Commercial building energy consumption information sharing.

                Subtitle C--Industrial Energy Efficiency

                            PART I--Industry

Sec. 40521. Future of industry program and industrial research and 
           assessment centers.
Sec. 40522. Sustainable manufacturing initiative.

                      PART II--Smart Manufacturing

Sec. 40531. Definitions.
Sec. 40532. Leveraging existing agency programs to assist small and 
           medium manufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National 
           Laboratories.
Sec. 40534. State manufacturing leadership.
Sec. 40535. Report.

                   Subtitle D--Schools and Nonprofits

Sec. 40541. Grants for energy efficiency improvements and renewable 
           energy improvements at public school facilities.

[[Page 135 STAT. 437]]

Sec. 40542. Energy efficiency materials pilot program.

                        Subtitle E--Miscellaneous

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

               TITLE VI--METHANE REDUCTION INFRASTRUCTURE

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

               TITLE VII--ABANDONED MINE LAND RECLAMATION

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

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

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

                 TITLE IX--WESTERN WATER INFRASTRUCTURE

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

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

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

                    TITLE XI--WAGE RATE REQUIREMENTS

Sec. 41101. Wage rate requirements.

                        TITLE XII--MISCELLANEOUS

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

        DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE

Sec. 50001. Short title.

[[Page 135 STAT. 438]]

Sec. 50002. Definition of Administrator.

                         TITLE I--DRINKING WATER

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

                          TITLE II--CLEAN WATER

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

                          DIVISION F--BROADBAND

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

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

           TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.

Sec. 60201. Tribal connectivity technical amendments.

                  TITLE III--DIGITAL EQUITY ACT OF 2021

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

[[Page 135 STAT. 439]]

Sec. 60307. General provisions.

         TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE

Sec. 60401. Enabling middle mile broadband infrastructure.

                    TITLE V--BROADBAND AFFORDABILITY

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

             TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE

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

                    DIVISION G--OTHER AUTHORIZATIONS

         TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND

Sec. 70101. Indian Water Rights Settlement Completion Fund.

                      TITLE II--WILDFIRE MITIGATION

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

                        TITLE III--REFORESTATION

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

                      TITLE IV--RECYCLING PRACTICES

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

                    TITLE V--BIOPRODUCT PILOT PROGRAM

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

                         TITLE VI--CYBERSECURITY

               Subtitle A--Cyber Response and Recovery Act

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

        Subtitle B--State and Local Cybersecurity Improvement Act

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

                 TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS

Sec. 70701. Value for money analysis.

               TITLE VIII--FEDERAL PERMITTING IMPROVEMENT

Sec. 70801. Federal permitting improvement.

                  TITLE IX--BUILD AMERICA, BUY AMERICA

                 Subtitle A--Build America, Buy America

Sec. 70901. Short title.

                PART I--Buy America Sourcing Requirements

Sec. 70911. Findings.

[[Page 135 STAT. 440]]

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

                       PART II--Make It in America

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

                       Subtitle B--BuyAmerican.gov

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

                     Subtitle C--Make PPE in America

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

                       TITLE X--ASSET CONCESSIONS

Sec. 71001. Asset concessions.

                TITLE XI--CLEAN SCHOOL BUSES AND FERRIES

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

                     DIVISION H--REVENUE PROVISIONS

                       TITLE I--HIGHWAY TRUST FUND

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

                      TITLE II--CHEMICAL SUPERFUND

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

                      TITLE III--CUSTOMS USER FEES

Sec. 80301. Extension of customs user fees.

                        TITLE IV--BOND PROVISIONS

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

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

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

[[Page 135 STAT. 441]]

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

                       TITLE VI--OTHER PROVISIONS

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

                        DIVISION I--OTHER MATTERS

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

                       DIVISION J--APPROPRIATIONS

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

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

      TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

           TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                TITLE V--DEPARTMENT OF HOMELAND SECURITY

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

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

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

               TITLE IX--GENERAL PROVISIONS--THIS DIVISION

                DIVISION K--MINORITY BUSINESS DEVELOPMENT

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

                      TITLE I--EXISTING INITIATIVES

        Subtitle A--Market Development, Research, and Information

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

Subtitle B--Minority Business Development Agency Business Center Program

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

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

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

[[Page 135 STAT. 442]]

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

            TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

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

             TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

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

         TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

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

      TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

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

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

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

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

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

[[Page 135 STAT. 443]]

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

    This division may be cited as the ``Surface Transportation 
Reauthorization Act of 2021''.
SEC. 10002. <<NOTE: 23 USC 101 note.>>  DEFINITIONS.

    In this division:
            (1) Department.--The term ``Department'' means the 
        Department of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
SEC. 10003. <<NOTE: 23 USC 101 note.>>  EFFECTIVE DATE.

    Except as otherwise provided, this division and the amendments made 
by this division take effect on October 1, 2021.

                      TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A <<NOTE: Time periods.>> --Authorizations and Programs
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.

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

[[Page 135 STAT. 444]]

                          (iv) $612,960,000 for fiscal year 2025; and
                          (v) $627,960,000 for fiscal year 2026.
                    (B) Federal lands transportation program.--
                          (i) In general.--For the Federal lands 
                      transportation program under section 203 of title 
                      23, United States Code--
                                    (I) $421,965,000 for fiscal year 
                                2022;
                                    (II) $429,965,000 for fiscal year 
                                2023;
                                    (III) $438,965,000 for fiscal year 
                                2024;
                                    (IV) $447,965,000 for fiscal year 
                                2025; and
                                    (V) $455,965,000 for fiscal year 
                                2026.
                          (ii) Allocation.--Of the amount made available 
                      for a fiscal year under clause (i)--
                                    (I) the amount for the National Park 
                                Service is--
                                            (aa) $332,427,450 for fiscal 
                                        year 2022;
                                            (bb) $338,867,450 for fiscal 
                                        year 2023;
                                            (cc) $346,237,450 for fiscal 
                                        year 2024;
                                            (dd) $353,607,450 for fiscal 
                                        year 2025; and
                                            (ee) $360,047,450 for fiscal 
                                        year 2026;
                                    (II) the amount for the United 
                                States Fish and Wildlife Service is 
                                $36,000,000 for each of fiscal years 
                                2022 through 2026; and
                                    (III) the amount for the Forest 
                                Service is--
                                            (aa) $24,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $26,000,000 for fiscal 
                                        year 2024;
                                            (dd) $27,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $28,000,000 for fiscal 
                                        year 2026.
                    (C) Federal lands access program.--For the Federal 
                lands access program under section 204 of title 23, 
                United States Code--
                          (i) $285,975,000 for fiscal year 2022;
                          (ii) $291,975,000 for fiscal year 2023;
                          (iii) $296,975,000 for fiscal year 2024;
                          (iv) $303,975,000 for fiscal year 2025; and
                          (v) $308,975,000 for fiscal year 2026.
            (4) Territorial and puerto rico highway program.--For the 
        territorial and Puerto Rico highway program under section 165 of 
        title 23, United States Code--
                    (A) $219,000,000 for fiscal year 2022;
                    (B) $224,000,000 for fiscal year 2023;
                    (C) $228,000,000 for fiscal year 2024;
                    (D) $232,500,000 for fiscal year 2025; and
                    (E) $237,000,000 for fiscal year 2026.
            (5) Nationally significant freight and highway projects.--
        For nationally significant freight and highway projects under 
        section 117 of title 23, United States Code--
                    (A) $1,000,000,000 for fiscal year 2022;
                    (B) $1,000,000,000 for fiscal year 2023;
                    (C) $1,000,000,000 for fiscal year 2024;
                    (D) $900,000,000 for fiscal year 2025; and
                    (E) $900,000,000 for fiscal year 2026.

    (b) Other Programs.--
            (1) In general.--The following amounts are authorized to be 
        appropriated out of the Highway Trust Fund (other than the Mass 
        Transit Account):

[[Page 135 STAT. 445]]

                    (A) Bridge investment program.--To carry out the 
                bridge investment program under section 124 of title 23, 
                United States Code--
                          (i) $600,000,000 for fiscal year 2022;
                          (ii) $640,000,000 for fiscal year 2023;
                          (iii) $650,000,000 for fiscal year 2024;
                          (iv) $675,000,000 for fiscal year 2025; and
                          (v) $700,000,000 for fiscal year 2026.
                    (B) Congestion relief program.--To carry out the 
                congestion relief program under section 129(d) of title 
                23, United States Code, $50,000,000 for each of fiscal 
                years 2022 through 2026.
                    (C) Charging and fueling infrastructure grants.--To 
                carry out section 151(f) of title 23, United States 
                Code--
                          (i) $300,000,000 for fiscal year 2022;
                          (ii) $400,000,000 for fiscal year 2023;
                          (iii) $500,000,000 for fiscal year 2024;
                          (iv) $600,000,000 for fiscal year 2025; and
                          (v) $700,000,000 for fiscal year 2026.
                    (D) Rural surface transportation grant program.--To 
                carry out the rural surface transportation grant program 
                under section 173 of title 23, United States Code--
                          (i) $300,000,000 for fiscal year 2022;
                          (ii) $350,000,000 for fiscal year 2023;
                          (iii) $400,000,000 for fiscal year 2024;
                          (iv) $450,000,000 for fiscal year 2025; and
                          (v) $500,000,000 for fiscal year 2026.
                    (E) PROTECT grants.--
                          (i) In general.--To carry out subsection (d) 
                      of the PROTECT program under section 176 of title 
                      23, United States Code, for each of fiscal years 
                      2022 through 2026--
                                    (I) $250,000,000 for fiscal year 
                                2022;
                                    (II) $250,000,000 for fiscal year 
                                2023;
                                    (III) $300,000,000 for fiscal year 
                                2024;
                                    (IV) $300,000,000 for fiscal year 
                                2025; and
                                    (V) $300,000,000 for fiscal year 
                                2026.
                          (ii) Allocation.--Of the amounts made 
                      available under clause (i)--
                                    (I) for planning grants under 
                                paragraph (3) of that subsection--
                                            (aa) $25,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $30,000,000 for fiscal 
                                        year 2024;
                                            (dd) $30,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $30,000,000 for fiscal 
                                        year 2026;
                                    (II) for resilience improvement 
                                grants under paragraph (4)(A) of that 
                                subsection--
                                            (aa) $175,000,000 for fiscal 
                                        year 2022;
                                            (bb) $175,000,000 for fiscal 
                                        year 2023;
                                            (cc) $210,000,000 for fiscal 
                                        year 2024;
                                            (dd) $210,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $210,000,000 for fiscal 
                                        year 2026;
                                    (III) for community resilience and 
                                evacuation route grants under paragraph 
                                (4)(B) of that subsection--

[[Page 135 STAT. 446]]

                                            (aa) $25,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $30,000,000 for fiscal 
                                        year 2024;
                                            (dd) $30,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $30,000,000 for fiscal 
                                        year 2026; and
                                    (IV) for at-risk coastal 
                                infrastructure grants under paragraph 
                                (4)(C) of that subsection--
                                            (aa) $25,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $30,000,000 for fiscal 
                                        year 2024;
                                            (dd) $30,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $30,000,000 for fiscal 
                                        year 2026.
                    (F) Reduction of truck emissions at port 
                facilities.--
                          (i) In general.--To carry out the reduction of 
                      truck emissions at port facilities under section 
                      11402, $50,000,000 for each of fiscal years 2022 
                      through 2026.
                          (ii) Treatment.--Amounts made available under 
                      clause (i) shall be available for obligation in 
                      the same manner as if those amounts were 
                      apportioned under chapter 1 of title 23, United 
                      States Code.
                    (G) Nationally significant federal lands and tribal 
                projects.--
                          (i) In general.--To carry out the nationally 
                      significant Federal lands and tribal projects 
                      program under section 1123 of the FAST Act (23 
                      U.S.C. 201 note; Public Law 114-94), $55,000,000 
                      for each of fiscal years 2022 through 2026.
                          (ii) Treatment.--Amounts made available under 
                      clause (i) shall be available for obligation in 
                      the same manner as if those amounts were 
                      apportioned under chapter 1 of title 23, United 
                      States Code.
            (2) General fund.--
                    (A) Bridge investment program.--
                          (i) In general.--In addition to amounts made 
                      available under paragraph (1)(A), there are 
                      authorized to be appropriated to carry out the 
                      bridge investment program under section 124 of 
                      title 23, United States Code--
                                    (I) $600,000,000 for fiscal year 
                                2022;
                                    (II) $640,000,000 for fiscal year 
                                2023;
                                    (III) $650,000,000 for fiscal year 
                                2024;
                                    (IV) $675,000,000 for fiscal year 
                                2025; and
                                    (V) $700,000,000 for fiscal year 
                                2026.
                          (ii) Allocation.--Amounts made available under 
                      clause (i) shall be allocated in the same manner 
                      as if made available under paragraph (1)(A).
                    (B) Nationally significant federal lands and tribal 
                projects program.--In addition to amounts made available 
                under paragraph (1)(G), there is authorized to be 
                appropriated to carry out section 1123 of the FAST Act 
                (23 U.S.C. 201 note; Public Law 114-94) $300,000,000 for 
                each of fiscal years 2022 through 2026.
                    (C) Healthy streets program.--There is authorized to 
                be appropriated to carry out the Healthy Streets program 
                under section 11406 $100,000,000 for each of fiscal 
                years 2022 through 2026.

[[Page 135 STAT. 447]]

                    (D) Transportation resilience and adaptation centers 
                of excellence.--There is authorized to be appropriated 
                to carry out section 520 of title 23, United States 
                Code, $100,000,000 for each of fiscal years 2022 through 
                2026.
                    (E) Open challenge and research proposal pilot 
                program.--There is authorized to be appropriated to 
                carry out the open challenge and research proposal pilot 
                program under section 13006(e) $15,000,000 for each of 
                fiscal years 2022 through 2026.

    (c) Research, Technology, and Education Authorizations.--
            (1) In general.--The following amounts are authorized to be 
        appropriated out of the Highway Trust Fund (other than the Mass 
        Transit Account):
                    (A) Highway research and development program.--To 
                carry out section 503(b) of title 23, United States 
                Code, $147,000,000 for each of fiscal years 2022 through 
                2026.
                    (B) Technology and innovation deployment program.--
                To carry out section 503(c) of title 23, United States 
                Code, $110,000,000 for each of fiscal years 2022 through 
                2026.
                    (C) Training and education.--To carry out section 
                504 of title 23, United States Code--
                          (i) $25,000,000 for fiscal year 2022;
                          (ii) $25,250,000 for fiscal year 2023;
                          (iii) $25,500,000 for fiscal year 2024;
                          (iv) $25,750,000 for fiscal year 2025; and
                          (v) $26,000,000 for fiscal year 2026.
                    (D) Intelligent transportation systems program.--To 
                carry out sections 512 through 518 of title 23, United 
                States Code, $110,000,000 for each of fiscal years 2022 
                through 2026.
                    (E) University transportation centers program.--To 
                carry out section 5505 of title 49, United States Code--
                          (i) $80,000,000 for fiscal year 2022;
                          (ii) $80,500,000 for fiscal year 2023;
                          (iii) $81,000,000 for fiscal year 2024;
                          (iv) $81,500,000 for fiscal year 2025; and
                          (v) $82,000,000 for fiscal year 2026.
                    (F) Bureau of transportation statistics.--To carry 
                out chapter 63 of title 49, United States Code--
                          (i) $26,000,000 for fiscal year 2022;
                          (ii) $26,250,000 for fiscal year 2023;
                          (iii) $26,500,000 for fiscal year 2024;
                          (iv) $26,750,000 for fiscal year 2025; and
                          (v) $27,000,000 for fiscal year 2026.
            (2) Administration.--The Federal Highway Administration 
        shall--
                    (A) administer the programs described in 
                subparagraphs (A), (B), and (C) of paragraph (1); and
                    (B) <<NOTE: Consultation.>>  in consultation with 
                relevant modal administrations, administer the programs 
                described in paragraph (1)(D).
            (3) Applicability of title 23, united states code.--Amounts 
        authorized to be appropriated by paragraph (1) shall--

[[Page 135 STAT. 448]]

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

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

    (e) <<NOTE: 23 USC 101 note.>>  Disadvantaged Business 
Enterprises.--
            (1) Findings.--Congress finds that--
                    (A) while significant progress has occurred due to 
                the establishment of the disadvantaged business 
                enterprise program, discrimination and related barriers 
                continue to pose significant obstacles for minority- and 
                women-owned businesses seeking to do business in 
                Federally assisted surface transportation markets across 
                the United States;
                    (B) the continuing barriers described in 
                subparagraph (A) merit the continuation of the 
                disadvantaged business enterprise program;

[[Page 135 STAT. 449]]

                    (C) Congress has received and reviewed testimony and 
                documentation of race and gender discrimination from 
                numerous sources, including congressional hearings and 
                roundtables, scientific reports, reports issued by 
                public and private agencies, news stories, reports of 
                discrimination by organizations and individuals, and 
                discrimination lawsuits, which show that race- and 
                gender-neutral efforts alone are insufficient to address 
                the problem;
                    (D) the testimony and documentation described in 
                subparagraph (C) demonstrate that discrimination across 
                the United States poses a barrier to full and fair 
                participation in surface transportation-related 
                businesses of women business owners and minority 
                business owners and has impacted firm development and 
                many aspects of surface transportation-related business 
                in the public and private markets; and
                    (E) the testimony and documentation described in 
                subparagraph (C) provide a strong basis that there is a 
                compelling need for the continuation of the 
                disadvantaged business enterprise program to address 
                race and gender discrimination in surface 
                transportation-related business.
            (2) Definitions.--In this subsection:
                    (A) Small business concern.--
                          (i) In general.--The term ``small business 
                      concern'' means a small business concern (as the 
                      term is used in section 3 of the Small Business 
                      Act (15 U.S.C. 632)).
                          (ii) Exclusions.--The term ``small business 
                      concern'' does not include any concern or group of 
                      concerns controlled by the same socially and 
                      economically disadvantaged individual or 
                      individuals that have average annual gross 
                      receipts during the preceding 3 fiscal years in 
                      excess of $26,290,000, as adjusted annually by the 
                      Secretary for inflation.
                    (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' has the meaning given the 
                term in section 8(d) of the Small Business Act (15 
                U.S.C. 637(d)) and relevant subcontracting regulations 
                issued pursuant to that Act, except that women shall be 
                presumed to be socially and economically disadvantaged 
                individuals for purposes of this subsection.
             <<NOTE: Determination.>> (3) Amounts for small business 
        concerns.--Except to the extent that the Secretary determines 
        otherwise, not less than 10 percent of the amounts made 
        available for any program under this division (other than 
        section 14004), division C, and section 403 of title 23, United 
        States Code, shall be expended through small business concerns 
        owned and controlled by socially and economically disadvantaged 
        individuals.
            (4) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                    (A) <<NOTE: Surveys.>>  survey and compile a list of 
                the small business concerns referred to in paragraph (3) 
                in the State, including the location of the small 
                business concerns in the State; and
                    (B) <<NOTE: Notification.>>  notify the Secretary, 
                in writing, of the percentage of the small business 
                concerns that are controlled by--

[[Page 135 STAT. 450]]

                          (i) women;
                          (ii) socially and economically disadvantaged 
                      individuals (other than women); and
                          (iii) individuals who are women and are 
                      otherwise socially and economically disadvantaged 
                      individuals.
            (5) Uniform certification.--
                    (A) <<NOTE: Criteria.>>  In general.--The Secretary 
                shall establish minimum uniform criteria for use by 
                State governments in certifying whether a concern 
                qualifies as a small business concern for the purpose of 
                this subsection.
                    (B) Inclusions.--The minimum uniform criteria 
                established under subparagraph (A) shall include, with 
                respect to a potential small business concern--
                          (i) on-site visits;
                          (ii) personal interviews with personnel;
                          (iii) issuance or inspection of licenses;
                          (iv) <<NOTE: Analyses.>>  analyses of stock 
                      ownership;
                          (v) <<NOTE: Lists.>>  listings of equipment;
                          (vi) <<NOTE: Analyses.>>  analyses of bonding 
                      capacity;
                          (vii) <<NOTE: Lists.>>  listings of work 
                      completed;
                          (viii) <<NOTE: Examination.>>  examination of 
                      the resumes of principal owners;
                          (ix) <<NOTE: Analyses.>>  analyses of 
                      financial capacity; and
                          (x) <<NOTE: Analyses.>>  analyses of the type 
                      of work preferred.
            (6) <<NOTE: Requirements.>>  Reporting.--The Secretary shall 
        establish minimum requirements for use by State governments in 
        reporting to the Secretary--
                    (A) information concerning disadvantaged business 
                enterprise awards, commitments, and achievements; and
                    (B) <<NOTE: Determination.>>  such other information 
                as the Secretary determines to be appropriate for the 
                proper monitoring of the disadvantaged business 
                enterprise program.
            (7) Compliance with court orders.--Nothing in this 
        subsection limits the eligibility of an individual or entity to 
        receive funds made available under this division, division C, 
        and section 403 of title 23, United States Code, if the entity 
        or person is prevented, in whole or in part, from complying with 
        paragraph (3) because a Federal court issues a final order in 
        which the court finds that a requirement or the implementation 
        of paragraph (3) is unconstitutional.
            (8) Sense of congress on prompt payment of dbe 
        subcontractors.--It is the sense of Congress that--
                    (A) the Secretary should take additional steps to 
                ensure that recipients comply with section 26.29 of 
                title 49, Code of Federal Regulations (the disadvantaged 
                business enterprises prompt payment rule), or any 
                corresponding regulation, in awarding Federally funded 
                transportation contracts under laws and regulations 
                administered by the Secretary; and
                    (B) such additional steps should include increasing 
                the ability of the Department to track and keep records 
                of complaints and to make that information publicly 
                available.
SEC. 11102. <<NOTE: 23 USC 104 note.>>  OBLIGATION CEILING.

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

[[Page 135 STAT. 451]]

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

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

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

[[Page 135 STAT. 452]]

                    (B) amounts authorized for the Bureau of 
                Transportation Statistics;
            (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts--
                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                highway and highway safety construction programs for 
                previous fiscal years the funds for which are allocated 
                by the Secretary (or apportioned by the Secretary under 
                section 202 or 204 of title 23, United States Code); and
                    (B) for which obligation authority was provided in a 
                previous fiscal year;
            (3) <<NOTE: Determination.>>  shall determine the proportion 
        that--
                    (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2) of this 
                subsection; bears to
                    (B) the total of the sums authorized to be 
                appropriated for the Federal-aid highway and highway 
                safety construction programs (other than sums authorized 
                to be appropriated for provisions of law described in 
                paragraphs (1) through (13) of subsection (b) and sums 
                authorized to be appropriated for section 119 of title 
                23, United States Code, equal to the amount referred to 
                in subsection (b)(14) for the fiscal year), less the 
                aggregate of the amounts not distributed under 
                paragraphs (1) and (2) of this subsection;
            (4) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed under 
        paragraphs (1) and (2), for each of the programs (other than 
        programs to which paragraph (1) applies) that are allocated by 
        the Secretary under this division and title 23, United States 
        Code, or apportioned by the Secretary under section 202 or 204 
        of that title, by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
            (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed under 
        paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the national highway performance program in 
        section 119 of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(14) and the amounts 
        apportioned under sections 202 and 204 of that title) in the 
        proportion that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned under 
                title 23, United States Code, to all States for the 
                fiscal year.

[[Page 135 STAT. 453]]

    (d) <<NOTE: Effective dates.>>  Redistribution of Unused Obligation 
Authority.--Notwithstanding subsection (c), the Secretary shall, after 
August 1 of each of fiscal years 2022 through 2026--
            (1) <<NOTE: Revision.>>  revise a distribution of the 
        obligation authority made available under subsection (c) if an 
        amount distributed cannot be obligated during that fiscal year; 
        and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under sections 
        144 (as in effect on the day before the date of enactment of 
        MAP-21 (Public Law 112-141; 126 Stat. 405)) and 104 of title 23, 
        United States Code.

    (e) Applicability of Obligation Limitations to Transportation 
Research Programs.--
            (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for transportation research programs carried 
        out under chapter 5 of title 23, United States Code.
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 fiscal years; 
                and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.

    (f) Redistribution of Certain Authorized Funds.--
            (1) <<NOTE: Deadlines.>>  In general.--Not later than 30 
        days after the date of distribution of obligation authority 
        under subsection (c) for each of fiscal years 2022 through 2026, 
        the Secretary shall distribute to the States any funds 
        (excluding funds authorized for the program under section 202 of 
        title 23, United States Code) that--
                    (A) are authorized to be appropriated for the fiscal 
                year for Federal-aid highway programs; and
                    (B) <<NOTE: Determination.>>  the Secretary 
                determines will not be allocated to the States (or will 
                not be apportioned to the States under section 204 of 
                title 23, United States Code), and will not be available 
                for obligation, for the fiscal year because of the 
                imposition of any obligation limitation for the fiscal 
                year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (c)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.
SEC. 11103. DEFINITIONS.

    Section 101(a) of title 23, United States Code, is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by inserting ``assessing 
                resilience,'' after ``surveying,'';
                    (B) in subparagraph (G), by striking ``and'' at the 
                end;
                    (C) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (D) by inserting after subparagraph (G) the 
                following:

[[Page 135 STAT. 454]]

                    ``(H) improvements that reduce the number of 
                wildlife-vehicle collisions, such as wildlife crossing 
                structures; and'';
            (2) by redesignating paragraphs (17) through (34) as 
        paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), 
        (28), (29), (30), (31), (32), (33), (34), (35), and (36), 
        respectively;
            (3) by inserting after paragraph (16) the following:
            ``(17) Natural infrastructure.--The term `natural 
        infrastructure' means infrastructure that uses, restores, or 
        emulates natural ecological processes and--
                    ``(A) is created through the action of natural 
                physical, geological, biological, and chemical processes 
                over time;
                    ``(B) is created by human design, engineering, and 
                construction to emulate or act in concert with natural 
                processes; or
                    ``(C) involves the use of plants, soils, and other 
                natural features, including through the creation, 
                restoration, or preservation of vegetated areas using 
                materials appropriate to the region to manage stormwater 
                and runoff, to attenuate flooding and storm surges, and 
                for other related purposes.'';
            (4) by inserting after paragraph (23) (as so redesignated) 
        the following:
            ``(24) Resilience.--The term `resilience', with respect to a 
        project, means a project with the ability to anticipate, prepare 
        for, or adapt to conditions or withstand, respond to, or recover 
        rapidly from disruptions, including the ability--
                    ``(A)(i) to resist hazards or withstand impacts from 
                weather events and natural disasters; or
                    ``(ii) to reduce the magnitude or duration of 
                impacts of a disruptive weather event or natural 
                disaster on a project; and
                    ``(B) to have the absorptive capacity, adaptive 
                capacity, and recoverability to decrease project 
                vulnerability to weather events or other natural 
                disasters.''; and
            (5) in subparagraph (A) of paragraph (32) (as so 
        redesignated)--
                    (A) by striking the period at the end and inserting 
                ``; and'';
                    (B) by striking ``through the implementation'' and 
                inserting the following: ``through--
                          ``(i) the implementation''; and
                    (C) by adding at the end the following:
                          ``(ii) the consideration of incorporating 
                      natural infrastructure.''.
SEC. 11104. APPORTIONMENT.

    (a) Administrative Expenses.--Section 104(a)(1) of title 23, United 
States Code, is amended by striking subparagraphs (A) through (E) and 
inserting the following:
                    ``(A) $490,964,697 for fiscal year 2022;
                    ``(B) $500,783,991 for fiscal year 2023;
                    ``(C) $510,799,671 for fiscal year 2024;
                    ``(D) $521,015,664 for fiscal year 2025; and
                    ``(E) $531,435,977 for fiscal year 2026.''.

    (b) Division Among Programs of State Share.--Section 104(b) of title 
23, United States Code, is amended in subsection (b)--

[[Page 135 STAT. 455]]

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

[[Page 135 STAT. 456]]

                          ``(v) $474,236,409 for fiscal year 2026.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the total 
                amount to carry out section 134 under subparagraph (B) 
                so that each State receives an amount equal to the 
                proportion that--
                          ``(i) the amount apportioned to the State to 
                      carry out section 134 for fiscal year 2020; bears 
                      to
                          ``(ii) the total amount of funds apportioned 
                      to all States to carry out section 134 for fiscal 
                      year 2020.
            ``(7) Carbon reduction program.--For the carbon reduction 
        program under section 175, 2.56266964565637 percent of the 
        amount remaining after distributing amounts under paragraphs 
        (4), (5), and (6).
            ``(8) PROTECT formula program.--To carry out subsection (c) 
        of the PROTECT program under section 176, 2.91393900690991 
        percent of the amount remaining after distributing amounts under 
        paragraphs (4), (5), and (6).''.

    (c) Calculation of Amounts.--Section 104(c) of title 23, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``each of fiscal years 2016 through 2020'' and 
                inserting ``fiscal year 2022 and each fiscal year 
                thereafter'';
                    (B) in subparagraph (A)--
                          (i) by striking clause (i) and inserting the 
                      following:
                          ``(i) the base apportionment; by''; and
                          (ii) in clause (ii)(I), by striking ``fiscal 
                      year 2015'' and inserting ``fiscal year 2021''; 
                      and
                    (C) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Guaranteed amounts.--The initial amounts 
                resulting from the calculation under subparagraph (A) 
                shall be adjusted to ensure that each State receives an 
                aggregate apportionment that is--
                          ``(i) equal to at least 95 percent of the 
                      estimated tax payments paid into the Highway Trust 
                      Fund (other than the Mass Transit Account) in the 
                      most recent fiscal year for which data are 
                      available that are--
                                    ``(I) attributable to highway users 
                                in the State; and
                                    ``(II) associated with taxes in 
                                effect on July 1, 2019, and only up to 
                                the rate those taxes were in effect on 
                                that date;
                          ``(ii) at least 2 percent greater than the 
                      apportionment that the State received for fiscal 
                      year 2021; and
                          ``(iii) at least 1 percent greater than the 
                      apportionment that the State received for the 
                      previous fiscal year.''; and
            (2) in paragraph (2)--
                    (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal year 2022 and each fiscal year 
                thereafter''; and
                    (B) by inserting ``the carbon reduction program 
                under section 175, to carry out subsection (c) of the 
                PROTECT program under section 176,'' before ``and to 
                carry out section 134''.

[[Page 135 STAT. 457]]

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

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

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

[[Page 135 STAT. 458]]

                    ``(B) relocating roadways in a base floodplain to 
                higher ground above projected flood elevation levels or 
                away from slide prone areas;
                    ``(C) stabilizing slide areas;
                    ``(D) stabilizing slopes;
                    ``(E) lengthening or raising bridges to increase 
                waterway openings;
                    ``(F) increasing the size or number of drainage 
                structures;
                    ``(G) replacing culverts with bridges or upsizing 
                culverts;
                    ``(H) installing seismic retrofits on bridges;
                    ``(I) adding scour protection at bridges, installing 
                riprap, or adding other scour, stream stability, 
                coastal, or other hydraulic countermeasures, including 
                spur dikes; and
                    ``(J) the use of natural infrastructure to mitigate 
                the risk of recurring damage or the cost of future 
                repair from extreme weather events, flooding, or other 
                natural disasters.
            ``(3) Savings provision.--Nothing in this subsection limits 
        the ability of a State to carry out a project otherwise eligible 
        under subsection (d) using funds apportioned under section 
        104(b)(1).''.
SEC. 11106. EMERGENCY RELIEF.

    Section 125 of title 23, United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``wildfire,'' after 
        ``severe storm,'';
            (2) by striking subsection (b) and inserting the following:

    ``(b) Restriction on Eligibility.--Funds under this section shall 
not be used for the repair or reconstruction of a bridge that has been 
permanently closed to all vehicular traffic by the State or responsible 
local official because of imminent danger of collapse due to a 
structural deficiency or physical deterioration.''; and
            (3) in subsection (d)--
                    (A) in paragraph (2)(A)--
                          (i) by striking the period at the end and 
                      inserting ``; and'';
                          (ii) by striking ``a facility that meets the 
                      current'' and inserting the following: ``a 
                      facility that--
                          ``(i) meets the current''; and
                          (iii) by adding at the end the following:
                          ``(ii) incorporates economically justifiable 
                      improvements that will mitigate the risk of 
                      recurring damage from extreme weather, flooding, 
                      and other natural disasters.'';
                    (B) by redesignating paragraph (3) as paragraph (4); 
                and
                    (C) by inserting after paragraph (2) the following:
            ``(3) Protective features.--
                    ``(A) In general.--The cost of an improvement that 
                is part of a project under this section shall be an 
                eligible expense under this section if the improvement 
                is a protective feature that will mitigate the risk of 
                recurring damage or the cost of future repair from 
                extreme weather, flooding, and other natural disasters.

[[Page 135 STAT. 459]]

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

    Section 120 of title 23, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), in the first sentence, by 
                inserting ``vehicle-to-infrastructure communication 
                equipment,'' after ``breakaway utility poles,'';
                    (B) in subparagraph (3)(B)--
                          (i) in clause (v), by striking ``or'' at the 
                      end;
                          (ii) by redesignating clause (vi) as clause 
                      (vii); and
                          (iii) by inserting after clause (v) the 
                      following:
                          ``(vi) contractual provisions that provide 
                      safety contingency funds to incorporate safety 
                      enhancements to work zones prior to or during 
                      roadway construction activities; or''; and
                    (C) by adding at the end the following:
            ``(4) <<NOTE: Waiver authority.>>  Pooled funding.--
        Notwithstanding any other provision of law, the Secretary may 
        waive the non-Federal share of the cost of a project or activity 
        under section 502(b)(6) that is carried out with amounts 
        apportioned under section 104(b)(2) after considering 
        appropriate factors, including whether--
                    ``(A) decreasing or eliminating the non-Federal 
                share would best serve the interests of the Federal-aid 
                highway program; and
                    ``(B) the project or activity addresses national or 
                regional high priority research, development, and 
                technology transfer problems in a manner that would 
                benefit multiple States or metropolitan planning 
                organizations.'';
            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``180 days'' and 
                inserting ``270 days''; and
                    (B) in paragraph (4), by striking ``permanent''; and
            (3) by adding at the end the following:

    ``(l) Federal Share Flexibility Pilot Program.--

[[Page 135 STAT. 460]]

            ``(1) <<NOTE: Deadline.>>  Establishment.--Not later than 
        180 days after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021, the Secretary shall 
        establish a pilot program (referred to in this subsection as the 
        `pilot program') to give States additional flexibility with 
        respect to the Federal requirements under this section.
            ``(2) Program.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, a State participating in the pilot 
                program (referred to in this subsection as a 
                `participating State') may determine the Federal share 
                on a project, multiple-project, or program basis for 
                projects under any of the following:
                          ``(i) The national highway performance program 
                      under section 119.
                          ``(ii) The surface transportation block grant 
                      program under section 133.
                          ``(iii) The highway safety improvement program 
                      under section 148.
                          ``(iv) The congestion mitigation and air 
                      quality improvement program under section 149.
                          ``(v) The national highway freight program 
                      under section 167.
                          ``(vi) The carbon reduction program under 
                      section 175.
                          ``(vii) Subsection (c) of the PROTECT program 
                      under section 176.
                    ``(B) Requirements.--
                          ``(i) Maximum federal share.--Subject to 
                      clause (iii), the Federal share of the cost of an 
                      individual project carried out under a program 
                      described in subparagraph (A) by a participating 
                      State and to which the participating State is 
                      applying the Federal share requirements under the 
                      pilot program may be up to 100 percent.
                          ``(ii) Minimum federal share.--No individual 
                      project carried out under a program described in 
                      subparagraph (A) by a participating State and to 
                      which the participating State is applying the 
                      Federal share requirements under the pilot program 
                      shall have a Federal share of 0 percent.
                          ``(iii) Determination.--The average annual 
                      Federal share of the total cost of all projects 
                      authorized under a program described in 
                      subparagraph (A) to which a participating State is 
                      applying the Federal share requirements under the 
                      pilot program shall be not more than the average 
                      of the maximum Federal share of those projects if 
                      those projects were not carried out under the 
                      pilot program.
                    ``(C) Selection.--
                          ``(i) Application.--A State seeking to be a 
                      participating State shall--
                                    ``(I) submit to the Secretary an 
                                application in such form, at such time, 
                                and containing such information as the 
                                Secretary may require; and
                                    ``(II) have in place adequate 
                                financial controls to allow the State to 
                                determine the average annual

[[Page 135 STAT. 461]]

                                Federal share requirements under the 
                                pilot program.
                          ``(ii) Requirement.--For each of fiscal years 
                      2022 through 2026, the Secretary shall select not 
                      more than 10 States to be participating States.''.
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.

    (a) In General.--Section 130(e) of title 23, United States Code, is 
amended--
            (1) in the heading, by striking ``Protective Devices'' and 
        inserting ``Railway-Highway Grade Crossings''; and
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and the 
                installation of protective devices at railway-highway 
                crossings'' in the matter preceding clause (i) and all 
                that follows through ``2020.'' in clause (v) and 
                inserting the following: ``, the installation of 
                protective devices at railway-highway crossings, the 
                replacement of functionally obsolete warning devices, 
                and as described in subparagraph (B), not less than 
                $245,000,000 for each of fiscal years 2022 through 
                2026.''; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Reducing trespassing fatalities and 
                injuries.--A State may use funds set aside under 
                subparagraph (A) for projects to reduce pedestrian 
                fatalities and injuries from trespassing at grade 
                crossings.''.

    (b) Federal Share.--Section 130(f)(3) of title 23, United States 
Code, is amended by striking ``90 percent'' and inserting ``100 
percent''.
    (c) Incentive Payments for At-grade Crossing Closures.--Section 
130(i)(3)(B) of title 23, United States Code, is amended by striking 
``$7,500'' and inserting ``$100,000''.
    (d) Expenditure of Funds.--Section 130(k) of title 23, United States 
Code, is amended by striking ``2 percent'' and inserting ``8 percent''.
    (e) <<NOTE: Reports. Analysis.>>  GAO Study.--Not later than 3 years 
after the date of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report that includes an 
analysis of the effectiveness of the railway-highway crossings program 
under section 130 of title 23, United States Code.

    (f) Sense of Congress Relating to Trespasser Deaths Along Railroad 
Rights-of-way.--It is the sense of Congress that the Department should, 
where feasible, coordinate departmental efforts to prevent or reduce 
trespasser deaths along railroad rights-of-way and at or near railway-
highway crossings.
SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.

    (a) In General.--Section 133 of title 23, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (B)--
                                    (I) by adding ``or'' at the end;
                                    (II) by striking ``facilities 
                                eligible'' and inserting the following: 
                                ``facilities--
                          ``(i) that are eligible''; and
                                    (III) by adding at the end the 
                                following:

[[Page 135 STAT. 462]]

                          ``(ii) <<NOTE: Determination.>>  that are 
                      privately or majority-privately owned, but that 
                      the Secretary determines provide a substantial 
                      public transportation benefit or otherwise meet 
                      the foremost needs of the surface transportation 
                      system described in section 101(b)(3)(D);'';
                          (ii) in subparagraph (E), by striking ``and'' 
                      at the end;
                          (iii) in subparagraph (F), by striking the 
                      period at the end and inserting ``; and''; and
                          (iv) by adding at the end the following:
                    ``(G) wildlife crossing structures.'';
                    (B) in paragraph (3), by inserting 
                ``148(a)(4)(B)(xvii),'' after ``119(g),'';
                    (C) by redesignating paragraphs (4) through (15) as 
                paragraphs (5), (6), (7), (8), (9), (10), (11), (12), 
                (13), (20), (21), and (22), respectively;
                    (D) in paragraph (5) (as so redesignated), by 
                striking ``railway-highway grade crossings'' and 
                inserting ``projects eligible under section 130 and 
                installation of safety barriers and nets on bridges'';
                    (E) in paragraph (7) (as so redesignated)--
                          (i) by inserting ``including the maintenance 
                      and restoration of existing recreational trails,'' 
                      after ``section 206''; and
                          (ii) by striking ``the safe routes to school 
                      program under section 1404 of SAFETEA-LU (23 
                      U.S.C. 402 note)'' and inserting ``the safe routes 
                      to school program under section 208'';
                    (F) by inserting after paragraph (13) (as so 
                redesignated) the following:
            ``(14) Projects and strategies designed to reduce the number 
        of wildlife-vehicle collisions, including project-related 
        planning, design, construction, monitoring, and preventative 
        maintenance.
            ``(15) The installation of electric vehicle charging 
        infrastructure and vehicle-to-grid infrastructure.
            ``(16) The installation and deployment of current and 
        emerging intelligent transportation technologies, including the 
        ability of vehicles to communicate with infrastructure, 
        buildings, and other road users.
            ``(17) Planning and construction of projects that facilitate 
        intermodal connections between emerging transportation 
        technologies, such as magnetic levitation and hyperloop.
            ``(18) Protective features, including natural 
        infrastructure, to enhance the resilience of a transportation 
        facility otherwise eligible for assistance under this section.
            ``(19) Measures to protect a transportation facility 
        otherwise eligible for assistance under this section from 
        cybersecurity threats.''; and
                    (G) by adding at the end the following:
            ``(23) Rural barge landing, dock, and waterfront 
        infrastructure projects in accordance with subsection (j).
            ``(24) Projects to enhance travel and tourism.'';
            (2) in subsection (c)--
                    (A) in paragraph (2), by striking ``paragraphs (4) 
                through (11)'' and inserting ``paragraphs (5) through 
                (15) and paragraph (23)'';

[[Page 135 STAT. 463]]

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

[[Page 135 STAT. 464]]

                      described in paragraphs (1)(A) and (10) of 
                      subsection (b) for off-system bridges, projects 
                      and activities described in subsection (b)(1)(A) 
                      for the replacement of low water crossings with 
                      bridges, and projects and activities described in 
                      subsection (b)(10) for low water crossings (as 
                      defined by the Secretary),''; and
                          (ii) by striking ``15 percent'' and inserting 
                      ``20 percent''; and
                    (C) in paragraph (3), in the matter preceding 
                subparagraph (A)--
                          (i) by striking ``bridge or rehabilitation of 
                      a bridge'' and inserting ``bridge, rehabilitation 
                      of a bridge, or replacement of a low water 
                      crossing (as defined by the Secretary) with a 
                      bridge''; and
                          (ii) <<NOTE: Determination.>>  by inserting 
                      ``or, in the case of a replacement of a low water 
                      crossing with a bridge, is determined by the 
                      Secretary on completion to have improved the 
                      safety of the location'' after ``no longer a 
                      deficient bridge'';
            (6) in subsection (g)--
                    (A) in the subsection heading, by striking ``Less 
                Than 5,000'' and inserting ``Less Than 50,000''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Notwithstanding subsection (c), and 
        except as provided in paragraph (2), up to 15 percent of the 
        amounts required to be obligated by a State under clauses (iii) 
        and (iv) of subsection (d)(1)(A) for each fiscal year may be 
        obligated on--
                    ``(A) roads functionally classified as rural minor 
                collectors or local roads; or
                    ``(B) on critical rural freight corridors designated 
                under section 167(e).''; and
            (7) by adding at the end the following:

    ``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure 
Projects.--
            ``(1) In general.--A State may use not more than 5 percent 
        of the funds apportioned to the State under section 104(b)(2) 
        for eligible rural barge landing, dock, and waterfront 
        infrastructure projects described in paragraph (2).
            ``(2) Eligible projects.--An eligible rural barge landing, 
        dock, or waterfront infrastructure project referred to in 
        paragraph (1) is a project for the planning, designing, 
        engineering, or construction of a barge landing, dock, or other 
        waterfront infrastructure in a rural community or a Native 
        village (as defined in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602)) that is off the road system.

    ``(k) Projects in Rural Areas.--
            ``(1) Set aside.--Notwithstanding subsection (c), in 
        addition to the activities described in subsections (b) and (g), 
        of the amounts apportioned to a State for each fiscal year to 
        carry out this section, not more than 15 percent may be--
                    ``(A) used on eligible projects under subsection (b) 
                or maintenance activities on roads functionally 
                classified as rural minor collectors or local roads, ice 
                roads, or seasonal roads; or
                    ``(B) transferred to--

[[Page 135 STAT. 465]]

                          ``(i) the Appalachian Highway System Program 
                      under 14501 of title 40; or
                          ``(ii) the Denali access system program under 
                      section 309 of the Denali Commission Act of 1998 
                      (42 U.S.C. 3121 note; Public Law 105-277).
            ``(2) Savings clause.--Amounts allocated under subsection 
        (d) shall not be used to carry out this subsection, except at 
        the request of the applicable metropolitan planning 
        organization.''.

    (b) Set-aside.--
            (1) In general.--Section 133(h) of title 23, United States 
        Code, is amended--
                    (A) in paragraph (1)--
                          (i) in the heading, by striking ``Reservation 
                      of funds'' and inserting ``In general''; and
                          (ii) in the matter preceding subparagraph (A), 
                      by striking ``for each fiscal year'' and all that 
                      follows through ``and'' at the end of subparagraph 
                      (A)(ii) and inserting the following: ``for fiscal 
                      year 2022 and each fiscal year thereafter--
                    ``(A) the Secretary shall set aside an amount equal 
                to 10 percent to carry out this subsection; and'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Allocation within a state.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), funds set aside for a State under 
                paragraph (1) shall be obligated within that State in 
                the manner described in subsection (d), except that, for 
                purposes of this paragraph (after funds are made 
                available under paragraph (5))--
                          ``(i) for fiscal year 2022 and each fiscal 
                      year thereafter, the percentage referred to in 
                      paragraph (1)(A) of that subsection shall be 
                      deemed to be 59 percent; and
                          ``(ii) paragraph (3) of subsection (d) shall 
                      not apply.
                    ``(B) Local control.--A State may allocate up to 100 
                percent of the funds referred to in subparagraph (A)(i) 
                if--
                          ``(i) <<NOTE: Plan.>>  the State submits to 
                      the Secretary a plan that describes--
                                    ``(I) how funds will be allocated to 
                                counties, metropolitan planning 
                                organizations, regional transportation 
                                planning organizations as described in 
                                section 135(m), or local governments;
                                    ``(II) how the entities described in 
                                subclause (I) will carry out a 
                                competitive process to select projects 
                                for funding and report selected projects 
                                to the State;
                                    ``(III) the legal, financial, and 
                                technical capacity of the entities 
                                described in subclause (I);
                                    ``(IV) how input was gathered from 
                                the entities described in subclause (I) 
                                to ensure those entities will be able to 
                                comply with the requirements of this 
                                subsection; and
                                    ``(V) how the State will comply with 
                                paragraph (8); and

[[Page 135 STAT. 466]]

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

[[Page 135 STAT. 467]]

                          (ii) by adding at the end the following:
                    ``(C) Improving accessibility and efficiency.--
                          ``(i) In general.--A State may use an amount 
                      equal to not more than 5 percent of the funds set 
                      aside for the State under this subsection, after 
                      allocating funds in accordance with paragraph 
                      (2)(A), to improve the ability of applicants to 
                      access funding for projects under this subsection 
                      in an efficient and expeditious manner by 
                      providing--
                                    ``(I) to applicants for projects 
                                under this subsection application 
                                assistance, technical assistance, and 
                                assistance in reducing the period of 
                                time between the selection of the 
                                project and the obligation of funds for 
                                the project; and
                                    ``(II) funding for 1 or more full-
                                time State employee positions to 
                                administer this subsection.
                          ``(ii) Use of funds.--Amounts used under 
                      clause (i) may be expended--
                                    ``(I) directly by the State; or
                                    ``(II) through contracts with State 
                                agencies, private entities, or nonprofit 
                                entities.'';
                    (G) by redesignating paragraph (7) as paragraph (8);
                    (H) by inserting after paragraph (6) the following:
            ``(7) Federal share.--
                    ``(A) Required aggregate non-federal share.--The 
                average annual non-Federal share of the total cost of 
                all projects for which funds are obligated under this 
                subsection in a State for a fiscal year shall be not 
                less than the average non-Federal share of the cost of 
                the projects that would otherwise apply.
                    ``(B) Flexible financing.--Subject to subparagraph 
                (A), notwithstanding section 120--
                          ``(i) funds made available to carry out 
                      section 148 may be credited toward the non-Federal 
                      share of the costs of a project under this 
                      subsection if the project--
                                    ``(I) is an eligible project 
                                described in section 148(e)(1); and
                                    ``(II) is consistent with the State 
                                strategic highway safety plan (as 
                                defined in section 148(a));
                          ``(ii) the non-Federal share for a project 
                      under this subsection may be calculated on a 
                      project, multiple-project, or program basis; and
                          ``(iii) the Federal share of the cost of an 
                      individual project in this section may be up to 
                      100 percent.
                    ``(C) <<NOTE: Applicability. Certification.>>  
                Requirement.--Subparagraph (B) shall only apply to a 
                State if the State has adequate financial controls, as 
                certified by the Secretary, to account for the average 
                annual non-Federal share under this paragraph.''; and
                    (I) in subparagraph (A) of paragraph (8) (as so 
                redesignated)--
                          (i) in the matter preceding clause (i), by 
                      striking ``describes'' and inserting ``includes''; 
                      and
                          (ii) by striking clause (ii) and inserting the 
                      following:
                          ``(ii) a list of each project selected for 
                      funding for each fiscal year, including, for each 
                      project--

[[Page 135 STAT. 468]]

                                    ``(I) the fiscal year during which 
                                the project was selected;
                                    ``(II) the fiscal year in which the 
                                project is anticipated to be funded;
                                    ``(III) the recipient;
                                    ``(IV) the location, including the 
                                congressional district;
                                    ``(V) the type;
                                    ``(VI) the cost; and
                                    ``(VII) a brief description.''.
            (2) State transferability.--Section 126(b)(2) of title 23, 
        United States Code, is amended--
                    (A) by striking the period at the end and inserting 
                ``; and'';
                    (B) by striking ``reserved for a State under section 
                133(h) for a fiscal year may'' and inserting the 
                following: ``set aside for a State under section 133(h) 
                for a fiscal year--
                    ``(A) may''; and
                    (C) by adding at the end the following:
                    ``(B) <<NOTE: Certification.>>  may only be 
                transferred if the Secretary certifies that the State--
                          ``(i) held a competition in compliance with 
                      the guidance issued to carry out section 133(h) 
                      and provided sufficient time for applicants to 
                      apply;
                          ``(ii) offered to each eligible entity, and 
                      provided on request of an eligible entity, 
                      technical assistance; and
                          ``(iii) demonstrates that there were not 
                      sufficiently suitable applications from eligible 
                      entities to use the funds to be transferred.''.
SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.

    (a) In General.--Section 117 of title 23, United States Code, is 
amended--
            (1) in the section heading, by inserting ``multimodal'' 
        before ``freight'';
            (2) in subsection (a)(2)--
                    (A) in subparagraph (A), by inserting ``in and 
                across rural and urban areas'' after ``people'';
                    (B) in subparagraph (C), by inserting ``or freight'' 
                after ``highway'';
                    (C) in subparagraph (E), by inserting ``or freight'' 
                after ``highway''; and
                    (D) in subparagraph (F), by inserting ``, including 
                highways that support movement of energy equipment'' 
                after ``security'';
            (3) in subsection (b), by adding at the end the following:
            ``(3) Grant administration.--The Secretary may--
                    ``(A) <<NOTE: Reviews.>>  retain not more than a 
                total of 2 percent of the funds made available to carry 
                out this section for the National Surface Transportation 
                and Innovative Finance Bureau to review applications for 
                grants under this section; and
                    ``(B) <<NOTE: Transfer authority.>>  transfer 
                portions of the funds retained under subparagraph (A) to 
                the relevant Administrators to fund

[[Page 135 STAT. 469]]

                the award and oversight of grants provided under this 
                section.'';
            (4) in subsection (c)(1)--
                    (A) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (B) by inserting after subparagraph (G) the 
                following:
                    ``(H) A multistate corridor organization.'';
            (5) in subsection (d)--
                    (A) in paragraph (1)(A)--
                          (i) in clause (iii)(II), by striking ``or'' at 
                      the end;
                          (ii) in clause (iv), by striking ``and'' at 
                      the end; and
                          (iii) by adding at the end the following:
                          ``(v) a wildlife crossing project;
                          ``(vi) a surface transportation infrastructure 
                      project that--
                                    ``(I) is located within the 
                                boundaries of or functionally connected 
                                to an international border crossing area 
                                in the United States;
                                    ``(II) improves a transportation 
                                facility owned by a Federal, State, or 
                                local government entity; and
                                    ``(III) increases throughput 
                                efficiency of the border crossing 
                                described in subclause (I), including--
                                            ``(aa) a project to add 
                                        lanes;
                                            ``(bb) a project to add 
                                        technology; and
                                            ``(cc) other surface 
                                        transportation improvements;
                          ``(vii) <<NOTE: Determination.>>  a project 
                      for a marine highway corridor designated by the 
                      Secretary under section 55601(c) of title 46 
                      (including an inland waterway corridor), if the 
                      Secretary determines that the project--
                                    ``(I) is functionally connected to 
                                the National Highway Freight Network; 
                                and
                                    ``(II) is likely to reduce on-road 
                                mobile source emissions; or
                          ``(viii) a highway, bridge, or freight project 
                      carried out on the National Multimodal Freight 
                      Network established under section 70103 of title 
                      49; and''; and
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i)--
                          (i) by striking ``$600,000,000'' and inserting 
                      ``30 percent''; and
                          (ii) by striking ``fiscal years 2016 through 
                      2020, in the aggregate,'' and inserting ``each of 
                      fiscal years 2022 through 2026'';
            (6) in subsection (e)--
                    (A) in paragraph (1), by striking ``10 percent'' and 
                inserting ``not less than 15 percent'';
                    (B) in paragraph (3)--
                          (i) in subparagraph (A), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (B), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:

[[Page 135 STAT. 470]]

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

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

[[Page 135 STAT. 471]]

            (11) by redesignating subsections (k) through (n) as 
        subsections (l), (m), (n), and (p), respectively;
            (12) by inserting after subsection (j) the following:

    ``(k) Efficient Use of Non-Federal Funds.--
            ``(1) <<NOTE: Grants.>>  In general.--Notwithstanding any 
        other provision of law and subject to approval by the Secretary 
        under paragraph (2)(B), in the case of any grant for a project 
        under this section, during the period beginning on the date on 
        which the grant recipient is selected and ending on the date on 
        which the grant agreement is signed--
                    ``(A) the grant recipient may obligate and expend 
                non-Federal funds with respect to the project for which 
                the grant is provided; and
                    ``(B) any non-Federal funds obligated or expended in 
                accordance with subparagraph (A) shall be credited 
                toward the non-Federal cost share for the project for 
                which the grant is provided.
            ``(2) Requirements.--
                    ``(A) Application.--In order to obligate and expend 
                non-Federal funds under paragraph (1), the grant 
                recipient shall submit to the Secretary a request to 
                obligate and expend non-Federal funds under that 
                paragraph, including--
                          ``(i) a description of the activities the 
                      grant recipient intends to fund;
                          ``(ii) a justification for advancing the 
                      activities described in clause (i), including an 
                      assessment of the effects to the project scope, 
                      schedule, and budget if the request is not 
                      approved; and
                          ``(iii) the level of risk of the activities 
                      described in clause (i).
                    ``(B) Approval.--The Secretary shall approve or 
                disapprove each request submitted under subparagraph 
                (A).
                    ``(C) Compliance with applicable requirements.--Any 
                non-Federal funds obligated or expended under paragraph 
                (1) shall comply with all applicable requirements, 
                including any requirements included in the grant 
                agreement.
            ``(3) Effect.--The obligation or expenditure of any non-
        Federal funds in accordance with this subsection shall not--
                    ``(A) affect the signing of a grant agreement or 
                other applicable grant procedures with respect to the 
                applicable grant;
                    ``(B) create an obligation on the part of the 
                Federal Government to repay any non-Federal funds if the 
                grant agreement is not signed; or
                    ``(C) affect the ability of the recipient of the 
                grant to obligate or expend non-Federal funds to meet 
                the non-Federal cost share for the project for which the 
                grant is provided after the period described in 
                paragraph (1).'';
            (13) in subsection (n) (as so redesignated), by striking 
        paragraph (1) and inserting the following:
            ``(1) <<NOTE: Reports.>>  In general.--Not later than 60 
        days before the date on which a grant is provided for a project 
        under this section, the Secretary shall submit to the Committees 
        on Commerce, Science, and Transportation and Environment and 
        Public Works of the Senate and the Committee on Transportation

[[Page 135 STAT. 472]]

        and Infrastructure of the House of Representatives a report 
        describing the proposed grant, including--
                    ``(A) <<NOTE: Evaluation.>>  an evaluation and 
                justification for the applicable project; and
                    ``(B) a description of the amount of the proposed 
                grant award.'';
            (14) by inserting after subsection (n) (as so redesignated) 
        the following:

    ``(o) <<NOTE: Deadlines.>>  Applicant Notification.--
            ``(1) In general.--Not later than 60 days after the date on 
        which a grant recipient for a project under this section is 
        selected, the Secretary shall provide to each eligible applicant 
        not selected for that grant a written notification that the 
        eligible applicant was not selected.
            ``(2) Inclusion.--A written notification under paragraph (1) 
        shall include an offer for a written or telephonic debrief by 
        the Secretary that will provide--
                    ``(A) detail on the evaluation of the application of 
                the eligible applicant; and
                    ``(B) an explanation of and guidance on the reasons 
                the application was not selected for a grant under this 
                section.
            ``(3) Response.--
                    ``(A) In general.--Not later than 30 days after the 
                eligible applicant receives a written notification under 
                paragraph (1), if the eligible applicant opts to receive 
                a debrief described in paragraph (2), the eligible 
                applicant shall notify the Secretary that the eligible 
                applicant is requesting a debrief.
                    ``(B) Debrief.--If the eligible applicant submits a 
                request for a debrief under subparagraph (A), the 
                Secretary shall provide the debrief by not later than 60 
                days after the date on which the Secretary receives the 
                request for a debrief.''; and
            (15) by striking subsection (p) (as so redesignated) and 
        inserting the following:

    ``(p) Reports.--
            ``(1) Annual report.--
                    ``(A) <<NOTE: Criteria.>>  In general.--
                Notwithstanding any other provision of law, not later 
                than 30 days after the date on which the Secretary 
                selects a project for funding under this section, the 
                Secretary shall submit to the Committee on Environment 
                and Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that describes the reasons for 
                selecting the project, based on any criteria established 
                by the Secretary in accordance with this section.
                    ``(B) Inclusions.--The report submitted under 
                subparagraph (A) shall specify each criterion 
                established by the Secretary that the project meets.
                    ``(C) <<NOTE: Web posting.>>  Availability.--The 
                Secretary shall make available on the website of the 
                Department of Transportation the report submitted under 
                subparagraph (A).
                    ``(D) Applicability.--This paragraph applies to all 
                projects described in subparagraph (A) that the 
                Secretary selects on or after October 1, 2021.
            ``(2) Comptroller general.--

[[Page 135 STAT. 473]]

                    ``(A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                establishment, solicitation, selection, and 
                justification process with respect to the funding of 
                projects under this section.
                    ``(B) Report.--Not later than 1 year after the date 
                of enactment of the Surface Transportation 
                Reauthorization Act of 2021 and annually thereafter, the 
                Comptroller General of the United States shall submit to 
                the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                that describes, for each project selected to receive 
                funding under this section--
                          ``(i) the process by which each project was 
                      selected;
                          ``(ii) the factors that went into the 
                      selection of each project; and
                          ``(iii) the justification for the selection of 
                      each project based on any criteria established by 
                      the Secretary in accordance with this section.
            ``(3) <<NOTE: Deadline.>>  Inspector general.--Not later 
        than 1 year after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021 and annually 
        thereafter, the Inspector General of the Department of 
        Transportation shall--
                    ``(A) <<NOTE: Assessment.>>  conduct an assessment 
                of the establishment, solicitation, selection, and 
                justification process with respect to the funding of 
                projects under this section; and
                    ``(B) <<NOTE: Reports.>>  submit to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a final report that describes 
                the findings of the Inspector General of the Department 
                of Transportation with respect to the assessment 
                conducted under subparagraph (A).

    ``(q) <<NOTE: Grants.>>  State Incentives Pilot Program.--
            ``(1) Establishment.--There is established a pilot program 
        to award grants to eligible applicants for projects eligible for 
        grants under this section (referred to in this subsection as the 
        `pilot program').
            ``(2) Priority.--In awarding grants under the pilot program, 
        the Secretary shall give priority to an application that offers 
        a greater non-Federal share of the cost of a project relative to 
        other applications under the pilot program.
            ``(3) Federal share.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Federal share of the cost of a 
                project assisted with a grant under the pilot program 
                may not exceed 50 percent.
                    ``(B) No federal involvement.--
                          ``(i) In general.--For grants awarded under 
                      the pilot program, except as provided in clause 
                      (ii), an eligible applicant may not use Federal 
                      assistance to satisfy the non-Federal share of the 
                      cost under subparagraph (A).
                          ``(ii) Exception.--An eligible applicant may 
                      use funds from a secured loan (as defined in 
                      section 601(a)) to satisfy the non-Federal share 
                      of the cost under subparagraph (A) if the loan is 
                      repayable from non-Federal funds.

[[Page 135 STAT. 474]]

            ``(4) Reservation.--
                    ``(A) In general.--Of the amounts made available to 
                provide grants under this section, the Secretary shall 
                reserve for each fiscal year $150,000,000 to provide 
                grants under the pilot program.
                    ``(B) Unutilized amounts.--In any fiscal year during 
                which applications under this subsection are 
                insufficient to effect an award or allocation of the 
                entire amount reserved under subparagraph (A), the 
                Secretary shall use the unutilized amounts to provide 
                other grants under this section.
            ``(5) <<NOTE: Applicability.>>  Set-asides.--
                    ``(A) Small projects.--
                          ``(i) In general.--Of the amounts reserved 
                      under paragraph (4)(A), the Secretary shall 
                      reserve for each fiscal year not less than 10 
                      percent for projects eligible for a grant under 
                      subsection (e).
                          ``(ii) Requirement.--For a grant awarded from 
                      the amount reserved under clause (i)--
                                    ``(I) the requirements of subsection 
                                (e) shall apply; and
                                    ``(II) the requirements of 
                                subsection (g) shall not apply.
                    ``(B) Rural projects.--
                          ``(i) In general.--Of the amounts reserved 
                      under paragraph (4)(A), the Secretary shall 
                      reserve for each fiscal year not less than 25 
                      percent for projects eligible for a grant under 
                      subsection (i).
                          ``(ii) Requirement.--For a grant awarded from 
                      the amount reserved under clause (i), the 
                      requirements of subsection (i) shall apply.
            ``(6) Report to congress.--Not later than 2 years after the 
        date of enactment of this subsection, the Secretary shall submit 
        to the Committee on Environment and Public Works and the 
        Committee on Commerce, Science, and Transportation of the Senate 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives a report that describes the 
        administration of the pilot program, including--
                    ``(A) the number, types, and locations of eligible 
                applicants that have applied for grants under the pilot 
                program;
                    ``(B) the number, types, and locations of grant 
                recipients under the pilot program;
                    ``(C) <<NOTE: Assessment.>>  an assessment of 
                whether implementation of the pilot program has 
                incentivized eligible applicants to offer a greater non-
                Federal share for grants under the pilot program; and
                    ``(D) <<NOTE: Recommenda- tions.>>  any 
                recommendations for modifications to the pilot program.

    ``(r) Multistate Corridor Organization Defined.--For purposes of 
this section, the term `multistate corridor organization' means an 
organization of a group of States developed through cooperative 
agreements, coalitions, or other arrangements to promote regional 
cooperation, planning, and shared project implementation for programs 
and projects to improve transportation system management and operations 
for a shared transportation corridor.

[[Page 135 STAT. 475]]

    ``(s) Additional Authorization of Appropriations.--In addition to 
amounts made available from the Highway Trust Fund, there are authorized 
to be appropriated to carry out this section, to remain available for a 
period of 3 fiscal years following the fiscal year for which the amounts 
are appropriated--
            ``(1) $1,000,000,000 for fiscal year 2022;
            ``(2) $1,100,000,000 for fiscal year 2023;
            ``(3) $1,200,000,000 for fiscal year 2024;
            ``(4) $1,300,000,000 for fiscal year 2025; and
            ``(5) $1,400,000,000 for fiscal year 2026.''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC 101 prec.>>  is amended by striking 
the item relating to section 117 and inserting the following:

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

    (c) <<NOTE: 23 USC 117 note.>>  Efficient Use of Non-Federal 
Funds.--
            (1) <<NOTE: Grants. Applicability.>>  In general.--
        Notwithstanding any other provision of law, in the case of a 
        grant described in paragraph (2), section 117(k) of title 23, 
        United States Code, shall apply to the grant as if the grant was 
        a grant provided under that section.
            (2) Grant described.--A grant referred to in paragraph (1) 
        is a grant that is--
                    (A) provided under a competitive discretionary grant 
                program administered by the Federal Highway 
                Administration;
                    (B) for a project eligible under title 23, United 
                States Code; and
                    (C) in an amount greater than $5,000,000.
SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) In General.--Section 148 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(B)--
                          (i) in clause (i), by inserting ``that 
                      provides for the safety of all road users, as 
                      appropriate, including a multimodal roundabout'' 
                      after ``improvement'';
                          (ii) in clause (vi), by inserting ``or a grade 
                      separation project'' after ``devices'';
                          (iii) by striking clause (viii) and inserting 
                      the following:
                          ``(viii) Construction or installation of 
                      features, measures, and road designs to calm 
                      traffic and reduce vehicle speeds.'';
                          (iv) by striking clause (xxvi) and inserting 
                      the following:
                          ``(xxvi) Installation or upgrades of traffic 
                      control devices for pedestrians and bicyclists, 
                      including pedestrian hybrid beacons and the 
                      addition of bicycle movement phases to traffic 
                      signals.''; and
                          (v) by striking clauses (xxvii) and (xxviii) 
                      and inserting the following:
                          ``(xxvii) Roadway improvements that provide 
                      separation between pedestrians and motor vehicles 
                      or between bicyclists and motor vehicles, 
                      including medians, pedestrian crossing islands, 
                      protected bike lanes, and protected intersection 
                      features.

[[Page 135 STAT. 476]]

                          ``(xxviii) A pedestrian security feature 
                      designed to slow or stop a motor vehicle.
                          ``(xxix) A physical infrastructure safety 
                      project not described in clauses (i) through 
                      (xxviii).'';
                    (B) by redesignating paragraphs (9) through (12) as 
                paragraphs (10), (12), (13), and (14), respectively;
                    (C) by inserting after paragraph (8) the following:
            ``(9) <<NOTE: Definition.>>  Safe system approach.--The term 
        `safe system approach' means a roadway design--
                    ``(A) that emphasizes minimizing the risk of injury 
                or fatality to road users; and
                    ``(B) that--
                          ``(i) takes into consideration the possibility 
                      and likelihood of human error;
                          ``(ii) accommodates human injury tolerance by 
                      taking into consideration likely accident types, 
                      resulting impact forces, and the ability of the 
                      human body to withstand impact forces; and
                          ``(iii) takes into consideration vulnerable 
                      road users.'';
                    (D) by inserting after paragraph (10) (as so 
                redesignated) the following:
            ``(11) Specified safety project.--
                    ``(A) <<NOTE: Definition.>>  In general.--The term 
                `specified safety project' means a project carried out 
                for the purpose of safety under any other section of 
                this title that is consistent with the State strategic 
                highway safety plan.
                    ``(B) Inclusion.--The term `specified safety 
                project' includes a project that--
                          ``(i) promotes public awareness and informs 
                      the public regarding highway safety matters 
                      (including safety for motorcyclists, bicyclists, 
                      pedestrians, individuals with disabilities, and 
                      other road users);
                          ``(ii) facilitates enforcement of traffic 
                      safety laws;
                          ``(iii) provides infrastructure and 
                      infrastructure-related equipment to support 
                      emergency services;
                          ``(iv) conducts safety-related research to 
                      evaluate experimental safety countermeasures or 
                      equipment; or
                          ``(v) supports safe routes to school 
                      noninfrastructure-related activities described in 
                      section 208(g)(2).'';
                    (E) in paragraph (13) (as so redesignated)--
                          (i) by redesignating subparagraphs (G), (H), 
                      and (I) as subparagraphs (H), (I), and (J), 
                      respectively; and
                          (ii) by inserting after subparagraph (F) the 
                      following;
                    ``(G) includes a vulnerable road user safety 
                assessment;''; and
                    (F) <<NOTE: Definitions.>>  by adding at the end the 
                following:
            ``(15) Vulnerable road user.--The term `vulnerable road 
        user' means a nonmotorist--
                    ``(A) with a fatality analysis reporting system 
                person attribute code that is included in the definition 
                of the term `number of non-motorized fatalities' in 
                section 490.205 of title 23, Code of Federal Regulations 
                (or successor regulations); or

[[Page 135 STAT. 477]]

                    ``(B) described in the term `number of non-motorized 
                serious injuries' in that section.
            ``(16) Vulnerable road user safety assessment.--The term 
        `vulnerable road user safety assessment' means an assessment of 
        the safety performance of the State with respect to vulnerable 
        road users and the plan of the State to improve the safety of 
        vulnerable road users as described in subsection (l).'';
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``subsections 
                (a)(11)'' and inserting ``subsections (a)(13)''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (A)(vi), by inserting 
                      ``and to differentiate the safety data for 
                      vulnerable road users, including bicyclists, 
                      motorcyclists, and pedestrians, from other road 
                      users'' after ``crashes'';
                          (ii) in subparagraph (B)(i), by striking 
                      ``(including motorcyclists), bicyclists, 
                      pedestrians,'' and inserting ``, vulnerable road 
                      users (including motorcyclists, bicyclists, 
                      pedestrians),''; and
                          (iii) in subparagraph (D)--
                                    (I) in clause (iv), by striking 
                                ``and'' at the end;
                                    (II) in clause (v), by striking the 
                                semicolon at the end and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                          ``(vi) improves the ability of the State to 
                      differentiate the fatalities and serious injuries 
                      of vulnerable road users, including bicyclists, 
                      motorcyclists, and pedestrians, from other road 
                      users;'';
            (3) in subsection (d)(2)(B)(i), by striking ``subsection 
        (a)(11)'' and inserting ``subsection (a)(13)'';
            (4) in subsection (e), by adding at the end the following:
            ``(3) Flexible funding for specified safety projects.--
                    ``(A) In general.--To advance the implementation of 
                a State strategic highway safety plan, a State may use 
                not more than 10 percent of the amounts apportioned to 
                the State under section 104(b)(3) for a fiscal year to 
                carry out specified safety projects.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph requires a State to revise any State process, 
                plan, or program in effect on the date of enactment of 
                this paragraph.
                    ``(C) Effect of paragraph.--
                          ``(i) Requirements.--A project carried out 
                      under this paragraph shall be subject to all 
                      requirements under this section that apply to a 
                      highway safety improvement project.
                          ``(ii) Other apportioned programs.--Nothing in 
                      this paragraph prohibits the use of funds made 
                      available under other provisions of this title for 
                      a specified safety project that is a 
                      noninfrastructure project.'';
            (5) in subsection (g), by adding at the end the following:
            ``(3) <<NOTE: Requirement.>>  Vulnerable road user safety.--
        If the total annual fatalities of vulnerable road users in a 
        State represents not less than 15 percent of the total annual 
        crash fatalities in the State, that State shall be required to 
        obligate not less than 15 percent of the amounts apportioned to 
        the State under

[[Page 135 STAT. 478]]

        section 104(b)(3) for the following fiscal year for highway 
        safety improvement projects to address the safety of vulnerable 
        road users.''; and
            (6) by adding at the end the following:

    ``(l) Vulnerable Road User Safety Assessment.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 2 
        years after the date of enactment of this subsection, each State 
        shall complete a vulnerable road user safety assessment.
            ``(2) Contents.--A vulnerable road user safety assessment 
        under paragraph (1) shall include--
                    ``(A) <<NOTE: Analysis. Data.>>  a quantitative 
                analysis of vulnerable road user fatalities and serious 
                injuries that--
                          ``(i) includes data such as location, roadway 
                      functional classification, design speed, speed 
                      limit, and time of day;
                          ``(ii) considers the demographics of the 
                      locations of fatalities and serious injuries, 
                      including race, ethnicity, income, and age; and
                          ``(iii) based on the data, identifies areas as 
                      `high-risk' to vulnerable road users; and
                    ``(B) <<NOTE: Strategies.>>  a program of projects 
                or strategies to reduce safety risks to vulnerable road 
                users in areas identified as high-risk under 
                subparagraph (A)(iii).
            ``(3) Use of data.--In carrying out a vulnerable road user 
        safety assessment under paragraph (1), a State shall use data 
        from the most recent 5-year period for which data is available.
            ``(4) Requirements.--In carrying out a vulnerable road user 
        safety assessment under paragraph (1), a State shall--
                    ``(A) take into consideration a safe system 
                approach; and
                    ``(B) <<NOTE: Consultation.>>  consult with local 
                governments, metropolitan planning organizations, and 
                regional transportation planning organizations that 
                represent a high-risk area identified under paragraph 
                (2)(A)(iii).
            ``(5) Update.--A State shall update the vulnerable road user 
        safety assessment of the State in accordance with the updates 
        required to the State strategic highway safety plan under 
        subsection (d).
            ``(6) Requirement for transportation system access.--The 
        program of projects developed under paragraph (2)(B) may not 
        degrade transportation system access for vulnerable road users.
            ``(7) Guidance.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 1 year after the date of enactment of this 
                subsection, the Secretary shall develop guidance for 
                States to carry out this subsection.
                    ``(B) Consultation.--In developing the guidance 
                under this paragraph, the Secretary shall consult with 
                the States and relevant safety stakeholders.''.

    (b) <<NOTE: Deadlines. Updates. 23 USC 148 note.>>  High-risk Rural 
Roads.--
            (1) Study.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall update the study 
        under section 1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public 
        Law 112-141).
            (2) <<NOTE: Web posting.>>  Publication of report.--Not 
        later than 2 years after the date of enactment of this Act, the 
        Secretary shall publish on the website of the Department of 
        Transportation an update

[[Page 135 STAT. 479]]

        to the report described in section 1112(b)(2) of MAP-21 (23 
        U.S.C. 148 note; Public Law 112-141).
            (3) Best practices manual.--Not later than 180 days after 
        the date on which the report is published under paragraph (2), 
        the Secretary shall update the best practices manual described 
        in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law 
        112-141).
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.

    Section 203(a) of title 23, United States Code, is amended--
            (1) in paragraph (1)(D), by striking ``$10,000,000'' and 
        inserting ``$20,000,000''; and
            (2) by adding at the end the following:
            ``(6) Native plant materials.--In carrying out an activity 
        described in paragraph (1), the entity carrying out the activity 
        shall consider, to the maximum extent practicable--
                    ``(A) the use of locally adapted native plant 
                materials; and
                    ``(B) designs that minimize runoff and heat 
                generation.''.
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.

    (a) Federal Share.--Section 201 of title 23, United States Code, is 
amended--
            (1) in subsection (b)(7)(B), by striking ``determined in 
        accordance with section 120'', and inserting ``be up to 100 
        percent''; and
            (2) in subsection (c)(8)(A), by striking ``5 percent'' and 
        inserting ``20 percent''.

    (b) Federal Lands Access Program.--Section 204(a) of title 23, 
United States Code, is amended--
            (1) in paragraph (1)(A)--
                    (A) in the matter preceding clause (i), by inserting 
                ``context-sensitive solutions,'' after ``restoration,'';
                    (B) in clause (i), by inserting ``, including 
                interpretive panels in or adjacent to those areas'' 
                after ``areas'';
                    (C) in clause (v), by striking ``and'' at the end;
                    (D) by redesignating clause (vi) as clause (ix); and
                    (E) by inserting after clause (v) the following:
                          ``(vi) contextual wayfinding markers;
                          ``(vii) landscaping;
                          ``(viii) cooperative mitigation of visual 
                      blight, including screening or removal; and''; and
            (2) by adding at the end the following:
            ``(6) Native plant materials.--In carrying out an activity 
        described in paragraph (1), the Secretary shall ensure that the 
        entity carrying out the activity considers, to the maximum 
        extent practicable--
                    ``(A) the use of locally adapted native plant 
                materials; and
                    ``(B) designs that minimize runoff and heat 
                generation.''.
SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.

    Section 167 of title 23, United States Code, is amended--
            (1) in subsection (e)--
                    (A) in paragraph (2), by striking ``150 miles'' and 
                inserting ``300 miles''; and

[[Page 135 STAT. 480]]

                    (B) by adding at the end the following:
            ``(3) Rural states.--Notwithstanding paragraph (2), a State 
        with a population per square mile of area that is less than the 
        national average, based on the 2010 census, may designate as 
        critical rural freight corridors a maximum of 600 miles of 
        highway or 25 percent of the primary highway freight system 
        mileage in the State, whichever is greater.'';
            (2) in subsection (f)(4), by striking ``75 miles'' and 
        inserting ``150 miles''; and
            (3) in subsection (i)(5)(B)--
                    (A) in the matter preceding clause (i), by striking 
                ``10 percent'' and inserting ``30 percent'';
                    (B) in clause (i), by striking ``and'' at the end;
                    (C) in clause (ii), by striking the period at the 
                end and inserting a semicolon; and
                    (D) <<NOTE: Determinations.>>  by adding at the end 
                the following:
                          ``(iii) for the modernization or 
                      rehabilitation of a lock and dam, if the Secretary 
                      determines that the project--
                                    ``(I) is functionally connected to 
                                the National Highway Freight Network; 
                                and
                                    ``(II) is likely to reduce on-road 
                                mobile source emissions; and
                          ``(iv) on a marine highway corridor, 
                      connector, or crossing designated by the Secretary 
                      under section 55601(c) of title 46 (including an 
                      inland waterway corridor, connector, or crossing), 
                      if the Secretary determines that the project--
                                    ``(I) is functionally connected to 
                                the National Highway Freight Network; 
                                and
                                    ``(II) is likely to reduce on-road 
                                mobile source emissions.''.
SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
                            PROGRAM.

    Section 149 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``subsection (d)'' and inserting ``subsections 
                (d) and (m)(1)(B)(ii)''
                    (B) in paragraph (7), by inserting ``shared 
                micromobility (including bikesharing and shared scooter 
                systems),'' after ``carsharing,'';
                    (C) in paragraph (8)--
                          (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``replacements or'' 
                                before ``retrofits'';
                                    (II) by striking clause (i) and 
                                inserting the following:
                          ``(i) verified technologies (as defined in 
                      section 791 of the Energy Policy Act of 2005 (42 
                      U.S.C. 16131)) for motor vehicles (as defined in 
                      section 216 of the Clean Air Act (42 U.S.C. 
                      7550)); or''; and
                                    (III) in clause (ii)(II), by 
                                striking ``or'' at the end; and
                          (ii) in subparagraph (B), by inserting 
                      ``replacements or'' before ``retrofits''; and

[[Page 135 STAT. 481]]

                          (iii) by adding at the end the following:
                    ``(C) the purchase of medium- or heavy-duty zero 
                emission vehicles and related charging equipment;'';
                    (D) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (E) <<NOTE: Determinations.>>  by adding at the end 
                the following:
            ``(10) if the project is for the modernization or 
        rehabilitation of a lock and dam that--
                    ``(A) is functionally connected to the Federal-aid 
                highway system; and
                    ``(B) the Secretary determines is likely to 
                contribute to the attainment or maintenance of a 
                national ambient air quality standard; or
            ``(11) if the project is on a marine highway corridor, 
        connector, or crossing designated by the Secretary under section 
        55601(c) of title 46 (including an inland waterway corridor, 
        connector, or crossing) that--
                    ``(A) is functionally connected to the Federal-aid 
                highway system; and
                    ``(B) the Secretary determines is likely to 
                contribute to the attainment or maintenance of a 
                national ambient air quality standard.'';
            (2) in subsection (c), by adding at the end the following:
            ``(4) Locks and dams; marine highways.--For each fiscal 
        year, a State may not obligate more than 10 percent of the funds 
        apportioned to the State under section 104(b)(4) for projects 
        described in paragraphs (10) and (11) of subsection (b).'';
            (3) in subsection (f)(4)(A), by inserting ``and nonroad 
        vehicles and nonroad engines used in construction projects or 
        port-related freight operations'' after ``motor vehicles'';
            (4) in subsection (g)--
                    (A) in paragraph (1)(B)--
                          (i) in the subparagraph heading, by inserting 
                      ``replacement or'' before ``retrofit'';
                          (ii) by striking ``The term `diesel retrofit' 
                      '' and inserting ``The term `diesel replacement or 
                      retrofit' ''; and
                          (iii) by inserting ``or retrofit'' after 
                      ``replacement'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``replacement or'' before 
                ``retrofit''; and
                    (C) in paragraph (3), by inserting ``replacements 
                or'' before ``retrofits'';
            (5) in subsection (k)(1), by striking ``that reduce such 
        fine particulate matter emissions in such area, including diesel 
        retrofits.'' and inserting ``that--
                    ``(A) reduce such fine particulate matter emissions 
                in such area, including diesel replacements or 
                retrofits; and
                    ``(B) to the extent practicable, prioritize benefits 
                to disadvantaged communities or low-income populations 
                living in, or immediately adjacent to, such area.'';
            (6) in subsection (l), by adding at the following:
            ``(3) Assistance to metropolitan planning organizations.--

[[Page 135 STAT. 482]]

                    ``(A) In general.--On the request of a metropolitan 
                planning organization, the Secretary may assist the 
                metropolitan planning organization tracking progress 
                made in minority or low-income populations as part of a 
                performance plan under this subsection.
                    ``(B) Savings provision.--Nothing in this paragraph 
                provides the Secretary the authority--
                          ``(i) to change the performance measures under 
                      section 150(c)(5) or the performance targets 
                      established under section 134(h)(2) or 150(d); or
                          ``(ii) to establish any other Federal 
                      requirement.''; and
            (7) by striking subsection (m) and inserting the following:

    ``(m) Operating Assistance.--
            ``(1) In general.--A State may obligate funds apportioned 
        under section 104(b)(4) in an area of the State that is 
        otherwise eligible for obligations of such funds for operating 
        costs--
                    ``(A) under chapter 53 of title 49; or
                    ``(B) on--
                          ``(i) a system for which CMAQ funding was 
                      eligible, made available, obligated, or expended 
                      in fiscal year 2012; or
                          ``(ii) a State-supported Amtrak route with a 
                      valid cost-sharing agreement under section 209 of 
                      the Passenger Rail Investment and Improvement Act 
                      of 2008 (49 U.S.C. 24101 note; Public Law 110-432) 
                      and no current nonattainment areas under 
                      subsection (d).
            ``(2) No time limitation.--Operating assistance provided 
        under paragraph (1) shall have no imposed time limitation if the 
        operating assistance is for--
                    ``(A) a route described in subparagraph (B) of that 
                paragraph; or
                    ``(B) a transit system that is located in--
                          ``(i) a non-urbanized area; or
                          ``(ii) an urbanized area with a population of 
                      200,000 or fewer.''.
SEC. 11116. ALASKA HIGHWAY.

    Section 218 of title 23, United States Code, is amended to read as 
follows:
``Sec. 218. <<NOTE: Canada.>>  Alaska Highway

    ``(a) Recognizing the benefits that will accrue to the State of 
Alaska and to the United States from the reconstruction of the Alaska 
Highway from the Alaskan border at Beaver Creek, Yukon Territory, to 
Haines Junction in Canada and the Haines Cutoff Highway from Haines 
Junction in Canada to Haines, Alaska, the Secretary may provide for the 
necessary reconstruction of the highway using funds awarded through an 
applicable competitive grant program, if the highway meets all 
applicable eligibility requirements for the program, except for the 
specific requirements established by the agreement for the Alaska 
Highway Project between the Government of the United States and the 
Government of Canada. In addition to the funds described in the previous 
sentence, notwithstanding any other provision of law and on agreement 
with the State of Alaska, the Secretary is authorized to expend on such 
highway or the Alaska Marine Highway System

[[Page 135 STAT. 483]]

any Federal-aid highway funds apportioned to the State of Alaska under 
this title at a Federal share of 100 per centum. No expenditures shall 
be made for the construction of the portion of such highways that are in 
Canada unless an agreement is in place between the Government of Canada 
and the Government of the United States (including an agreement in 
existence on the date of enactment of the Surface Transportation 
Reauthorization Act of 2021) that provides, in part, that the Canadian 
Government--
            ``(1) will provide, without participation of funds 
        authorized under this title, all necessary right-of-way for the 
        reconstruction of such highways;
            ``(2) will not impose any highway toll, or permit any such 
        toll to be charged for the use of such highways by vehicles or 
        persons;
            ``(3) will not levy or assess, directly or indirectly, any 
        fee, tax, or other charge for the use of such highways by 
        vehicles or persons from the United States that does not apply 
        equally to vehicles or persons of Canada;
            ``(4) will continue to grant reciprocal recognition of 
        vehicle registration and driver's licenses in accordance with 
        agreements between the United States and Canada; and
            ``(5) will maintain such highways after their completion in 
        proper condition adequately to serve the needs of present and 
        future traffic.

    ``(b) The survey and construction work undertaken in Canada pursuant 
to this section shall be under the general supervision of the Secretary.
    ``(c) <<NOTE: Definition.>>  For purposes of this section, the term 
`Alaska Marine Highway System' includes all existing or planned 
transportation facilities and equipment in Alaska, including the lease, 
purchase, or construction of vessels, terminals, docks, floats, ramps, 
staging areas, parking lots, bridges and approaches thereto, and 
necessary roads.

    ``(d) Notwithstanding any other provision of law, a project assisted 
under this section in the State of Alaska shall be treated as a project 
on a Federal-aid highway under chapter 1.''.
SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.

    (a) In General.--Section 129(c) of title 23, United States Code, is 
amended in the matter preceding paragraph (1) by striking ``the 
construction of ferry boats and ferry terminal facilities, whether toll 
or free,'' and inserting ``the construction of ferry boats and ferry 
terminal facilities (including ferry maintenance facilities), whether 
toll or free, and the procurement of transit vehicles used exclusively 
as an integral part of an intermodal ferry trip,''.
    (b) <<NOTE: 23 USC 147 note.>>  Diesel Fuel Ferry Vessels.--
            (1) <<NOTE: Determination.>>  In general.--Notwithstanding 
        section 147(b), in the case of a project to replace or retrofit 
        a diesel fuel ferry vessel that provides substantial emissions 
        reductions, the Federal share of the cost of the project may be 
        up to 85 percent, as determined by the State.
            (2) Sunset.--The authority provided by paragraph (1) shall 
        terminate on September 30, 2025.
SEC. 11118. BRIDGE INVESTMENT PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 123 the following:

[[Page 135 STAT. 484]]

``Sec. 124. <<NOTE: Grants. 23 USC 124.>>  Bridge investment 
                program

    ``(a) Definitions.--In this section:
            ``(1) Eligible project.--
                    ``(A) In general.--The term `eligible project' means 
                a project to replace, rehabilitate, preserve, or protect 
                1 or more bridges on the National Bridge Inventory under 
                section 144(b).
                    ``(B) Inclusions.--The term `eligible project' 
                includes--
                          ``(i) a bundle of projects described in 
                      subparagraph (A), regardless of whether the bundle 
                      of projects meets the requirements of section 
                      144(j)(5); and
                          ``(ii) a project to replace or rehabilitate 
                      culverts for the purpose of improving flood 
                      control and improved habitat connectivity for 
                      aquatic species.
            ``(2) Large project.--The term `large project' means an 
        eligible project with total eligible project costs of greater 
        than $100,000,000.
            ``(3) Program.--The term `program' means the bridge 
        investment program established by subsection (b)(1).

    ``(b) Establishment of Bridge Investment Program.--
            ``(1) In general.--There is established a bridge investment 
        program to provide financial assistance for eligible projects 
        under this section.
            ``(2) Goals.--The goals of the program shall be--
                    ``(A) to improve the safety, efficiency, and 
                reliability of the movement of people and freight over 
                bridges;
                    ``(B) to improve the condition of bridges in the 
                United States by reducing--
                          ``(i) the number of bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at risk 
                                of falling into poor condition within 
                                the next 3 years;
                          ``(ii) the total person miles traveled over 
                      bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at risk 
                                of falling into poor condition within 
                                the next 3 years;
                          ``(iii) the number of bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                          ``(iv) the total person miles traveled over 
                      bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                    ``(C) to provide financial assistance that leverages 
                and encourages non-Federal contributions from sponsors 
                and stakeholders involved in the planning, design, and 
                construction of eligible projects.

    ``(c) Grant Authority.--
            ``(1) In general.--In carrying out the program, the 
        Secretary may award grants, on a competitive basis, in 
        accordance with this section.

[[Page 135 STAT. 485]]

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

[[Page 135 STAT. 486]]

                          ``(iv) the number and percentage of bridges 
                      within the same State as the eligible project that 
                      are in poor condition;
                          ``(v) the extent to which the eligible project 
                      demonstrates cost savings by bundling multiple 
                      bridge projects;
                          ``(vi) in the case of an eligible project of a 
                      Federal land management agency, the extent to 
                      which the grant would reduce a Federal liability 
                      or Federal infrastructure maintenance backlog;
                          ``(vii) geographic diversity among grant 
                      recipients, including the need for a balance 
                      between the needs of rural and urban communities; 
                      and
                          ``(viii) the extent to which a bridge that 
                      would be assisted with a grant--
                                    ``(I) is, without that assistance--
                                            ``(aa) at risk of falling 
                                        into or remaining in poor 
                                        condition; or
                                            ``(bb) in fair condition and 
                                        at risk of falling into poor 
                                        condition within the next 3 
                                        years;
                                    ``(II) does not meet current 
                                geometric design standards based on--
                                            ``(aa) the current use of 
                                        the bridge; or
                                            ``(bb) load and traffic 
                                        requirements typical of the 
                                        regional corridor or local 
                                        network in which the bridge is 
                                        located; or
                                    ``(III) does not meet current 
                                seismic design standards.
                    ``(B) Requirement.--The Secretary shall--
                          ``(i) give priority to an application for an 
                      eligible project that is located within a State 
                      for which--
                                    ``(I) 2 or more applications for 
                                eligible projects within the State were 
                                submitted for the current fiscal year 
                                and an average of 2 or more applications 
                                for eligible projects within the State 
                                were submitted in prior fiscal years of 
                                the program; and
                                    ``(II) fewer than 2 grants have been 
                                awarded for eligible projects within the 
                                State under the program;
                          ``(ii) <<NOTE: Determinations.>>  during the 
                      period of fiscal years 2022 through 2026, for each 
                      State described in clause (i), select--
                                    ``(I) not fewer than 1 large project 
                                that the Secretary determines is 
                                justified under the evaluation under 
                                subsection (g)(4); or
                                    ``(II) 2 eligible projects that are 
                                not large projects that the Secretary 
                                determines are justified under the 
                                evaluation under subsection (f)(3); and
                          ``(iii) not be required to award a grant for 
                      an eligible project that the Secretary does not 
                      determine is justified under an evaluation under 
                      subsection (f)(3) or (g)(4).
            ``(6) Culvert limitation.--Not more than 5 percent of the 
        amounts made available for each fiscal year for grants under the 
        program may be used for eligible projects that consist solely of 
        culvert replacement or rehabilitation.

    ``(d) Eligible Entity.--The Secretary may make a grant under the 
program to any of the following:

[[Page 135 STAT. 487]]

            ``(1) A State or a group of States.
            ``(2) A metropolitan planning organization that serves an 
        urbanized area (as designated by the Bureau of the Census) with 
        a population of over 200,000.
            ``(3) A unit of local government or a group of local 
        governments.
            ``(4) A political subdivision of a State or local 
        government.
            ``(5) A special purpose district or public authority with a 
        transportation function.
            ``(6) A Federal land management agency.
            ``(7) A Tribal government or a consortium of Tribal 
        governments.
            ``(8) A multistate or multijurisdictional group of entities 
        described in paragraphs (1) through (7).

    ``(e) Eligible Project Requirements.--The Secretary may make a grant 
under the program only to an eligible entity for an eligible project 
that--
            ``(1) <<NOTE: Recommenda- tions.>>  in the case of a large 
        project, the Secretary recommends for funding in the annual 
        report on funding recommendations under subsection (g)(6), 
        except as provided in subsection (g)(1)(B);
            ``(2) <<NOTE: Deadline.>>  is reasonably expected to begin 
        construction not later than 18 months after the date on which 
        funds are obligated for the project; and
            ``(3) is based on the results of preliminary engineering.

    ``(f) Competitive Process and Evaluation of Eligible Projects Other 
Than Large Projects.--
            ``(1) Competitive process.--
                    ``(A) <<NOTE: Deadlines.>>  In general.--The 
                Secretary shall--
                          ``(i) for the first fiscal year for which 
                      funds are made available for obligation under the 
                      program, not later than 60 days after the date on 
                      which the template under subparagraph (B)(i) is 
                      developed, and in subsequent fiscal years, not 
                      later than 60 days after the date on which amounts 
                      are made available for obligation under the 
                      program, solicit grant applications for eligible 
                      projects other than large projects; and
                          ``(ii) not later than 120 days after the date 
                      on which the solicitation under clause (i) 
                      expires, conduct evaluations under paragraph (3).
                    ``(B) Requirements.--In carrying out subparagraph 
                (A), the Secretary shall--
                          ``(i) develop a template for applicants to use 
                      to summarize project needs and benefits, including 
                      benefits described in paragraph (3)(B)(i); and
                          ``(ii) enable applicants to use data from the 
                      National Bridge Inventory under section 144(b) to 
                      populate templates described in clause (i), as 
                      applicable.
            ``(2) Applications.--An eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(3) Evaluation.--
                    ``(A) In general.--Prior to providing a grant under 
                this subsection, the Secretary shall--

[[Page 135 STAT. 488]]

                          ``(i) conduct an evaluation of each eligible 
                      project for which an application is received under 
                      this subsection; and
                          ``(ii) assign a quality rating to the eligible 
                      project on the basis of the evaluation under 
                      clause (i).
                    ``(B) Requirements.--In carrying out an evaluation 
                under subparagraph (A), the Secretary shall--
                          ``(i) <<NOTE: Determination.>>  consider 
                      information on project benefits submitted by the 
                      applicant using the template developed under 
                      paragraph (1)(B)(i), including whether the project 
                      will generate, as determined by the Secretary--
                                    ``(I) costs avoided by the 
                                prevention of closure or reduced use of 
                                the bridge to be improved by the 
                                project;
                                    ``(II) in the case of a bundle of 
                                projects, benefits from executing the 
                                projects as a bundle compared to as 
                                individual projects;
                                    ``(III) safety benefits, including 
                                the reduction of accidents and related 
                                costs;
                                    ``(IV) person and freight mobility 
                                benefits, including congestion reduction 
                                and reliability improvements;
                                    ``(V) national or regional economic 
                                benefits;
                                    ``(VI) benefits from long-term 
                                resiliency to extreme weather events, 
                                flooding, or other natural disasters;
                                    ``(VII) benefits from protection (as 
                                described in section 133(b)(10)), 
                                including improving seismic or scour 
                                protection;
                                    ``(VIII) environmental benefits, 
                                including wildlife connectivity;
                                    ``(IX) benefits to nonvehicular and 
                                public transportation users;
                                    ``(X) benefits of using--
                                            ``(aa) innovative design and 
                                        construction techniques; or
                                            ``(bb) innovative 
                                        technologies; or
                                    ``(XI) reductions in maintenance 
                                costs, including, in the case of a 
                                federally-owned bridge, cost savings to 
                                the Federal budget; and
                          ``(ii) consider whether and the extent to 
                      which the benefits, including the benefits 
                      described in clause (i), are more likely than not 
                      to outweigh the total project costs.

    ``(g) Competitive Process, Evaluation, and Annual Report for Large 
Projects.--
            ``(1) In general.--
                    ``(A) Applications.--The Secretary shall establish 
                an annual date by which an eligible entity submitting an 
                application for a large project shall submit to the 
                Secretary such information as the Secretary may require, 
                including information described in paragraph (2), in 
                order for a large project to be considered for a 
                recommendation by the Secretary for funding in the next 
                annual report under paragraph (6).
                    ``(B) First fiscal year.--Notwithstanding 
                subparagraph (A), for the first fiscal year for which 
                funds are

[[Page 135 STAT. 489]]

                made available for obligation for grants under the 
                program, the Secretary may establish a date by which an 
                eligible entity submitting an application for a large 
                project shall submit to the Secretary such information 
                as the Secretary may require, including information 
                described in paragraph (2), in order for a large project 
                to be considered for immediate execution of a grant 
                agreement.
            ``(2) Information required.--The information referred to in 
        paragraph (1) includes--
                    ``(A) all necessary information required for the 
                Secretary to evaluate the large project; and
                    ``(B) <<NOTE: Determination.>>  information 
                sufficient for the Secretary to determine that--
                          ``(i) the large project meets the applicable 
                      requirements under this section; and
                          ``(ii) there is a reasonable likelihood that 
                      the large project will continue to meet the 
                      requirements under this section.
            ``(3) Determination; notice.--On making a determination that 
        information submitted to the Secretary under paragraph (1) is 
        sufficient, the Secretary shall provide a written notice of that 
        determination to--
                    ``(A) the eligible entity that submitted the 
                application;
                    ``(B) the Committee on Environment and Public Works 
                of the Senate; and
                    ``(C) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            ``(4) <<NOTE: Recommenda- tions. Determination.>>  
        Evaluation.--The Secretary may recommend a large project for 
        funding in the annual report under paragraph (6), or, in the 
        case of the first fiscal year for which funds are made available 
        for obligation for grants under the program, immediately execute 
        a grant agreement for a large project, only if the Secretary 
        evaluates the proposed project and determines that the project 
        is justified because the project--
                    ``(A) <<NOTE: Determination.>>  addresses a need to 
                improve the condition of the bridge, as determined by 
                the Secretary, consistent with the goals of the program 
                under subsection (b)(2);
                    ``(B) <<NOTE: Determination.>>  will generate, as 
                determined by the Secretary--
                          ``(i) costs avoided by the prevention of 
                      closure or reduced use of the bridge to be 
                      improved by the project;
                          ``(ii) in the case of a bundle of projects, 
                      benefits from executing the projects as a bundle 
                      compared to as individual projects;
                          ``(iii) safety benefits, including the 
                      reduction of accidents and related costs;
                          ``(iv) person and freight mobility benefits, 
                      including congestion reduction and reliability 
                      improvements;
                          ``(v) national or regional economic benefits;
                          ``(vi) benefits from long-term resiliency to 
                      extreme weather events, flooding, or other natural 
                      disasters;
                          ``(vii) benefits from protection (as described 
                      in section 133(b)(10)), including improving 
                      seismic or scour protection;
                          ``(viii) environmental benefits, including 
                      wildlife connectivity;
                          ``(ix) benefits to nonvehicular and public 
                      transportation users;

[[Page 135 STAT. 490]]

                          ``(x) benefits of using--
                                    ``(I) innovative design and 
                                construction techniques; or
                                    ``(II) innovative technologies; or
                          ``(xi) reductions in maintenance costs, 
                      including, in the case of a federally-owned 
                      bridge, cost savings to the Federal budget;
                    ``(C) <<NOTE: Analysis.>>  is cost effective based 
                on an analysis of whether the benefits and avoided costs 
                described in subparagraph (B) are expected to outweigh 
                the project costs;
                    ``(D) is supported by other Federal or non-Federal 
                financial commitments or revenues adequate to fund 
                ongoing maintenance and preservation; and
                    ``(E) is consistent with the objectives of an 
                applicable asset management plan of the project sponsor, 
                including a State asset management plan under section 
                119(e) in the case of a project on the National Highway 
                System that is sponsored by a State.
            ``(5) Ratings.--
                    ``(A) In general.--The Secretary shall develop a 
                methodology to evaluate and rate a large project on a 5-
                point scale (the points of which include `high', 
                `medium-high', `medium', `medium-low', and `low') for 
                each of--
                          ``(i) paragraph (4)(B);
                          ``(ii) paragraph (4)(C); and
                          ``(iii) paragraph (4)(D).
                    ``(B) Requirement.--To be considered justified and 
                receive a recommendation for funding in the annual 
                report under paragraph (6), a project shall receive a 
                rating of not less than `medium' for each rating 
                required under subparagraph (A).
                    ``(C) Interim methodology.--In the first fiscal year 
                for which funds are made available for obligation for 
                grants under the program, the Secretary may establish an 
                interim methodology to evaluate and rate a large project 
                for each of--
                          ``(i) paragraph (4)(B);
                          ``(ii) paragraph (4)(C); and
                          ``(iii) paragraph (4)(D).
            ``(6) Annual report on funding recommendations for large 
        projects.--
                    ``(A) In general.--Not later than the first Monday 
                in February of each year, the Secretary shall submit to 
                the Committees on Transportation and Infrastructure and 
                Appropriations of the House of Representatives and the 
                Committees on Environment and Public Works and 
                Appropriations of the Senate a report that includes--
                          ``(i) <<NOTE: List.>>  a list of large 
                      projects that have requested a recommendation for 
                      funding under a new grant agreement from funds 
                      anticipated to be available to carry out this 
                      subsection in the next fiscal year;
                          ``(ii) the evaluation under paragraph (4) and 
                      ratings under paragraph (5) for each project 
                      referred to in clause (i);
                          ``(iii) <<NOTE: Payments.>>  the grant amounts 
                      that the Secretary recommends providing to large 
                      projects in the next fiscal year, including--

[[Page 135 STAT. 491]]

                                    ``(I) scheduled payments under 
                                previously signed multiyear grant 
                                agreements under subsection (j);
                                    ``(II) payments for new grant 
                                agreements, including single-year grant 
                                agreements and multiyear grant 
                                agreements; and
                                    ``(III) a description of how amounts 
                                anticipated to be available for the 
                                program from the Highway Trust Fund for 
                                that fiscal year will be distributed; 
                                and
                          ``(iv) <<NOTE: Proposed schedule.>>  for each 
                      project for which the Secretary recommends a new 
                      multiyear grant agreement under subsection (j), 
                      the proposed payout schedule for the project.
                    ``(B) Limitations.--
                          ``(i) <<NOTE: Determination.>>  In general.--
                      The Secretary shall not recommend in an annual 
                      report under this paragraph a new multiyear grant 
                      agreement provided from funds from the Highway 
                      Trust Fund unless the Secretary determines that 
                      the project can be completed using funds that are 
                      anticipated to be available from the Highway Trust 
                      Fund in future fiscal years.
                          ``(ii) General fund projects.--The Secretary--
                                    ``(I) may recommend for funding in 
                                an annual report under this paragraph a 
                                large project using funds from the 
                                general fund of the Treasury; but
                                    ``(II) shall not execute a grant 
                                agreement for that project unless--
                                            ``(aa) funds other than from 
                                        the Highway Trust Fund have been 
                                        made available for the project; 
                                        and
                                            
                                        ``(bb) <<NOTE: Determination.>>  
                                        the Secretary determines that 
                                        the project can be completed 
                                        using funds other than from the 
                                        Highway Trust Fund that are 
                                        anticipated to be available in 
                                        future fiscal years.
                    ``(C) Considerations.--In selecting projects to 
                recommend for funding in the annual report under this 
                paragraph, or, in the case of the first fiscal year for 
                which funds are made available for obligation for grants 
                under the program, projects for immediate execution of a 
                grant agreement, the Secretary shall--
                          ``(i) consider the amount of funds available 
                      in future fiscal years for multiyear grant 
                      agreements as described in subparagraph (B); and
                          ``(ii) assume the availability of funds in 
                      future fiscal years for multiyear grant agreements 
                      that extend beyond the period of authorization 
                      based on the amount made available for large 
                      projects under the program in the last fiscal year 
                      of the period of authorization.
                    ``(D) Project diversity.--In selecting projects to 
                recommend for funding in the annual report under this 
                paragraph, the Secretary shall ensure diversity among 
                projects recommended based on--
                          ``(i) the amount of the grant requested; and
                          ``(ii) grants for an eligible project for 1 
                      bridge compared to an eligible project that is a 
                      bundle of projects.

[[Page 135 STAT. 492]]

    ``(h) Eligible Project Costs.--A grant received for an eligible 
project under the program may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental review, 
        preliminary engineering and design work, and other 
        preconstruction activities;
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental mitigation, 
        construction contingencies, acquisition of equipment, and 
        operational improvements directly related to improving system 
        performance; and
            ``(3) expenses related to the protection (as described in 
        section 133(b)(10)) of a bridge, including seismic or scour 
        protection.

    ``(i) TIFIA Program.--On the request of an eligible entity carrying 
out an eligible project, the Secretary may use amounts awarded to the 
entity to pay subsidy and administrative costs necessary to provide to 
the entity Federal credit assistance under chapter 6 with respect to the 
eligible project for which the grant was awarded.
    ``(j) Multiyear Grant Agreements for Large Projects.--
            ``(1) In general.--A large project that receives a grant 
        under the program in an amount of not less than $100,000,000 may 
        be carried out through a multiyear grant agreement in accordance 
        with this subsection.
            ``(2) Requirements.--A multiyear grant agreement for a large 
        project described in paragraph (1) shall--
                    ``(A) establish the terms of participation by the 
                Federal Government in the project;
                    ``(B) establish the maximum amount of Federal 
                financial assistance for the project in accordance with 
                paragraphs (3) and (4) of subsection (c);
                    ``(C) <<NOTE: Schedule. Deadline.>>  establish a 
                payout schedule for the project that provides for 
                disbursement of the full grant amount by not later than 
                4 fiscal years after the fiscal year in which the 
                initial amount is provided;
                    ``(D) <<NOTE: Determination.>>  determine the period 
                of time for completing the project, even if that period 
                extends beyond the period of an authorization; and
                    ``(E) attempt to improve timely and efficient 
                management of the project, consistent with all 
                applicable Federal laws (including regulations).
            ``(3) Special financial rules.--
                    ``(A) In general.--A multiyear grant agreement under 
                this subsection--
                          ``(i) shall obligate an amount of available 
                      budget authority specified in law; and
                          ``(ii) may include a commitment, contingent on 
                      amounts to be specified in law in advance for 
                      commitments under this paragraph, to obligate an 
                      additional amount from future available budget 
                      authority specified in law.
                    ``(B) Statement of contingent commitment.--The 
                agreement shall state that the contingent commitment is 
                not an obligation of the Federal Government.
                    ``(C) Interest and other financing costs.--

[[Page 135 STAT. 493]]

                          ``(i) In general.--Interest and other 
                      financing costs of carrying out a part of the 
                      project within a reasonable time shall be 
                      considered a cost of carrying out the project 
                      under a multiyear grant agreement, except that 
                      eligible costs may not be more than the cost of 
                      the most favorable financing terms reasonably 
                      available for the project at the time of 
                      borrowing.
                          ``(ii) Certification.--The applicant shall 
                      certify to the Secretary that the applicant has 
                      shown reasonable diligence in seeking the most 
                      favorable financing terms.
            ``(4) Advance payment.--Notwithstanding any other provision 
        of law, an eligible entity carrying out a large project under a 
        multiyear grant agreement--
                    ``(A) may use funds made available to the eligible 
                entity under this title for eligible project costs of 
                the large project until the amount specified in the 
                multiyear grant agreement for the project for that 
                fiscal year becomes available for obligation; and
                    ``(B) <<NOTE: Reimbursement.>>  if the eligible 
                entity uses funds as described in subparagraph (A), the 
                funds used shall be reimbursed from the amount made 
                available under the multiyear grant agreement for the 
                project.

    ``(k) Undertaking Parts of Projects in Advance Under Letters of No 
Prejudice.--
            ``(1) In general.--The Secretary may pay to an applicant all 
        eligible project costs under the program, including costs for an 
        activity for an eligible project incurred prior to the date on 
        which the project receives funding under the program if--
                    ``(A) <<NOTE: Advance approval.>>  before the 
                applicant carries out the activity, the Secretary 
                approves through a letter to the applicant the activity 
                in the same manner as the Secretary approves other 
                activities as eligible under the program;
                    ``(B) <<NOTE: Records.>>  a record of decision, a 
                finding of no significant impact, or a categorical 
                exclusion under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) has been issued for the 
                eligible project; and
                    ``(C) the activity is carried out without Federal 
                assistance and in accordance with all applicable 
                procedures and requirements.
            ``(2) Interest and other financing costs.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the cost of carrying out an activity for an eligible 
                project includes the amount of interest and other 
                financing costs, including any interest earned and 
                payable on bonds, to the extent interest and other 
                financing costs are expended in carrying out the 
                activity for the eligible project, except that interest 
                and other financing costs may not be more than the cost 
                of the most favorable financing terms reasonably 
                available for the eligible project at the time of 
                borrowing.
                    ``(B) Certification.--The applicant shall certify to 
                the Secretary that the applicant has shown reasonable 
                diligence in seeking the most favorable financing terms 
                under subparagraph (A).

[[Page 135 STAT. 494]]

            ``(3) No obligation or influence on recommendations.--An 
        approval by the Secretary under paragraph (1)(A) shall not--
                    ``(A) constitute an obligation of the Federal 
                Government; or
                    ``(B) alter or influence any evaluation under 
                subsection (f)(3)(A)(i) or (g)(4) or any recommendation 
                by the Secretary for funding under the program.

    ``(l) Federally-owned Bridges.--
            ``(1) Divestiture consideration.--In the case of a bridge 
        owned by a Federal land management agency for which that agency 
        applies for a grant under the program, the agency--
                    ``(A) shall consider options to divest the bridge to 
                a State or local entity after completion of the project; 
                and
                    ``(B) may apply jointly with the State or local 
                entity to which the bridge may be divested.
            ``(2) <<NOTE: Applicability.>>  Treatment.--Notwithstanding 
        any other provision of law, section 129 shall apply to a bridge 
        that was previously owned by a Federal land management agency 
        and has been transferred to a non-Federal entity under paragraph 
        (1) in the same manner as if the bridge was never federally 
        owned.

    ``(m) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under this chapter.
    ``(n) <<NOTE: Deadline.>>  Congressional Notification.--Not later 
than 30 days before making a grant for an eligible project under the 
program, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a written notification of the 
proposed grant that includes--
            ``(1) <<NOTE: Evaluation.>>  an evaluation and justification 
        for the eligible project; and
            ``(2) the amount of the proposed grant.

    ``(o) Reports.--
            ``(1) <<NOTE: Web posting.>>  Annual report.--Not later than 
        August 1 of each fiscal year, the Secretary shall make available 
        on the website of the Department of Transportation an annual 
        report that lists each eligible project for which a grant has 
        been provided under the program during the fiscal year.
            ``(2) GAO assessment and report.--Not later than 3 years 
        after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Comptroller General of the 
        United States shall--
                    ``(A) conduct an assessment of the administrative 
                establishment, solicitation, selection, and 
                justification process with respect to the funding of 
                grants under the program; and
                    ``(B) submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the Senate 
                a report that describes--
                          ``(i) the adequacy and fairness of the process 
                      under which each eligible project that received a 
                      grant under the program was selected; and
                          ``(ii) the justification and criteria used for 
                      the selection of each eligible project.

    ``(p) Limitation.--

[[Page 135 STAT. 495]]

            ``(1) Large projects.--Of the amounts made available out of 
        the Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section for each of fiscal years 2022 through 
        2026, not less than 50 percent, in aggregate, shall be used for 
        large projects.
            ``(2) <<NOTE: Determination.>>  Unutilized amounts.--If, in 
        fiscal year 2026, the Secretary determines that grants under the 
        program will not allow for the requirement under paragraph (1) 
        to be met, the Secretary shall use the unutilized amounts to 
        make other grants under the program during that fiscal year.

    ``(q) Tribal Transportation Facility Bridge Set Aside.--
            ``(1) In general.--Of the amounts made available from the 
        Highway Trust Fund (other than the Mass Transit Account) for a 
        fiscal year to carry out this section, the Secretary shall use, 
        to carry out section 202(d)--
                    ``(A) $16,000,000 for fiscal year 2022;
                    ``(B) $18,000,000 for fiscal year 2023;
                    ``(C) $20,000,000 for fiscal year 2024;
                    ``(D) $22,000,000 for fiscal year 2025; and
                    ``(E) $24,000,000 for fiscal year 2026.
            ``(2) Treatment.--For purposes of section 201, funds made 
        available for section 202(d) under paragraph (1) shall be 
        considered to be part of the tribal transportation program.''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC 101 prec.>>  is amended by inserting 
after the item relating to section 123 the following:

``124. Bridge investment program.''.

SEC. 11119. SAFE ROUTES TO SCHOOL.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 207 the following:
``Sec. 208. <<NOTE: 23 USC 208.>>  Safe routes to school

    ``(a) Definitions.--In this section:
            ``(1) In the vicinity of schools.--The term `in the vicinity 
        of schools', with respect to a school, means the approximately 
        2-mile area within bicycling and walking distance of the school.
            ``(2) Primary, middle, and high schools.--The term `primary, 
        middle, and high schools' means schools providing education from 
        kindergarten through 12th grade.

    ``(b) Establishment.--Subject to the requirements of this section, 
the Secretary shall establish and carry out a safe routes to school 
program for the benefit of children in primary, middle, and high 
schools.
    ``(c) Purposes.--The purposes of the program established under 
subsection (b) shall be--
            ``(1) to enable and encourage children, including those with 
        disabilities, to walk and bicycle to school;
            ``(2) to make bicycling and walking to school a safer and 
        more appealing transportation alternative, thereby encouraging a 
        healthy and active lifestyle from an early age; and
            ``(3) to facilitate the planning, development, and 
        implementation of projects and activities that will improve 
        safety and reduce traffic, fuel consumption, and air pollution 
        in the vicinity of schools.

    ``(d) Apportionment of Funds.--

[[Page 135 STAT. 496]]

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

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

[[Page 135 STAT. 497]]

                State under this section for a fiscal year shall be used 
                for noninfrastructure-related activities under this 
                paragraph.
            ``(3) Safe routes to school coordinator.--Each State shall 
        use a sufficient amount of the apportionment of the State for 
        each fiscal year to fund a full-time position of coordinator of 
        the safe routes to school program of the State.

    ``(h) Clearinghouse.--
            ``(1) <<NOTE: Grants.>>  In general.--The Secretary shall 
        make grants to a national nonprofit organization engaged in 
        promoting safe routes to schools--
                    ``(A) to operate a national safe routes to school 
                clearinghouse;
                    ``(B) to develop information and educational 
                programs on safe routes to school; and
                    ``(C) to provide technical assistance and 
                disseminate techniques and strategies used for 
                successful safe routes to school programs.
            ``(2) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative expenses 
        under subsection (d)(3).

    ``(i) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under chapter 1.''.
    (b) Conforming Amendments.--
            (1) The analysis for chapter 2 of title 23, United States 
        Code, <<NOTE: 23 USC 201 prec.>>  is amended by inserting after 
        the item relating to section 207 the following:

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

            (2) <<NOTE: Repeal.>>  Section 1404 of SAFETEA-LU (23 U.S.C. 
        402 note; Public Law 109-59) is repealed.
            (3) The table of contents in section 1(b) of SAFETEA-LU 
        (Public Law 109-59; 119 Stat. 1144) is amended by striking the 
        item relating to section 1404.
SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.

    Section 143(b)(2)(A) of title 23, United States Code, is amended by 
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 
2022 through 2026''.
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
                            FACILITIES.

    Section 147 of title 23, United States Code, is amended by striking 
subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section--
            ``(1) $110,000,000 for fiscal year 2022;
            ``(2) $112,000,000 for fiscal year 2023;
            ``(3) $114,000,000 for fiscal year 2024;
            ``(4) $116,000,000 for fiscal year 2025; and
            ``(5) $118,000,000 for fiscal year 2026.''.
SEC. 11122. <<NOTE: 23 USC 148 note.>>  VULNERABLE ROAD USER 
                            RESEARCH.

    (a) Definitions.--In this subsection:

[[Page 135 STAT. 498]]

            (1) Administrator.--The term ``Administrator'' means the 
        Secretary, acting through the Administrator of the Federal 
        Highway Administration.
            (2) Vulnerable road user.--The term ``vulnerable road user'' 
        has the meaning given the term in section 148(a) of title 23, 
        United States Code.

    (b) Establishment of Research Plan.--The Administrator shall 
establish a research plan to prioritize research on roadway designs, the 
development of safety countermeasures to minimize fatalities and serious 
injuries to vulnerable road users, and the promotion of bicycling and 
walking, including research relating to--
            (1) roadway safety improvements, including traffic calming 
        techniques and vulnerable road user accommodations appropriate 
        in a suburban arterial context;
            (2) the impacts of traffic speeds, and access to low-traffic 
        stress corridors, on safety and rates of bicycling and walking;
            (3) <<NOTE: Evaluation.>>  tools to evaluate the impact of 
        transportation improvements on projected rates and safety of 
        bicycling and walking; and
            (4) <<NOTE: Determination.>>  other research areas to be 
        determined by the Administrator.

    (c) Vulnerable Road User Assessments.--The Administrator shall--
            (1) <<NOTE: Reviews. Determination.>>  review each 
        vulnerable road user safety assessment submitted by a State 
        under section 148(l) of title 23, United States Code, and other 
        relevant sources of data to determine what, if any, standard 
        definitions and methods should be developed through guidance to 
        enable a State to collect pedestrian injury and fatality data; 
        and
            (2) in the first progress update under subsection (d)(2), 
        provide--
                    (A) the results of the determination described in 
                paragraph (1); and
                    (B) <<NOTE: Recommenda- tions.>>  the 
                recommendations of the Secretary with respect to the 
                collection and reporting of data on the safety of 
                vulnerable road users.

    (d) <<NOTE: Deadlines.>>  Submission; Publication.--
            (1) Submission of plan.--Not later than 180 days after the 
        date of enactment of this Act, the Administrator shall submit to 
        the Committee on Environment and Public Works of the Senate and 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives the research plan described in subsection 
        (b).
            (2) Progress updates.--Not later than 2 years after the date 
        of enactment of this Act, and biannually thereafter, the 
        Administrator shall submit to the Committees described in 
        paragraph (1)--
                    (A) updates on the progress and findings of the 
                research conducted pursuant to the plan described in 
                subsection (b); and
                    (B) in the first submission under this paragraph, 
                the results and recommendations described in subsection 
                (c)(2).

[[Page 135 STAT. 499]]

SEC. 11123. WILDLIFE CROSSING SAFETY.

    (a) Declaration of Policy.--Section 101(b)(3)(D) of title 23, United 
States Code, is amended, in the matter preceding clause (i), by 
inserting ``resilient,'' after ``efficient,''.
    (b) Wildlife Crossings Pilot Program.--
            (1) In general.--Chapter 1 of title 23, United States Code, 
        is amended by adding at the end the following:
``Sec. 171. <<NOTE: Grants. 23 USC 171.>>  Wildlife crossings 
                pilot program

    ``(a) Finding.--Congress finds that greater adoption of wildlife-
vehicle collision safety countermeasures is in the public interest 
because--
            ``(1) according to the report of the Federal Highway 
        Administration entitled `Wildlife-Vehicle Collision Reduction 
        Study', there are more than 1,000,000 wildlife-vehicle 
        collisions every year;
            ``(2) wildlife-vehicle collisions--
                    ``(A) present a danger to--
                          ``(i) human safety; and
                          ``(ii) wildlife survival; and
                    ``(B) represent a persistent concern that results in 
                tens of thousands of serious injuries and hundreds of 
                fatalities on the roadways of the United States; and
            ``(3) the total annual cost associated with wildlife-vehicle 
        collisions has been estimated to be $8,388,000,000; and
            ``(4) wildlife-vehicle collisions are a major threat to the 
        survival of species, including birds, reptiles, mammals, and 
        amphibians.

    ``(b) Establishment.--The Secretary shall establish a competitive 
wildlife crossings pilot program (referred to in this section as the 
`pilot program') to provide grants for projects that seek to achieve--
            ``(1) a reduction in the number of wildlife-vehicle 
        collisions; and
            ``(2) in carrying out the purpose described in paragraph 
        (1), improved habitat connectivity for terrestrial and aquatic 
        species.

    ``(c) Eligible Entities.--An entity eligible to apply for a grant 
under the pilot program is--
            ``(1) a State highway agency, or an equivalent of that 
        agency;
            ``(2) a metropolitan planning organization (as defined in 
        section 134(b));
            ``(3) a unit of local government;
            ``(4) a regional transportation authority;
            ``(5) a special purpose district or public authority with a 
        transportation function, including a port authority;
            ``(6) an Indian tribe (as defined in section 207(m)(1)), 
        including a Native village and a Native Corporation (as those 
        terms are defined in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602));
            ``(7) a Federal land management agency; or
            ``(8) a group of any of the entities described in paragraphs 
        (1) through (7).

    ``(d) Applications.--

[[Page 135 STAT. 500]]

            ``(1) In general.--To be eligible to receive a grant under 
        the pilot program, an eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(2) <<NOTE: Consultation.>>  Requirement.--If an 
        application under paragraph (1) is submitted by an eligible 
        entity other than an eligible entity described in paragraph (1) 
        or (7) of subsection (c), the application shall include 
        documentation that the State highway agency, or an equivalent of 
        that agency, of the State in which the eligible entity is 
        located was consulted during the development of the application.
            ``(3) Guidance.--To enhance consideration of current and 
        reliable data, eligible entities may obtain guidance from an 
        agency in the State with jurisdiction over fish and wildlife.

    ``(e) Considerations.--In selecting grant recipients under the pilot 
program, the Secretary shall take into consideration the following:
            ``(1) Primarily, the extent to which the proposed project of 
        an eligible entity is likely to protect motorists and wildlife 
        by reducing the number of wildlife-vehicle collisions and 
        improve habitat connectivity for terrestrial and aquatic 
        species.
            ``(2) Secondarily, the extent to which the proposed project 
        of an eligible entity is likely to accomplish the following:
                    ``(A) Leveraging Federal investment by encouraging 
                non-Federal contributions to the project, including 
                projects from public-private partnerships.
                    ``(B) Supporting local economic development and 
                improvement of visitation opportunities.
                    ``(C) Incorporation of innovative technologies, 
                including advanced design techniques and other 
                strategies to enhance efficiency and effectiveness in 
                reducing wildlife-vehicle collisions and improving 
                habitat connectivity for terrestrial and aquatic 
                species.
                    ``(D) Provision of educational and outreach 
                opportunities.
                    ``(E) Monitoring and research to evaluate, compare 
                effectiveness of, and identify best practices in, 
                selected projects.
                    ``(F) <<NOTE: Determination.>>  Any other criteria 
                relevant to reducing the number of wildlife-vehicle 
                collisions and improving habitat connectivity for 
                terrestrial and aquatic species, as the Secretary 
                determines to be appropriate, subject to the condition 
                that the implementation of the pilot program shall not 
                be delayed in the absence of action by the Secretary to 
                identify additional criteria under this subparagraph.

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

[[Page 135 STAT. 501]]

                      1602))), the Federal Highway Administration, 
                      through an agreement; and
                          ``(ii) in the case of a grant to an eligible 
                      entity other than an eligible entity described in 
                      clause (i), the State highway agency, or an 
                      equivalent of that agency, for the State in which 
                      the project is to be carried out.
                    ``(B) Partnerships.--
                          ``(i) In general.--A grant received under the 
                      pilot program may be used to provide funds to 
                      eligible partners of the project for which the 
                      grant was received described in clause (ii), in 
                      accordance with the terms of the project 
                      agreement.
                          ``(ii) Eligible partners described.--The 
                      eligible partners referred to in clause (i) 
                      include--
                                    ``(I) a metropolitan planning 
                                organization (as defined in section 
                                134(b));
                                    ``(II) a unit of local government;
                                    ``(III) a regional transportation 
                                authority;
                                    ``(IV) a special purpose district or 
                                public authority with a transportation 
                                function, including a port authority;
                                    ``(V) an Indian tribe (as defined in 
                                section 207(m)(1)), including a Native 
                                village and a Native Corporation (as 
                                those terms are defined in section 3 of 
                                the Alaska Native Claims Settlement Act 
                                (43 U.S.C. 1602));
                                    ``(VI) a Federal land management 
                                agency;
                                    ``(VII) a foundation, 
                                nongovernmental organization, or 
                                institution of higher education;
                                    ``(VIII) a Federal, Tribal, 
                                regional, or State government entity; 
                                and
                                    ``(IX) a group of any of the 
                                entities described in subclauses (I) 
                                through (VIII).
            ``(3) Compliance.--An eligible entity that receives a grant 
        under the pilot program and enters into a partnership described 
        in paragraph (2) shall establish measures to verify that an 
        eligible partner that receives funds from the grant complies 
        with the conditions of the pilot program in using those funds.

    ``(g) <<NOTE: Urban and rural areas.>>  Requirement.--The Secretary 
shall ensure that not less than 60 percent of the amounts made available 
for grants under the pilot program each fiscal year are for projects 
located in rural areas.

    ``(h) Annual Report to Congress.--
            ``(1) <<NOTE: Public information.>>  In general.--Not later 
        than December 31 of each calendar year, the Secretary shall 
        submit to Congress, and make publicly available, a report 
        describing the activities under the pilot program for the fiscal 
        year that ends during that calendar year.
            ``(2) Contents.--The report under paragraph (1) shall 
        include--
                    ``(A) a detailed description of the activities 
                carried out under the pilot program;
                    ``(B) <<NOTE: Evaluation.>>  an evaluation of the 
                effectiveness of the pilot program in meeting the 
                purposes described in subsection (b); and

[[Page 135 STAT. 502]]

                    ``(C) <<NOTE: Recommenda- tions.>>  policy 
                recommendations to improve the effectiveness of the 
                pilot program.

    ``(i) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under this chapter.''.
            (2) Clerical amendment.--The analysis for chapter 1 of title 
        23, United States Code, <<NOTE: 23 USC 101 prec.>>  is amended 
        by inserting after the item relating to section 170 the 
        following:

``171. Wildlife crossings pilot program.''.

    (c) Wildlife Vehicle Collision Reduction and Habitat Connectivity 
Improvement.--
            (1) In general.--Chapter 1 of title 23, United States Code 
        (as amended by subsection (b)(1)), is amended by adding at the 
        end the following:
``Sec. 172. <<NOTE: 23 USC 172.>>  Wildlife-vehicle collision 
                reduction and habitat connectivity improvement

    ``(a) Study.--
            ``(1) In general.--The Secretary shall conduct a study 
        (referred to in this subsection as the `study') of the state, as 
        of the date of the study, of the practice of methods to reduce 
        collisions between motorists and wildlife (referred to in this 
        section as `wildlife-vehicle collisions').
            ``(2) Contents.--
                    ``(A) Areas of study.--The study shall--
                          ``(i) <<NOTE: Update.>>  update and expand on, 
                      as appropriate--
                                    ``(I) the report entitled `Wildlife 
                                Vehicle Collision Reduction Study: 2008 
                                Report to Congress'; and
                                    ``(II) the document entitled 
                                `Wildlife Vehicle Collision Reduction 
                                Study: Best Practices Manual' and dated 
                                October 2008; and
                          ``(ii) include--
                                    ``(I) <<NOTE: Assessments.>>  an 
                                assessment, as of the date of the study, 
                                of--
                                            ``(aa) the causes of 
                                        wildlife-vehicle collisions;
                                            ``(bb) the impact of 
                                        wildlife-vehicle collisions on 
                                        motorists and wildlife; and
                                            ``(cc) the impacts of roads 
                                        and traffic on habitat 
                                        connectivity for terrestrial and 
                                        aquatic species; and
                                    ``(II) solutions and best practices 
                                for--
                                            ``(aa) reducing wildlife-
                                        vehicle collisions; and
                                            ``(bb) improving habitat 
                                        connectivity for terrestrial and 
                                        aquatic species.
                    ``(B) Methods.--In carrying out the study, the 
                Secretary shall--
                          ``(i) <<NOTE: Review.>>  conduct a thorough 
                      review of research and data relating to--
                                    ``(I) wildlife-vehicle collisions; 
                                and
                                    ``(II) habitat fragmentation that 
                                results from transportation 
                                infrastructure;
                          ``(ii) <<NOTE: Survey.>>  survey current 
                      practices of the Department of Transportation and 
                      State departments of transportation to reduce 
                      wildlife-vehicle collisions; and

[[Page 135 STAT. 503]]

                          ``(iii) <<NOTE: Consultation.>>  consult 
                      with--
                                    ``(I) appropriate experts in the 
                                field of wildlife-vehicle collisions; 
                                and
                                    ``(II) appropriate experts on the 
                                effects of roads and traffic on habitat 
                                connectivity for terrestrial and aquatic 
                                species.
            ``(3) Report.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to Congress a report on the results of the study.
                    ``(B) Contents.--The report under subparagraph (A) 
                shall include--
                          ``(i) a description of--
                                    ``(I) the causes of wildlife-vehicle 
                                collisions;
                                    ``(II) the impacts of wildlife-
                                vehicle collisions; and
                                    ``(III) the impacts of roads and 
                                traffic on--
                                            ``(aa) species listed as 
                                        threatened species or endangered 
                                        species under the Endangered 
                                        Species Act of 1973 (16 U.S.C. 
                                        1531 et seq.);
                                            ``(bb) species identified by 
                                        States as species of greatest 
                                        conservation need;
                                            ``(cc) species identified in 
                                        State wildlife plans; and
                                            ``(dd) medium and small 
                                        terrestrial and aquatic species;
                          ``(ii) <<NOTE: Evaluation.>>  an economic 
                      evaluation of the costs and benefits of installing 
                      highway infrastructure and other measures to 
                      mitigate damage to terrestrial and aquatic 
                      species, including the effect on jobs, property 
                      values, and economic growth to society, adjacent 
                      communities, and landowners;
                          ``(iii) <<NOTE: Recommenda- tions.>>  
                      recommendations for preventing wildlife-vehicle 
                      collisions, including recommended best practices, 
                      funding resources, or other recommendations for 
                      addressing wildlife-vehicle collisions; and
                          ``(iv) <<NOTE: Consultation.>>  guidance, 
                      developed in consultation with Federal land 
                      management agencies and State departments of 
                      transportation, State fish and wildlife agencies, 
                      and Tribal governments that agree to participate, 
                      for developing, for each State that agrees to 
                      participate, a voluntary joint statewide 
                      transportation and wildlife action plan--
                                    ``(I) to address wildlife-vehicle 
                                collisions; and
                                    ``(II) to improve habitat 
                                connectivity for terrestrial and aquatic 
                                species.

    ``(b) Workforce Development and Technical Training.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 3 
        years after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Secretary shall, based on the 
        study conducted under subsection (a), develop a series of in-
        person and online workforce development and technical training 
        courses--
                    ``(A) to reduce wildlife-vehicle collisions; and
                    ``(B) to improve habitat connectivity for 
                terrestrial and aquatic species.
            ``(2) Availability.--The Secretary shall--

[[Page 135 STAT. 504]]

                    ``(A) make the series of courses developed under 
                paragraph (1) available for transportation and fish and 
                wildlife professionals; and
                    ``(B) <<NOTE: Updates.>>  update the series of 
                courses not less frequently than once every 2 years.

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

[[Page 135 STAT. 505]]

                developed under paragraph (1) not later than the later 
                of--
                          ``(i) the date that is 18 months after the 
                      date of enactment of the Surface Transportation 
                      Reauthorization Act of 2021; and
                          ``(ii) the date that is 180 days after the 
                      date on which the Secretary completes the 
                      development of the standardized methodology.
                    ``(B) Implementation.--Not later than 4 years after 
                the date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to Congress a report describing--
                          ``(i) the status of the voluntary 
                      implementation of the standardized methodology 
                      developed under paragraph (1) and the template 
                      developed under paragraph (2)(A);
                          ``(ii) whether the implementation of the 
                      standardized methodology developed under paragraph 
                      (1) and the template developed under paragraph 
                      (2)(A) has impacted efforts by States, units of 
                      local government, and other entities--
                                    ``(I) to reduce the number of 
                                wildlife-vehicle collisions; and
                                    ``(II) to improve habitat 
                                connectivity;
                          ``(iii) the degree of the impact described in 
                      clause (ii); and
                          ``(iv) <<NOTE: Recommenda- tions.>>  the 
                      recommendations of the Secretary, including 
                      recommendations for further study aimed at 
                      reducing motorist collisions involving wildlife 
                      and improving habitat connectivity for terrestrial 
                      and aquatic species on the National Highway 
                      System, if any.

    ``(d) National Threshold Guidance.--The Secretary shall--
            ``(1) <<NOTE: Determination.>>  establish guidance, to be 
        carried out by States on a voluntary basis, that contains a 
        threshold for determining whether a highway shall be evaluated 
        for potential mitigation measures to reduce wildlife-vehicle 
        collisions and increase habitat connectivity for terrestrial and 
        aquatic species, taking into consideration--
                    ``(A) the number of wildlife-vehicle collisions on 
                the highway that pose a human safety risk;
                    ``(B) highway-related mortality and the effects of 
                traffic on the highway on--
                          ``(i) species listed as endangered species or 
                      threatened species under the Endangered Species 
                      Act of 1973 (16 U.S.C. 1531 et seq.);
                          ``(ii) species identified by a State as 
                      species of greatest conservation need;
                          ``(iii) species identified in State wildlife 
                      plans; and
                          ``(iv) medium and small terrestrial and 
                      aquatic species; and
                    ``(C) habitat connectivity values for terrestrial 
                and aquatic species and the barrier effect of the 
                highway on the movements and migrations of those 
                species.''.
            (2) Clerical amendment.--The analysis for chapter 1 of title 
        23, United States Code <<NOTE: 23 USC 101 prec.>>  (as amended 
        by subsection (b)(2))

[[Page 135 STAT. 506]]

        is amended by inserting after the item relating to section 171 
        the following:

``172. Wildlife-vehicle collision reduction and habitat connectivity 
           improvement.''.

    (d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23, 
United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) the publication of the Federal Highway 
                Administration entitled `Wildlife Crossing Structure 
                Handbook: Design and Evaluation in North America' and 
                dated March 2011; and''.

    (e) Wildlife Habitat Connectivity and National Bridge and Tunnel 
Inventory and Inspection Standards.--Section 144 of title 23, United 
States Code, is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by inserting ``, 
                resilience,'' after ``safety'';
                    (B) in subparagraph (D), by striking ``and'' at the 
                end;
                    (C) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(F) to ensure adequate passage of aquatic and 
                terrestrial species, where appropriate.'';
            (2) in subsection (b)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) determine if the replacement or rehabilitation of 
        bridges and tunnels should include measures to enable safe and 
        unimpeded movement for terrestrial and aquatic species.''; and
            (3) in subsection (i), by adding at the end the following:
            ``(3) Requirement.--The first revision under paragraph (2) 
        after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021 shall include techniques to assess 
        passage of aquatic and terrestrial species and habitat 
        restoration potential.''.
SEC. 11124. CONSOLIDATION OF PROGRAMS.

    Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129 
Stat. 1423) is amended, in the matter preceding paragraph (1), by 
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 
2022 through 2026''.
SEC. 11125. GAO REPORT.

    (a) <<NOTE: Repeal.>>  In General.--Section 1433 of the FAST Act (23 
U.S.C. 101 note; Public Law 114-94) is repealed.

    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking 
the item relating to section 1433.
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

    Section 165 of title 23, United States Code, is amended--

[[Page 135 STAT. 507]]

            (1) in subsection (a), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) for the Puerto Rico highway program under subsection 
        (b)--
                    ``(A) $173,010,000 shall be for fiscal year 2022;
                    ``(B) $176,960,000 shall be for fiscal year 2023;
                    ``(C) $180,120,000 shall be for fiscal year 2024;
                    ``(D) $183,675,000 shall be for fiscal year 2025; 
                and
                    ``(E) $187,230,000 shall be for fiscal year 2026; 
                and
            ``(2) for the territorial highway program under subsection 
        (c)--
                    ``(A) $45,990,000 shall be for fiscal year 2022;
                    ``(B) $47,040,000 shall be for fiscal year 2023;
                    ``(C) $47,880,000 shall be for fiscal year 2024;
                    ``(D) $48,825,000 shall be for fiscal year 2025; and
                    ``(E) $49,770,000 shall be for fiscal year 2026.'';
            (2) in subsection (b)(2)(C)(iii), by inserting ``and 
        preventative maintenance on the National Highway System'' after 
        ``chapter 1''; and
            (3) in subsection (c)(7), by striking ``paragraphs (1) 
        through (4) of section 133(c) and section 133(b)(12)'' and 
        inserting ``paragraphs (1), (2), (3), and (5) of section 133(c) 
        and section 133(b)(13)''.
SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL 
                            PROJECTS PROGRAM.

    Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-94) 
is amended--
            (1) in subsection (c)(3), by striking ``$25,000,000'' and 
        all that follows through the period at the end and inserting 
        ``$12,500,000.'';
            (2) in subsection (g)--
                    (A) by striking the subsection designation and 
                heading and all that follows through ``The Federal'' in 
                paragraph (1) and inserting the following:

    ``(g) Cost Share.--
            ``(1) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal'';
                    (B) in paragraph (1), by adding at the end the 
                following:
                    ``(B) Tribal projects.--In the case of a project on 
                a tribal transportation facility (as defined in section 
                101(a) of title 23, United States Code), the Federal 
                share of the cost of the project shall be 100 
                percent.''; and
                    (C) in paragraph (2), by striking ``other than those 
                made available under title 23 or title 49, United States 
                Code,''; and
            (3) by striking subsection (h) and inserting the following:

    ``(h) Use of Funds.--
            ``(1) In general.--For each fiscal year, of the amounts made 
        available to carry out this section--
                    ``(A) 50 percent shall be used for eligible projects 
                on Federal lands transportation facilities and Federal 
                lands access transportation facilities (as those terms 
                are defined in section 101(a) of title 23, United States 
                Code); and

[[Page 135 STAT. 508]]

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

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

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

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

    ``(d) Manual on Uniform Traffic Control Devices.--
            ``(1) In general.--On any'';
                    (B) in paragraph (1) (as so designated), by striking 
                ``promote the safe'' and inserting ``promote the safety, 
                inclusion, and mobility of all users''; and
                    (C) by adding at the end the following:
            ``(2) <<NOTE: Deadline.>>  Updates.--Not later than 18 
        months after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021 and not less frequently than every 4 
        years thereafter, the Secretary shall update the Manual on 
        Uniform Traffic Control Devices.'';
            (2) in subsection (o)--
                    (A) by striking ``Projects'' and inserting:
                    ``(A) In general.--Projects''; and
                    (B) by inserting at the end the following:
                    ``(B) Local jurisdictions.--Notwithstanding 
                subparagraph (A), a local jurisdiction may use a roadway 
                design guide recognized by the Federal Highway 
                Administration and adopted by the local jurisdiction 
                that is different from the roadway design guide used by 
                the State in which

[[Page 135 STAT. 509]]

                the local jurisdiction is located for the design of 
                projects on all roadways under the ownership of the 
                local jurisdiction (other than a highway on the National 
                Highway System) for which the local jurisdiction is the 
                project sponsor, provided that the design complies with 
                all other applicable Federal laws.''; and
            (3) by adding at the end the following:

    ``(s) Electric Vehicle Charging Stations.--
            ``(1) Standards.--Electric vehicle charging infrastructure 
        installed using funds provided under this title shall provide, 
        at a minimum--
                    ``(A) non-proprietary charging connectors that meet 
                applicable industry safety standards; and
                    ``(B) open access to payment methods that are 
                available to all members of the public to ensure secure, 
                convenient, and equal access to the electric vehicle 
                charging infrastructure that shall not be limited by 
                membership to a particular payment provider.
            ``(2) Treatment of projects.--Notwithstanding any other 
        provision of law, a project to install electric vehicle charging 
        infrastructure using funds provided under this title shall be 
        treated as if the project is located on a Federal-aid 
        highway.''.
SEC. 11130. PUBLIC TRANSPORTATION.

    (a) In General.--Section 142(a) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(3) Bus corridors.--In addition to the projects described 
        in paragraphs (1) and (2), the Secretary may approve payment 
        from sums apportioned under paragraph (2) or (7) of section 
        104(b) for carrying out a capital project for the construction 
        of a bus rapid transit corridor or dedicated bus lanes, 
        including the construction or installation of--
                    ``(A) traffic signaling and prioritization systems;
                    ``(B) redesigned intersections that are necessary 
                for the establishment of a bus rapid transit corridor;
                    ``(C) on-street stations;
                    ``(D) fare collection systems;
                    ``(E) information and wayfinding systems; and
                    ``(F) depots.''.

    (b) Technical Correction.--Section 142 of title 23, United States 
Code, is amended by striking subsection (i).
SEC. 11131. RESERVATION OF CERTAIN FUNDS.

    (a) Open Container Requirements.--Section 154(c)(2) of title 23, 
United States Code, is amended--
            (1) in the paragraph heading, by striking ``2012'' and 
        inserting ``2022'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Reservation of funds.--
                          ``(i) <<NOTE: Effective 
                      dates. Certification.>>  In general.--On October 
                      1, 2021, and each October 1 thereafter, in the 
                      case of a State described in clause (ii), the 
                      Secretary shall reserve an amount equal to 2.5 
                      percent of the funds to be apportioned to the 
                      State on that date under each of paragraphs (1) 
                      and (2) of section 104(b) until the State 
                      certifies to the Secretary the means by which the 
                      State will

[[Page 135 STAT. 510]]

                      use those reserved funds in accordance with 
                      subparagraphs (A) and (B) of paragraph (1), and 
                      paragraph (3).
                          ``(ii) States described.--A State referred to 
                      in clause (i) is a State--
                                    ``(I) that has not enacted or is not 
                                enforcing an open container law 
                                described in subsection (b); and
                                    ``(II) <<NOTE: Determination.>>  for 
                                which the Secretary determined for the 
                                prior fiscal year that the State had not 
                                enacted or was not enforcing an open 
                                container law described in subsection 
                                (b).''; and
            (3) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``subparagraph (A)'' and inserting ``subparagraph 
        (A)(i)''.

    (b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23, 
United States Code, is amended--
            (1) in the paragraph heading, by striking ``2012'' and 
        inserting ``2022'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Reservation of funds.--
                          ``(i) <<NOTE: Effective 
                      dates. Certification.>>  In general.--On October 
                      1, 2021, and each October 1 thereafter, in the 
                      case of a State described in clause (ii), the 
                      Secretary shall reserve an amount equal to 2.5 
                      percent of the funds to be apportioned to the 
                      State on that date under each of paragraphs (1) 
                      and (2) of section 104(b) until the State 
                      certifies to the Secretary the means by which the 
                      State will use those reserved funds in accordance 
                      with subparagraphs (A) and (B) of paragraph (1), 
                      and paragraph (3).
                          ``(ii) States described.--A State referred to 
                      in clause (i) is a State--
                                    ``(I) that has not enacted or is not 
                                enforcing a repeat intoxicated driver 
                                law; and
                                    ``(II) <<NOTE: Determination.>>  for 
                                which the Secretary determined for the 
                                prior fiscal year that the State had not 
                                enacted or was not enforcing a repeat 
                                intoxicated driver law.''; and
            (3) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``subparagraph (A)'' and inserting ``subparagraph 
        (A)(i)''.
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11123(c)(1)), is amended by adding at the end the 
following:
``Sec. 173. <<NOTE: 23 USC 173.>>  Rural surface transportation 
                grant program

    ``(a) Definitions.--In this section:
            ``(1) Program.--The term `program' means the program 
        established under subsection (b)(1).
            ``(2) Rural area.--The term `rural area' means an area that 
        is outside an urbanized area with a population of over 200,000.

    ``(b) Establishment.--

[[Page 135 STAT. 511]]

            ``(1) In general.--The Secretary shall establish a rural 
        surface transportation grant program to provide grants, on a 
        competitive basis, to eligible entities to improve and expand 
        the surface transportation infrastructure in rural areas.
            ``(2) Goals.--The goals of the program shall be--
                    ``(A) to increase connectivity;
                    ``(B) to improve the safety and reliability of the 
                movement of people and freight; and
                    ``(C) to generate regional economic growth and 
                improve quality of life.
            ``(3) Grant administration.--The Secretary may--
                    ``(A) <<NOTE: Review.>>  retain not more than a 
                total of 2 percent of the funds made available to carry 
                out the program and to review applications for grants 
                under the program; and
                    ``(B) <<NOTE: Transfer authority.>>  transfer 
                portions of the funds retained under subparagraph (A) to 
                the relevant Administrators to fund the award and 
                oversight of grants provided under the program.

    ``(c) Eligible Entities.--The Secretary may make a grant under the 
program to--
            ``(1) a State;
            ``(2) a regional transportation planning organization;
            ``(3) a unit of local government;
            ``(4) a Tribal government or a consortium of Tribal 
        governments; and
            ``(5) a multijurisdictional group of entities described in 
        paragraphs (1) through (4).

    ``(d) Applications.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Secretary an application 
in such form, at such time, and containing such information as the 
Secretary may require.
    ``(e) Eligible Projects.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary may make a grant under the program only for a project 
        that is--
                    ``(A) a highway, bridge, or tunnel project eligible 
                under section 119(d);
                    ``(B) a highway, bridge, or tunnel project eligible 
                under section 133(b);
                    ``(C) a project eligible under section 202(a);
                    ``(D) a highway freight project eligible under 
                section 167(h)(5);
                    ``(E) a highway safety improvement project, 
                including a project to improve a high risk rural road 
                (as those terms are defined in section 148(a));
                    ``(F) a project on a publicly-owned highway or 
                bridge that provides or increases access to an 
                agricultural, commercial, energy, or intermodal facility 
                that supports the economy of a rural area; or
                    ``(G) a project to develop, establish, or maintain 
                an integrated mobility management system, a 
                transportation demand management system, or on-demand 
                mobility services.
            ``(2) Bundling of eligible projects.--
                    ``(A) In general.--An eligible entity may bundle 2 
                or more similar eligible projects under the program that 
                are--

[[Page 135 STAT. 512]]

                          ``(i) included as a bundled project in a 
                      statewide transportation improvement program under 
                      section 135; and
                          ``(ii) awarded to a single contractor or 
                      consultant pursuant to a contract for engineering 
                      and design or construction between the contractor 
                      and the eligible entity.
                    ``(B) Itemization.--Notwithstanding any other 
                provision of law (including regulations), a bundling of 
                eligible projects under this paragraph may be considered 
                to be a single project, including for purposes of 
                section 135.

    ``(f) Eligible Project Costs.--An eligible entity may use funds from 
a grant under the program for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental review, 
        preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental mitigation, 
        construction contingencies, acquisition of equipment, and 
        operational improvements.

    ``(g) <<NOTE: Determination.>>  Project Requirements.--The Secretary 
may provide a grant under the program to an eligible project only if the 
Secretary determines that the project--
            ``(1) will generate regional economic, mobility, or safety 
        benefits;
            ``(2) will be cost effective;
            ``(3) will contribute to the accomplishment of 1 or more of 
        the national goals under section 150;
            ``(4) is based on the results of preliminary engineering; 
        and
            ``(5) <<NOTE: Deadline.>>  is reasonably expected to begin 
        construction not later than 18 months after the date of 
        obligation of funds for the project.

    ``(h) Additional Considerations.--In providing grants under the 
program, the Secretary shall consider the extent to which an eligible 
project will--
            ``(1) improve the state of good repair of existing highway, 
        bridge, and tunnel facilities;
            ``(2) increase the capacity or connectivity of the surface 
        transportation system and improve mobility for residents of 
        rural areas;
            ``(3) address economic development and job creation 
        challenges, including energy sector job losses in energy 
        communities as identified in the report released in April 2021 
        by the interagency working group established by section 218 of 
        Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));
            ``(4) enhance recreational and tourism opportunities by 
        providing access to Federal land, national parks, national 
        forests, national recreation areas, national wildlife refuges, 
        wilderness areas, or State parks;
            ``(5) contribute to geographic diversity among grant 
        recipients;
            ``(6) utilize innovative project delivery approaches or 
        incorporate transportation technologies;

[[Page 135 STAT. 513]]

            ``(7) <<NOTE: Coordination.>>  coordinate with projects to 
        address broadband infrastructure needs; or
            ``(8) improve access to emergency care, essential services, 
        healthcare providers, or drug and alcohol treatment and 
        rehabilitation resources.

    ``(i) Grant Amount.--Except as provided in subsection (k)(1), a 
grant under the program shall be in an amount that is not less than 
$25,000,000.
    ``(j) Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of a project carried out with a grant 
        under the program may not exceed 80 percent.
            ``(2) <<NOTE: Determination.>>  Federal share for certain 
        projects.--The Federal share of the cost of an eligible project 
        that furthers the completion of a designated segment of the 
        Appalachian Development Highway System under section 14501 of 
        title 40, or addresses a surface transportation infrastructure 
        need identified for the Denali access system program under 
        section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 
        note; Public Law 105-277) shall be up to 100 percent, as 
        determined by the State.
            ``(3) Use of other federal assistance.--Federal assistance 
        other than a grant under the program may be used to satisfy the 
        non-Federal share of the cost of a project carried out with a 
        grant under the program.

    ``(k) Set Asides.--
            ``(1) Small projects.--The Secretary shall use not more than 
        10 percent of the amounts made available for the program for 
        each fiscal year to provide grants for eligible projects in an 
        amount that is less than $25,000,000.
            ``(2) Appalachian development highway system.--The Secretary 
        shall reserve 25 percent of the amounts made available for the 
        program for each fiscal year for eligible projects that further 
        the completion of designated routes of the Appalachian 
        Development Highway System under section 14501 of title 40.
            ``(3) Rural roadway lane departures.--The Secretary shall 
        reserve 15 percent of the amounts made available for the program 
        for each fiscal year to provide grants for eligible projects 
        located in States that have rural roadway fatalities as a result 
        of lane departures that are greater than the average of rural 
        roadway fatalities as a result of lane departures in the United 
        States, based on the latest available data from the Secretary.
            ``(4) Excess funding.--In any fiscal year in which qualified 
        applications for grants under this subsection do not allow for 
        the amounts reserved under paragraphs (1), (2), or (3) to be 
        fully utilized, the Secretary shall use the unutilized amounts 
        to make other grants under the program.

    ``(l) <<NOTE: Deadlines.>>  Congressional Review.--
            ``(1) Notification.--Not less than 60 days before providing 
        a grant under the program, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives--
                    ``(A) <<NOTE: List. Determination.>>  a list of all 
                applications determined to be eligible for a grant by 
                the Secretary;

[[Page 135 STAT. 514]]

                    ``(B) each application proposed to be selected for a 
                grant, including a justification for the selection; and
                    ``(C) <<NOTE: Proposal.>>  proposed grant amounts.
            ``(2) Committee review.--Before the last day of the 60-day 
        period described in paragraph (1), each Committee described in 
        paragraph (1) shall review the list of proposed projects 
        submitted by the Secretary.
            ``(3) Congressional disapproval.--The Secretary may not make 
        a grant or any other obligation or commitment to fund a project 
        under the program if a joint resolution is enacted disapproving 
        funding for the project before the last day of the 60-day period 
        described in paragraph (1).

    ``(m) Transparency.--
            ``(1) <<NOTE: Deadline. Web posting.>>  In general.--Not 
        later than 30 days after providing a grant for a project under 
        the program, the Secretary shall provide to all applicants, and 
        publish on the website of the Department of Transportation, the 
        information described in subsection (l)(1).
            ``(2) Briefing.--The Secretary shall provide, on the request 
        of an eligible entity, the opportunity to receive a briefing to 
        explain any reasons the eligible entity was not selected to 
        receive a grant under the program.

    ``(n) Reports.--
            ``(1) <<NOTE: Web posting.>>  Annual report.--The Secretary 
        shall make available on the website of the Department of 
        Transportation at the end of each fiscal year an annual report 
        that lists each project for which a grant has been provided 
        under the program during that fiscal year.
            ``(2) Comptroller general.--
                    ``(A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                administrative establishment, solicitation, selection, 
                and justification process with respect to the awarding 
                of grants under the program for each fiscal year.
                    ``(B) Report.--Each fiscal year, the Comptroller 
                General shall submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that describes, for the fiscal 
                year--
                          ``(i) the adequacy and fairness of the process 
                      by which each project was selected, if applicable; 
                      and
                          ``(ii) the justification and criteria used for 
                      the selection of each project, if applicable.

    ``(o) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under this chapter.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11123(c)(2)), <<NOTE: 23 USC 
101 prec.>> is amended by inserting after the item relating to section 
172 the following:

``173. Rural surface transportation grant program.''.

SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

    Section 217 of title 23, United States Code, is amended--
            (1) in subsection (a)--

[[Page 135 STAT. 515]]

                    (A) by striking ``pedestrian walkways and bicycle'' 
                and inserting ``pedestrian walkways and bicycle and 
                shared micromobility''; and
                    (B) by striking ``safe bicycle use'' and inserting 
                ``safe access for bicyclists and pedestrians'';
            (2) in subsection (d), by striking ``a position'' and 
        inserting ``up to 2 positions'';
            (3) in subsection (e), by striking ``bicycles'' each place 
        it appears and inserting ``pedestrians or bicyclists'';
            (4) in subsection (f), by striking ``and a bicycle'' and 
        inserting ``or a bicycle or shared micromobility''; and
            (5) in subsection (j), by striking paragraph (2) and 
        inserting the following:
            ``(2) Electric bicycle.--
                    ``(A) <<NOTE: Definition.>>  In general.--The term 
                `electric bicycle' means a bicycle--
                          ``(i) equipped with fully operable pedals, a 
                      saddle or seat for the rider, and an electric 
                      motor of less than 750 watts;
                          ``(ii) that can safely share a bicycle 
                      transportation facility with other users of such 
                      facility; and
                          ``(iii) that is a class 1 electric bicycle, 
                      class 2 electric bicycle, or class 3 electric 
                      bicycle.
                    ``(B) Classes of electric bicycles.--
                          ``(i) Class 1 electric bicycle.--For purposes 
                      of subparagraph (A)(iii), the term `class 1 
                      electric bicycle' means an electric bicycle, other 
                      than a class 3 electric bicycle, equipped with a 
                      motor that--
                                    ``(I) provides assistance only when 
                                the rider is pedaling; and
                                    ``(II) ceases to provide assistance 
                                when the speed of the bicycle reaches or 
                                exceeds 20 miles per hour.
                          ``(ii) Class 2 electric bicycle.--For purposes 
                      of subparagraph (A)(iii), the term `class 2 
                      electric bicycle' means an electric bicycle 
                      equipped with a motor that--
                                    ``(I) may be used exclusively to 
                                propel the bicycle; and
                                    ``(II) is not capable of providing 
                                assistance when the speed of the bicycle 
                                reaches or exceeds 20 miles per hour.
                          ``(iii) Class 3 electric bicycle.--For 
                      purposes of subparagraph (A)(iii), the term `class 
                      3 electric bicycle' means an electric bicycle 
                      equipped with a motor that--
                                    ``(I) provides assistance only when 
                                the rider is pedaling; and
                                    ``(II) ceases to provide assistance 
                                when the speed of the bicycle reaches or 
                                exceeds 28 miles per hour.''.
SEC. 11134. RECREATIONAL TRAILS PROGRAM.

    Section 206 of title 23, United States Code, is amended by adding at 
the end the following:
    ``(j) Use of Other Apportioned Funds.--Funds apportioned to a State 
under section 104(b) that are obligated for a recreational trail or a 
related project shall be administered as if the funds were made 
available to carry out this section.''.

[[Page 135 STAT. 516]]

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

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

             Subtitle B--Planning and Performance Management

SEC. 11201. TRANSPORTATION PLANNING.

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

[[Page 135 STAT. 517]]

            ``(5) Savings clause.--Nothing in this subsection requires 
        metropolitan planning organizations designated within a single 
        urbanized area to jointly develop planning documents, including 
        a unified long-range transportation plan or unified TIP.'';
            (3) in subsection (i)(6), by adding at the end the 
        following:
                    ``(D) Use of technology.--A metropolitan planning 
                organization may use social media and other web-based 
                tools--
                          ``(i) to further encourage public 
                      participation; and
                          ``(ii) to solicit public feedback during the 
                      transportation planning process.''; and
            (4) in subsection (p), by striking ``paragraphs (5)(D) and 
        (6) of section 104(b) of this title'' and inserting ``section 
        104(b)(6)''.

    (b) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(f)(3) of title 23, United States Code, is amended by adding at the 
end the following:
                    ``(C) Use of technology.--A State may use social 
                media and other web-based tools--
                          ``(i) to further encourage public 
                      participation; and
                          ``(ii) to solicit public feedback during the 
                      transportation planning process.''.

    (c) Conforming Amendment.--Section 135(i) of title 23, United States 
Code, is amended by striking ``paragraphs (5)(D) and (6) of section 
104(b) of this title'' and inserting ``section 104(b)(6)''.
    (d) Housing Coordination.--Section 134 of title 23, United States 
Code, is amended--
            (1) in subsection (a)(1), by inserting ``better connect 
        housing and employment,'' after ``urbanized areas'';
            (2) in subsection (g)(3)(A), by inserting ``housing,'' after 
        ``economic development,'';
            (3) in subsection (h)(1)(E), by inserting ``, housing,'' 
        after ``growth'';
            (4) in subsection (i)--
                    (A) in paragraph (4)(B)--
                          (i) by redesignating clauses (iii) through 
                      (vi) as clauses (iv) through (vii), respectively; 
                      and
                          (ii) by inserting after clause (ii) the 
                      following:
                          ``(iii) assumed distribution of population and 
                      housing;''; and
                    (B) in paragraph (6)(A), by inserting ``affordable 
                housing organizations,'' after ``disabled,''; and
            (5) in subsection (k)--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) Housing coordination process.--
                    ``(A) In general.--Within a metropolitan planning 
                area serving a transportation management area, the 
                transportation planning process under this section may 
                address the integration of housing, transportation, and 
                economic development strategies through a process that 
                provides for effective integration, based on a 
                cooperatively developed and implemented strategy, of new 
                and existing transportation facilities eligible for 
                funding under this title and chapter 53 of title 49.

[[Page 135 STAT. 518]]

                    ``(B) Coordination in integrated planning process.--
                In carrying out the process described in subparagraph 
                (A), a metropolitan planning organization may--
                          ``(i) <<NOTE: Consultation.>>  consult with--
                                    ``(I) State and local entities 
                                responsible for land use, economic 
                                development, housing, management of road 
                                networks, or public transportation; and
                                    ``(II) other appropriate public or 
                                private entities; and
                          ``(ii) coordinate, to the extent practicable, 
                      with applicable State and local entities to align 
                      the goals of the process with the goals of any 
                      comprehensive housing affordability strategies 
                      established within the metropolitan planning area 
                      pursuant to section 105 of the Cranston-Gonzalez 
                      National Affordable Housing Act (42 U.S.C. 12705) 
                      and plans developed under section 5A of the United 
                      States Housing Act of 1937 (42 U.S.C. 1437c-1).
                    ``(C) Housing coordination plan.--
                          ``(i) In general.--A metropolitan planning 
                      organization serving a transportation management 
                      area may develop a housing coordination plan that 
                      includes projects and strategies that may be 
                      considered in the metropolitan transportation plan 
                      of the metropolitan planning organization.
                          ``(ii) Contents.--A plan described in clause 
                      (i) may--
                                    ``(I) develop regional goals for the 
                                integration of housing, transportation, 
                                and economic development strategies to--
                                            ``(aa) better connect 
                                        housing and employment while 
                                        mitigating commuting times;
                                            ``(bb) align transportation 
                                        improvements with housing needs, 
                                        such as housing supply 
                                        shortages, and proposed housing 
                                        development;
                                            ``(cc) align planning for 
                                        housing and transportation to 
                                        address needs in relationship to 
                                        household incomes within the 
                                        metropolitan planning area;
                                            ``(dd) expand housing and 
                                        economic development within the 
                                        catchment areas of existing 
                                        transportation facilities and 
                                        public transportation services 
                                        when appropriate, including 
                                        higher-density development, as 
                                        locally determined;
                                            ``(ee) manage effects of 
                                        growth of vehicle miles traveled 
                                        experienced in the metropolitan 
                                        planning area related to housing 
                                        development and economic 
                                        development;
                                            ``(ff) increase share of 
                                        households with sufficient and 
                                        affordable access to the 
                                        transportation networks of the 
                                        metropolitan planning area;
                                    ``(II) identify the location of 
                                existing and planned housing and 
                                employment, and transportation options 
                                that connect housing and employment; and

[[Page 135 STAT. 519]]

                                    ``(III) include a comparison of 
                                transportation plans to land use 
                                management plans, including zoning 
                                plans, that may affect road use, public 
                                transportation ridership, and housing 
                                development.''.
SEC. 11202. <<NOTE: Deadline. Time period. 23 USC 134 note.>>  
                            FISCAL CONSTRAINT ON LONG-RANGE 
                            TRANSPORTATION PLANS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of 
Federal Regulations, to ensure that the outer years of a metropolitan 
transportation plan are defined as ``beyond the first 4 years''.
SEC. 11203. STATE HUMAN CAPITAL PLANS.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11132(a)), is amended by adding at the end the 
following:
``Sec. 174. <<NOTE: 23 USC 174.>>  State human capital plans

    ``(a) <<NOTE: Deadline.>>  In General.--Not later than 18 months 
after the date of enactment of this section, the Secretary shall 
encourage each State to develop a voluntary plan, to be known as a 
`human capital plan', that provides for the immediate and long-term 
personnel and workforce needs of the State with respect to the capacity 
of the State to deliver transportation and public infrastructure 
eligible under this title.

    ``(b) Plan Contents.--
            ``(1) In general.--A human capital plan developed by a State 
        under subsection (a) shall, to the maximum extent practicable, 
        take into consideration--
                    ``(A) significant transportation workforce trends, 
                needs, issues, and challenges with respect to the State;
                    ``(B) the human capital policies, strategies, and 
                performance measures that will guide the transportation-
                related workforce investment decisions of the State;
                    ``(C) coordination with educational institutions, 
                industry, organized labor, workforce boards, and other 
                agencies or organizations to address the human capital 
                transportation needs of the State;
                    ``(D) a workforce planning strategy that identifies 
                current and future human capital needs, including the 
                knowledge, skills, and abilities needed to recruit and 
                retain skilled workers in the transportation industry;
                    ``(E) a human capital management strategy that is 
                aligned with the transportation mission, goals, and 
                organizational objectives of the State;
                    ``(F) an implementation system for workforce goals 
                focused on addressing continuity of leadership and 
                knowledge sharing across the State;
                    ``(G) an implementation system that addresses 
                workforce competency gaps, particularly in mission-
                critical occupations;
                    ``(H) in the case of public-private partnerships or 
                other alternative project delivery methods to carry out 
                the transportation program of the State, a description 
                of workforce needs--

[[Page 135 STAT. 520]]

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

    ``(c) <<NOTE: Time period.>>  Plan Updates.--If a State develops a 
human capital plan under subsection (a), the State shall update the plan 
not less frequently than once every 5 years.

    ``(d) Relationship to Long-range Plan.--
            ``(1) In general.--Subject to paragraph (2), a human capital 
        plan developed by a State under subsection (a) may be developed 
        separately from, or incorporated into, the long-range statewide 
        transportation plan required under section 135.
            ``(2) Effect of section.--Nothing in this section requires a 
        State, or authorizes the Secretary to require a State, to 
        incorporate a human capital plan into the long-range statewide 
        transportation plan required under section 135.

    ``(e) <<NOTE: Records. Web posting.>>  Public Availability.--Each 
State that develops a human capital plan under subsection (a) shall make 
a copy of the plan available to the public in a user-friendly format on 
the website of the State department of transportation.

    ``(f) Savings Provision.--Nothing in this section prevents a State 
from carrying out transportation workforce planning--
            ``(1) not described in this section; or
            ``(2) not in accordance with this section.''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11132(b)), <<NOTE: 23 USC 101 
prec.>>  is amended by inserting after the item relating to section 173 
the following:

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

SEC. 11204. <<NOTE: 23 USC 134 note.>>  PRIORITIZATION PROCESS 
                            PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means any 
        of the following:
                    (A) A metropolitan planning organization that serves 
                an area with a population of over 200,000.
                    (B) A State.
            (2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given the 
        term in section 134(b) of title 23, United States Code.
            (3) Prioritization process pilot program.--The term 
        ``prioritization process pilot program'' means the pilot program 
        established under subsection (b)(1).

    (b) Establishment.--
            (1) In general.--The Secretary shall establish and solicit 
        applications for a prioritization process pilot program.

[[Page 135 STAT. 521]]

            (2) Purpose.--The purpose of the prioritization process 
        pilot program shall be to support data-driven approaches to 
        planning that, on completion, can be evaluated for public 
        benefit.

    (c) Pilot Program Administration.--
            (1) In general.--An eligible entity participating in the 
        prioritization process pilot program shall--
                    (A) <<NOTE: Consultation.>>  use priority objectives 
                that are developed--
                          (i) in the case of an urbanized area with a 
                      population of over 200,000, by the metropolitan 
                      planning organization that serves the area, in 
                      consultation with the State;
                          (ii) in the case of an urbanized area with a 
                      population of 200,000 or fewer, by the State in 
                      consultation with all metropolitan planning 
                      organizations in the State; and
                          (iii) through a public process that provides 
                      an opportunity for public input;
                    (B) <<NOTE: Assessment.>>  assess and score projects 
                and strategies on the basis of--
                          (i) the contribution and benefits of the 
                      project or strategy to each priority objective 
                      developed under subparagraph (A);
                          (ii) the cost of the project or strategy 
                      relative to the contribution and benefits assessed 
                      and scored under clause (i); and
                          (iii) public support;
                    (C) use the scores assigned under subparagraph (B) 
                to guide project selection in the development of the 
                transportation plan and transportation improvement 
                program; and
                    (D) ensure that the public--
                          (i) <<NOTE: Public comment.>>  has 
                      opportunities to provide public comment on 
                      projects before decisions are made on the 
                      transportation plan and the transportation 
                      improvement program; and
                          (ii) has access to clear reasons why each 
                      project or strategy was selected or not selected.
            (2) Requirements.--An eligible entity that receives a grant 
        under the prioritization process pilot program shall use the 
        funds as described in each of the following, as applicable:
                    (A) Metropolitan transportation planning.--In the 
                case of a metropolitan planning organization that serves 
                an area with a population of over 200,000, the entity 
                shall--
                          (i) develop and implement a publicly 
                      accessible, transparent prioritization process for 
                      the selection of projects for inclusion on the 
                      transportation plan for the metropolitan planning 
                      area under section 134(i) of title 23, United 
                      States Code, and section 5303(i) of title 49, 
                      United States Code, which shall--
                                    (I) <<NOTE: Criteria.>>  include 
                                criteria identified by the metropolitan 
                                planning organization, which may be 
                                weighted to reflect the priority 
                                objectives developed under paragraph 
                                (1)(A), that the metropolitan planning 
                                organization has determined support--

[[Page 135 STAT. 522]]

                                            (aa) factors described in 
                                        section 134(h) of title 23, 
                                        United States Code, and section 
                                        5303(h) of title 49, United 
                                        States Code;
                                            (bb) targets for national 
                                        performance measures under 
                                        section 150(b) of title 23, 
                                        United States Code;
                                            (cc) applicable 
                                        transportation goals in the 
                                        metropolitan planning area or 
                                        State set by the applicable 
                                        transportation agency; and
                                            (dd) priority objectives 
                                        developed under paragraph 
                                        (1)(A);
                                    (II) <<NOTE: Evaluation.>>  evaluate 
                                the outcomes for each proposed project 
                                on the basis of the benefits of the 
                                proposed project with respect to each of 
                                the criteria described in subclause (I) 
                                relative to the cost of the proposed 
                                project; and
                                    (III) <<NOTE: List.>>  use the 
                                evaluation under subclause (II) to 
                                create a ranked list of proposed 
                                projects; and
                          (ii) with respect to the priority list under 
                      section 134(j)(2)(A) of title 23 and section 
                      5303(j)(2)(A) of title 49, United States Code, 
                      include projects according to the rank of the 
                      project under clause (i)(III), except as provided 
                      in subparagraph (D).
                    (B) Statewide transportation planning.--In the case 
                of a State, the State shall--
                          (i) develop and implement a publicly 
                      accessible, transparent process for the selection 
                      of projects for inclusion on the long-range 
                      statewide transportation plan under section 135(f) 
                      of title 23, United States Code, which shall--
                                    (I) <<NOTE: Criteria.>>  include 
                                criteria identified by the State, which 
                                may be weighted to reflect statewide 
                                priorities, that the State has 
                                determined support--
                                            (aa) factors described in 
                                        section 135(d) of title 23, 
                                        United States Code, and section 
                                        5304(d) of title 49, United 
                                        States Code;
                                            (bb) national transportation 
                                        goals under section 150(b) of 
                                        title 23, United States Code;
                                            (cc) applicable 
                                        transportation goals in the 
                                        State; and
                                            (dd) the priority objectives 
                                        developed under paragraph 
                                        (1)(A);
                                    (II) <<NOTE: Evaluation.>>  evaluate 
                                the outcomes for each proposed project 
                                on the basis of the benefits of the 
                                proposed project with respect to each of 
                                the criteria described in subclause (I) 
                                relative to the cost of the proposed 
                                project; and
                                    (III) <<NOTE: List.>>  use the 
                                evaluation under subclause (II) to 
                                create a ranked list of proposed 
                                projects; and
                          (ii) with respect to the statewide 
                      transportation improvement program under section 
                      135(g) of title 23, United States Code, and 
                      section 5304(g) of title 49, United States Code, 
                      include projects according to the rank of the 
                      project under clause (i)(III), except as provided 
                      in subparagraph (D).
                    (C) Additional transportation planning.--If the 
                eligible entity has implemented, and has in effect, the

[[Page 135 STAT. 523]]

                requirements under subparagraph (A) or (B), as 
                applicable, the eligible entity may use any remaining 
                funds from a grant provided under the pilot program for 
                any transportation planning purpose.
                    (D) <<NOTE: Public information.>>  Exceptions to 
                priority ranking.--In the case of any project that the 
                eligible entity chooses to include or not include in the 
                transportation improvement program under section 134(j) 
                of title 23, United States Code, or the statewide 
                transportation improvement program under section 135(g) 
                of title 23, United States Code, as applicable, in a 
                manner that is contrary to the priority ranking for that 
                project established under subparagraph (A)(i)(III) or 
                (B)(i)(III), the eligible entity shall make publicly 
                available an explanation for the decision, including--
                          (i) <<NOTE: Review.>>  a review of public 
                      comments regarding the project;
                          (ii) <<NOTE: Evaluation.>>  an evaluation of 
                      public support for the project;
                          (iii) <<NOTE: Assessment.>>  an assessment of 
                      geographic balance of projects of the eligible 
                      entity; and
                          (iv) the number of projects of the eligible 
                      entity in economically distressed areas.
            (3) Maximum amount.--The maximum amount of a grant under the 
        prioritization process pilot program is $2,000,000.

    (d) Applications.--To be eligible to participate in the 
prioritization process pilot program, an eligible entity shall submit to 
the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require.
SEC. 11205. <<NOTE: 23 USC 134 note.>>  TRAVEL DEMAND DATA AND 
                            MODELING.

    (a) Definition of Metropolitan Planning Organization.--In this 
section, the term ``metropolitan planning organization'' has the meaning 
given the term in section 134(b) of title 23, United States Code.
    (b) Study.--
            (1) <<NOTE: Deadline. Time period.>>  In general.--Not later 
        than 2 years after the date of enactment of this Act, and not 
        less frequently than once every 5 years thereafter, the 
        Secretary shall carry out a study that--
                    (A) gathers travel data and travel demand forecasts 
                from a representative sample of States and metropolitan 
                planning organizations;
                    (B) uses the data and forecasts gathered under 
                subparagraph (A) to compare travel demand forecasts with 
                the observed data, including--
                          (i) traffic counts;
                          (ii) travel mode share and public transit 
                      ridership; and
                          (iii) vehicle occupancy measures; and
                    (C) uses the information described in subparagraphs 
                (A) and (B)--
                          (i) to develop best practices or guidance for 
                      States and metropolitan planning organizations to 
                      use in forecasting travel demand for future 
                      investments in transportation improvements;
                          (ii) <<NOTE: Evaluation.>>  to evaluate the 
                      impact of transportation investments, including 
                      new roadway capacity, on travel

[[Page 135 STAT. 524]]

                      behavior and travel demand, including public 
                      transportation ridership, induced highway travel, 
                      and congestion;
                          (iii) to support more accurate travel demand 
                      forecasting by States and metropolitan planning 
                      organizations; and
                          (iv) to enhance the capacity of States and 
                      metropolitan planning organizations--
                                    (I) to forecast travel demand; and
                                    (II) to track observed travel 
                                behavior responses, including induced 
                                travel, to changes in transportation 
                                capacity, pricing, and land use 
                                patterns.
            (2) Secretarial support.--The Secretary shall seek 
        opportunities to support the transportation planning processes 
        under sections 134 and 135 of title 23, United States Code, 
        through the provision of data to States and metropolitan 
        planning organizations to improve the quality of plans, models, 
        and forecasts described in this subsection.
            (3) <<NOTE: Public information.>>  Evaluation tool.--The 
        Secretary shall develop a publicly available multimodal web-
        based tool for the purpose of enabling States and metropolitan 
        planning organizations to evaluate the effect of investments in 
        highway and public transportation projects on the use and 
        conditions of all transportation assets within the State or area 
        served by the metropolitan planning organization, as applicable.
SEC. 11206. <<NOTE: 23 USC 134 note.>>  INCREASING SAFE AND 
                            ACCESSIBLE TRANSPORTATION OPTIONS.

    (a) Definition of Complete Streets Standards or Policies.--In this 
section, the term ``Complete Streets standards or policies'' means 
standards or policies that ensure the safe and adequate accommodation of 
all users of the transportation system, including pedestrians, 
bicyclists, public transportation users, children, older individuals, 
individuals with disabilities, motorists, and freight vehicles.
    (b) Funding Requirement.--Notwithstanding any other provision of 
law, each State and metropolitan planning organization shall use to 
carry out 1 or more activities described in subsection (c)--
            (1) in the case of a State, not less than 2.5 percent of the 
        amounts made available to the State to carry out section 505 of 
        title 23, United States Code; and
            (2) in the case of a metropolitan planning organization, not 
        less than 2.5 percent of the amounts made available to the 
        metropolitan planning organization under section 104(d) of title 
        23, United States Code.

    (c) Activities Described.--An activity referred to in subsection (b) 
is an activity to increase safe and accessible options for multiple 
travel modes for people of all ages and abilities, which, if permissible 
under applicable State and local laws, may include--
            (1) adoption of Complete Streets standards or policies;
            (2) development of a Complete Streets prioritization plan 
        that identifies a specific list of Complete Streets projects to 
        improve the safety, mobility, or accessibility of a street;
            (3) development of transportation plans--

[[Page 135 STAT. 525]]

                    (A) to create a network of active transportation 
                facilities, including sidewalks, bikeways, or pedestrian 
                and bicycle trails, to connect neighborhoods with 
                destinations such as workplaces, schools, residences, 
                businesses, recreation areas, healthcare and child care 
                services, or other community activity centers;
                    (B) to integrate active transportation facilities 
                with public transportation service or improve access to 
                public transportation;
                    (C) to create multiuse active transportation 
                infrastructure facilities, including bikeways or 
                pedestrian and bicycle trails, that make connections 
                within or between communities;
                    (D) to increase public transportation ridership; and
                    (E) to improve the safety of bicyclists and 
                pedestrians;
            (4) regional and megaregional planning to address travel 
        demand and capacity constraints through alternatives to new 
        highway capacity, including through intercity passenger rail; 
        and
            (5) development of transportation plans and policies that 
        support transit-oriented development.

    (d) <<NOTE: Determination.>>  Federal Share.--The Federal share of 
the cost of an activity carried out under this section shall be 80 
percent, unless the Secretary determines that the interests of the 
Federal-aid highway program would be best served by decreasing or 
eliminating the non-Federal share.

    (e) <<NOTE: Deadline.>>  State Flexibility.--A State or metropolitan 
planning organization, with the approval of the Secretary, may opt out 
of the requirements of this section if the State or metropolitan 
planning organization demonstrates to the Secretary, by not later than 
30 days before the Secretary apportions funds for a fiscal year under 
section 104, that the State or metropolitan planning organization--
            (1) has Complete Streets standards and policies in place; 
        and
            (2) has developed an up-to-date Complete Streets 
        prioritization plan as described in subsection (c)(2).

          Subtitle C--Project Delivery and Process Improvement

SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.

    (a) In General.--Section 139 of title 23, United States Code, is 
amended--
            (1) in the section heading, by striking ``decisionmaking'' 
        and inserting ``decisionmaking and One Federal Decision'';
            (2) in subsection (a)--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (4), (5), (6), (8), (9), (10), and (11), 
                respectively;
                    (B) <<NOTE: Definitions.>>  by inserting after 
                paragraph (1) the following:
            ``(2) Authorization.--The term `authorization' means any 
        environmental license, permit, approval, finding, or other 
        administrative decision related to the environmental review 
        process that is required under Federal law to site, construct, 
        or reconstruct a project.

[[Page 135 STAT. 526]]

            ``(3) Environmental document.--The term `environmental 
        document' includes an environmental assessment, finding of no 
        significant impact, notice of intent, environmental impact 
        statement, or record of decision under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';
                    (C) in subparagraph (B) of paragraph (5) (as so 
                redesignated), by striking ``process for and completion 
                of any environmental permit'' and inserting ``process 
                and schedule, including a timetable for and completion 
                of any environmental permit''; and
                    (D) by inserting after paragraph (6) (as so 
                redesignated) the following:
            ``(7) <<NOTE: Definitions.>>  Major project.--
                    ``(A) In general.--The term `major project' means a 
                project for which--
                          ``(i) multiple permits, approvals, reviews, or 
                      studies are required under a Federal law other 
                      than the National Environmental Policy Act of 1969 
                      (42 U.S.C. 4321 et seq.);
                          ``(ii) the project sponsor has identified the 
                      reasonable availability of funds sufficient to 
                      complete the project;
                          ``(iii) the project is not a covered project 
                      (as defined in section 41001 of the FAST Act (42 
                      U.S.C. 4370m)); and
                          ``(iv)(I) <<NOTE: Determinations.>>  the head 
                      of the lead agency has determined that an 
                      environmental impact statement is required; or
                          ``(II) the head of the lead agency has 
                      determined that an environmental assessment is 
                      required, and the project sponsor requests that 
                      the project be treated as a major project.
                    ``(B) Clarification.--In this section, the term 
                `major project' does not have the same meaning as the 
                term `major project' as described in section 106(h).'';
            (3) in subsection (b)(1)--
                    (A) by inserting ``, including major projects,'' 
                after ``all projects''; and
                    (B) by inserting ``as requested by a project sponsor 
                and'' after ``applied,'';
            (4) in subsection (c)--
                    (A) in paragraph (6)--
                          (i) in subparagraph (B), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (C), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(D) to calculate annually the average time taken 
                by the lead agency to complete all environmental 
                documents for each project during the previous fiscal 
                year.''; and
                    (B) by adding at the end the following:
            ``(7) Process improvements for projects.--
                    ``(A) <<NOTE: Reviews.>>  In general.--The Secretary 
                shall review--
                          ``(i) existing practices, procedures, rules, 
                      regulations, and applicable laws to identify 
                      impediments to meeting the requirements applicable 
                      to projects under this section; and

[[Page 135 STAT. 527]]

                          ``(ii) best practices, programmatic 
                      agreements, and potential changes to internal 
                      departmental procedures that would facilitate an 
                      efficient environmental review process for 
                      projects.
                    ``(B) Consultation.--In conducting the review under 
                subparagraph (A), the Secretary shall consult, as 
                appropriate, with the heads of other Federal agencies 
                that participate in the environmental review process.
                    ``(C) Report.--Not later than 2 years after the date 
                of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                that includes--
                          ``(i) the results of the review under 
                      subparagraph (A); and
                          ``(ii) <<NOTE: Analysis.>>  an analysis of 
                      whether additional funding would help the 
                      Secretary meet the requirements applicable to 
                      projects under this section.'';
            (5) in subsection (d)--
                    (A) in paragraph (8)--
                          (i) in the paragraph heading, by striking 
                      ``NEPA'' and inserting ``environmental'';
                          (ii) in subparagraph (A)--
                                    (I) by inserting ``and except as 
                                provided in subparagraph (D)'' after 
                                ``paragraph (7)'';
                                    (II) by striking ``permits'' and 
                                inserting ``authorizations''; and
                                    (III) by striking ``single 
                                environment document'' and inserting 
                                ``single environmental document for each 
                                kind of environmental document'';
                          (iii) in subparagraph (B)(i)--
                                    (I) by striking ``an environmental 
                                document'' and inserting ``environmental 
                                documents''; and
                                    (II) by striking ``permits issued'' 
                                and inserting ``authorizations''; and
                          (iv) by adding at the end the following:
                    ``(D) <<NOTE: Waiver authority.>>  Exceptions.--The 
                lead agency may waive the application of subparagraph 
                (A) with respect to a project if--
                          ``(i) the project sponsor requests that 
                      agencies issue separate environmental documents;
                          ``(ii) the obligations of a cooperating agency 
                      or participating agency under the National 
                      Environmental Policy Act of 1969 (42 U.S.C. 4321 
                      et seq.) have already been satisfied with respect 
                      to the project; or
                          ``(iii) <<NOTE: Determination.>>  the lead 
                      agency determines that reliance on a single 
                      environmental document (as described in 
                      subparagraph (A)) would not facilitate timely 
                      completion of the environmental review process for 
                      the project.''; and
                    (B) by adding at the end the following:
            ``(10) Timely authorizations for major projects.--
                    ``(A) Deadline.--Except as provided in subparagraph 
                (C), all authorization decisions necessary for the 
                construction of a major project shall be completed by 
                not later

[[Page 135 STAT. 528]]

                than 90 days after the date of the issuance of a record 
                of decision for the major project.
                    ``(B) Detail.--The final environmental impact 
                statement for a major project shall include an adequate 
                level of detail to inform decisions necessary for the 
                role of the participating agencies and cooperating 
                agencies in the environmental review process.
                    ``(C) Extension of deadline.--The head of the lead 
                agency may extend the deadline under subparagraph (A) 
                if--
                          ``(i) Federal law prohibits the lead agency or 
                      another agency from issuing an approval or permit 
                      within the period described in that subparagraph;
                          ``(ii) the project sponsor requests that the 
                      permit or approval follow a different timeline; or
                          ``(iii) an extension would facilitate 
                      completion of the environmental review and 
                      authorization process of the major project.'';
            (6) in subsection (g)(1)--
                    (A) in subparagraph (B)--
                          (i) in clause (ii)(IV), by striking ``schedule 
                      for and cost of'' and inserting ``time required by 
                      an agency to conduct an environmental review and 
                      make decisions under applicable Federal law 
                      relating to a project (including the issuance or 
                      denial of a permit or license) and the cost of''; 
                      and
                          (ii) by adding at the end the following:
                          ``(iii) <<NOTE: Time period.>>  Major project 
                      schedule.--To the maximum extent practicable and 
                      consistent with applicable Federal law, in the 
                      case of a major project, the lead agency shall 
                      develop, in concurrence with the project sponsor, 
                      a schedule for the major project that is 
                      consistent with an agency average of not more than 
                      2 years for the completion of the environmental 
                      review process for major projects, as measured 
                      from, as applicable--
                                    ``(I) the date of publication of a 
                                notice of intent to prepare an 
                                environmental impact statement to the 
                                record of decision; or
                                    ``(II) <<NOTE: Determination.>>  the 
                                date on which the head of the lead 
                                agency determines that an environmental 
                                assessment is required to a finding of 
                                no significant impact.'';
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) Modification.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), the lead agency may lengthen or 
                      shorten a schedule established under subparagraph 
                      (B) for good cause.
                          ``(ii) Exceptions.--
                                    ``(I) <<NOTE: Time period.>>  Major 
                                projects.--In the case of a major 
                                project, the lead agency may lengthen a 
                                schedule under clause (i) for a 
                                cooperating Federal agency by not more 
                                than 1 year after the latest deadline 
                                established for the major project by the 
                                lead agency.
                                    ``(II) Shortened schedules.--The 
                                lead agency may not shorten a schedule 
                                under clause

[[Page 135 STAT. 529]]

                                (i) if doing so would impair the ability 
                                of a cooperating Federal agency to 
                                conduct necessary analyses or otherwise 
                                carry out relevant obligations of the 
                                Federal agency for the project.'';
                    (C) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (D) by inserting after subparagraph (D) the 
                following:
                    ``(E) Failure to meet deadline.--If a cooperating 
                Federal agency fails to meet a deadline established 
                under subparagraph (D)(ii)(I)--
                          ``(i) <<NOTE: Reports.>>  the cooperating 
                      Federal agency shall submit to the Secretary a 
                      report that describes the reasons why the deadline 
                      was not met; and
                          ``(ii) the Secretary shall--
                                    ``(I) <<NOTE: Records.>>  transmit 
                                to the Committee on Environment and 
                                Public Works of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives a copy of the report 
                                under clause (i); and
                                    ``(II) <<NOTE: Public 
                                information. Web posting.>>  make the 
                                report under clause (i) publicly 
                                available on the internet.'';
            (7) in subsection (n), by adding at the end the following:
            ``(3) Length of environmental document.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and except as provided in subparagraph 
                (B), to the maximum extent practicable, the text of the 
                items described in paragraphs (4) through (6) of section 
                1502.10(a) of title 40, Code of Federal Regulations (or 
                successor regulations), of an environmental impact 
                statement for a project shall be 200 pages or fewer.
                    ``(B) Exemption.--An environmental impact statement 
                for a project may exceed 200 pages, if the lead agency 
                establishes a new page limit for the environmental 
                impact statement for that project.''; and
            (8) by adding at the end the following:

    ``(p) Accountability and Reporting for Major Projects.--
            ``(1) In general.--The Secretary shall establish a 
        performance accountability system to track each major project.
            ``(2) Requirements.--The performance accountability system 
        under paragraph (1) shall, for each major project, track, at a 
        minimum--
                    ``(A) the environmental review process for the major 
                project, including the project schedule;
                    ``(B) whether the lead agency, cooperating agencies, 
                and participating agencies are meeting the schedule 
                established for the environmental review process; and
                    ``(C) the time taken to complete the environmental 
                review process.

    ``(q) Development of Categorical Exclusions.--
            ``(1) <<NOTE: Deadline. Time period.>>  In general.--Not 
        later than 60 days after the date of enactment of this 
        subsection, and every 4 years thereafter, the Secretary shall--
                    ``(A) <<NOTE: Consultation.>>  in consultation with 
                the agencies described in paragraph (2), identify the 
                categorical exclusions described in section 771.117 of 
                title 23, Code of Federal Regulations (or successor 
                regulations), that would accelerate delivery

[[Page 135 STAT. 530]]

                of a project if those categorical exclusions were 
                available to those agencies;
                    ``(B) collect existing documentation and 
                substantiating information on the categorical exclusions 
                described in subparagraph (A); and
                    ``(C) provide to each agency described in paragraph 
                (2)--
                          ``(i) <<NOTE: List.>>  a list of the 
                      categorical exclusions identified under 
                      subparagraph (A); and
                          ``(ii) the documentation and substantiating 
                      information under subparagraph (B).
            ``(2) Agencies described.--The agencies referred to in 
        paragraph (1) are--
                    ``(A) the Department of the Interior;
                    ``(B) the Department of the Army;
                    ``(C) the Department of Commerce;
                    ``(D) the Department of Agriculture;
                    ``(E) the Department of Energy;
                    ``(F) the Department of Defense; and
                    ``(G) any other Federal agency that has participated 
                in an environmental review process for a project, as 
                determined by the Secretary.
            ``(3) Adoption of categorical exclusions.--
                    
                ``(A) <<NOTE: Deadline. Publication. Notice. Regulations.
                >>  In general.--Not later than 1 year after the date on 
                which the Secretary provides a list under paragraph 
                (1)(C), an agency described in paragraph (2) shall 
                publish a notice of proposed rulemaking to propose any 
                categorical exclusions from the list applicable to the 
                agency, subject to the condition that the categorical 
                exclusion identified under paragraph (1)(A) meets the 
                criteria for a categorical exclusion under section 
                1508.1 of title 40, Code of Federal Regulations (or 
                successor regulations).
                    ``(B) Public comment.--In a notice of proposed 
                rulemaking under subparagraph (A), the applicable agency 
                may solicit comments on whether any of the proposed new 
                categorical exclusions meet the criteria for a 
                categorical exclusion under section 1508.1 of title 40, 
                Code of Federal Regulations (or successor 
                regulations).''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC 101 prec.>>  is amended by striking 
the item relating to section 139 and inserting the following:

``139. Efficient environmental reviews for project decisionmaking and 
           One Federal Decision.''.

SEC. 11302. <<NOTE: Time period. 23 USC 401 note.>>  WORK ZONE 
                            PROCESS REVIEWS.

    The Secretary shall amend section 630.1008(e) of title 23, Code of 
Federal Regulations, to ensure that the work zone process review under 
that subsection is required not more frequently than once every 5 years.
SEC. 11303. <<NOTE: Time period. 23 USC 401 note.>>  
                            TRANSPORTATION MANAGEMENT PLANS.

    (a) In General.--The Secretary shall amend section 630.1010(c) of 
title 23, Code of Federal Regulations, to ensure that only a project 
described in that subsection with a lane closure for 3 or more 
consecutive days shall be considered to be a significant project for 
purposes of that section.

[[Page 135 STAT. 531]]

    (b) Non-Interstate Projects.--Notwithstanding any other provision of 
law, a State shall not be required to develop or implement a 
transportation management plan (as described in section 630.1012 of 
title 23, Code of Federal Regulations (or successor regulations)) for a 
highway project not on the Interstate System if the project requires not 
more than 3 consecutive days of lane closures.
SEC. 11304. <<NOTE: 23 USC 502 note.>>  INTELLIGENT TRANSPORTATION 
                            SYSTEMS.

    (a) In General.--The Secretary shall develop guidance for using 
existing flexibilities with respect to the systems engineering analysis 
described in part 940 of title 23, Code of Federal Regulations (or 
successor regulations).
    (b) Implementation.--The Secretary shall ensure that any guidance 
developed under subsection (a)--
            (1) <<NOTE: Criteria.>>  clearly identifies criteria for 
        low-risk and exempt intelligent transportation systems projects, 
        with a goal of minimizing unnecessary delay or paperwork burden;
            (2) is consistently implemented by the Department 
        nationwide; and
            (3) is disseminated to Federal-aid recipients.

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

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

[[Page 135 STAT. 532]]

                    ``(B) modifies the point of obligation of Federal 
                salaries and expenses.''.

    (b) Cooperation With Federal and State Agencies and Foreign 
Countries.--Section 308(a) of title 23, United States Code, is amended 
by adding at the end the following:
            ``(4) Alternative contracting methods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law (including the Federal Acquisition 
                Regulation), in performing services under paragraph (1), 
                the Secretary may use any contracting method available 
                to a State under this title.
                    ``(B) Methods described.--The contracting methods 
                referred to in subparagraph (A) shall include, at a 
                minimum--
                          ``(i) project bundling;
                          ``(ii) bridge bundling;
                          ``(iii) design-build contracting;
                          ``(iv) 2-phase contracting;
                          ``(v) long-term concession agreements; and
                          ``(vi) any method tested, or that could be 
                      tested, under an experimental program relating to 
                      contracting methods carried out by the 
                      Secretary.''.

    (c) <<NOTE: 23 USC 201 note.>>  Use of Alternative Contracting 
Methods.--In carrying out an alternative contracting method under 
section 201(f) or 308(a)(4) of title 23, United States Code, the 
Secretary shall--
            (1) <<NOTE: Consultation. Procedures.>>  in consultation 
        with the applicable Federal land management agencies, establish 
        clear procedures that are--
                    (A) applicable to the alternative contracting 
                method; and
                    (B) to the maximum extent practicable, consistent 
                with the requirements applicable to Federal procurement 
                transactions;
            (2) solicit input on the use of the alternative contracting 
        method from the affected industry prior to using the method; and
            (3) <<NOTE: Analysis. Evaluation.>>  analyze and prepare an 
        evaluation of the use of the alternative contracting method.
SEC. 11306. FLEXIBILITY FOR PROJECTS.

    Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114-94) 
is amended--
            (1) <<NOTE: Determination.>>  in subsection (a), by striking 
        ``and on request by a State, the Secretary may'' in the matter 
        preceding paragraph (1) and all that follows through the period 
        at the end of paragraph (2) and inserting the following: ``, on 
        request by a State, and if in the public interest (as determined 
        by the Secretary), the Secretary shall exercise all existing 
        flexibilities under--
            ``(1) the requirements of title 23, United States Code; and
            ``(2) other requirements administered by the Secretary, in 
        whole or in part.''; and
            (2) in subsection (b)(2)(A), by inserting ``(including 
        regulations)'' after ``environmental law''.
SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT 
                            AGREEMENTS.

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

[[Page 135 STAT. 533]]

            (1) includes all standard terms found in stewardship and 
        oversight agreements, including any terms in an attachment to 
        the agreement;
            (2) is developed in accordance with section 106 of title 23, 
        United States Code, or any other applicable authority; and
            (3) may be developed with consideration of relevant 
        regulations, guidance, or policies.

    (b) Request for Comment.--
            (1) <<NOTE: Deadline. Federal 
        Register, publication. Notice.>>  In general.--Not later than 60 
        days after the date of enactment of this Act, the Secretary 
        shall publish in the Federal Register the template and a notice 
        requesting public comment on ways to improve the template.
            (2) Comment period.--The Secretary shall provide a period of 
        not less than 60 days for public comment on the notice under 
        paragraph (1).
            (3) Certain issues.--The notice under paragraph (1) shall 
        allow comment on any aspect of the template and shall 
        specifically request public comment on--
                    (A) whether the template should be revised to delete 
                standard terms requiring approval by the Secretary of 
                the policies, procedures, processes, or manuals of the 
                States, or other State actions, if Federal law 
                (including regulations) does not specifically require an 
                approval;
                    (B) opportunities to modify the template to allow 
                adjustments to the review schedules for State practices 
                or actions, including through risk-based approaches, 
                program reviews, process reviews, or other means; and
                    (C) any other matters that the Secretary determines 
                to be appropriate.

    (c) Notice of Action; Updates.--
            (1) <<NOTE: Deadline. Federal Register, publication.>>  In 
        general.--Not later than 1 year after the date of enactment of 
        this Act, after considering the comments received in response to 
        the Federal Register notice under subsection (b), the Secretary 
        shall publish in the Federal Register a notice that--
                    (A) describes any proposed changes to be made, and 
                any alternatives to such changes, to the template;
                    (B) addresses comments in response to which changes 
                were not made to the template; and
                    (C) <<NOTE: Schedule. Plan.>>  prescribes a schedule 
                and a plan to execute a process for implementing the 
                changes referred to in subparagraph (A).
            (2) Approval requirements.--In addressing comments under 
        paragraph (1)(B), the Secretary shall include an explanation of 
        the basis for retaining any requirement for approval of State 
        policies, procedures, processes, or manuals, or other State 
        actions, if Federal law (including regulations) does not 
        specifically require the approval.
            (3) <<NOTE: Deadlines.>>  Implementation.--
                    (A) In general.--Not later than 60 days after the 
                date on which the notice under paragraph (1) is 
                published, the Secretary shall make changes to the 
                template in accordance with--
                          (i) the changes described in the notice under 
                      paragraph (1)(A); and

[[Page 135 STAT. 534]]

                          (ii) the schedule and plan described in the 
                      notice under paragraph (1)(C).
                    (B) Updates.--Not later than 1 year after the date 
                on which the revised template under subparagraph (A) is 
                published, the Secretary shall update existing 
                agreements with States according to the template updated 
                under subparagraph (A).

    (d) Inclusion of Non-standard Terms.--Nothing in this section 
precludes the inclusion in a Federal-State stewardship and oversight 
agreement of non-standard terms to address a State-specific matter, 
including risk-based stewardship and Department oversight involvement in 
individual projects of division interest.
    (e) Compliance With Non-statutory Terms.--
            (1) In general.--The Secretary shall not enforce or 
        otherwise require a State to comply with approval requirements 
        that are not required by Federal law (including regulations) in 
        a Federal-State stewardship and oversight agreement.
            (2) Approval authority.--Notwithstanding any other provision 
        of law, the Secretary shall not assert approval authority over 
        any matter in a Federal-State stewardship and oversight 
        agreement reserved to States.

    (f) Frequency of Reviews.--Section 106(g)(3) of title 23, United 
States Code, is amended--
            (1) by striking ``annual'';
            (2) by striking ``The Secretary'' and inserting the 
        following:
                    ``(A) In general.--The Secretary''; and
            (3) by adding at the end the following:
                    ``(B) <<NOTE: Determinations.>>  Frequency.--
                          ``(i) In general.--Except as provided in 
                      clauses (ii) and (iii), the Secretary shall carry 
                      out a review under subparagraph (A) not less 
                      frequently than once every 2 years.
                          ``(ii) Consultation with state.--The 
                      Secretary, after consultation with a State, may 
                      make a determination to carry out a review under 
                      subparagraph (A) for that State less frequently 
                      than provided under clause (i).
                          ``(iii) Cause.--If the Secretary determines 
                      that there is a specific reason to require a 
                      review more frequently than provided under clause 
                      (i) with respect to a State, the Secretary may 
                      carry out a review more frequently than provided 
                      under that clause.''.
SEC. 11308. <<NOTE: 49 USC 301 note.>>  GEOMATIC DATA.

    (a) In General.--The Secretary shall develop guidance for the 
acceptance and use of information obtained from a non-Federal entity 
through geomatic techniques, including remote sensing and land 
surveying, cartography, geographic information systems, global 
navigation satellite systems, photogrammetry, or other remote means.
    (b) Considerations.--In carrying out this section, the Secretary 
shall ensure that acceptance or use of information described in 
subsection (a) meets the data quality and operational requirements of 
the Secretary.
    (c) Public Comment.--Before issuing any final guidance under 
subsection (a), the Secretary shall provide to the public--
            (1) <<NOTE: Notice.>>  notice of the proposed guidance; and

[[Page 135 STAT. 535]]

            (2) an opportunity to comment on the proposed guidance.

    (d) Savings Clause.--Nothing in this section--
            (1) requires the Secretary to accept or use information that 
        the Secretary determines does not meet the guidance developed 
        under this section; or
            (2) changes the current statutory or regulatory requirements 
        of the Department.
SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF-
                            WAY.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 331. <<NOTE: 23 USC 331.>>  Evaluation of projects within 
                an operational right-of-way

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

    ``(b) Action Required.--
            ``(1) <<NOTE: Deadline.>>  In general.--Subject to paragraph 
        (2), not later than 45 days after the date of receipt of an 
        application by a State for a permit, approval, or jurisdictional 
        determination for an

[[Page 135 STAT. 536]]

        eligible project or activity, the head of the relevant agency 
        shall--
                    ``(A) <<NOTE: Evaluation.>>  make at least a 
                preliminary evaluation of the application; and
                    ``(B) <<NOTE: Notification.>>  notify the State of 
                the results of the preliminary evaluation under 
                subparagraph (A).
            ``(2) <<NOTE: Notice.>>  Extension.--The head of the 
        relevant agency may extend the review period under paragraph (1) 
        by not more than 30 days if the head of the relevant agency 
        provides to the State written notice that includes an 
        explanation of the need for the extension.
            ``(3) Failure to act.--If the head of the relevant agency 
        fails to meet a deadline under paragraph (1) or (2), as 
        applicable, the head of the relevant agency shall--
                    ``(A) <<NOTE: Reports.>>  not later than 30 days 
                after the date of the missed deadline, submit to the 
                State, the Committee on Environment and Public Works of 
                the Senate, and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                that describes why the deadline was missed; and
                    ``(B) <<NOTE: Deadline. Public information. Web 
                posting. Records.>>  not later than 14 days after the 
                date on which a report is submitted under subparagraph 
                (A), make publicly available, including on the internet, 
                a copy of that report.''.

    (b) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code, <<NOTE: 23 USC 301 prec.>>  is amended by adding at 
the end the following:

``331. Evaluation of projects within an operational right-of-way.''.

SEC. 11310. PRELIMINARY ENGINEERING.

    (a) In General.--Section 102 of title 23, United States Code, is 
amended--
            (1) by striking subsection (b); and
            (2) in subsection (a), in the second sentence, by striking 
        ``Nothing in this subsection'' and inserting the following:

    ``(b) Savings Provision.--Nothing in this section''.
    (b) Conforming Amendment.--Section 144(j) of title 23, United States 
Code, is amended by striking paragraph (6).
SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND 
                            MANAGEMENT PROJECTS.

    Section 203 of title 23, United States Code, is amended by adding at 
the end the following:
    ``(e) Efficient Implementation of NEPA.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Environmental document.--The term 
                `environmental document' means an environmental impact 
                statement, environmental assessment, categorical 
                exclusion, or other document prepared under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
                    ``(B) Project.--The term `project' means a highway 
                project, public transportation capital project, or 
                multimodal project that--
                          ``(i) receives funds under this title; and
                          ``(ii) is authorized under this section or 
                      section 204.

[[Page 135 STAT. 537]]

                    ``(C) Project sponsor.--The term `project sponsor' 
                means the Federal land management agency that seeks or 
                receives funds under this title for a project.
            ``(2) Environmental review to be completed by federal 
        highway administration.--The Federal Highway Administration may 
        prepare an environmental document pursuant to the implementing 
        procedures of the Federal Highway Administration to comply with 
        the requirements of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) if--
                    ``(A) requested by a project sponsor; and
                    ``(B) all areas of analysis required by the project 
                sponsor can be addressed.
            ``(3) Federal land management agencies adoption of existing 
        environmental review documents.--
                    ``(A) In general.--To the maximum extent 
                practicable, if the Federal Highway Administration 
                prepares an environmental document pursuant to paragraph 
                (2), that environmental document shall address all areas 
                of analysis required by a Federal land management 
                agency.
                    ``(B) Independent evaluation.--Notwithstanding any 
                other provision of law, a Federal land management agency 
                shall not be required to conduct an independent 
                evaluation to determine the adequacy of an environmental 
                document prepared by the Federal Highway Administration 
                pursuant to paragraph (2).
                    ``(C) Use of same document.--In authorizing or 
                implementing a project, a Federal land management agency 
                may use an environmental document previously prepared by 
                the Federal Highway Administration for a project 
                addressing the same or substantially the same action to 
                the same extent that the Federal land management agency 
                could adopt or use a document previously prepared by 
                another Federal agency.
            ``(4) Application by federal land management agencies of 
        categorical exclusions established by federal highway 
        administration.--In carrying out requirements under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a 
        project, the project sponsor may use categorical exclusions 
        designated under that Act in the implementing regulations of the 
        Federal Highway Administration, subject to the conditions that--
                    
                ``(A) <<NOTE: Determination. Consultation. Applicability.
                >>  the project sponsor makes a determination, in 
                consultation with the Federal Highway Administration, 
                that the categorical exclusion applies to the project;
                    ``(B) the project satisfies the conditions for a 
                categorical exclusion under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
                    ``(C) the use of the categorical exclusion does not 
                otherwise conflict with the implementing regulations of 
                the project sponsor, except any list of the project 
                sponsor that designates categorical exclusions.
            ``(5) Mitigation commitments.--The Secretary shall assist 
        the Federal land management agency with all design and 
        mitigation commitments made jointly by the Secretary and the 
        project sponsor in any environmental document prepared by the 
        Secretary in accordance with this subsection.''.

[[Page 135 STAT. 538]]

SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING 
                            PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 156 the following:
``Sec. 157. <<NOTE: 23 USC 157.>>  National Environmental Policy 
                Act of 1969 reporting program

    ``(a) Definitions.--In this section:
            ``(1) Categorical exclusion.--The term `categorical 
        exclusion' has the meaning given the term in section 771.117(c) 
        of title 23, Code of Federal Regulations (or a successor 
        regulation).
            ``(2) Documented categorical exclusion.--The term 
        `documented categorical exclusion' has the meaning given the 
        term in section 771.117(d) of title 23, Code of Federal 
        Regulations (or a successor regulation).
            ``(3) Environmental assessment.--The term `environmental 
        assessment' has the meaning given the term in section 1508.1 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation).
            ``(4) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed statement 
        required under section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            ``(5) Federal agency.--The term `Federal agency' includes a 
        State that has assumed responsibility under section 327.
            ``(6) NEPA process.--The term `NEPA process' means the 
        entirety of the development and documentation of the analysis 
        required under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), including the assessment and analysis of 
        any impacts, alternatives, and mitigation of a proposed action, 
        and any interagency participation and public involvement 
        required to be carried out before the Secretary undertakes a 
        proposed action.
            ``(7) Proposed action.--The term `proposed action' means an 
        action (within the meaning of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the 
        Secretary proposes to carry out.
            ``(8) Reporting period.--The term `reporting period' means 
        the fiscal year prior to the fiscal year in which a report is 
        issued under subsection (b).
            ``(9) Secretary.--The term `Secretary' includes the governor 
        or head of an applicable State agency of a State that has 
        assumed responsibility under section 327.

    ``(b) Report on NEPA Data.--
            ``(1) In general.--The Secretary shall carry out a process 
        to track, and annually submit to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report containing, the information described 
        in paragraph (3).
            ``(2) Time to complete.--For purposes of paragraph (3), the 
        NEPA process--
                    ``(A) for an environmental impact statement--
                          ``(i) <<NOTE: Federal 
                      Register, publication.>>  begins on the date on 
                      which the Notice of Intent is published in the 
                      Federal Register; and

[[Page 135 STAT. 539]]

                          ``(ii) <<NOTE: Record.>>  ends on the date on 
                      which the Secretary issues a record of decision, 
                      including, if necessary, a revised record of 
                      decision; and
                    ``(B) <<NOTE: Determinations.>>  for an 
                environmental assessment--
                          ``(i) begins on the date on which the 
                      Secretary makes a determination to prepare an 
                      environmental assessment; and
                          ``(ii) ends on the date on which the Secretary 
                      issues a finding of no significant impact or 
                      determines that preparation of an environmental 
                      impact statement is necessary.
            ``(3) Information described.--The information referred to in 
        paragraph (1) is, with respect to the Department of 
        Transportation--
                    ``(A) the number of proposed actions for which a 
                categorical exclusion was issued during the reporting 
                period;
                    ``(B) the number of proposed actions for which a 
                documented categorical exclusion was issued by the 
                Department of Transportation during the reporting 
                period;
                    ``(C) the number of proposed actions pending on the 
                date on which the report is submitted for which the 
                issuance of a documented categorical exclusion by the 
                Department of Transportation is pending;
                    ``(D) the number of proposed actions for which an 
                environmental assessment was issued by the Department of 
                Transportation during the reporting period;
                    ``(E) the length of time the Department of 
                Transportation took to complete each environmental 
                assessment described in subparagraph (D);
                    ``(F) the number of proposed actions pending on the 
                date on which the report is submitted for which an 
                environmental assessment is being drafted by the 
                Department of Transportation;
                    ``(G) the number of proposed actions for which an 
                environmental impact statement was completed by the 
                Department of Transportation during the reporting 
                period;
                    ``(H) the length of time that the Department of 
                Transportation took to complete each environmental 
                impact statement described in subparagraph (G);
                    ``(I) the number of proposed actions pending on the 
                date on which the report is submitted for which an 
                environmental impact statement is being drafted; and
                    ``(J) for the proposed actions reported under 
                subparagraphs (F) and (I), the percentage of those 
                proposed actions for which--
                          ``(i) funding has been identified; and
                          ``(ii) all other Federal, State, and local 
                      activities that are required to allow the proposed 
                      action to proceed are completed.''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC 101 prec.>>  is amended by inserting 
after the item relating to section 156 the following:

``157. National Environmental Policy Act of 1969 reporting program.''.

SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM 
                            WRITTEN AGREEMENTS.

    Section 327 of title 23, United States Code, is amended--

[[Page 135 STAT. 540]]

            (1) in subsection (a)(2)(G), by inserting ``, including the 
        payment of fees awarded under section 2412 of title 28'' before 
        the period at the end;
            (2) in subsection (c)--
                    (A) by striking paragraph (5) and inserting the 
                following:
            ``(5) except as provided under paragraph (7), have a term of 
        not more than 5 years;'';
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) <<NOTE: Time period.>>  for any State that has 
        participated in a program under this section (or under a 
        predecessor program) for at least 10 years, have a term of 10 
        years.'';
            (3) in subsection (g)(1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking ``annual'';
                    (C) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (D) by inserting after subparagraph (B) the 
                following:
                    ``(C) <<NOTE: Time period. Audit.>>  in the case of 
                an agreement period of greater than 5 years pursuant to 
                subsection (c)(7), conduct an audit covering the first 5 
                years of the agreement period; and''; and
            (4) by adding at the end the following:

    ``(m) Agency Deemed to Be Federal Agency.--A State agency that is 
assigned a responsibility under an agreement under this section shall be 
deemed to be an agency for the purposes of section 2412 of title 28.''.
SEC. 11314. <<NOTE: Time periods.>> STATE ASSUMPTION OF 
                            RESPONSIBILITY FOR CATEGORICAL 
                            EXCLUSIONS.

    Section 326(c)(3) of title 23, United States Code, is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) except as provided under subparagraph (C), 
                shall have a term of not more than 3 years;'';
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) shall have a term of 5 years, in the case of a 
                State that has assumed the responsibility for 
                categorical exclusions under this section for not fewer 
                than 10 years.''.
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION 
                            PROJECT ENVIRONMENTAL REVIEW.

    Section 123 of title 23, United States Code, is amended to read as 
follows:
``Sec. 123. Relocation of utility facilities

    ``(a) Definitions.--In this section:
            ``(1) Cost of relocation.--The term `cost of relocation' 
        includes the entire amount paid by a utility properly 
        attributable to the relocation of a utility facility, minus any 
        increase in the value of the new facility and any salvage value 
        derived from the old facility.
            ``(2) Early utility relocation project.--The term `early 
        utility relocation project' means utility relocation activities

[[Page 135 STAT. 541]]

        identified by the State for performance before completion of the 
        environmental review process for the transportation project.
            ``(3) Environmental review process.--The term `environmental 
        review process' has the meaning given the term in section 
        139(a).
            ``(4) Transportation project.--The term `transportation 
        project' means a project.
            ``(5) Utility facility.--The term `utility facility' means 
        any privately, publicly, or cooperatively owned line, facility, 
        or system for producing, transmitting, or distributing 
        communications, power, electricity, light, heat, gas, oil, crude 
        products, water, steam, waste, stormwater not connected with 
        highway drainage, or any other similar commodity, including any 
        fire or police signal system or street lighting system, that 
        directly or indirectly serves the public.
            ``(6) Utility relocation activity.--The term `utility 
        relocation activity' means an activity necessary for the 
        relocation of a utility facility, including preliminary and 
        final design, surveys, real property acquisition, materials 
        acquisition, and construction.

    ``(b) Reimbursement to States.--
            ``(1) In general.--If a State pays for the cost of 
        relocation of a utility facility necessitated by the 
        construction of a transportation project, Federal funds may be 
        used to reimburse the State for the cost of relocation in the 
        same proportion as Federal funds are expended on the 
        transportation project.
            ``(2) Limitation.--Federal funds shall not be used to 
        reimburse a State under this section if the payment to the 
        utility--
                    ``(A) violates the law of the State; or
                    ``(B) violates a legal contract between the utility 
                and the State.
            ``(3) Requirement.--A reimbursement under paragraph (1) 
        shall be made only if the State demonstrates to the satisfaction 
        of the Secretary that the State paid the cost of the utility 
        relocation activity from funds of the State with respect to 
        transportation projects for which Federal funds are obligated 
        subsequent to April 16, 1958, for work, including utility 
        relocation activities.
            ``(4) Reimbursement eligibility for early relocation prior 
        to transportation project environmental review process.--
                    ``(A) In general.--In addition to the requirements 
                under paragraphs (1) through (3), a State may carry out, 
                at the expense of the State, an early utility relocation 
                project for a transportation project before completion 
                of the environmental review process for the 
                transportation project.
                    ``(B) Requirements for reimbursement.--Funds 
                apportioned to a State under this title may be used to 
                pay the costs incurred by the State for an early utility 
                relocation project only if the State demonstrates to the 
                Secretary, and the Secretary finds that--
                          ``(i) the early utility relocation project is 
                      necessary to accommodate a transportation project;

[[Page 135 STAT. 542]]

                          ``(ii) the State provides adequate 
                      documentation to the Secretary of eligible costs 
                      incurred by the State for the early utility 
                      relocation project;
                          ``(iii) before the commencement of the utility 
                      relocation activities, an environmental review 
                      process was completed for the early utility 
                      relocation project that resulted in a finding that 
                      the early utility relocation project--
                                    ``(I) would not result in 
                                significant adverse environmental 
                                impacts; and
                                    ``(II) <<NOTE: Compliance.>>  would 
                                comply with other applicable Federal 
                                environmental requirements;
                          ``(iv) the early utility relocation project 
                      did not influence--
                                    ``(I) the environmental review 
                                process for the transportation project;
                                    ``(II) the decision relating to the 
                                need to construct the transportation 
                                project; or
                                    ``(III) the selection of the 
                                transportation project design or 
                                location;
                          ``(v) <<NOTE: Compliance.>>  the early utility 
                      relocation project complies with all applicable 
                      provisions of law, including regulations issued 
                      pursuant to this title;
                          ``(vi) the early utility relocation project 
                      follows applicable financial procedures and 
                      requirements, including documentation of eligible 
                      costs and the requirements under section 109(l), 
                      but not including requirements applicable to 
                      authorization and obligation of Federal funds;
                          ``(vii) the transportation project for which 
                      the early utility relocation project was 
                      necessitated was included in the applicable 
                      transportation improvement program under section 
                      134 or 135;
                          ``(viii) before the cost incurred by a State 
                      is approved for Federal participation, 
                      environmental compliance pursuant to the National 
                      Environmental Policy Act of 1969 (42 U.S.C. 4321 
                      et seq.) has been completed for the transportation 
                      project for which the early utility relocation 
                      project was necessitated; and
                          ``(ix) the transportation project that 
                      necessitated the utility relocation activity is 
                      approved for construction.
                    ``(C) Savings provision.--Nothing in this paragraph 
                affects other eligibility requirements or authorities 
                for Federal participation in payment of costs incurred 
                for utility relocation activities.

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

[[Page 135 STAT. 543]]

            ``(4) an environmental review process.''.
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.

    Section 138(a) of title 23, United States Code, is amended--
            (1) in the fourth sentence, by striking ``In carrying out'' 
        and inserting the following:
            ``(4) Studies.--In carrying out'';
            (2) in the third sentence--
                    (A) by striking ``such land, and (2) such program'' 
                and inserting the following: ``the land; and
                    ``(B) the program'';
                    (B) by striking ``unless (1) there is'' and 
                inserting the following: ``unless--
                    ``(A) there is''; and
                    (C) by striking ``After the'' and inserting the 
                following:
            ``(3) Requirement.--After the'';
            (3) in the second sentence--
                    (A) by striking ``The Secretary of Transportation'' 
                and inserting the following:
            ``(2) Cooperation and consultation.--
                    ``(A) In general.--The Secretary''; and
                    (B) by adding at the end the following:
                    ``(B) Timeline for approvals.--
                          ``(i) In general.--The Secretary shall--
                                    ``(I) provide an evaluation under 
                                this section to the Secretaries 
                                described in subparagraph (A); and
                                    ``(II) provide a period of 30 days 
                                for receipt of comments.
                          ``(ii) <<NOTE: Deadline.>>  Assumed 
                      acceptance.--If the Secretary does not receive 
                      comments by 15 days after the deadline under 
                      clause (i)(II), the Secretary shall assume a lack 
                      of objection and proceed with the action.
                    ``(C) Effect.--Nothing in subparagraph (B) affects--
                          ``(i) the requirements under--
                                    ``(I) subsections (b) through (f); 
                                or
                                    ``(II) the consultation process 
                                under section 306108 of title 54; or
                          ``(ii) programmatic section 4(f) evaluations, 
                      as described in regulations issued by the 
                      Secretary.''; and
            (4) in the first sentence, by striking ``It is declared to 
        be'' and inserting the following:
            ``(1) In general.--It is''.
SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL 
                            ASSISTANCE.

    Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141) 
is amended--
            (1) in subparagraph (A), by striking ``$5,000,000'' and 
        inserting ``$6,000,000''; and
            (2) in subparagraph (B), by striking ``$30,000,000'' and 
        inserting ``$35,000,000''.
SEC. 11318. <<NOTE: 42 USC 15943.>>  CERTAIN GATHERING LINES 
                            LOCATED ON FEDERAL LAND AND INDIAN 
                            LAND.

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

[[Page 135 STAT. 544]]

                    (A) In general.--The term ``Federal land'' means 
                land the title to which is held by the United States.
                    (B) Exclusions.--The term ``Federal land'' does not 
                include--
                          (i) a unit of the National Park System;
                          (ii) a unit of the National Wildlife Refuge 
                      System;
                          (iii) a component of the National Wilderness 
                      Preservation System;
                          (iv) a wilderness study area within the 
                      National Forest System; or
                          (v) Indian land.
            (2) Gathering line and associated field compression or 
        pumping unit.--
                    (A) In general.--The term ``gathering line and 
                associated field compression or pumping unit'' means--
                          (i) a pipeline that is installed to transport 
                      oil, natural gas and related constituents, or 
                      produced water from 1 or more wells drilled and 
                      completed to produce oil or gas; and
                          (ii) if necessary, 1 or more compressors or 
                      pumps to raise the pressure of the transported 
                      oil, natural gas and related constituents, or 
                      produced water to higher pressures necessary to 
                      enable the oil, natural gas and related 
                      constituents, or produced water to flow into 
                      pipelines and other facilities.
                    (B) Inclusions.--The term ``gathering line and 
                associated field compression or pumping unit'' includes 
                a pipeline or associated compression or pumping unit 
                that is installed to transport oil or natural gas from a 
                processing plant to a common carrier pipeline or 
                facility.
                    (C) Exclusions.--The term ``gathering line and 
                associated field compression or pumping unit'' does not 
                include a common carrier pipeline.
            (3) Indian land.--The term ``Indian land'' means land the 
        title to which is held by--
                    (A) the United States in trust for an Indian Tribe 
                or an individual Indian; or
                    (B) an Indian Tribe or an individual Indian subject 
                to a restriction by the United States against 
                alienation.
            (4) Produced water.--The term ``produced water'' means water 
        produced from an oil or gas well bore that is not a fluid 
        prepared at, or transported to, the well site to resolve a 
        specific oil or gas well bore or reservoir condition.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

    (b) Certain Gathering Lines.--
            (1) In general.--Subject to paragraph (2), the issuance of a 
        sundry notice or right-of-way for a gathering line and 
        associated field compression or pumping unit that is located on 
        Federal land or Indian land and that services any oil or gas 
        well may be considered by the Secretary to be an action that is 
        categorically excluded (as defined in section 1508.1 of title 
        40, Code of Federal Regulations (as in effect on the date of 
        enactment of this Act)) for purposes of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the 
        gathering line and associated field compression or pumping 
        unit--

[[Page 135 STAT. 545]]

                    (A) are within a field or unit for which an approved 
                land use plan or an environmental document prepared 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) analyzed transportation of 
                oil, natural gas, or produced water from 1 or more oil 
                or gas wells in the field or unit as a reasonably 
                foreseeable activity;
                    (B) are located adjacent to or within--
                          (i) any existing disturbed area; or
                          (ii) an existing corridor for a right-of-way; 
                      and
                    (C) would reduce--
                          (i) in the case of a gathering line and 
                      associated field compression or pumping unit 
                      transporting methane, the total quantity of 
                      methane that would otherwise be vented, flared, or 
                      unintentionally emitted from the field or unit; or
                          (ii) in the case of a gathering line and 
                      associated field compression or pumping unit not 
                      transporting methane, the vehicular traffic that 
                      would otherwise service the field or unit.
            (2) Applicability.--Paragraph (1) shall apply to Indian 
        land, or a portion of Indian land--
                    (A) to which the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.) applies; and
                    (B) for which the Indian Tribe with jurisdiction 
                over the Indian land submits to the Secretary a written 
                request that paragraph (1) apply to that Indian land (or 
                portion of Indian land).

    (c) Effect on Other Law.--Nothing in this section--
            (1) affects or alters any requirement--
                    (A) relating to prior consent under--
                          (i) section 2 of the Act of February 5, 1948 
                      (62 Stat. 18, chapter 45; 25 U.S.C. 324); or
                          (ii) section 16(e) of the Act of June 18, 1934 
                      (48 Stat. 987, chapter 576; 102 Stat. 2939; 114 
                      Stat. 47; 25 U.S.C. 5123(e)) (commonly known as 
                      the ``Indian Reorganization Act'');
                    (B) under section 306108 of title 54, United States 
                Code; or
                    (C) under any other Federal law (including 
                regulations) relating to Tribal consent for rights-of-
                way across Indian land; or
            (2) makes the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) applicable to land to which that Act 
        otherwise would not apply.
SEC. 11319. <<NOTE: 49 USC 308 note.>>  ANNUAL REPORT.

    (a) Definition of Covered Project.--In this section, the term 
``covered project'' means a project or activity carried out with funds 
provided by the Department, including a project carried out under title 
23 or 49, United States Code--
            (1) that is more than 5 years behind schedule; or
            (2) for which the total amount spent on the project or 
        activity is not less than $1,000,000,000 more than the original 
        cost estimate for the project or activity.

    (b) Requirement.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Secretary shall

[[Page 135 STAT. 546]]

submit to Congress a report on covered projects of the Department, which 
shall include, for each covered project--
            (1) a brief description of the covered project, including--
                    (A) the purpose of the covered project;
                    (B) each location in which the covered project is 
                carried out;
                    (C) the contract or award number of the covered 
                project, if applicable;
                    (D) the year in which the covered project was 
                initiated;
                    (E) the Federal share of the total cost of the 
                covered project; and
                    (F) each primary contractor, subcontractor, grant 
                recipient, and subgrantee recipient of the covered 
                project;
            (2) an explanation of any change to the original scope of 
        the covered project, including by the addition or narrowing of 
        the initial requirements of the covered project;
            (3) the original expected date for completion of the covered 
        project;
            (4) the current expected date for completion of the covered 
        project;
            (5) <<NOTE: Cost estimate.>>  the original cost estimate for 
        the covered project, as adjusted to reflect increases in the 
        Consumer Price Index for All Urban Consumers, as published by 
        the Bureau of Labor Statistics;
            (6) <<NOTE: Cost estimate.>>  the current cost estimate for 
        the covered project, as adjusted to reflect increases in the 
        Consumer Price Index for All Urban Consumers, as published by 
        the Bureau of Labor Statistics;
            (7) an explanation for a delay in completion or an increase 
        in the original cost estimate for the covered project, 
        including, where applicable, any impact of insufficient or 
        delayed appropriations; and
            (8) the amount of and rationale for any award, incentive 
        fee, or other type of bonus, if any, awarded for the covered 
        project.

                       Subtitle D--Climate Change

SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.

    (a) <<NOTE: 23 USC 151 note.>>  Purpose.--The purpose of this 
section is to establish a grant program to strategically deploy publicly 
accessible electric vehicle charging infrastructure, hydrogen fueling 
infrastructure, propane fueling infrastructure, and natural gas fueling 
infrastructure along designated alternative fuel corridors or in certain 
other locations that will be accessible to all drivers of electric 
vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles.

    (b) Grant Program.--Section 151 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Not later than 1 year after the 
                date of enactment of the FAST Act, the Secretary shall'' 
                and inserting ``The Secretary shall periodically''; and
                    (B) by striking ``to improve the mobility'' and 
                inserting ``to support changes in the transportation 
                sector that help achieve a reduction in greenhouse gas 
                emissions and improve the mobility'';

[[Page 135 STAT. 547]]

            (2) in subsection (b)(2), by inserting ``previously 
        designated by the Federal Highway Administration or'' before 
        ``designated by'';
            (3) by striking subsection (d) and inserting the following:

    ``(d) <<NOTE: Updates.>>  Redesignation.--
            ``(1) <<NOTE: Deadline.>>  Initial redesignation.--Not later 
        than 180 days after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021, the Secretary shall 
        update and redesignate the corridors under subsection (a).
            ``(2) Subsequent redesignation.--The Secretary shall 
        establish a recurring process to regularly update and 
        redesignate the corridors under subsection (a).'';
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2)--
                          (i) by striking ``establishes an aspirational 
                      goal of achieving'' and inserting ``describes 
                      efforts, including through funds awarded through 
                      the grant program under subsection (f), that will 
                      aid efforts to achieve''; and
                          (ii) by striking ``by the end of fiscal year 
                      2020.'' and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) <<NOTE: Consultation.>>  summarizes best practices and 
        provides guidance, developed through consultation with the 
        Secretary of Energy, for project development of electric vehicle 
        charging infrastructure, hydrogen fueling infrastructure, 
        propane fueling infrastructure and natural gas fueling 
        infrastructure at the State, Tribal, and local level to allow 
        for the predictable deployment of that infrastructure.''; and
            (5) by adding at the end the following:

    ``(f) Grant Program.--
            ``(1) Definition of private entity.--In this subsection, the 
        term `private entity' means a corporation, partnership, company, 
        or nonprofit organization.
            ``(2) <<NOTE: Deadline.>>  Establishment.--Not later than 1 
        year after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Secretary shall establish a 
        grant program to award grants to eligible entities to carry out 
        the activities described in paragraph (6).
            ``(3) Eligible entities.--An entity eligible to receive a 
        grant under this subsection is--
                    ``(A) a State or political subdivision of a State;
                    ``(B) a metropolitan planning organization;
                    ``(C) a unit of local government;
                    ``(D) a special purpose district or public authority 
                with a transportation function, including a port 
                authority;
                    ``(E) an Indian tribe (as defined in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5304));
                    ``(F) a territory of the United States;
                    ``(G) an authority, agency, or instrumentality of, 
                or an entity owned by, 1 or more entities described in 
                subparagraphs (A) through (F); or
                    ``(H) a group of entities described in subparagraphs 
                (A) through (G).

[[Page 135 STAT. 548]]

            ``(4) Applications.--To be eligible to receive a grant under 
        this subsection, an eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary shall require, 
        including--
                    ``(A) a description of how the eligible entity has 
                considered--
                          ``(i) public accessibility of charging or 
                      fueling infrastructure proposed to be funded with 
                      a grant under this subsection, including--
                                    ``(I) charging or fueling connector 
                                types and publicly available information 
                                on real-time availability; and
                                    ``(II) payment methods to ensure 
                                secure, convenient, fair, and equal 
                                access;
                          ``(ii) collaborative engagement with 
                      stakeholders (including automobile manufacturers, 
                      utilities, infrastructure providers, technology 
                      providers, electric charging, hydrogen, propane, 
                      and natural gas fuel providers, metropolitan 
                      planning organizations, States, Indian tribes, and 
                      units of local governments, fleet owners, fleet 
                      managers, fuel station owners and operators, labor 
                      organizations, infrastructure construction and 
                      component parts suppliers, and multi-State and 
                      regional entities)--
                                    ``(I) to foster enhanced, 
                                coordinated, public-private or private 
                                investment in electric vehicle charging 
                                infrastructure, hydrogen fueling 
                                infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure;
                                    ``(II) to expand deployment of 
                                electric vehicle charging 
                                infrastructure, hydrogen fueling 
                                infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure;
                                    ``(III) to protect personal privacy 
                                and ensure cybersecurity; and
                                    ``(IV) to ensure that a properly 
                                trained workforce is available to 
                                construct and install electric vehicle 
                                charging infrastructure, hydrogen 
                                fueling infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure;
                          ``(iii) the location of the station or fueling 
                      site, such as consideration of--
                                    ``(I) the availability of onsite 
                                amenities for vehicle operators, such as 
                                restrooms or food facilities;
                                    ``(II) access in compliance with the 
                                Americans with Disabilities Act of 1990 
                                (42 U.S.C. 12101 et seq.);
                                    ``(III) height and fueling capacity 
                                requirements for facilities that charge 
                                or refuel large vehicles, such as semi-
                                trailer trucks; and
                                    ``(IV) appropriate distribution to 
                                avoid redundancy and fill charging or 
                                fueling gaps;
                          ``(iv) infrastructure installation that can be 
                      responsive to technology advancements, such as 
                      accommodating autonomous vehicles, vehicle-to-grid 
                      technology, and future charging methods; and

[[Page 135 STAT. 549]]

                          ``(v) the long-term operation and maintenance 
                      of the electric vehicle charging infrastructure, 
                      hydrogen fueling infrastructure, propane fueling 
                      infrastructure, or natural gas fueling 
                      infrastructure, to avoid stranded assets and 
                      protect the investment of public funds in that 
                      infrastructure; and
                    ``(B) <<NOTE: Assessment.>>  an assessment of the 
                estimated emissions that will be reduced through the use 
                of electric vehicle charging infrastructure, hydrogen 
                fueling infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure, which shall be 
                conducted using the Alternative Fuel Life-Cycle 
                Environmental and Economic Transportation (AFLEET) tool 
                developed by Argonne National Laboratory (or a successor 
                tool).
            ``(5) Considerations.--In selecting eligible entities to 
        receive a grant under this subsection, the Secretary shall--
                    ``(A) consider the extent to which the application 
                of the eligible entity would--
                          ``(i) improve alternative fueling corridor 
                      networks by--
                                    ``(I) converting corridor-pending 
                                corridors to corridor-ready corridors; 
                                or
                                    ``(II) in the case of corridor-ready 
                                corridors, providing redundancy--
                                            ``(aa) to meet excess demand 
                                        for charging or fueling 
                                        infrastructure; or
                                            ``(bb) to reduce congestion 
                                        at existing charging or fueling 
                                        infrastructure in high-traffic 
                                        locations;
                          ``(ii) meet current or anticipated market 
                      demands for charging or fueling infrastructure;
                          ``(iii) enable or accelerate the construction 
                      of charging or fueling infrastructure that would 
                      be unlikely to be completed without Federal 
                      assistance;
                          ``(iv) support a long-term competitive market 
                      for electric vehicle charging infrastructure, 
                      hydrogen fueling infrastructure, propane fueling 
                      infrastructure, or natural gas fueling 
                      infrastructure that does not significantly impair 
                      existing electric vehicle charging infrastructure, 
                      hydrogen fueling infrastructure, propane fueling 
                      infrastructure, or natural gas fueling 
                      infrastructure providers;
                          ``(v) provide access to electric vehicle 
                      charging infrastructure, hydrogen fueling 
                      infrastructure, propane fueling infrastructure, or 
                      natural gas fueling infrastructure in areas with a 
                      current or forecasted need; and
                          ``(vi) deploy electric vehicle charging 
                      infrastructure, hydrogen fueling infrastructure, 
                      propane fueling infrastructure, or natural gas 
                      fueling infrastructure for medium- and heavy-duty 
                      vehicles (including along the National Highway 
                      Freight Network established under section 167(c)) 
                      and in proximity to intermodal transfer stations;
                    ``(B) ensure, to the maximum extent practicable, 
                geographic diversity among grant recipients to ensure 
                that electric vehicle charging infrastructure, hydrogen 
                fueling

[[Page 135 STAT. 550]]

                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure is available 
                throughout the United States;
                    ``(C) consider whether the private entity that the 
                eligible entity contracts with under paragraph (6)--
                          ``(i) submits to the Secretary the most recent 
                      year of audited financial statements; and
                          ``(ii) has experience in installing and 
                      operating electric vehicle charging 
                      infrastructure, hydrogen fueling infrastructure, 
                      propane fueling infrastructure, or natural gas 
                      fueling infrastructure; and
                    ``(D) consider whether, to the maximum extent 
                practicable, the eligible entity and the private entity 
                that the eligible entity contracts with under paragraph 
                (6) enter into an agreement--
                          ``(i) to operate and maintain publicly 
                      available electric vehicle charging 
                      infrastructure, hydrogen fueling infrastructure, 
                      propane fueling infrastructure, or natural gas 
                      infrastructure; and
                          ``(ii) that provides a remedy and an 
                      opportunity to cure if the requirements described 
                      in clause (i) are not met.
            ``(6) Use of funds.--
                    ``(A) <<NOTE: Contracts.>>  In general.--An eligible 
                entity receiving a grant under this subsection shall 
                only use the funds in accordance with this paragraph to 
                contract with a private entity for acquisition and 
                installation of publicly accessible electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure that is directly 
                related to the charging or fueling of a vehicle.
                    ``(B) Location of infrastructure.--Any publicly 
                accessible electric vehicle charging infrastructure, 
                hydrogen fueling infrastructure, propane fueling 
                infrastructure, or natural gas fueling infrastructure 
                acquired and installed with a grant under this 
                subsection shall be located along an alternative fuel 
                corridor designated under this section, on the condition 
                that any affected Indian tribes are consulted before the 
                designation.
                    ``(C) Operating assistance.--
                          ``(i) <<NOTE: Time period.>>  In general.--
                      Subject to clauses (ii) and (iii), an eligible 
                      entity that receives a grant under this subsection 
                      may use a portion of the funds to provide to a 
                      private entity operating assistance for the first 
                      5 years of operations after the installation of 
                      publicly available electric vehicle charging 
                      infrastructure, hydrogen fueling infrastructure, 
                      propane fueling infrastructure, or natural gas 
                      fueling infrastructure while the facility 
                      transitions to independent system operations.
                          ``(ii) Inclusions.--Operating assistance under 
                      this subparagraph shall be limited to costs 
                      allocable to operating and maintaining the 
                      electric vehicle charging infrastructure, hydrogen 
                      fueling infrastructure, propane fueling 
                      infrastructure, or natural gas fueling 
                      infrastructure and service.

[[Page 135 STAT. 551]]

                          ``(iii) Limitation.--Operating assistance 
                      under this subparagraph may not exceed the amount 
                      of a contract under subparagraph (A) to acquire 
                      and install publicly accessible electric vehicle 
                      charging infrastructure, hydrogen fueling 
                      infrastructure, propane fueling infrastructure, or 
                      natural gas fueling infrastructure.
                    ``(D) Traffic control devices.--
                          ``(i) In general.--Subject to this paragraph, 
                      an eligible entity that receives a grant under 
                      this subsection may use a portion of the funds to 
                      acquire and install traffic control devices 
                      located in the right-of-way to provide directional 
                      information to publicly accessible electric 
                      vehicle charging infrastructure, hydrogen fueling 
                      infrastructure, propane fueling infrastructure, or 
                      natural gas fueling infrastructure acquired, 
                      installed, or operated with the grant.
                          ``(ii) Applicability.--Clause (i) shall apply 
                      only to an eligible entity that--
                                    ``(I) receives a grant under this 
                                subsection; and
                                    ``(II) is using that grant for the 
                                acquisition and installation of publicly 
                                accessible electric vehicle charging 
                                infrastructure, hydrogen fueling 
                                infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure.
                          ``(iii) Limitation on amount.--The amount of 
                      funds used to acquire and install traffic control 
                      devices under clause (i) may not exceed the amount 
                      of a contract under subparagraph (A) to acquire 
                      and install publicly accessible charging or 
                      fueling infrastructure.
                          ``(iv) No new authority created.--Nothing in 
                      this subparagraph authorizes an eligible entity 
                      that receives a grant under this subsection to 
                      acquire and install traffic control devices if the 
                      entity is not otherwise authorized to do so.
                    ``(E) <<NOTE: Contracts.>>  Revenue.--
                          ``(i) In general.--An eligible entity 
                      receiving a grant under this subsection and a 
                      private entity referred to in subparagraph (A) may 
                      enter into a cost-sharing agreement under which 
                      the private entity submits to the eligible entity 
                      a portion of the revenue from the electric vehicle 
                      charging infrastructure, hydrogen fueling 
                      infrastructure, propane fueling infrastructure, or 
                      natural gas fueling infrastructure.
                          ``(ii) Uses of revenue.--An eligible entity 
                      that receives revenue from a cost-sharing 
                      agreement under clause (i) may only use that 
                      revenue for a project that is eligible under this 
                      title.
            ``(7) Certain fuels.--The use of grants for propane fueling 
        infrastructure under this subsection shall be limited to 
        infrastructure for medium- and heavy-duty vehicles.
            ``(8) Community grants.--
                    ``(A) In general.--Notwithstanding paragraphs (4), 
                (5), and (6), the Secretary shall reserve 50 percent of 
                the amounts made available each fiscal year to carry out 
                this section to provide grants to eligible entities in 
                accordance with this paragraph.

[[Page 135 STAT. 552]]

                    ``(B) Applications.--To be eligible to receive a 
                grant under this paragraph, an eligible entity shall 
                submit to the Secretary an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    ``(C) Eligible entities.--An entity eligible to 
                receive a grant under this paragraph is--
                          ``(i) an entity described in paragraph (3); 
                      and
                          ``(ii) a State or local authority with 
                      ownership of publicly accessible transportation 
                      facilities.
                    ``(D) Eligible projects.--The Secretary may provide 
                a grant under this paragraph for a project that is 
                expected to reduce greenhouse gas emissions and to 
                expand or fill gaps in access to publicly accessible 
                electric vehicle charging infrastructure, hydrogen 
                fueling infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure, including--
                          ``(i) development phase activities, including 
                      planning, feasibility analysis, revenue 
                      forecasting, environmental review, preliminary 
                      engineering and design work, and other 
                      preconstruction activities; and
                          ``(ii) the acquisition and installation of 
                      electric vehicle charging infrastructure, hydrogen 
                      fueling infrastructure, propane fueling 
                      infrastructure, or natural gas fueling 
                      infrastructure that is directly related to the 
                      charging or fueling of a vehicle, including any 
                      related construction or reconstruction and the 
                      acquisition of real property directly related to 
                      the project, such as locations described in 
                      subparagraph (E), to expand access to electric 
                      vehicle charging infrastructure, hydrogen fueling 
                      infrastructure, propane fueling infrastructure, or 
                      natural gas fueling infrastructure.
                    ``(E) Project locations.--A project receiving a 
                grant under this paragraph may be located on any public 
                road or in other publicly accessible locations, such as 
                parking facilities at public buildings, public schools, 
                and public parks, or in publicly accessible parking 
                facilities owned or managed by a private entity.
                    ``(F) Priority.--In providing grants under this 
                paragraph, the Secretary shall give priority to projects 
                that expand access to electric vehicle charging 
                infrastructure, hydrogen fueling infrastructure, propane 
                fueling infrastructure, or natural gas fueling 
                infrastructure within--
                          ``(i) rural areas;
                          ``(ii) low- and moderate-income neighborhoods; 
                      and
                          ``(iii) <<NOTE: Determination.>>  communities 
                      with a low ratio of private parking spaces to 
                      households or a high ratio of multiunit dwellings 
                      to single family homes, as determined by the 
                      Secretary.
                    ``(G) Additional considerations.--In providing 
                grants under this paragraph, the Secretary shall 
                consider the extent to which the project--
                          ``(i) contributes to geographic diversity 
                      among eligible entities, including achieving a 
                      balance between urban and rural communities; and
                          ``(ii) meets current or anticipated market 
                      demands for charging or fueling infrastructure, 
                      including faster

[[Page 135 STAT. 553]]

                      charging speeds with high-powered capabilities 
                      necessary to minimize the time to charge or refuel 
                      current and anticipated vehicles.
                    ``(H) <<NOTE: Contracts.>>  Partnering with private 
                entities.--An eligible entity that receives a grant 
                under this paragraph may use the grant funds to contract 
                with a private entity for the acquisition, construction, 
                installation, maintenance, or operation of electric 
                vehicle charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure that is directly 
                related to the charging or fueling of a vehicle.
                    ``(I) Maximum grant amount.--The amount of a grant 
                under this paragraph shall not be more than $15,000,000.
                    ``(J) Technical assistance.--Of the amounts reserved 
                under subparagraph (A), the Secretary may use not more 
                than 1 percent to provide technical assistance to 
                eligible entities.
                    ``(K) Additional activities.--The recipient of a 
                grant under this paragraph may use not more than 5 
                percent of the grant funds on educational and community 
                engagement activities to develop and implement education 
                programs through partnerships with schools, community 
                organizations, and vehicle dealerships to support the 
                use of zero-emission vehicles and associated 
                infrastructure.
            ``(9) Requirements.--
                    ``(A) Project treatment.--Notwithstanding any other 
                provision of law, any project funded by a grant under 
                this subsection shall be treated as a project on a 
                Federal-aid highway under this chapter.
                    ``(B) Signs.--Any traffic control device or on-
                premises sign acquired, installed, or operated with a 
                grant under this subsection shall comply with--
                          ``(i) the Manual on Uniform Traffic Control 
                      Devices, if located in the right-of-way; and
                          ``(ii) other provisions of Federal, State, and 
                      local law, as applicable.
            ``(10) Federal share.--
                    ``(A) In general.--The Federal share of the cost of 
                a project carried out with a grant under this subsection 
                shall not exceed 80 percent of the total project cost.
                    ``(B) <<NOTE: Payment.>>  Responsibility of private 
                entity.--As a condition of contracting with an eligible 
                entity under paragraph (6) or (8), a private entity 
                shall agree to pay the share of the cost of a project 
                carried out with a grant under this subsection that is 
                not paid by the Federal Government under subparagraph 
                (A).
            ``(11) <<NOTE: Public information.>>  Report.--Not later 
        than 3 years after the date of enactment of this subsection, the 
        Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives and make 
        publicly available a report on the progress and implementation 
        of this subsection.''.
SEC. 11402. <<NOTE: 23 USC 149 note.>>  REDUCTION OF TRUCK 
                            EMISSIONS AT PORT FACILITIES.

    (a) Establishment of Program.--

[[Page 135 STAT. 554]]

            (1) <<NOTE: Studies.>>  In general.--The Secretary shall 
        establish a program to reduce idling at port facilities, under 
        which the Secretary shall--
                    (A) study how ports and intermodal port transfer 
                facilities would benefit from increased opportunities to 
                reduce emissions at ports, including through the 
                electrification of port operations;
                    (B) study emerging technologies and strategies that 
                may help reduce port-related emissions from idling 
                trucks; and
                    (C) <<NOTE: Coordination.>>  coordinate and provide 
                funding to test, evaluate, and deploy projects that 
                reduce port-related emissions from idling trucks, 
                including through the advancement of port 
                electrification and improvements in efficiency, focusing 
                on port operations, including heavy-duty commercial 
                vehicles, and other related projects.
            (2) Consultation.--In carrying out the program under this 
        subsection, the Secretary may consult with the Secretary of 
        Energy and the Administrator of the Environmental Protection 
        Agency.

    (b) Grants.--
            (1) In general.--In carrying out subsection (a)(1)(C), the 
        Secretary shall award grants to fund projects that reduce 
        emissions at ports, including through the advancement of port 
        electrification.
            (2) Cost share.--A grant awarded under paragraph (1) shall 
        not exceed 80 percent of the total cost of the project funded by 
        the grant.
            (3) Coordination.--In carrying out the grant program under 
        this subsection, the Secretary shall--
                    (A) to the maximum extent practicable, leverage 
                existing resources and programs of the Department and 
                other relevant Federal agencies; and
                    (B) <<NOTE: Determination.>>  coordinate with other 
                Federal agencies, as the Secretary determines to be 
                appropriate.
            (4) Application; selection.--
                    (A) <<NOTE: Determination.>>  Application.--The 
                Secretary shall solicit applications for grants under 
                paragraph (1) at such time, in such manner, and 
                containing such information as the Secretary determines 
                to be necessary.
                    (B) <<NOTE: Deadlines.>>  Selection.--The Secretary 
                shall make grants under paragraph (1) by not later than 
                April 1 of each fiscal year for which funding is made 
                available.
            (5) Requirement.--Notwithstanding any other provision of 
        law, any project funded by a grant under this subsection shall 
        be treated as a project on a Federal-aid highway under chapter 1 
        of title 23, United States Code.

    (c) <<NOTE: Recommenda- tions.>>  Report.--Not later than 1 year 
after the date on which all of the projects funded with a grant under 
subsection (b) are completed, the Secretary shall submit to Congress a 
report that includes--
            (1) the findings of the studies described in subparagraphs 
        (A) and (B) of subsection (a)(1);
            (2) the results of the projects that received a grant under 
        subsection (b);
            (3) any recommendations for workforce development and 
        training opportunities with respect to port electrification; and

[[Page 135 STAT. 555]]

            (4) any policy recommendations based on the findings and 
        results described in paragraphs (1) and (2).
SEC. 11403. CARBON REDUCTION PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11203(a)), is amended by adding at the end the 
following:
``Sec. 175. <<NOTE: 23 USC 175.>>  Carbon reduction program

    ``(a) Definitions.--In this section:
            ``(1) Metropolitan planning organization; urbanized area.--
        The terms `metropolitan planning organization' and `urbanized 
        area' have the meaning given those terms in section 134(b).
            ``(2) Transportation emissions.--The term `transportation 
        emissions' means carbon dioxide emissions from on-road highway 
        sources of those emissions within a State.
            ``(3) Transportation management area.--The term 
        `transportation management area' means a transportation 
        management area identified or designated by the Secretary under 
        section 134(k)(1).

    ``(b) Establishment.--The Secretary shall establish a carbon 
reduction program to reduce transportation emissions.
    ``(c) Eligible Projects.--
            ``(1) In general.--Subject to paragraph (2), funds 
        apportioned to a State under section 104(b)(7) may be obligated 
        for projects to support the reduction of transportation 
        emissions, including--
                    ``(A) a project described in section 149(b)(4) to 
                establish or operate a traffic monitoring, management, 
                and control facility or program, including advanced 
                truck stop electrification systems;
                    ``(B) a public transportation project that is 
                eligible for assistance under section 142;
                    ``(C) a project described in section 101(a)(29) (as 
                in effect on the day before the date of enactment of the 
                FAST Act (Public Law 114-94; 129 Stat. 1312)), including 
                the construction, planning, and design of on-road and 
                off-road trail facilities for pedestrians, bicyclists, 
                and other nonmotorized forms of transportation;
                    ``(D) a project described in section 503(c)(4)(E) 
                for advanced transportation and congestion management 
                technologies;
                    ``(E) a project for the deployment of 
                infrastructure-based intelligent transportation systems 
                capital improvements and the installation of vehicle-to-
                infrastructure communications equipment, including 
                retrofitting dedicated short-range communications (DSRC) 
                technology deployed as part of an existing pilot program 
                to cellular vehicle-to-everything (C-V2X) technology;
                    ``(F) a project to replace street lighting and 
                traffic control devices with energy-efficient 
                alternatives;
                    ``(G) the development of a carbon reduction strategy 
                in accordance with subsection (d);
                    ``(H) a project or strategy that is designed to 
                support congestion pricing, shifting transportation 
                demand to nonpeak hours or other transportation modes, 
                increasing

[[Page 135 STAT. 556]]

                vehicle occupancy rates, or otherwise reducing demand 
                for roads, including electronic toll collection, and 
                travel demand management strategies and programs;
                    ``(I) efforts to reduce the environmental and 
                community impacts of freight movement;
                    ``(J) a project to support deployment of alternative 
                fuel vehicles, including--
                          ``(i) the acquisition, installation, or 
                      operation of publicly accessible electric vehicle 
                      charging infrastructure or hydrogen, natural gas, 
                      or propane vehicle fueling infrastructure; and
                          ``(ii) the purchase or lease of zero-emission 
                      construction equipment and vehicles, including the 
                      acquisition, construction, or leasing of required 
                      supporting facilities;
                    ``(K) a project described in section 149(b)(8) for a 
                diesel engine retrofit;
                    ``(L) a project described in section 149(b)(5) that 
                does not result in the construction of new capacity; and
                    ``(M) a project that reduces transportation 
                emissions at port facilities, including through the 
                advancement of port electrification.
            ``(2) <<NOTE: Certification.>>  Flexibility.--In addition to 
        the eligible projects under paragraph (1), a State may use funds 
        apportioned under section 104(b)(7) for a project eligible under 
        section 133(b) if the Secretary certifies that the State has 
        demonstrated a reduction in transportation emissions--
                    ``(A) as estimated on a per capita basis; and
                    ``(B) as estimated on a per unit of economic output 
                basis.

    ``(d) Carbon Reduction Strategy.--
            ``(1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 2 years after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021, a State, in 
        consultation with any metropolitan planning organization 
        designated within the State, shall develop a carbon reduction 
        strategy in accordance with this subsection.
            ``(2) Requirements.--The carbon reduction strategy of a 
        State developed under paragraph (1) shall--
                    ``(A) support efforts to reduce transportation 
                emissions;
                    ``(B) identify projects and strategies to reduce 
                transportation emissions, which may include projects and 
                strategies for safe, reliable, and cost-effective 
                options--
                          ``(i) to reduce traffic congestion by 
                      facilitating the use of alternatives to single-
                      occupant vehicle trips, including public 
                      transportation facilities, pedestrian facilities, 
                      bicycle facilities, and shared or pooled vehicle 
                      trips within the State or an area served by the 
                      applicable metropolitan planning organization, if 
                      any;
                          ``(ii) to facilitate the use of vehicles or 
                      modes of travel that result in lower 
                      transportation emissions per person-mile traveled 
                      as compared to existing vehicles and modes; and
                          ``(iii) to facilitate approaches to the 
                      construction of transportation assets that result 
                      in lower transportation emissions as compared to 
                      existing approaches;

[[Page 135 STAT. 557]]

                    ``(C) support the reduction of transportation 
                emissions of the State;
                    ``(D) at the discretion of the State, quantify the 
                total carbon emissions from the production, transport, 
                and use of materials used in the construction of 
                transportation facilities within the State; and
                    ``(E) be appropriate to the population density and 
                context of the State, including any metropolitan 
                planning organization designated within the State.
            ``(3) <<NOTE: Time period.>>  Updates.--The carbon reduction 
        strategy of a State developed under paragraph (1) shall be 
        updated not less frequently than once every 4 years.
            ``(4) <<NOTE: Deadline.>>  Review.--Not later than 90 days 
        after the date on which a State submits a request for the 
        approval of a carbon reduction strategy developed by the State 
        under paragraph (1), the Secretary shall--
                    ``(A) review the process used to develop the carbon 
                reduction strategy; and
                    ``(B)(i) <<NOTE: Certification.>>  certify that the 
                carbon reduction strategy meets the requirements of 
                paragraph (2); or
                    ``(ii) deny certification of the carbon reduction 
                strategy and specify the actions necessary for the State 
                to take to correct the deficiencies in the process of 
                the State in developing the carbon reduction strategy.
            ``(5) Technical assistance.--At the request of a State, the 
        Secretary shall provide technical assistance in the development 
        of the carbon reduction strategy under paragraph (1).

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

[[Page 135 STAT. 558]]

                          ``(i) the State and the relevant metropolitan 
                      planning organizations jointly apply to the 
                      Secretary for the permission to base the 
                      obligation on other factors; and
                          ``(ii) the Secretary grants the request.
            ``(4) Coordination in urbanized areas.--Before obligating 
        funds for an eligible project under subsection (c) in an 
        urbanized area that is not a transportation management area, a 
        State shall coordinate with any metropolitan planning 
        organization that represents the urbanized area prior to 
        determining which activities should be carried out under the 
        project.
            ``(5) Consultation in rural areas.--Before obligating funds 
        for an eligible project under subsection (c) in a rural area, a 
        State shall consult with any regional transportation planning 
        organization or metropolitan planning organization that 
        represents the rural area prior to determining which activities 
        should be carried out under the project.
            ``(6) Obligation authority.--
                    ``(A) <<NOTE: Time period.>>  In general.--A State 
                that is required to obligate in an urbanized area with 
                an urbanized area population of 50,000 or more under 
                this subsection funds apportioned to the State under 
                section 104(b)(7) shall make available during the period 
                of fiscal years 2022 through 2026 an amount of 
                obligation authority distributed to the State for 
                Federal-aid highways and highway safety construction 
                programs for use in the area that is equal to the amount 
                obtained by multiplying--
                          ``(i) the aggregate amount of funds that the 
                      State is required to obligate in the area under 
                      this subsection during the period; and
                          ``(ii) the ratio that--
                                    ``(I) the aggregate amount of 
                                obligation authority distributed to the 
                                State for Federal-aid highways and 
                                highway safety construction programs 
                                during the period; bears to
                                    ``(II) the total of the sums 
                                apportioned to the State for Federal-aid 
                                highways and highway safety construction 
                                programs (excluding sums not subject to 
                                an obligation limitation) during the 
                                period.
                    ``(B) <<NOTE: Compliance.>>  Joint responsibility.--
                Each State, each affected metropolitan planning 
                organization, and the Secretary shall jointly ensure 
                compliance with subparagraph (A).

    ``(f) Federal Share.--The Federal share of the cost of a project 
carried out using funds apportioned to a State under section 104(b)(7) 
shall be determined in accordance with section 120.
    ``(g) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under this chapter.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11203(b)) <<NOTE: 23 USC 101 
prec.>>  is amended by inserting after the item relating to section 174 
the following:

``175. Carbon reduction program.''.

SEC. 11404. CONGESTION RELIEF PROGRAM.

    (a) In General.--Section 129 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(d) Congestion Relief Program.--

[[Page 135 STAT. 559]]

            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means any of the following:
                          ``(i) A State, for the purpose of carrying out 
                      a project in an urbanized area with a population 
                      of more than 1,000,000.
                          ``(ii) A metropolitan planning organization, 
                      city, or municipality, for the purpose of carrying 
                      out a project in an urbanized area with a 
                      population of more than 1,000,000.
                    ``(B) Integrated congestion management system.--The 
                term `integrated congestion management system' means a 
                system for the integration of management and operations 
                of a regional transportation system that includes, at a 
                minimum, traffic incident management, work zone 
                management, traffic signal timing, managed lanes, real-
                time traveler information, and active traffic 
                management, in order to maximize the capacity of all 
                facilities and modes across the applicable region.
                    ``(C) Program.--The term `program' means the 
                congestion relief program established under paragraph 
                (2).
            ``(2) <<NOTE: Grants.>>  Establishment.--The Secretary shall 
        establish a congestion relief program to provide discretionary 
        grants to eligible entities to advance innovative, integrated, 
        and multimodal solutions to congestion relief in the most 
        congested metropolitan areas of the United States.
            ``(3) Program goals.--The goals of the program are to reduce 
        highway congestion, reduce economic and environmental costs 
        associated with that congestion, including transportation 
        emissions, and optimize existing highway capacity and usage of 
        highway and transit systems through--
                    ``(A) improving intermodal integration with 
                highways, highway operations, and highway performance;
                    ``(B) reducing or shifting highway users to off-peak 
                travel times or to nonhighway travel modes during peak 
                travel times; and
                    ``(C) pricing of, or based on, as applicable--
                          ``(i) parking;
                          ``(ii) use of roadways, including in 
                      designated geographic zones; or
                          ``(iii) congestion.
            ``(4) Eligible projects.--Funds from a grant under the 
        program may be used for a project or an integrated collection of 
        projects, including planning, design, implementation, and 
        construction activities, to achieve the program goals under 
        paragraph (3), including--
                    ``(A) deployment and operation of an integrated 
                congestion management system;
                    ``(B) deployment and operation of a system that 
                implements or enforces high occupancy vehicle toll 
                lanes, cordon pricing, parking pricing, or congestion 
                pricing;
                    ``(C) deployment and operation of mobility services, 
                including establishing account-based financial systems, 
                commuter buses, commuter vans, express operations, 
                paratransit, and on-demand microtransit; and

[[Page 135 STAT. 560]]

                    ``(D) incentive programs that encourage travelers to 
                carpool, use nonhighway travel modes during peak period, 
                or travel during nonpeak periods.
            ``(5) Application; selection.--
                    ``(A) Application.--To be eligible to receive a 
                grant under the program, an eligible entity shall submit 
                to the Secretary an application at such time, in such 
                manner, and containing such information as the Secretary 
                may require.
                    ``(B) Priority.--In providing grants under the 
                program, the Secretary shall give priority to projects 
                in urbanized areas that are experiencing a high degree 
                of recurrent congestion.
                    ``(C) Federal share.--The Federal share of the cost 
                of a project carried out with a grant under the program 
                shall not exceed 80 percent of the total project cost.
                    ``(D) Minimum award.--A grant provided under the 
                program shall be not less than $10,000,000.
            ``(6) Use of tolling.--
                    ``(A) In general.--Notwithstanding subsection (a)(1) 
                and section 301 and subject to subparagraphs (B) and 
                (C), the Secretary shall allow the use of tolls on the 
                Interstate System as part of a project carried out with 
                a grant under the program.
                    ``(B) Requirements.--The Secretary may only approve 
                the use of tolls under subparagraph (A) if--
                          ``(i) the eligible entity has authority under 
                      State, and if applicable, local, law to assess the 
                      applicable toll;
                          ``(ii) the maximum toll rate for any vehicle 
                      class is not greater than the product obtained by 
                      multiplying--
                                    ``(I) the toll rate for any other 
                                vehicle class; and
                                    ``(II) 5;
                          ``(iii) the toll rates are not charged or 
                      varied on the basis of State residency;
                          ``(iv) <<NOTE: Determination.>>  the Secretary 
                      determines that the use of tolls will enable the 
                      eligible entity to achieve the program goals under 
                      paragraph (3) without a significant impact to 
                      safety or mobility within the urbanized area in 
                      which the project is located; and
                          ``(v) the use of toll revenues complies with 
                      subsection (a)(3).
                    ``(C) Limitation.--The Secretary may not approve the 
                use of tolls on the Interstate System under the program 
                in more than 10 urbanized areas.
            ``(7) Financial effects on low-income drivers.--A project 
        under the program--
                    ``(A) <<NOTE: Analysis.>>  shall include, if 
                appropriate, an analysis of the potential effects of the 
                project on low-income drivers; and
                    ``(B) may include mitigation measures to deal with 
                any potential adverse financial effects on low-income 
                drivers.''.

    (b) High Occupancy Vehicle Use of Certain Toll Facilities.--Section 
129(a) of title 23, United States Code, is amended--

[[Page 135 STAT. 561]]

            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following:
            ``(10) High occupancy vehicle use of certain toll 
        facilities. <<NOTE: Consultation. Determination.>> --
        Notwithstanding section 102(a), in the case of a toll facility 
        that is on the Interstate System and that is constructed or 
        converted after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021, the public authority 
        with jurisdiction over the toll facility shall allow high 
        occupancy vehicles, transit, and paratransit vehicles to use the 
        facility at a discount rate or without charge, unless the public 
        authority, in consultation with the Secretary, determines that 
        the number of those vehicles using the facility reduces the 
        travel time reliability of the facility.''.
SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE, 
                            EFFICIENT, AND COST-SAVING 
                            TRANSPORTATION (PROTECT) PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11403(a)), is amended by adding at the end the 
following:
``Sec. 176. <<NOTE: 23 USC 176.>>  Promoting Resilient Operations 
                for Transformative, Efficient, and Cost-saving 
                Transportation (PROTECT) program

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

[[Page 135 STAT. 562]]

                    ``(B) that--
                          ``(i) reduce the magnitude and duration of 
                      impacts of current and future weather events and 
                      natural disasters to a project; or
                          ``(ii) have the absorptive capacity, adaptive 
                      capacity, and recoverability to decrease project 
                      vulnerability to current and future weather events 
                      or natural disasters.

    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish a program, 
        to be known as the `Promoting Resilient Operations for 
        Transformative, Efficient, and Cost-saving Transportation 
        program' or the `PROTECT program'.
            ``(2) <<NOTE: Grants.>>  Purpose.--The purpose of the 
        program is to provide grants for resilience improvements 
        through--
                    ``(A) formula funding distributed to States to carry 
                out subsection (c);
                    ``(B) competitive planning grants to enable 
                communities to assess vulnerabilities to current and 
                future weather events and natural disasters and changing 
                conditions, including sea level rise, and plan 
                transportation improvements and emergency response 
                strategies to address those vulnerabilities; and
                    ``(C) competitive resilience improvement grants to 
                protect--
                          ``(i) surface transportation assets by making 
                      the assets more resilient to current and future 
                      weather events and natural disasters, such as 
                      severe storms, flooding, drought, levee and dam 
                      failures, wildfire, rockslides, mudslides, sea 
                      level rise, extreme weather, including extreme 
                      temperature, and earthquakes;
                          ``(ii) communities through resilience 
                      improvements and strategies that allow for the 
                      continued operation or rapid recovery of surface 
                      transportation systems that--
                                    ``(I) serve critical local, 
                                regional, and national needs, including 
                                evacuation routes; and
                                    ``(II) provide access or service to 
                                hospitals and other medical or emergency 
                                service facilities, major employers, 
                                critical manufacturing centers, ports 
                                and intermodal facilities, utilities, 
                                and Federal facilities;
                          ``(iii) coastal infrastructure, such as a tide 
                      gate to protect highways, that is at long-term 
                      risk to sea level rise; and
                          ``(iv) natural infrastructure that protects 
                      and enhances surface transportation assets while 
                      improving ecosystem conditions, including culverts 
                      that ensure adequate flows in rivers and estuarine 
                      systems.

    ``(c) Eligible Activities for Apportioned Funding.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds apportioned to the State under section 104(b)(8) shall be 
        obligated for activities eligible under subparagraph (A), (B), 
        or (C) of subsection (d)(4).
            ``(2) Planning set-aside.--Of the funds apportioned to a 
        State under section 104(b)(8) for each fiscal year, not less

[[Page 135 STAT. 563]]

        than 2 percent shall be for activities described in subsection 
        (d)(3).
            ``(3) Requirements.--
                    ``(A) Projects in certain areas.--If a project under 
                this subsection is carried out, in whole or in part, 
                within a base floodplain, the State shall--
                          ``(i) identify the base floodplain in which 
                      the project is to be located and disclose that 
                      information to the Secretary; and
                          ``(ii) indicate to the Secretary whether the 
                      State plans to implement 1 or more components of 
                      the risk mitigation plan under section 322 of the 
                      Robert T. Stafford Disaster Relief and Emergency 
                      Assistance Act (42 U.S.C. 5165) with respect to 
                      the area.
                    ``(B) Eligibilities.--A State shall use funds 
                apportioned to the State under section 104(b)(8) for--
                          ``(i) a highway project eligible for 
                      assistance under this title;
                          ``(ii) a public transportation facility or 
                      service eligible for assistance under chapter 53 
                      of title 49; or
                          ``(iii) a port facility, including a facility 
                      that--
                                    ``(I) connects a port to other modes 
                                of transportation;
                                    ``(II) improves the efficiency of 
                                evacuations and disaster relief; or
                                    ``(III) aids transportation.
                    ``(C) System resilience.--A project carried out by a 
                State with funds apportioned to the State under section 
                104(b)(8) may include the use of natural infrastructure 
                or the construction or modification of storm surge, 
                flood protection, or aquatic ecosystem restoration 
                elements that are functionally connected to a 
                transportation improvement, such as--
                          ``(i) increasing marsh health and total area 
                      adjacent to a highway right-of-way to promote 
                      additional flood storage;
                          ``(ii) upgrades to and installation of 
                      culverts designed to withstand 100-year flood 
                      events;
                          ``(iii) upgrades to and installation of tide 
                      gates to protect highways;
                          ``(iv) upgrades to and installation of flood 
                      gates to protect tunnel entrances; and
                          ``(v) improving functionality and resiliency 
                      of stormwater controls, including inventory 
                      inspections, upgrades to, and preservation of best 
                      management practices to protect surface 
                      transportation infrastructure.
                    ``(D) Federal cost share.--
                          ``(i) In general.--Except as provided in 
                      subsection (e)(1), the Federal share of the cost 
                      of a project carried out using funds apportioned 
                      to the State under section 104(b)(8) shall not 
                      exceed 80 percent of the total project cost.
                          ``(ii) Non-federal share.--A State may use 
                      Federal funds other than Federal funds apportioned 
                      to the State under section 104(b)(8) to meet the 
                      non-

[[Page 135 STAT. 564]]

                      Federal cost share requirement for a project under 
                      this subsection.
                    ``(E) Eligible project costs.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), eligible project costs for activities 
                      carried out by a State with funds apportioned to 
                      the State under section 104(b)(8) may include the 
                      costs of--
                                    ``(I) development phase activities, 
                                including planning, feasibility 
                                analysis, revenue forecasting, 
                                environmental review, preliminary 
                                engineering and design work, and other 
                                preconstruction activities; and
                                    ``(II) construction, reconstruction, 
                                rehabilitation, and acquisition of real 
                                property (including land related to the 
                                project and improvements to land), 
                                environmental mitigation, construction 
                                contingencies, acquisition of equipment 
                                directly related to improving system 
                                performance, and operational 
                                improvements.
                          ``(ii) Eligible planning costs.--In the case 
                      of a planning activity described in subsection 
                      (d)(3) that is carried out by a State with funds 
                      apportioned to the State under section 104(b)(8), 
                      eligible costs may include development phase 
                      activities, including planning, feasibility 
                      analysis, revenue forecasting, environmental 
                      review, preliminary engineering and design work, 
                      other preconstruction activities, and other 
                      activities consistent with carrying out the 
                      purposes of subsection (d)(3).
                    ``(F) Limitations.--A State--
                          ``(i) may use not more than 40 percent of the 
                      amounts apportioned to the State under section 
                      104(b)(8) for the construction of new capacity; 
                      and
                          ``(ii) may use not more than 10 percent of the 
                      amounts apportioned to the State under section 
                      104(b)(8) for activities described in subparagraph 
                      (E)(i)(I).

    ``(d) Competitive Awards.--
            ``(1) In general.--In addition to funds apportioned to 
        States under section 104(b)(8) to carry out activities under 
        subsection (c), the Secretary shall provide grants on a 
        competitive basis under this subsection to eligible entities 
        described in paragraph (2).
            ``(2) Eligible entities.--Except as provided in paragraph 
        (4)(C), the Secretary may make a grant under this subsection to 
        any of the following:
                    ``(A) A State or political subdivision of a State.
                    ``(B) A metropolitan planning organization.
                    ``(C) A unit of local government.
                    ``(D) A special purpose district or public authority 
                with a transportation function, including a port 
                authority.
                    ``(E) An Indian tribe (as defined in section 
                207(m)(1)).
                    ``(F) A Federal land management agency that applies 
                jointly with a State or group of States.
                    ``(G) A multi-State or multijurisdictional group of 
                entities described in subparagraphs (A) through (F).

[[Page 135 STAT. 565]]

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

[[Page 135 STAT. 566]]

                                            ``(gg) a resilience project 
                                        that addresses identified 
                                        vulnerabilities described in the 
                                        resilience improvement plan of 
                                        the eligible entity, if 
                                        applicable;
                                            ``(hh) relocating roadways 
                                        in a base floodplain to higher 
                                        ground above projected flood 
                                        elevation levels, or away from 
                                        slide prone areas;
                                            ``(ii) stabilizing slide 
                                        areas or slopes;
                                            ``(jj) installing riprap;
                                            ``(kk) lengthening or 
                                        raising bridges to increase 
                                        waterway openings, including to 
                                        respond to extreme weather;
                                            ``(ll) increasing the size 
                                        or number of drainage 
                                        structures;
                                            ``(mm) installing seismic 
                                        retrofits on bridges;
                                            ``(nn) adding scour 
                                        protection at bridges;
                                            ``(oo) adding scour, stream 
                                        stability, coastal, and other 
                                        hydraulic countermeasures, 
                                        including spur dikes;
                                            ``(pp) vegetation management 
                                        practices in transportation 
                                        rights-of-way to improve roadway 
                                        safety, prevent against invasive 
                                        species, facilitate wildfire 
                                        control, and provide erosion 
                                        control; and
                                            ``(qq) any other protective 
                                        features, including natural 
                                        infrastructure, as determined by 
                                        the Secretary.
                          ``(iii) Priority.--The Secretary shall 
                      prioritize a resilience improvement grant to an 
                      eligible entity if--
                                    ``(I) <<NOTE: Determination.>>  the 
                                Secretary determines--
                                            ``(aa) the benefits of the 
                                        eligible activity proposed to be 
                                        carried out by the eligible 
                                        entity exceed the costs of the 
                                        activity; and
                                            ``(bb) there is a need to 
                                        address the vulnerabilities of 
                                        surface transportation assets of 
                                        the eligible entity with a high 
                                        risk of, and impacts associated 
                                        with, failure due to the impacts 
                                        of weather events, natural 
                                        disasters, or changing 
                                        conditions, such as sea level 
                                        rise, wildfires, and increased 
                                        flood risk; or
                                    ``(II) the eligible activity 
                                proposed to be carried out by the 
                                eligible entity is included in the 
                                applicable resilience improvement plan 
                                under subsection (e)(2).
                    ``(B) Community resilience and evacuation route 
                grants.--
                          ``(i) In general.--Using funds made available 
                      under this subsection, the Secretary shall provide 
                      community resilience and evacuation route grants 
                      to eligible entities to carry out 1 or more 
                      eligible activities under clause (ii).
                          ``(ii) Eligible activities.--An eligible 
                      entity may use a community resilience and 
                      evacuation route grant under this subparagraph for 
                      1 or more projects that strengthen and protect 
                      evacuation routes that are

[[Page 135 STAT. 567]]

                      essential for providing and supporting evacuations 
                      caused by emergency events, including a project 
                      that--
                                    ``(I) is an eligible activity under 
                                subparagraph (A)(ii), if that eligible 
                                activity will improve an evacuation 
                                route;
                                    ``(II) ensures the ability of the 
                                evacuation route to provide safe passage 
                                during an evacuation and reduces the 
                                risk of damage to evacuation routes as a 
                                result of future emergency events, 
                                including restoring or replacing 
                                existing evacuation routes that are in 
                                poor condition or not designed to meet 
                                the anticipated demand during an 
                                emergency event, and including steps to 
                                protect routes from mud, rock, or other 
                                debris slides;
                                    ``(III) <<NOTE: Notification.>>  if 
                                the eligible entity notifies the 
                                Secretary that existing evacuation 
                                routes are not sufficient to adequately 
                                facilitate evacuations, including the 
                                transportation of emergency responders 
                                and recovery resources, expands the 
                                capacity of evacuation routes to swiftly 
                                and safely accommodate evacuations, 
                                including installation of--
                                            ``(aa) communications and 
                                        intelligent transportation 
                                        system equipment and 
                                        infrastructure;
                                            ``(bb) counterflow measures; 
                                        or
                                            ``(cc) shoulders;
                                    ``(IV) <<NOTE: Notification.>>  is 
                                for the construction of new or redundant 
                                evacuation routes, if the eligible 
                                entity notifies the Secretary that 
                                existing evacuation routes are not 
                                sufficient to adequately facilitate 
                                evacuations, including the 
                                transportation of emergency responders 
                                and recovery resources;
                                    ``(V) is for the acquisition of 
                                evacuation route or traffic incident 
                                management equipment or signage; or
                                    ``(VI) will ensure access or service 
                                to critical destinations, including 
                                hospitals and other medical or emergency 
                                service facilities, major employers, 
                                critical manufacturing centers, ports 
                                and intermodal facilities, utilities, 
                                and Federal facilities.
                          ``(iii) <<NOTE: Determination.>>  Priority.--
                      The Secretary shall prioritize community 
                      resilience and evacuation route grants under this 
                      subparagraph for eligible activities that are 
                      cost-effective, as determined by the Secretary, 
                      taking into account--
                                    ``(I) current and future 
                                vulnerabilities to an evacuation route 
                                due to future occurrence or recurrence 
                                of emergency events that are likely to 
                                occur in the geographic area in which 
                                the evacuation route is located; and
                                    ``(II) projected changes in 
                                development patterns, demographics, and 
                                extreme weather events based on the best 
                                available evidence and analysis.
                          ``(iv) Consultation.--In providing grants for 
                      community resilience and evacuation routes under 
                      this subparagraph, the Secretary may consult with 
                      the

[[Page 135 STAT. 568]]

                      Administrator of the Federal Emergency Management 
                      Agency, who may provide technical assistance to 
                      the Secretary and to eligible entities.
                    ``(C) At-risk coastal infrastructure grants.--
                          ``(i) Definition of eligible entity.--In this 
                      subparagraph, the term `eligible entity' means any 
                      of the following:
                                    ``(I) <<NOTE: Territories.>>  A 
                                State (including the United States 
                                Virgin Islands, Guam, American Samoa, 
                                and the Commonwealth of the Northern 
                                Mariana Islands) in, or bordering on, 
                                the Atlantic, Pacific, or Arctic Ocean, 
                                the Gulf of Mexico, Long Island Sound, 
                                or 1 or more of the Great Lakes.
                                    ``(II) A political subdivision of a 
                                State described in subclause (I).
                                    ``(III) A metropolitan planning 
                                organization in a State described in 
                                subclause (I).
                                    ``(IV) A unit of local government in 
                                a State described in subclause (I).
                                    ``(V) A special purpose district or 
                                public authority with a transportation 
                                function, including a port authority, in 
                                a State described in subclause (I).
                                    ``(VI) An Indian tribe in a State 
                                described in subclause (I).
                                    ``(VII) A Federal land management 
                                agency that applies jointly with a State 
                                or group of States described in 
                                subclause (I).
                                    ``(VIII) A multi-State or 
                                multijurisdictional group of entities 
                                described in subclauses (I) through 
                                (VII).
                          ``(ii) Grants.--Using funds made available 
                      under this subsection, the Secretary shall provide 
                      at-risk coastal infrastructure grants to eligible 
                      entities to carry out 1 or more eligible 
                      activities under clause (iii).
                          ``(iii) Eligible activities.--An eligible 
                      entity may use an at-risk coastal infrastructure 
                      grant under this subparagraph for strengthening, 
                      stabilizing, hardening, elevating, relocating, or 
                      otherwise enhancing the resilience of highway and 
                      non-rail infrastructure, including bridges, roads, 
                      pedestrian walkways, and bicycle lanes, and 
                      associated infrastructure, such as culverts and 
                      tide gates to protect highways, that are subject 
                      to, or face increased long-term future risks of, a 
                      weather event, a natural disaster, or changing 
                      conditions, including coastal flooding, coastal 
                      erosion, wave action, storm surge, or sea level 
                      rise, in order to improve transportation and 
                      public safety and to reduce costs by avoiding 
                      larger future maintenance or rebuilding costs.
                          ``(iv) Criteria.--The Secretary shall provide 
                      at-risk coastal infrastructure grants under this 
                      subparagraph for a project--
                                    ``(I) that addresses the risks from 
                                a current or future weather event or 
                                natural disaster, including coastal 
                                flooding, coastal erosion, wave action, 
                                storm surge, or sea level change; and

[[Page 135 STAT. 569]]

                                    ``(II) that reduces long-term 
                                infrastructure costs by avoiding larger 
                                future maintenance or rebuilding costs.
                          ``(v) <<NOTE: Evaluation.>>  Coastal 
                      benefits.--In addition to the criteria under 
                      clause (iv), for the purpose of providing at-risk 
                      coastal infrastructure grants under this 
                      subparagraph, the Secretary shall evaluate the 
                      extent to which a project will provide--
                                    ``(I) access to coastal homes, 
                                businesses, communities, and other 
                                critical infrastructure, including 
                                access by first responders and other 
                                emergency personnel; or
                                    ``(II) access to a designated 
                                evacuation route.
            ``(5) Grant requirements.--
                    ``(A) Solicitations for grants.--In providing grants 
                under this subsection, the Secretary shall conduct a 
                transparent and competitive national solicitation 
                process to select eligible projects to receive grants 
                under paragraph (3) and subparagraphs (A), (B), and (C) 
                of paragraph (4).
                    ``(B) Applications.--
                          ``(i) <<NOTE: Determination.>>  In general.--
                      To be eligible to receive a grant under paragraph 
                      (3) or subparagraph (A), (B), or (C) of paragraph 
                      (4), an eligible entity shall submit to the 
                      Secretary an application in such form, at such 
                      time, and containing such information as the 
                      Secretary determines to be necessary.
                          ``(ii) Projects in certain areas.--If a 
                      project is proposed to be carried out by the 
                      eligible entity, in whole or in part, within a 
                      base floodplain, the eligible entity shall--
                                    ``(I) <<NOTE: Disclosure.>>  as part 
                                of the application, identify the 
                                floodplain in which the project is to be 
                                located and disclose that information to 
                                the Secretary; and
                                    ``(II) indicate in the application 
                                whether, if selected, the eligible 
                                entity will implement 1 or more 
                                components of the risk mitigation plan 
                                under section 322 of the Robert T. 
                                Stafford Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5165) with 
                                respect to the area.
                    ``(C) Eligibilities.--The Secretary may make a grant 
                under paragraph (3) or subparagraph (A), (B), or (C) of 
                paragraph (4) only for--
                          ``(i) a highway project eligible for 
                      assistance under this title;
                          ``(ii) a public transportation facility or 
                      service eligible for assistance under chapter 53 
                      of title 49;
                          ``(iii) a facility or service for intercity 
                      rail passenger transportation (as defined in 
                      section 24102 of title 49); or
                          ``(iv) a port facility, including a facility 
                      that--
                                    ``(I) connects a port to other modes 
                                of transportation;
                                    ``(II) improves the efficiency of 
                                evacuations and disaster relief; or
                                    ``(III) aids transportation.
                    ``(D) <<NOTE: Determination.>>  System resilience.--
                A project for which a grant is provided under paragraph 
                (3) or subparagraph (A), (B),

[[Page 135 STAT. 570]]

                or (C) of paragraph (4) may include the use of natural 
                infrastructure or the construction or modification of 
                storm surge, flood protection, or aquatic ecosystem 
                restoration elements that the Secretary determines are 
                functionally connected to a transportation improvement, 
                such as--
                          ``(i) increasing marsh health and total area 
                      adjacent to a highway right-of-way to promote 
                      additional flood storage;
                          ``(ii) upgrades to and installing of culverts 
                      designed to withstand 100-year flood events;
                          ``(iii) upgrades to and installation of tide 
                      gates to protect highways; and
                          ``(iv) upgrades to and installation of flood 
                      gates to protect tunnel entrances.
                    ``(E) Federal cost share.--
                          ``(i) Planning grant.--The Federal share of 
                      the cost of a planning activity carried out using 
                      a planning grant under paragraph (3) shall be 100 
                      percent.
                          ``(ii) Resilience grants.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II) and 
                                subsection (e)(1), the Federal share of 
                                the cost of a project carried out using 
                                a grant under subparagraph (A), (B), or 
                                (C) of paragraph (4) shall not exceed 80 
                                percent of the total project cost.
                                    ``(II) <<NOTE: Determination.>>  
                                Tribal projects.--On the determination 
                                of the Secretary, the Federal share of 
                                the cost of a project carried out using 
                                a grant under subparagraph (A), (B), or 
                                (C) of paragraph (4) by an Indian tribe 
                                (as defined in section 207(m)(1)) may be 
                                up to 100 percent.
                          ``(iii) Non-federal share.--The eligible 
                      entity may use Federal funds other than Federal 
                      funds provided under this subsection to meet the 
                      non-Federal cost share requirement for a project 
                      carried out with a grant under this subsection.
                    ``(F) Eligible project costs.--
                          ``(i) Resilience grant projects.--Eligible 
                      project costs for activities funded with a grant 
                      under subparagraph (A), (B), or (C) of paragraph 
                      (4) may include the costs of--
                                    ``(I) development phase activities, 
                                including planning, feasibility 
                                analysis, revenue forecasting, 
                                environmental review, preliminary 
                                engineering and design work, and other 
                                preconstruction activities; and
                                    ``(II) construction, reconstruction, 
                                rehabilitation, and acquisition of real 
                                property (including land related to the 
                                project and improvements to land), 
                                environmental mitigation, construction 
                                contingencies, acquisition of equipment 
                                directly related to improving system 
                                performance, and operational 
                                improvements.
                          ``(ii) Planning grants.--Eligible project 
                      costs for activities funded with a grant under 
                      paragraph (3) may include the costs of development 
                      phase activities,

[[Page 135 STAT. 571]]

                      including planning, feasibility analysis, revenue 
                      forecasting, environmental review, preliminary 
                      engineering and design work, other preconstruction 
                      activities, and other activities consistent with 
                      carrying out the purposes of that paragraph.
                    ``(G) Limitations.--
                          ``(i) In general.--An eligible entity that 
                      receives a grant under subparagraph (A), (B), or 
                      (C) of paragraph (4)--
                                    ``(I) may use not more than 40 
                                percent of the amount of the grant for 
                                the construction of new capacity; and
                                    ``(II) may use not more than 10 
                                percent of the amount of the grant for 
                                activities described in subparagraph 
                                (F)(i)(I).
                          ``(ii) Limit on certain activities.--For each 
                      fiscal year, not more than 25 percent of the total 
                      amount provided under this subsection may be used 
                      for projects described in subparagraph (C)(iii).
                    ``(H) <<NOTE: Determinations.>>  Distribution of 
                grants.--
                          ``(i) In general.--Subject to the availability 
                      of funds, an eligible entity may request and the 
                      Secretary may distribute funds for a grant under 
                      this subsection on a multiyear basis, as the 
                      Secretary determines to be necessary.
                          ``(ii) Rural set-aside.--Of the amounts made 
                      available to carry out this subsection for each 
                      fiscal year, the Secretary shall use not less than 
                      25 percent for grants for projects located in 
                      areas that are outside an urbanized area with a 
                      population of over 200,000.
                          ``(iii) Tribal set-aside.--Of the amounts made 
                      available to carry out this subsection for each 
                      fiscal year, the Secretary shall use not less than 
                      2 percent for grants to Indian tribes (as defined 
                      in section 207(m)(1)).
                          ``(iv) Reallocation.--For any fiscal year, if 
                      the Secretary determines that the amount described 
                      in clause (ii) or (iii) will not be fully utilized 
                      for the grant described in that clause, the 
                      Secretary may reallocate the unutilized funds to 
                      provide grants to other eligible entities under 
                      this subsection.
            ``(6) Consultation.--In carrying out this subsection, the 
        Secretary shall--
                    ``(A) consult with the Assistant Secretary of the 
                Army for Civil Works, the Administrator of the 
                Environmental Protection Agency, the Secretary of the 
                Interior, and the Secretary of Commerce; and
                    ``(B) solicit technical support from the 
                Administrator of the Federal Emergency Management 
                Agency.
            ``(7) Grant administration.--The Secretary may--
                    ``(A) retain not more than a total of 5 percent of 
                the funds made available to carry out this subsection 
                and to review applications for grants under this 
                subsection; and
                    ``(B) <<NOTE: Transfer authority.>>  transfer 
                portions of the funds retained under subparagraph (A) to 
                the relevant Administrators to fund the award and 
                oversight of grants provided under this subsection.

[[Page 135 STAT. 572]]

    ``(e) Resilience Improvement Plan and Lower Non-Federal Share.--
            ``(1) Federal share reductions.--
                    ``(A) In general.--A State that receives funds 
                apportioned to the State under section 104(b)(8) or an 
                eligible entity that receives a grant under subsection 
                (d) shall have the non-Federal share of a project 
                carried out with the funds or grant, as applicable, 
                reduced by an amount described in subparagraph (B) if 
                the State or eligible entity meets the applicable 
                requirements under that subparagraph.
                    ``(B) Amount of reductions.--
                          ``(i) Resilience improvement plan.--Subject to 
                      clause (iii), the amount of the non-Federal share 
                      of the costs of a project carried out with funds 
                      apportioned to a State under section 104(b)(8) or 
                      a grant under subsection (d) shall be reduced by 7 
                      percentage points if--
                                    ``(I) in the case of a State or an 
                                eligible entity that is a State or a 
                                metropolitan planning organization, the 
                                State or eligible entity has--
                                            ``(aa) developed a 
                                        resilience improvement plan in 
                                        accordance with this subsection; 
                                        and
                                            ``(bb) prioritized the 
                                        project on that resilience 
                                        improvement plan; and
                                    ``(II) in the case of an eligible 
                                entity not described in subclause (I), 
                                the eligible entity is located in a 
                                State or an area served by a 
                                metropolitan planning organization that 
                                has--
                                            ``(aa) developed a 
                                        resilience improvement plan in 
                                        accordance with this subsection; 
                                        and
                                            ``(bb) prioritized the 
                                        project on that resilience 
                                        improvement plan.
                          ``(ii) Incorporation of resilience improvement 
                      plan in other planning.--Subject to clause (iii), 
                      the amount of the non-Federal share of the cost of 
                      a project carried out with funds under subsection 
                      (c) or a grant under subsection (d) shall be 
                      reduced by 3 percentage points if--
                                    ``(I) in the case of a State or an 
                                eligible entity that is a State or a 
                                metropolitan planning organization, the 
                                resilience improvement plan developed in 
                                accordance with this subsection has been 
                                incorporated into the metropolitan 
                                transportation plan under section 134 or 
                                the long-range statewide transportation 
                                plan under section 135, as applicable; 
                                and
                                    ``(II) in the case of an eligible 
                                entity not described in subclause (I), 
                                the eligible entity is located in a 
                                State or an area served by a 
                                metropolitan planning organization that 
                                incorporated a resilience improvement 
                                plan into the metropolitan 
                                transportation plan under section 134 or 
                                the long-range statewide transportation 
                                plan under section 135, as applicable.
                          ``(iii) Limitations.--

[[Page 135 STAT. 573]]

                                    ``(I) Maximum reduction.--A State or 
                                eligible entity may not receive a 
                                reduction under this paragraph of more 
                                than 10 percentage points for any single 
                                project carried out with funds under 
                                subsection (c) or a grant under 
                                subsection (d).
                                    ``(II) No negative non-federal 
                                share.--A reduction under this paragraph 
                                shall not reduce the non-Federal share 
                                of the costs of a project carried out 
                                with funds under subsection (c) or a 
                                grant under subsection (d) to an amount 
                                that is less than zero.
            ``(2) Plan contents.--A resilience improvement plan referred 
        to in paragraph (1)--
                    ``(A) shall be for the immediate and long-range 
                planning activities and investments of the State or 
                metropolitan planning organization with respect to 
                resilience of the surface transportation system within 
                the boundaries of the State or metropolitan planning 
                organization, as applicable;
                    ``(B) shall demonstrate a systemic approach to 
                surface transportation system resilience and be 
                consistent with and complementary of the State and local 
                mitigation plans required under section 322 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5165);
                    ``(C) <<NOTE: Assessment.>>  shall include a risk-
                based assessment of vulnerabilities of transportation 
                assets and systems to current and future weather events 
                and natural disasters, such as severe storms, flooding, 
                drought, levee and dam failures, wildfire, rockslides, 
                mudslides, sea level rise, extreme weather, including 
                extreme temperatures, and earthquakes;
                    ``(D) may--
                          ``(i) designate evacuation routes and 
                      strategies, including multimodal facilities, 
                      designated with consideration for individuals 
                      without access to personal vehicles;
                          ``(ii) plan for response to anticipated 
                      emergencies, including plans for the mobility of--
                                    ``(I) emergency response personnel 
                                and equipment; and
                                    ``(II) access to emergency services, 
                                including for vulnerable or 
                                disadvantaged populations;
                          ``(iii) describe the resilience improvement 
                      policies, including strategies, land-use and 
                      zoning changes, investments in natural 
                      infrastructure, or performance measures that will 
                      inform the transportation investment decisions of 
                      the State or metropolitan planning organization 
                      with the goal of increasing resilience;
                          ``(iv) include an investment plan that--
                                    ``(I) <<NOTE: List.>>  includes a 
                                list of priority projects; and
                                    ``(II) describes how funds 
                                apportioned to the State under section 
                                104(b)(8) or provided by a grant under 
                                the program would be invested and 
                                matched, which shall not be subject to 
                                fiscal constraint requirements; and
                          ``(v) use science and data and indicate the 
                      source of data and methodologies; and

[[Page 135 STAT. 574]]

                    ``(E) shall, as appropriate--
                          ``(i) include a description of how the plan 
                      will improve the ability of the State or 
                      metropolitan planning organization--
                                    ``(I) to respond promptly to the 
                                impacts of weather events and natural 
                                disasters; and
                                    ``(II) to be prepared for changing 
                                conditions, such as sea level rise and 
                                increased flood risk;
                          ``(ii) describe the codes, standards, and 
                      regulatory framework, if any, adopted and enforced 
                      to ensure resilience improvements within the 
                      impacted area of proposed projects included in the 
                      resilience improvement plan;
                          ``(iii) consider the benefits of combining 
                      hard surface transportation assets, and natural 
                      infrastructure, through coordinated efforts by the 
                      Federal Government and the States;
                          ``(iv) <<NOTE: Assessment.>>  assess the 
                      resilience of other community assets, including 
                      buildings and housing, emergency management 
                      assets, and energy, water, and communication 
                      infrastructure;
                          ``(v) use a long-term planning period; and
                          ``(vi) include such other information as the 
                      State or metropolitan planning organization 
                      considers appropriate.
            ``(3) No new planning requirements.--Nothing in this section 
        requires a metropolitan planning organization or a State to 
        develop a resilience improvement plan or to include a resilience 
        improvement plan under the metropolitan transportation plan 
        under section 134 or the long-range statewide transportation 
        plan under section 135, as applicable, of the metropolitan 
        planning organization or State.

    ``(f) Monitoring.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 18 
        months after the date of enactment of this section, the 
        Secretary shall--
                    ``(A) establish, for the purpose of evaluating the 
                effectiveness and impacts of projects carried out with a 
                grant under subsection (d)--
                          ``(i) <<NOTE: Determination.>>  subject to 
                      paragraph (2), transportation and any other 
                      metrics as the Secretary determines to be 
                      necessary; and
                          ``(ii) <<NOTE: Procedures.>>  procedures for 
                      monitoring and evaluating projects based on those 
                      metrics; and
                    ``(B) select a representative sample of projects to 
                evaluate based on the metrics and procedures established 
                under subparagraph (A).
            ``(2) Notice.--Before adopting any metrics described in 
        paragraph (1), the Secretary shall--
                    ``(A) <<NOTE: Federal Register, publication.>>  
                publish the proposed metrics in the Federal Register; 
                and
                    ``(B) <<NOTE: Public comment.>>  provide to the 
                public an opportunity for comment on the proposed 
                metrics.

    ``(g) Reports.--
            ``(1) Reports from eligible entities.--Not later than 1 year 
        after the date on which a project carried out with a grant under 
        subsection (d) is completed, the eligible entity that carried 
        out the project shall submit to the Secretary a

[[Page 135 STAT. 575]]

        report on the results of the project and the use of the funds 
        awarded.
            ``(2) Reports to congress.--
                    ``(A) <<NOTE: Web posting.>>  Annual reports.--The 
                Secretary shall submit to the Committee on Environment 
                and Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives, and publish on the website of the 
                Department of Transportation, an annual report that 
                describes the implementation of the program during the 
                preceding calendar year, including--
                          ``(i) each project for which a grant was 
                      provided under subsection (d);
                          ``(ii) information relating to project 
                      applications received;
                          ``(iii) the manner in which the consultation 
                      requirements were implemented under subsection 
                      (d);
                          ``(iv) <<NOTE: Recommenda- tions.>>  
                      recommendations to improve the administration of 
                      subsection (d), including whether assistance from 
                      additional or fewer agencies to carry out the 
                      program is appropriate;
                          ``(v) the period required to disburse grant 
                      funds to eligible entities based on applicable 
                      Federal coordination requirements; and
                          ``(vi) <<NOTE: List.>>  a list of facilities 
                      that repeatedly require repair or reconstruction 
                      due to emergency events.
                    ``(B) Final report.--Not later than 5 years after 
                the date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to Congress a report that includes the results of the 
                reports submitted under subparagraph (A).

    ``(h) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under this chapter.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11403(b)), <<NOTE: 23 USC 101 
prec.>>  is amended by inserting after the item relating to section 175 
the following:

``176. Promoting Resilient Operations for Transformative, Efficient, and 
           Cost-saving Transportation (PROTECT) program.''.

SEC. 11406. <<NOTE: 23 USC 149 note.>>  HEALTHY STREETS PROGRAM.

    (a) Definitions.--In this section:
            (1) Cool pavement.--The term ``cool pavement'' means a 
        pavement with reflective surfaces with higher albedo to decrease 
        the surface temperature of that pavement.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a metropolitan planning organization;
                    (C) a unit of local government;
                    (D) a Tribal government; and
                    (E) a nonprofit organization working in coordination 
                with an entity described in subparagraphs (A) through 
                (D).
            (3) Low-income community.--The term ``low-income community'' 
        means a census block group in which not less than 30 percent of 
        the population lives below the poverty line

[[Page 135 STAT. 576]]

        (as defined in section 673 of the Community Services Block Grant 
        Act (42 U.S.C. 9902)).
            (4) Porous pavement.--The term ``porous pavement'' means a 
        paved surface with a higher than normal percentage of air voids 
        to allow water to pass through the surface and infiltrate into 
        the subsoil.
            (5) Program.--The term ``program'' means the Healthy Streets 
        program established under subsection (b).
            (6) State.--The term ``State'' has the meaning given the 
        term in section 101(a) of title 23, United States Code.
            (7) Tribal government.--The term ``Tribal government'' means 
        the recognized governing body of any Indian or Alaska Native 
        tribe, band, nation, pueblo, village, community, component band, 
        or component reservation, individually identified (including 
        parenthetically) in the list published most recently as of the 
        date of enactment of this Act pursuant to section 104 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5131).

    (b) <<NOTE: Grants.>>  Establishment.--The Secretary shall establish 
a discretionary grant program, to be known as the ``Healthy Streets 
program'', to provide grants to eligible entities--
            (1) to deploy cool pavements and porous pavements; and
            (2) to expand tree cover.

    (c) Goals.--The goals of the program are--
            (1) to mitigate urban heat islands;
            (2) to improve air quality; and
            (3) to reduce--
                    (A) the extent of impervious surfaces;
                    (B) stormwater runoff and flood risks; and
                    (C) heat impacts to infrastructure and road users.

    (d) Application.--
            (1) In general.--To be eligible to receive a grant under the 
        program, an eligible entity shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (2) Requirements.--The application submitted by an eligible 
        entity under paragraph (1) shall include a description of--
                    (A) how the eligible entity would use the grant 
                funds; and
                    (B) the contribution that the projects intended to 
                be carried out with grant funds would make to improving 
                the safety, health outcomes, natural environment, and 
                quality of life in low-income communities and 
                disadvantaged communities.

    (e) Use of Funds.--An eligible entity that receives a grant under 
the program may use the grant funds for 1 or more of the following 
activities:
            (1) <<NOTE: Assessment.>>  Conducting an assessment of urban 
        heat islands to identify hot spot areas of extreme heat or 
        elevated air pollution.
            (2) <<NOTE: Assessment.>>  Conducting a comprehensive tree 
        canopy assessment, which shall assess the current tree locations 
        and canopy, including--
                    (A) <<NOTE: Inventory.>>  an inventory of the 
                location, species, condition, and health of existing 
                tree canopies and trees on public facilities; and
                    (B) an identification of--

[[Page 135 STAT. 577]]

                          (i) the locations where trees need to be 
                      replaced;
                          (ii) empty tree boxes or other locations where 
                      trees could be added; and
                          (iii) flood-prone locations where trees or 
                      other natural infrastructure could mitigate 
                      flooding.
            (3) <<NOTE: Assessment.>>  Conducting an equity assessment 
        by mapping tree canopy gaps, flood-prone locations, and urban 
        heat island hot spots as compared to--
                    (A) pedestrian walkways and public transportation 
                stop locations;
                    (B) low-income communities; and
                    (C) disadvantaged communities.
            (4) <<NOTE: Plan.>>  Planning activities, including 
        developing an investment plan based on the results of the 
        assessments carried out under paragraphs (1), (2), and (3).
            (5) Purchasing and deploying cool pavements to mitigate 
        urban heat island hot spots.
            (6) Purchasing and deploying porous pavement to mitigate 
        flooding and stormwater runoff in--
                    (A) pedestrian-only areas; and
                    (B) areas of low-volume, low-speed vehicular use.
            (7) Purchasing of trees, site preparation, planting of 
        trees, ongoing maintenance and monitoring of trees, and 
        repairing of storm damage to trees, with priority given to--
                    (A) to the extent practicable, the planting of 
                native species; and
                    (B) projects located in a neighborhood with lower 
                tree cover or higher maximum daytime summer temperatures 
                compared to surrounding neighborhoods.
            (8) <<NOTE: Assessment.>>  Assessing underground 
        infrastructure and coordinating with local transportation and 
        utility providers.
            (9) Hiring staff to conduct any of the activities described 
        in paragraphs (1) through (8).

    (f) Priority.--In awarding grants to eligible entities under the 
program, the Secretary shall give priority to an eligible entity--
            (1) proposing to carry out an activity or project in a low-
        income community or a disadvantaged community;
            (2) that has entered into a community benefits agreement 
        with representatives of the community; or
            (3) that is partnering with a qualified youth or 
        conservation corps (as defined in section 203 of the Public 
        Lands Corps Act of 1993 (16 U.S.C. 1722)).

    (g) Distribution Requirement.--Of the amounts made available to 
carry out the program for each fiscal year, not less than 80 percent 
shall be provided for projects in urbanized areas (as defined in section 
101(a) of title 23, United States Code).
    (h) Federal Share.--
            (1) In general.--Except as provided under paragraph (2), the 
        Federal share of the cost of a project carried out under the 
        program shall be 80 percent.
            (2) <<NOTE: Determination.>>  Waiver.--The Secretary may 
        increase the Federal share requirement under paragraph (1) to 
        100 percent for projects carried out by an eligible entity that 
        demonstrates economic hardship, as determined by the Secretary.

    (i) Maximum Grant Amount.--An individual grant under this section 
shall not exceed $15,000,000.

[[Page 135 STAT. 578]]

    (j) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under chapter 1 of title 23, United States 
Code.

                        Subtitle E--Miscellaneous

SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

    (a) <<NOTE: Repeal.>>  In General.--Section 105 of title 23, United 
States Code, is repealed.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC 101 prec.>>  is amended by striking 
the item relating to section 105.
SEC. 11502. <<NOTE: 23 USC 148 note.>>  STOPPING THREATS ON 
                            PEDESTRIANS.

    (a) Definition of Bollard Installation Project.--In this section, 
the term ``bollard installation project'' means a project to install 
raised concrete or metal posts on a sidewalk adjacent to a roadway that 
are designed to slow or stop a motor vehicle.
    (b) <<NOTE: Deadline. Grants.>>  Establishment.--Not later than 1 
year after the date of enactment of this Act and subject to the 
availability of appropriations, the Secretary shall establish and carry 
out a competitive grant pilot program to provide assistance to State 
departments of transportation and local government entities for bollard 
installation projects designed to prevent pedestrian injuries and acts 
of terrorism in areas used by large numbers of pedestrians.

    (c) <<NOTE: Determination.>>  Application.--To be eligible to 
receive a grant under this section, a State department of transportation 
or local government entity shall submit to the Secretary an application 
at such time, in such form, and containing such information as the 
Secretary determines to be appropriate, which shall include, at a 
minimum--
            (1) a description of the proposed bollard installation 
        project to be carried out;
            (2) a description of the pedestrian injury or terrorism 
        risks with respect to the proposed installation area; and
            (3) <<NOTE: Analysis.>>  an analysis of how the proposed 
        bollard installation project will mitigate those risks.

    (d) Use of Funds.--A recipient of a grant under this section may 
only use the grant funds for a bollard installation project.
    (e) Federal Share.--The Federal share of the costs of a bollard 
installation project carried out with a grant under this section may be 
up to 100 percent.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $5,000,000 for 
each of fiscal years 2022 through 2026.
    (g) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under chapter 1 of title 23, United States 
Code.
SEC. 11503. <<NOTE: 23 USC 120 note.>>  TRANSFER AND SALE OF TOLL 
                            CREDITS.

    (a) Definitions.--In this section:
            (1) Originating state.--The term ``originating State'' means 
        a State that--
                    (A) is eligible to use a credit under section 120(i) 
                of title 23, United States Code; and

[[Page 135 STAT. 579]]

                    (B) has been selected by the Secretary under 
                subsection (d)(2).
            (2) Pilot program.--The term ``pilot program'' means the 
        pilot program established under subsection (b).
            (3) Recipient state.--The term ``recipient State'' means a 
        State that receives a credit by transfer or by sale under this 
        section from an originating State.
            (4) State.--The term ``State'' has the meaning given the 
        term in section 101(a) of title 23, United States Code.

    (b) Establishment of Pilot Program.--The Secretary shall establish 
and implement a toll credit exchange pilot program in accordance with 
this section.
    (c) Purposes.--The purposes of the pilot program are--
            (1) to identify the extent of the demand to purchase toll 
        credits;
            (2) to identify the cash price of toll credits through 
        bilateral transactions between States;
            (3) to analyze the impact of the purchase or sale of toll 
        credits on transportation expenditures;
            (4) to test the feasibility of expanding the pilot program 
        to allow all States to participate on a permanent basis; and
            (5) to identify any other repercussions of the toll credit 
        exchange.

    (d) Selection of Originating States.--
            (1) <<NOTE: Verification.>>  Application.--In order to 
        participate in the pilot program as an originating State, a 
        State shall submit to the Secretary an application at such time, 
        in such manner, and containing such information as the Secretary 
        may require, including, at a minimum, such information as is 
        required for the Secretary to verify--
                    (A) the amount of unused toll credits for which the 
                State has submitted certification to the Secretary that 
                are available to be sold or transferred under the pilot 
                program, including--
                          (i) toll revenue generated and the sources of 
                      that revenue;
                          (ii) toll revenue used by public, quasi-
                      public, and private agencies to build, improve, or 
                      maintain highways, bridges, or tunnels that serve 
                      the public purpose of interstate commerce; and
                          (iii) an accounting of any Federal funds used 
                      by the public, quasi-public, or private agency to 
                      build, improve, or maintain the toll facility, to 
                      validate that the credit has been reduced by a 
                      percentage equal to the percentage of the total 
                      cost of building, improving, or maintaining the 
                      facility that was derived from Federal funds;
                    (B) the documentation of maintenance of effort for 
                toll credits earned by the originating State; and
                    (C) the accuracy of the accounting system of the 
                State to earn and track toll credits.
            (2) Selection.--Of the States that submit an application 
        under paragraph (1), the Secretary may select not more than 10 
        States to be designated as an originating State.
            (3) Limitation on sales.--At any time, the Secretary may 
        limit the amount of unused toll credits that may be offered for 
        sale under the pilot program.

[[Page 135 STAT. 580]]

    (e) Transfer or Sale of Credits.--
            (1) In general.--In carrying out the pilot program, the 
        Secretary shall provide that an originating State may transfer 
        or sell to a recipient State a credit not previously used by the 
        originating State under section 120(i) of title 23, United 
        States Code.
            (2) <<NOTE: Public information.>>  Website support.--The 
        Secretary shall make available a publicly accessible website on 
        which originating States shall post the amount of toll credits, 
        verified under subsection (d)(1)(A), that are available for sale 
        or transfer to a recipient State.
            (3) Bilateral transactions.--An originating State and a 
        recipient State may enter into a bilateral transaction to sell 
        or transfer verified toll credits.
            (4) <<NOTE: Deadline.>>  Notification.--Not later than 30 
        days after the date on which a credit is transferred or sold, 
        the originating State and the recipient State shall jointly 
        submit to the Secretary a written notification of the transfer 
        or sale, including details on--
                    (A) the amount of toll credits that have been sold 
                or transferred;
                    (B) the price paid or other value transferred in 
                exchange for the toll credits;
                    (C) the intended use by the recipient State of the 
                toll credits, if known;
                    (D) the intended use by the originating State of the 
                cash or other value transferred;
                    (E) an update on the toll credit balance of the 
                originating State and the recipient State; and
                    (F) any other information about the transaction that 
                the Secretary may require.
            (5) Use of credits by transferee or purchaser.--A recipient 
        State may use a credit received under paragraph (1) toward the 
        non-Federal share requirement for any funds made available to 
        carry out title 23 or chapter 53 of title 49, United States 
        Code, in accordance with section 120(i) of title 23, United 
        States Code.
            (6) Use of proceeds from sale of credits.--An originating 
        State shall use the proceeds from the sale of a credit under 
        paragraph (1) for the construction costs of any project in the 
        originating State that is eligible under title 23, United States 
        Code.

    (f) Reporting Requirements.--
            (1) Initial report.--Not later than 1 year after the date on 
        which the pilot program is established, the Secretary shall 
        submit to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure of 
        the House of Representatives a report on the progress of the 
        pilot program.
            (2) Final report.--Not later than 3 years after the date on 
        which the pilot program is established, the Secretary shall--
                    (A) submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that--
                          (i) <<NOTE: Determination.>>  determines 
                      whether a toll credit marketplace is viable and 
                      cost-effective;

[[Page 135 STAT. 581]]

                          (ii) describes the buying and selling 
                      activities under the pilot program;
                          (iii) describes the average sale price of toll 
                      credits;
                          (iv) <<NOTE: Determination.>>  determines 
                      whether the pilot program could be expanded to 
                      more States or all States or to non-State 
                      operators of toll facilities;
                          (v) provides updated information on the toll 
                      credit balance accumulated by each State; and
                          (vi) describes the list of projects that were 
                      assisted by the pilot program; and
                    (B) <<NOTE: Public information. Web posting.>>  make 
                the report under subparagraph (A) publicly available on 
                the website of the Department.

    (g) Termination.--
            (1) <<NOTE: Determination.>>  In general.--The Secretary may 
        terminate the pilot program or the participation of any State in 
        the pilot program if the Secretary determines that--
                    (A) the pilot program is not serving a public 
                benefit; or
                    (B) it is not cost effective to carry out the pilot 
                program.
            (2) Procedures.--The termination of the pilot program or the 
        participation of a State in the pilot program shall be carried 
        out consistent with Federal requirements for project closeout, 
        adjustment, and continuing responsibilities.
SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING VEHICLES.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 60 days after 
the date of enactment of this Act, the Secretary shall initiate a study 
on the existing and future impacts of self-driving vehicles to 
transportation infrastructure, mobility, the environment, and safety, 
including impacts on--
            (1) the Interstate System (as defined in section 101(a) of 
        title 23, United States Code);
            (2) urban roads;
            (3) rural roads;
            (4) corridors with heavy traffic congestion;
            (5) transportation systems optimization; and
            (6) any other areas or issues relevant to operations of the 
        Federal Highway Administration that the Secretary determines to 
        be appropriate.

    (b) <<NOTE: Recommenda- tions. Rural and urban areas.>>  Contents of 
Study.--The study under subsection (a) shall include specific 
recommendations for both rural and urban communities regarding the 
impacts of self-driving vehicles on existing transportation system 
capacity.

    (c) Considerations.--In carrying out the study under subsection (a), 
the Secretary shall--
            (1) <<NOTE: Recommenda- tions.>>  consider the need for and 
        recommend any policy changes to be undertaken by the Federal 
        Highway Administration on the impacts of self-driving vehicles 
        as identified under paragraph (2); and
            (2) for both rural and urban communities, include a 
        discussion of--
                    (A) the impacts that self-driving vehicles will have 
                on existing transportation infrastructure, such as 
                signage and markings, traffic lights, and highway 
                capacity and design;
                    (B) the impact on commercial and private traffic 
                flows;

[[Page 135 STAT. 582]]

                    (C) infrastructure improvement needs that may be 
                necessary for transportation infrastructure to 
                accommodate self-driving vehicles;
                    (D) the impact of self-driving vehicles on the 
                environment, congestion, and vehicle miles traveled; and
                    (E) the impact of self-driving vehicles on mobility.

    (d) Coordination.--In carrying out the study under subsection (a), 
the Secretary shall consider and incorporate relevant current and 
ongoing research of the Department.
    (e) Consultation.--In carrying out the study under subsection (a), 
the Secretary shall convene and consult with a panel of national experts 
in both rural and urban transportation, including--
            (1) operators and users of the Interstate System (as defined 
        in section 101(a) of title 23, United States Code), including 
        private sector stakeholders;
            (2) States and State departments of transportation;
            (3) metropolitan planning organizations;
            (4) the motor carrier industry;
            (5) representatives of public transportation agencies or 
        organizations;
            (6) highway safety and academic groups;
            (7) nonprofit entities with experience in transportation 
        policy;
            (8) National Laboratories (as defined in section 2 of the 
        Energy Policy Act of 2005 (42 U.S.C. 15801));
            (9) environmental stakeholders; and
            (10) self-driving vehicle producers, manufacturers, and 
        technology developers.

    (f) Report.--Not later than 1 year after the date on which the study 
under subsection (a) is initiated, the Secretary shall submit a report 
on the results of the study to--
            (1) the Committee on Environment and Public Works of the 
        Senate; and
            (2) the Committee on Transportation and Infrastructure of 
        the House of Representatives.
SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.

    (a) Definition of Local Community.--In this section, the term 
``local community'' means--
            (1) a unit of local government;
            (2) a political subdivision of a State or local government;
            (3) a metropolitan planning organization (as defined in 
        section 134(b) of title 23, United States Code);
            (4) a rural planning organization; or
            (5) a Tribal government.

    (b) Study.--
            (1) <<NOTE: Determination.>>  In general.--The Secretary 
        shall carry out a study to determine the utility of 
        incorporating the use of bicycles into the disaster preparedness 
        and disaster response plans of local communities.
            (2) Requirements.--The study carried out under paragraph (1) 
        shall include--
                    (A) <<NOTE: Assessment.>>  a vulnerability 
                assessment of the infrastructure in local communities as 
                of the date of enactment of this Act that supports 
                active transportation, including bicycling, walking, and 
                personal mobility devices, with a particular focus on 
                areas in local communities that--

[[Page 135 STAT. 583]]

                          (i) have low levels of vehicle ownership; and
                          (ii) lack sufficient active transportation 
                      infrastructure routes to public transportation;
                    (B) <<NOTE: Evaluation.>>  an evaluation of whether 
                disaster preparedness and disaster response plans should 
                include the use of bicycles by first responders, 
                emergency workers, and community organization 
                representatives--
                          (i) during a mandatory or voluntary evacuation 
                      ordered by a Federal, State, Tribal, or local 
                      government entity--
                                    (I) to notify residents of the need 
                                to evacuate;
                                    (II) to evacuate individuals and 
                                goods; and
                                    (III) to reach individuals who are 
                                in need of first aid and medical 
                                assistance; and
                          (ii) after a disaster or emergency declared by 
                      a Federal, State, Tribal, or local government 
                      entity--
                                    (I) to participate in search and 
                                rescue activities;
                                    (II) to carry commodities to be used 
                                for life-saving or life-sustaining 
                                purposes, including--
                                            (aa) water;
                                            (bb) food;
                                            (cc) first aid and other 
                                        medical supplies; and
                                            (dd) power sources and 
                                        electric supplies, such as cell 
                                        phones, radios, lights, and 
                                        batteries;
                                    (III) to reach individuals who are 
                                in need of the commodities described in 
                                subclause (II); and
                                    (IV) to assist with other disaster 
                                relief tasks, as appropriate; and
                    (C) <<NOTE: Review.>>  a review of training programs 
                for first responders, emergency workers, and community 
                organization representatives relating to--
                          (i) competent bicycle skills, including the 
                      use of cargo bicycles and electric bicycles, as 
                      applicable;
                          (ii) basic bicycle maintenance;
                          (iii) compliance with relevant traffic safety 
                      laws;
                          (iv) methods to use bicycles to carry out the 
                      activities described in clauses (i) and (ii) of 
                      subparagraph (2)(B); and
                          (v) exercises conducted for the purpose of--
                                    (I) exercising the skills described 
                                in clause (i); and
                                    (II) maintaining bicycles and 
                                related equipment.

    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that--
            (1) describes the results of the study carried out under 
        subsection (b); and
            (2) <<NOTE: Recommenda- tions.>>  provides recommendations, 
        if any, relating to--
                    (A) the methods by which to incorporate bicycles 
                into disaster preparedness and disaster response plans 
                of local communities; and

[[Page 135 STAT. 584]]

                    (B) improvements to training programs described in 
                subsection (b)(2)(C).
SEC. 11506. APPALACHIAN REGIONAL COMMISSION.

    (a) Definitions.--Section 14102(a)(1) of title 40, United States 
Code, is amended--
            (1) in subparagraph (G)--
                    (A) by inserting ``Catawba,'' after ``Caldwell,''; 
                and
                    (B) by inserting ``Cleveland,'' after ``Clay,'';
            (2) in subparagraph (J), by striking ``and Spartanburg'' and 
        inserting ``Spartanburg, and Union''; and
            (3) in subparagraph (M), by inserting ``, of which the 
        counties of Brooke, Hancock, Marshall, and Ohio shall be 
        considered to be located in the North Central subregion'' after 
        ``West Virginia''.

    (b) Functions.--Section 14303(a) of title 40, United States Code, is 
amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) in paragraph (10), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) support broadband access in the Appalachian 
        region.''.

    (c) Congressional Notification.--
            (1) In general.--Subchapter II of chapter 143 of subtitle IV 
        of title 40, United States Code, is amended by adding at the end 
        the following:
``Sec. 14323. <<NOTE: 40 USC 14323.>>  Congressional notification

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

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

``14323. Congressional notification.''.

    (d) High-speed Broadband Deployment Initiative.--Section 14509 of 
title 40, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) <<NOTE: Grants. Contracts.>>  In General.--The Appalachian 
Regional Commission may provide technical assistance, make grants, enter 
into contracts, or otherwise provide amounts to individuals or entities 
in the Appalachian region for projects and activities to increase 
affordable access to broadband networks throughout the Appalachian 
region.'';
            (2) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively;
            (3) by inserting after subsection (a) the following:

    ``(b) Eligible Projects and Activities.--A project or activity 
eligible to be carried out under this section is a project or activity--

[[Page 135 STAT. 585]]

            ``(1) to conduct research, analysis, and training to 
        increase broadband adoption efforts in the Appalachian region; 
        or
            ``(2) for the construction and deployment of broadband 
        service-related infrastructure in the Appalachian region.'';
            (4) in subsection (d) (as so redesignated), in the matter 
        preceding paragraph (1), by striking ``subsection (b)'' and 
        inserting ``subsection (c)''; and
            (5) by adding at the end the following:

    ``(f) Request for Data.--Before making a grant for a project or 
activity described in subsection (b)(2), the Appalachian Regional 
Commission shall request from the Federal Communications Commission, the 
National Telecommunications and Information Administration, the Economic 
Development Administration, and the Department of Agriculture data on--
            ``(1) the level and extent of broadband service that exists 
        in the area proposed to be served by the broadband service-
        related infrastructure; and
            ``(2) the level and extent of broadband service that will be 
        deployed in the area proposed to be served by the broadband 
        service-related infrastructure pursuant to another Federal 
        program.

    ``(g) Requirement.--For each fiscal year, not less than 65 percent 
of the amounts made available to carry out this section shall be used 
for grants for projects and activities described in subsection 
(b)(2).''.
    (e) Appalachian Regional Energy Hub Initiative.--
            (1) In general.--Subchapter I of chapter 145 of subtitle IV 
        of title 40, United States Code, is amended by adding at the end 
        the following:
``Sec. 14511. <<NOTE: 40 USC 14511.>>  Appalachian regional energy 
                    hub initiative

    ``(a) <<NOTE: Grants. Contracts.>>  In General.--The Appalachian 
Regional Commission may provide technical assistance to, make grants to, 
enter into contracts with, or otherwise provide amounts to individuals 
or entities in the Appalachian region for projects and activities--
            ``(1) to conduct research and analysis regarding the 
        economic impact of an ethane storage hub in the Appalachian 
        region that supports a more-effective energy market performance 
        due to the scale of the project, such as a project with the 
        capacity to store and distribute more than 100,000 barrels per 
        day of hydrocarbon feedstock with a minimum gross heating value 
        of 1,700 Btu per standard cubic foot;
            ``(2) with the potential to significantly contribute to the 
        economic resilience of the area in which the project is located; 
        and
            ``(3) that will help establish a regional energy hub in the 
        Appalachian region for natural gas and natural gas liquids, 
        including hydrogen produced from the steam methane reforming of 
        natural gas feedstocks.

    ``(b) Limitation on Available Amounts.--Of the cost of any project 
or activity eligible for a grant under this section--
            ``(1) except as provided in paragraphs (2) and (3), not more 
        than 50 percent may be provided from amounts made available to 
        carry out this section;
            ``(2) in the case of a project or activity to be carried out 
        in a county for which a distressed county designation is in 
        effect under section 14526, not more than 80 percent may

[[Page 135 STAT. 586]]

        be provided from amounts made available to carry out this 
        section; and
            ``(3) in the case of a project or activity to be carried out 
        in a county for which an at-risk county designation is in effect 
        under section 14526, not more than 70 percent may be provided 
        from amounts made available to carry out this section.

    ``(c) Sources of Assistance.--Subject to subsection (b), a grant 
provided under this section may be provided from amounts made available 
to carry out this section, in combination with amounts made available--
            ``(1) under any other Federal program; or
            ``(2) from any other source.

    ``(d) Federal Share.--Notwithstanding any provision of law limiting 
the Federal share under any other Federal program, amounts made 
available to carry out this section may be used to increase that Federal 
share, as the Appalachian Regional Commission determines to be 
appropriate.''.
            (2) Clerical amendment.--The analysis for subchapter I of 
        chapter 145 of title 40, United States Code, <<NOTE: 40 USC 
        14501 prec.>>  is amended by adding at the end the following:

``14511. Appalachian regional energy hub initiative.''.

    (f) Authorization of Appropriations.--Section 14703 of title 40, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) $200,000,000 for each of fiscal years 2022 through 
        2026.'';
            (2) in subsection (c), by striking ``$10,000,000 may be used 
        to carry out section 14509 for each of fiscal years 2016 through 
        2021'' and inserting ``$20,000,000 may be used to carry out 
        section 14509 for each of fiscal years 2022 through 2026'';
            (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (4) by inserting after subsection (c) the following:

    ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts 
made available under subsection (a), $5,000,000 shall be used to carry 
out section 14511 for each of fiscal years 2022 through 2026.''.
    (g) Termination.--Section 14704 of title 40, United States Code, is 
amended by striking ``2021'' and inserting ``2026''.
SEC. 11507. DENALI COMMISSION.

    (a) Denali Access System Program.--Notwithstanding subsection (j) of 
section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; 
Public Law 105-277), there is authorized to be appropriated $20,000,000 
for each of fiscal years 2022 through 2026 to carry out that section.
    (b) Transfers of Funds.--Section 311(c) of the Denali Commission Act 
of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:

[[Page 135 STAT. 587]]

            ``(3) notwithstanding any other provision of law, shall--
                    ``(A) be treated as if directly appropriated to the 
                Commission and subject to applicable provisions of this 
                Act; and
                    ``(B) not be subject to any requirements that 
                applied to the funds before the transfer, including a 
                requirement in an appropriations Act or a requirement or 
                regulation of the Federal agency from which the funds 
                are transferred.''.
SEC. 11508. <<NOTE: 23 USC 106 note.>>  REQUIREMENTS FOR 
                            TRANSPORTATION PROJECTS CARRIED OUT 
                            THROUGH PUBLIC-PRIVATE PARTNERSHIPS.

    (a) Definitions.--In this section:
            (1) Project.--The term ``project'' means a project (as 
        defined in section 101 of title 23, United States Code) that--
                    (A) is carried out, in whole or in part, using 
                Federal financial assistance; and
                    (B) has an estimated total cost of $100,000,000 or 
                more.
            (2) Public-private partnership.--The term ``public-private 
        partnership'' means an agreement between a public agency and a 
        private entity to finance, build, and maintain or operate a 
        project.

    (b) <<NOTE: Deadline.>>  Requirements for Projects Carried Out 
Through Public-private Partnerships.--With respect to a public-private 
partnership, as a condition of receiving Federal financial assistance 
for a project, the Secretary shall require the public partner, not later 
than 3 years after the date of opening of the project to traffic--
            (1) <<NOTE: Reviews. Compliance.>>  to conduct a review of 
        the project, including a review of the compliance of the private 
        partner with the terms of the public-private partnership 
        agreement;
            (2)(A) <<NOTE: Certification.>>  to certify to the Secretary 
        that the private partner of the public-private partnership is 
        meeting the terms of the public-private partnership agreement 
        for the project; or
            (B) <<NOTE: Notification.>>  to notify the Secretary that 
        the private partner of the public-private partnership has not 
        met 1 or more of the terms of the public-private partnership 
        agreement for the project, including a brief description of each 
        violation of the public-private partnership agreement; and
            (3) <<NOTE: Public information.>>  to make publicly 
        available the certification or notification, as applicable, 
        under paragraph (2) in a form that does not disclose any 
        proprietary or confidential business information.

    (c) <<NOTE: Deadline.>>  Notification.--If the Secretary provides 
Federal financial assistance to a project carried out through a public-
private partnership, not later than 30 days after the date on which the 
Federal financial assistance is first obligated, the Secretary shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a notification of the Federal financial assistance made 
available for the project.

    (d) Value for Money Analysis.--
            (1) Project approval and oversight.--Section 106(h)(3) of 
        title 23, United States Code, is amended--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;

[[Page 135 STAT. 588]]

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

    (e) Applicability.--This section and the amendments made by this 
section shall only apply to a public-private partnership agreement 
entered into on or after the date of enactment of this Act.
SEC. 11509. <<NOTE: 23 USC 101 note.>>  RECONNECTING COMMUNITIES 
                            PILOT PROGRAM.

    (a) Definition of Eligible Facility.--
            (1) In general.--In this section, the term ``eligible 
        facility'' means a highway or other transportation facility that 
        creates a barrier to community connectivity, including barriers 
        to mobility, access, or economic development, due to high 
        speeds, grade separations, or other design factors.
            (2) Inclusions.--In this section, the term ``eligible 
        facility'' may include--
                    (A) a limited access highway;
                    (B) a viaduct; and
                    (C) any other principal arterial facility.

    (b) Establishment.--The Secretary shall establish a pilot program 
through which an eligible entity may apply for funding, in order to 
restore community connectivity--
            (1) <<NOTE: Study.>>  to study the feasibility and impacts 
        of removing, retrofitting, or mitigating an existing eligible 
        facility;
            (2) to conduct planning activities necessary to design a 
        project to remove, retrofit, or mitigate an existing eligible 
        facility; and
            (3) to conduct construction activities necessary to carry 
        out a project to remove, retrofit, or mitigate an existing 
        eligible facility.

    (c) Planning Grants.--
            (1) Eligible entities.--The Secretary may award a grant 
        (referred to in this section as a ``planning grant'') to carry 
        out planning activities described in paragraph (2) to--
                    (A) a State;
                    (B) a unit of local government;
                    (C) a Tribal government;

[[Page 135 STAT. 589]]

                    (D) a metropolitan planning organization; and
                    (E) a nonprofit organization.
            (2) Eligible activities described.--The planning activities 
        referred to in paragraph (1) are--
                    (A) planning studies to evaluate the feasibility of 
                removing, retrofitting, or mitigating an existing 
                eligible facility to restore community connectivity, 
                including evaluations of--
                          (i) current traffic patterns on the eligible 
                      facility proposed for removal, retrofit, or 
                      mitigation and the surrounding street network;
                          (ii) the capacity of existing transportation 
                      networks to maintain mobility needs;
                          (iii) an analysis of alternative roadway 
                      designs or other uses for the right-of-way of the 
                      eligible facility, including an analysis of 
                      whether the available right-of-way would suffice 
                      to create an alternative roadway design;
                          (iv) the effect of the removal, retrofit, or 
                      mitigation of the eligible facility on the 
                      mobility of freight and people;
                          (v) the effect of the removal, retrofit, or 
                      mitigation of the eligible facility on the safety 
                      of the traveling public;
                          (vi) the cost to remove, retrofit, or mitigate 
                      the eligible facility--
                                    (I) to restore community 
                                connectivity; and
                                    (II) to convert the eligible 
                                facility to a different roadway design 
                                or use, compared to any expected costs 
                                for necessary maintenance or 
                                reconstruction of the eligible facility;
                          (vii) the anticipated economic impact of 
                      removing, retrofitting, or mitigating and 
                      converting the eligible facility and any economic 
                      development opportunities that would be created by 
                      removing, retrofitting, or mitigating and 
                      converting the eligible facility; and
                          (viii) the environmental impacts of retaining 
                      or reconstructing the eligible facility and the 
                      anticipated effect of the proposed alternative use 
                      or roadway design;
                    (B) public engagement activities to provide 
                opportunities for public input into a plan to remove and 
                convert an eligible facility; and
                    (C) <<NOTE: Determination.>>  other transportation 
                planning activities required in advance of a project to 
                remove, retrofit, or mitigate an existing eligible 
                facility to restore community connectivity, as 
                determined by the Secretary.
            (3) Technical assistance program.--
                    (A) In general.--The Secretary may provide technical 
                assistance described in subparagraph (B) to an eligible 
                entity.
                    (B) Technical assistance described.--The technical 
                assistance referred to in subparagraph (A) is technical 
                assistance in building organizational or community 
                capacity--
                          (i) to engage in transportation planning; and

[[Page 135 STAT. 590]]

                          (ii) to identify innovative solutions to 
                      infrastructure challenges, including reconnecting 
                      communities that--
                                    (I) are bifurcated by eligible 
                                facilities; or
                                    (II) lack safe, reliable, and 
                                affordable transportation choices.
                    (C) Priorities.--In selecting recipients of 
                technical assistance under subparagraph (A), the 
                Secretary shall give priority to an application from a 
                community that is economically disadvantaged.
            (4) Selection.--The Secretary shall--
                    (A) solicit applications for--
                          (i) planning grants; and
                          (ii) technical assistance under paragraph (3); 
                      and
                    (B) <<NOTE: Evaluation.>>  evaluate applications for 
                a planning grant on the basis of the demonstration by 
                the applicant that--
                          (i) <<NOTE: Time period.>>  the eligible 
                      facility is aged and is likely to need replacement 
                      or significant reconstruction within the 20-year 
                      period beginning on the date of the submission of 
                      the application;
                          (ii) the eligible facility--
                                    (I) creates barriers to mobility, 
                                access, or economic development; or
                                    (II) is not justified by current and 
                                forecast future travel demand; and
                          (iii) on the basis of preliminary 
                      investigations into the feasibility of removing, 
                      retrofitting, or mitigating the eligible facility 
                      to restore community connectivity, further 
                      investigation is necessary and likely to be 
                      productive.
            (5) Award amounts.--A planning grant may not exceed 
        $2,000,000 per recipient.
            (6) Federal share.--The total Federal share of the cost of a 
        planning activity for which a planning grant is used shall not 
        exceed 80 percent.

    (d) Capital Construction Grants.--
            (1) Eligible entities.--The Secretary may award a grant 
        (referred to in this section as a ``capital construction 
        grant'') to the owner of an eligible facility to carry out an 
        eligible project described in paragraph (3) for which all 
        necessary feasibility studies and other planning activities have 
        been completed.
            (2) Partnerships.--An owner of an eligible facility may, for 
        the purposes of submitting an application for a capital 
        construction grant, if applicable, partner with--
                    (A) a State;
                    (B) a unit of local government;
                    (C) a Tribal government;
                    (D) a metropolitan planning organization; or
                    (E) a nonprofit organization.
            (3) Eligible projects.--A project eligible to be carried out 
        with a capital construction grant includes--
                    (A) the removal, retrofit, or mitigation of an 
                eligible facility; and
                    (B) the replacement of an eligible facility with a 
                new facility that--
                          (i) restores community connectivity; and
                          (ii) is--

[[Page 135 STAT. 591]]

                                    (I) sensitive to the context of the 
                                surrounding community; and
                                    (II) otherwise eligible for funding 
                                under title 23, United States Code.
            (4) Selection.--The Secretary shall--
                    (A) solicit applications for capital construction 
                grants; and
                    (B) <<NOTE: Evaluation.>>  evaluate applications on 
                the basis of--
                          (i) the degree to which the project will 
                      improve mobility and access through the removal of 
                      barriers;
                          (ii) the appropriateness of removing, 
                      retrofitting, or mitigating the eligible facility, 
                      based on current traffic patterns and the ability 
                      of the replacement facility and the regional 
                      transportation network to absorb transportation 
                      demand and provide safe mobility and access;
                          (iii) the impact of the project on freight 
                      movement;
                          (iv) the results of a cost-benefit analysis of 
                      the project;
                          (v) the opportunities for inclusive economic 
                      development;
                          (vi) the degree to which the eligible facility 
                      is out of context with the current or planned land 
                      use;
                          (vii) the results of any feasibility study 
                      completed for the project; and
                          (viii) the plan of the applicant for--
                                    (I) employing residents in the area 
                                impacted by the project through targeted 
                                hiring programs, in partnership with 
                                registered apprenticeship programs, if 
                                applicable; and
                                    (II) contracting and subcontracting 
                                with disadvantaged business enterprises.
            (5) Minimum award amounts.--A capital construction grant 
        shall be in an amount not less than $5,000,000 per recipient.
            (6) Federal share.--
                    (A) In general.--Subject to subparagraph (B), a 
                capital construction grant may not exceed 50 percent of 
                the total cost of the project for which the grant is 
                awarded.
                    (B) Maximum federal involvement.--Federal assistance 
                other than a capital construction grant may be used to 
                satisfy the non-Federal share of the cost of a project 
                for which the grant is awarded, except that the total 
                Federal assistance provided for a project for which the 
                grant is awarded may not exceed 80 percent of the total 
                cost of the project.
            (7) Community advisory board.--
                    (A) In general.--To help achieve inclusive economic 
                development benefits with respect to the project for 
                which a grant is awarded, a grant recipient may form a 
                community advisory board, which shall--
                          (i) facilitate community engagement with 
                      respect to the project; and
                          (ii) track progress with respect to 
                      commitments of the grant recipient to inclusive 
                      employment, contracting, and economic development 
                      under the project.

[[Page 135 STAT. 592]]

                    (B) Membership.--If a grant recipient forms a 
                community advisory board under subparagraph (A), the 
                community advisory board shall be composed of 
                representatives of--
                          (i) the community;
                          (ii) owners of businesses that serve the 
                      community;
                          (iii) labor organizations that represent 
                      workers that serve the community; and
                          (iv) State and local government.

    (e) Reports.--
            (1) <<NOTE: Evaluation.>>  USDOT report on program.--Not 
        later than January 1, 2026, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report that evaluates the program under this 
        section, including--
                    (A) information about the level of applicant 
                interest in planning grants, technical assistance under 
                subsection (c)(3), and capital construction grants, 
                including the extent to which overall demand exceeded 
                available funds; and
                    (B) for recipients of capital construction grants, 
                the outcomes and impacts of the highway removal project, 
                including--
                          (i) any changes in the overall level of 
                      mobility, congestion, access, and safety in the 
                      project area; and
                          (ii) environmental impacts and economic 
                      development opportunities in the project area.
            (2) GAO report on highway removals.--Not later than 2 years 
        after the date of enactment of this Act, the Comptroller General 
        of the United States shall issue a report that--
                    (A) identifies examples of projects to remove 
                highways using Federal highway funds;
                    (B) <<NOTE: Evaluation.>>  evaluates the effect of 
                highway removal projects on the surrounding area, 
                including impacts to the local economy, congestion 
                effects, safety outcomes, and impacts on the movement of 
                freight and people;
                    (C) <<NOTE: Evaluation.>>  evaluates the existing 
                Federal-aid program eligibility under title 23, United 
                States Code, for highway removal projects;
                    (D) <<NOTE: Analysis.>> analyzes the costs and 
                benefits of and barriers to removing underutilized 
                highways that are nearing the end of their useful life 
                compared to replacing or reconstructing the highway; and
                    (E) <<NOTE: Recommenda- tions.>>  provides 
                recommendations for integrating those assessments into 
                transportation planning and decision-making processes.

    (f) <<NOTE: Time period.>>  Technical Assistance.--Of the funds made 
available to carry out this section for planning grants, the Secretary 
may use not more than $15,000,000 during the period of fiscal years 2022 
through 2026 to provide technical assistance under subsection (c)(3).

    (g) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under chapter 1 of title 23, United States 
Code.
SEC. 11510. <<NOTE: 23 USC 101 note.>>  CYBERSECURITY TOOL; CYBER 
                            COORDINATOR.

    (a) Definitions.--In this section:

[[Page 135 STAT. 593]]

            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Highway Administration.
            (2) Cyber incident.--The term ``cyber incident'' has the 
        meaning given the term ``incident'' in section 3552 of title 44, 
        United States Code.
            (3) Transportation authority.--The term ``transportation 
        authority'' means--
                    (A) a public authority (as defined in section 101(a) 
                of title 23, United States Code);
                    (B) an owner or operator of a highway (as defined in 
                section 101(a) of title 23, United States Code);
                    (C) a manufacturer that manufactures a product 
                related to transportation; and
                    (D) a division office of the Federal Highway 
                Administration.

    (b) Cybersecurity Tool.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years 
        after the date of enactment of this Act, the Administrator shall 
        develop a tool to assist transportation authorities in 
        identifying, detecting, protecting against, responding to, and 
        recovering from cyber incidents.
            (2) Requirements.--In developing the tool under paragraph 
        (1), the Administrator shall--
                    (A) use the cybersecurity framework established by 
                the National Institute of Standards and Technology and 
                required by Executive Order 13636 of February 12, 2013 
                (78 Fed. Reg. 11739; relating to improving critical 
                infrastructure cybersecurity);
                    (B) establish a structured cybersecurity assessment 
                and development program;
                    (C) coordinate with the Transportation Security 
                Administration and the Cybersecurity and Infrastructure 
                Security Agency;
                    (D) <<NOTE: Consultation.>>  consult with 
                appropriate transportation authorities, operating 
                agencies, industry stakeholders, and cybersecurity 
                experts; and
                    (E) <<NOTE: Public comment. Review.>>  provide for a 
                period of public comment and review on the tool.

    (c) Designation of Cyber Coordinator.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years 
        after the date of enactment of this Act, the Administrator shall 
        designate an office as a ``cyber coordinator'', which shall be 
        responsible for monitoring, alerting, and advising 
        transportation authorities of cyber incidents.
            (2) Requirements.--The office designated under paragraph (1) 
        shall, in coordination with the Transportation Security 
        Administration and the Cybersecurity and Infrastructure Security 
        Agency--
                    (A) provide to transportation authorities a secure 
                method of notifying the Federal Highway Administration 
                of cyber incidents;
                    (B) share the information collected under 
                subparagraph (A) with the Transportation Security 
                Administration and the Cybersecurity and Infrastructure 
                Security Agency;
                    (C) monitor cyber incidents that affect 
                transportation authorities;

[[Page 135 STAT. 594]]

                    (D) alert transportation authorities to cyber 
                incidents that affect those transportation authorities;
                    (E) <<NOTE: Investigation.>>  investigate 
                unaddressed cyber incidents that affect transportation 
                authorities; and
                    (F) provide to transportation authorities 
                educational resources, outreach, and awareness on 
                fundamental principles and best practices in 
                cybersecurity for transportation systems.
SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND 
                            INFRASTRUCTURE.

    (a) Definitions.--In this section:
            (1) Emerging alternative fuel vehicle.--The term ``emerging 
        alternative fuel vehicle'' means a vehicle fueled by hydrogen, 
        natural gas, or propane.
            (2) Emerging alternative fueling infrastructure.--The term 
        ``emerging alternative fueling infrastructure'' means 
        infrastructure for fueling an emerging alternative fuel vehicle.

    (b) <<NOTE: Public information.>>  Report.--Not later than 1 year 
after the date of enactment of this Act, to help guide future 
investments for emerging alternative fueling infrastructure, the 
Secretary shall submit to Congress and make publicly available a report 
that--
            (1) <<NOTE: Evaluation. Time period. Effective date.>>  
        includes an evaluation of emerging alternative fuel vehicles and 
        projections for potential locations of emerging alternative fuel 
        vehicle owners during the 5-year period beginning on the date of 
        submission of the report;
            (2) <<NOTE: Time period. Effective date.>>  identifies areas 
        where emerging alternative fueling infrastructure will be needed 
        to meet the current and future needs of drivers during the 5-
        year period beginning on the date of submission of the report;
            (3) identifies specific areas, such as a lack of pipeline 
        infrastructure, that may impede deployment and adoption of 
        emerging alternative fuel vehicles;
            (4) includes a map that identifies concentrations of 
        emerging alternative fuel vehicles to meet the needs of current 
        and future emerging alternative fueling infrastructure;
            (5) <<NOTE: Estimates.>>  estimates the future need for 
        emerging alternative fueling infrastructure to support the 
        adoption and use of emerging alternative fuel vehicles; and
            (6) <<NOTE: Evaluation.>>  includes a tool to allow States 
        to compare and evaluate different adoption and use scenarios for 
        emerging alternative fuel vehicles, with the ability to adjust 
        factors to account for regionally specific characteristics.
SEC. 11512. <<NOTE: Determinations. 23 USC 206 note.>>  NONHIGHWAY 
                            RECREATIONAL FUEL STUDY.

    (a) Definitions.--In this section:
            (1) Highway trust fund.--The term ``Highway Trust Fund'' 
        means the Highway Trust Fund established by section 9503(a) of 
        the Internal Revenue Code of 1986.
            (2) Nonhighway recreational fuel taxes.--The term 
        ``nonhighway recreational fuel taxes'' means taxes under section 
        4041 and 4081 of the Internal Revenue Code of 1986 with respect 
        to fuel used in vehicles on recreational trails or back country 
        terrain (including vehicles registered for highway use when used 
        on recreational trails, trail access roads not eligible for 
        funding under title 23, United States Code, or back country 
        terrain).

[[Page 135 STAT. 595]]

            (3) Recreational trails program.--The term ``recreational 
        trails program'' means the recreational trails program under 
        section 206 of title 23, United States Code.

    (b) Assessment; Report.--
            (1) <<NOTE: Deadline. Time period.>>  Assessment.--Not later 
        than 1 year after the date of enactment of this Act and not less 
        frequently than once every 5 years thereafter, as determined by 
        the Secretary, the Secretary shall carry out an assessment of 
        the best available estimate of the total amount of nonhighway 
        recreational fuel taxes received by the Secretary of the 
        Treasury and transferred to the Highway Trust Fund for the 
        period covered by the assessment.
            (2) Report.--After carrying out each assessment under 
        paragraph (1), the Secretary shall submit to the Committees on 
        Finance and Environment and Public Works of the Senate and the 
        Committees on Ways and Means and Transportation and 
        Infrastructure of the House of Representatives a report that 
        includes--
                    (A) to assist Congress in determining an appropriate 
                funding level for the recreational trails program--
                          (i) a description of the results of the 
                      assessment; and
                          (ii) <<NOTE: Evaluation.>>  an evaluation of 
                      whether the current recreational trails program 
                      funding level reflects the amount of nonhighway 
                      recreational fuel taxes collected and transferred 
                      to the Highway Trust Fund; and
                    (B) <<NOTE: Estimate. Time period.>> in the case of 
                the first report submitted under this paragraph, an 
                estimate of the frequency with which the Secretary 
                anticipates carrying out the assessment under paragraph 
                (1), subject to the condition that such an assessment 
                shall be carried out not less frequently than once every 
                5 years.

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

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

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

[[Page 135 STAT. 596]]

                    ``(A) <<NOTE: Notice.>>  notice of the proposed 
                waiver;
                    ``(B) <<NOTE: Public comment.>>  an opportunity for 
                comment on the proposed waiver; and
                    ``(C) the reasons for the proposed waiver.
            ``(2) Report.--Not less frequently than annually, the 
        Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report on 
        the waivers provided under this section.''.
SEC. 11514. <<NOTE: State listing.>>  HIGH PRIORITY CORRIDORS ON 
                            THE NATIONAL HIGHWAY SYSTEM.

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

[[Page 135 STAT. 597]]

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

[[Page 135 STAT. 598]]

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

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

[[Page 135 STAT. 599]]

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

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

    (d) GAO Report on Designation of Segments as Part of Interstate 
System.--
            (1) Definition of applicable segment.--In this subsection, 
        the term ``applicable segment'' means the route described in 
        paragraph (92) of section 1105(c) of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240; 105 
        Stat. 2032).
            (2) Report.--
                    (A) <<NOTE: Time period.>>  In general.--Not later 
                than 2 years after the date on which the applicable 
                segment is open for operations as part of the Interstate 
                System, the Comptroller General of the United States 
                shall submit to Congress a report on the impact, if any, 
                during that 2-year period of allowing the continuation 
                of weight limits that applied before the designation of 
                the applicable segment as a route on the Interstate 
                System.
                    (B) Requirements.--The report under subparagraph (A) 
                shall--
                          (i) be informed by the views and documentation 
                      provided by the State highway agency (or 
                      equivalent agency) in the State in which the 
                      applicable segment is located;
                          (ii) describe any impacts on safety and 
                      infrastructure on the applicable segment;
                          (iii) describe any view of the State highway 
                      agency (or equivalent agency) in the State in 
                      which the applicable segment is located on the 
                      impact of the applicable segment; and
                          (iv) focus only on the applicable segment.
SEC. 11515. INTERSTATE WEIGHT LIMITS.

    Section 127 of title 23, United States Code, is amended--
            (1) in subsection (l)(3)(A)--
                    (A) in the matter preceding clause (i), in the first 
                sentence, by striking ``clauses (i) through (iv) of this 
                subparagraph'' and inserting ``clauses (i) through 
                (v)''; and
                    (B) by adding at the end the following:

[[Page 135 STAT. 600]]

                          ``(v) <<NOTE: Kentucky.>>  The Louie B. Nunn 
                      Cumberland Expressway (to be designated as a spur 
                      of Interstate Route 65) from the interchange with 
                      Interstate Route 65 in Barren County, Kentucky, 
                      east to the interchange with United States Highway 
                      27 in Somerset, Kentucky.''; and
            (2) by adding at the end the following:

    ``(v) Operation of Vehicles on Certain North Carolina Highways.--If 
any segment in the State of North Carolina of United States Route 17, 
United States Route 29, United States Route 52, United States Route 64, 
United States Route 70, United States Route 74, United States Route 117, 
United States Route 220, United States Route 264, or United States Route 
421 is designated as a route on the Interstate System, a vehicle that 
could operate legally on that segment before the date of such 
designation may continue to operate on that segment, without regard to 
any requirement under subsection (a).
    ``(w) Operation of Vehicles on Certain Oklahoma Highways.--If any 
segment of the highway referred to in paragraph (96) of section 1105(c) 
of the Intermodal Surface Transportation Efficiency Act of 1991 (Public 
Law 102-240; 105 Stat. 2032) is designated as a route on the Interstate 
System, a vehicle that could operate legally on that segment before the 
date of such designation may continue to operate on that segment, 
without any regard to any requirement under this section.''.
SEC. 11516. <<NOTE: Evaluations.>>  REPORT ON AIR QUALITY 
                            IMPROVEMENTS.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit a 
report that evaluates the congestion mitigation and air quality 
improvement program under section 149 of title 23, United States Code 
(referred to in this section as the ``program''), to--
            (1) the Committee on Environment and Public Works of the 
        Senate; and
            (2) the Committee on Transportation and Infrastructure of 
        the House of Representatives.

    (b) Contents.--The evaluation under subsection (a) shall include an 
evaluation of--
            (1) the reductions of ozone, carbon monoxide, and 
        particulate matter that result from projects under the program;
            (2) the cost-effectiveness of the reductions described in 
        paragraph (1);
            (3) the result of investments of funding under the program 
        in minority and low-income communities that are 
        disproportionately affected by ozone, carbon monoxide, and 
        particulate matter;
            (4) the effectiveness, with respect to the attainment or 
        maintenance of national ambient air quality standards under 
        section 109 of the Clean Air Act (42 U.S.C. 7409) for ozone, 
        carbon monoxide, and particulate matter, of performance measures 
        established under section 150(c)(5) of title 23, United States 
        Code, and performance targets established under subsection (d) 
        of that section for traffic congestion and on-road mobile source 
        emissions;
            (5) the extent to which there are any types of projects that 
        are not eligible funding under the program that would

[[Page 135 STAT. 601]]

        be likely to contribute to the attainment or maintenance of the 
        national ambient air quality standards described in paragraph 
        (4); and
            (6) the extent to which projects under the program reduce 
        sulfur dioxide, nitrogen dioxide, and lead.
SEC. 11517. <<NOTE: 23 USC 109 note.>>  ROADSIDE HIGHWAY SAFETY 
                            HARDWARE.

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

    (b) Continued Issuance of Eligibility Letters.--Until the 
implementation of the process described in subsection (a) is complete, 
the Secretary may, and is encouraged to, ensure that the Administrator 
of the Federal Highway Administration continues to issue Federal-aid 
reimbursement eligibility letters for roadside safety hardware as a 
service to States.
    (c) Report to Congress.--
            (1) <<NOTE: Time period.>>  In general.--If the Secretary 
        seeks to discontinue issuing the letters described in subsection 
        (b), the Secretary shall submit to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report at least 1 year before discontinuing 
        the letters.
            (2) <<NOTE: Summary.>>  Inclusions.--The report described in 
        paragraph (1) shall include a summary of the third-party 
        verification process described in subsection (a) that will 
        replace the Federal Highway Administration issuance of 
        eligibility letters and any other relevant information that the 
        Secretary deems necessary.
SEC. 11518. PERMEABLE PAVEMENTS STUDY.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall carry out a 
study--
            (1) to gather existing information on the effects of 
        permeable pavements on flood control in different contexts, 
        including in urban areas, and over the lifetime of the permeable 
        pavement;
            (2) to perform research to fill gaps in the existing 
        information gathered under paragraph (1); and
            (3) to develop--
                    (A) models for the performance of permeable 
                pavements in flood control; and
                    (B) best practices for designing permeable pavement 
                to meet flood control requirements.

    (b) Data Survey.--In carrying out the study under subsection (a), 
the Secretary shall develop--
            (1) <<NOTE: Summary.>>  a summary, based on available 
        literature and models, of localized flood control capabilities 
        of permeable pavement that considers long-term performance and 
        cost information; and

[[Page 135 STAT. 602]]

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

    (c) <<NOTE: Public information.>>  Publication.--The Secretary shall 
make a report describing the results of the study under subsection (a) 
publicly available.
SEC. 11519. <<NOTE: 23 USC 125 note.>>  EMERGENCY RELIEF PROJECTS.

    (a) Definition of Emergency Relief Project.--In this section, the 
term ``emergency relief project'' means a project carried out under the 
emergency relief program under section 125 of title 23, United States 
Code.
    (b) <<NOTE: Deadline.>>  Improving the Emergency Relief Program.--
Not later than 90 days after the date of enactment of this Act, the 
Secretary shall--
            (1) <<NOTE: Revision.>>  revise the emergency relief manual 
        of the Federal Highway Administration--
                    (A) to include and reflect the definition of the 
                term ``resilience'' (as defined in section 101(a) of 
                title 23, United States Code);
                    (B) <<NOTE: Procedures.>>  to identify procedures 
                that States may use to incorporate resilience into 
                emergency relief projects; and
                    (C) to encourage the use of Complete Streets design 
                principles and consideration of access for moderate- and 
                low-income families impacted by a declared disaster;
            (2) develop best practices for improving the use of 
        resilience in--
                    (A) the emergency relief program under section 125 
                of title 23, United States Code; and
                    (B) emergency relief efforts;
            (3) provide to division offices of the Federal Highway 
        Administration and State departments of transportation 
        information on the best practices developed under paragraph (2); 
        and
            (4) develop and implement a process to track--
                    (A) the consideration of resilience as part of the 
                emergency relief program under section 125 of title 23, 
                United States Code; and
                    (B) the costs of emergency relief projects.
SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES.

    (a) <<NOTE: Deadline. Contracts.>>  Study.--Not later than 180 days 
after the date of enactment of this Act, the Secretary and the 
Administrator of the Environment Protection Agency shall offer to enter 
into an agreement with the Transportation Research Board of the National 
Academy of Sciences to conduct a study--
            (1) <<NOTE: Estimate.>>  to estimate pollutant loads from 
        stormwater runoff from highways and pedestrian facilities 
        eligible for assistance under title 23, United States Code, to 
        inform the development of appropriate total maximum daily load 
        (as defined in section 130.2 of title 40, Code of Federal 
        Regulations (or successor regulations)) requirements;
            (2) <<NOTE: Recommenda- 
        tions. Regulations. Determination.>>  to provide recommendations 
        regarding the evaluation and selection by State departments of 
        transportation of potential stormwater management and total 
        maximum daily load compliance strategies within a watershed, 
        including environmental restoration and pollution abatement 
        carried out under

[[Page 135 STAT. 603]]

        section 328 of title 23, United States Code (including any 
        revisions to law (including regulations) that the Transportation 
        Research Board determines to be appropriate); and
            (3) <<NOTE: Examination.>>  to examine the potential for the 
        Secretary to assist State departments of transportation in 
        carrying out and communicating stormwater management practices 
        for highways and pedestrian facilities that are eligible for 
        assistance under title 23, United States Code, through 
        information-sharing agreements, database assistance, or an 
        administrative platform to provide the information described in 
        paragraphs (1) and (2) to entities issued permits under the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

    (b) Requirements.--If the Transportation Research Board enters into 
an agreement under subsection (a), in conducting the study under that 
subsection, the Transportation Research Board shall--
            (1) <<NOTE: Review.>>  review and supplement, as 
        appropriate, the methodologies examined and recommended in the 
        report of the National Academies of Sciences, Engineering, and 
        Medicine entitled ``Approaches for Determining and Complying 
        with TMDL Requirements Related to Roadway Stormwater Runoff'' 
        and dated 2019;
            (2) <<NOTE: Consultation.>>  consult with--
                    (A) the Secretary;
                    (B) the Administrator of the Environmental 
                Protection Agency;
                    (C) the Secretary of the Army, acting through the 
                Chief of Engineers; and
                    (D) State departments of transportation; and
            (3) solicit input from--
                    (A) stakeholders with experience in implementing 
                stormwater management practices for projects; and
                    (B) educational and technical stormwater management 
                groups.

    (c) Report.--If the Transportation Research Board enters into an 
agreement under subsection (a), not later than 18 months after the date 
of enactment of this Act, the Transportation Research Board shall submit 
to the Secretary, the Committee on Environment and Public Works of the 
Senate, and the Committee on Transportation and Infrastructure of the 
House of Representatives a report describing the results of the study.
SEC. 11521. <<NOTE: 23 USC 109 note.>>  STORMWATER BEST MANAGEMENT 
                            PRACTICES REPORTS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Highway Administration.
            (2) Best management practices report.--The term ``best 
        management practices report'' means--
                    (A) the 2014 report sponsored by the Administrator 
                entitled ``Determining the State of the Practice in Data 
                Collection and Performance Measurement of Stormwater 
                Best Management Practices''; and
                    (B) the 1997 report sponsored by the Administrator 
                entitled ``Stormwater Best Management Practices in an 
                Ultra-Urban Setting: Selection and Monitoring''.

    (b) <<NOTE: Update.>>  Reissuance.--Not later than 1 year after the 
date of enactment of this Act, the Administrator shall update and 
reissue each

[[Page 135 STAT. 604]]

best management practices report to reflect new information and 
advancements in stormwater management.

    (c) Updates.--Not less frequently than once every 5 years after the 
date on which the Administrator reissues a best management practices 
report described in subsection (b), the Administrator shall update and 
reissue the best management practices report until the earlier of the 
date on which--
            (1) the best management practices report is withdrawn; or
            (2) the contents of the best management practices report are 
        incorporated (including by reference) into applicable 
        regulations of the Administrator.
SEC. 11522. <<NOTE: 23 USC 329 note.>>  INVASIVE PLANT ELIMINATION 
                            PROGRAM.

    (a) Definitions.--In this section:
            (1) Invasive plant.--The term ``invasive plant'' means a 
        nonnative plant, tree, grass, or weed species, including, at a 
        minimum, cheatgrass, Ventenata dubia, medusahead, bulbous 
        bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle, 
        phragmites, autumn olive, Bradford pear, wild parsnip, sericea 
        lespedeza, spotted knapweed, garlic mustard, and palmer 
        amaranth.
            (2) Program.--The term ``program'' means the grant program 
        established under subsection (b).
            (3) Transportation corridor.--The term ``transportation 
        corridor'' means a road, highway, railroad, or other surface 
        transportation route.

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

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

[[Page 135 STAT. 605]]

            (4) Limitation.--Not more than 10 percent of the amounts 
        provided to a State under the program may be used for the 
        purchase of equipment.
            (5) Administrative and indirect costs.--Not more than 5 
        percent of the amounts provided to a State under the program may 
        be used for the administrative and other indirect costs (such as 
        full time employee salaries, rent, insurance, subscriptions, 
        utilities, and office supplies) of carrying out eligible 
        activities.

    (e) Requirements.--
            (1) Coordination.--In carrying out eligible activities with 
        a grant under the program, a State shall coordinate with--
                    (A) units of local government, political 
                subdivisions of the State, and Tribal authorities that 
                are carrying out eligible activities in the areas to be 
                treated;
                    (B) local regulatory authorities, in the case of a 
                treatment along or adjacent to a railroad right-of-way; 
                and
                    (C) with respect to the most effective roadside 
                control methods, State and Federal land management 
                agencies and any relevant Tribal authorities.
            (2) Annual report.--Not later than 1 year after the date on 
        which a State receives a grant under the program, and annually 
        thereafter, that State shall provide to the Secretary an annual 
        report on the treatments carried out using funds from the grant.

    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of an 
        eligible activity carried out using funds from a grant under the 
        program shall be--
                    (A) in the case of a project that utilizes 
                revegetation with native plants and wildflowers, 
                including those that are pollinator-friendly, 75 
                percent; and
                    (B) in the case of any other project not described 
                in subparagraph (A), 50 percent.
            (2) Certain funds counted toward non-federal share.--A State 
        may include amounts expended by the State or a unit of local 
        government in the State to address current invasive plant 
        populations and prevent future infestation along or in areas 
        adjacent to transportation corridor rights-of-way in calculating 
        the non-Federal share required under the program.

    (g) Funding.--There is authorized to be appropriated to carry out 
the program $50,000,000 for each of fiscal years 2022 through 2026.
SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY.

    Section 129(a) of title 23, United States Code, is amended--
            (1) in paragraph (3)(B)(i), by inserting ``, together with 
        the results of the audit under paragraph (9)(C),'' after ``the 
        audits''; and
            (2) in paragraph (9)--
                    (A) by striking ``An over-the-road'' and inserting 
                the following:
                    ``(A) In general.--An over-the-road'';
                    (B) in subparagraph (A) (as so designated), by 
                striking ``public transportation buses'' and inserting 
                ``public transportation vehicles''; and

[[Page 135 STAT. 606]]

                    (C) by adding at the end the following:
                    ``(B) Reports.--
                          ``(i) In general.--Not later than 90 days 
                      after the date of enactment of this subparagraph, 
                      a public authority that operates a toll facility 
                      shall report to the Secretary any rates, terms, or 
                      conditions for access to the toll facility by 
                      public transportation vehicles that differ from 
                      the rates, terms, or conditions applicable to 
                      over-the-road buses.
                          ``(ii) Updates.--A public authority that 
                      operates a toll facility shall report to the 
                      Secretary any change to the rates, terms, or 
                      conditions for access to the toll facility by 
                      public transportation vehicles that differ from 
                      the rates, terms, or conditions applicable to 
                      over-the-road buses by not later than 30 days 
                      after the date on which the change takes effect.
                          ``(iii) <<NOTE: Public information. Web 
                      posting.>>  Publication.--The Secretary shall 
                      publish information reported to the Secretary 
                      under clauses (i) and (ii) on a publicly 
                      accessible internet website.
                    ``(C) Annual audit.--
                          ``(i) In general.--A public authority (as 
                      defined in section 101(a)) with jurisdiction over 
                      a toll facility shall--
                                    ``(I) conduct or have an independent 
                                auditor conduct an annual audit of toll 
                                facility records to verify compliance 
                                with this paragraph; and
                                    ``(II) <<NOTE: Reports.>>  report 
                                the results of the audit, together with 
                                the results of the audit under paragraph 
                                (3)(B), to the Secretary.
                          ``(ii) <<NOTE: Notice.>>  Records.--After 
                      providing reasonable notice, a public authority 
                      described in clause (i) shall make all records of 
                      the public authority pertaining to the toll 
                      facility available for audit by the Secretary.
                          ``(iii) <<NOTE: Determination.>>  
                      Noncompliance.--If the Secretary determines that a 
                      public authority described in clause (i) has not 
                      complied with this paragraph, the Secretary may 
                      require the public authority to discontinue 
                      collecting tolls until an agreement with the 
                      Secretary is reached to achieve compliance.''.
SEC. 11524. BRIDGE TERMINOLOGY.

    (a) Condition of NHS Bridges.--Section 119(f)(2) of title 23, United 
States Code, is amended by striking ``structurally deficient'' each 
place it appears and inserting ``in poor condition''.
    (b) National Bridge and Tunnel Inventories.--Section 144(b)(5) of 
title 23, United States Code, is amended by striking ``structurally 
deficient bridge'' and inserting ``bridge classified as in poor 
condition''.
    (c) Tribal Transportation Facility Bridges.--Section 202(d) of title 
23, United States Code, is amended--
            (1) in paragraph (1), by striking ``deficient bridges 
        eligible for the tribal transportation program'' and inserting 
        ``bridges eligible for the tribal transportation program 
        classified as in poor condition, having low load capacity, or 
        needing geometric improvements''; and
            (2) in paragraph (3)(C), by striking ``structurally 
        deficient or functionally obsolete'' and inserting ``classified 
        as in poor

[[Page 135 STAT. 607]]

        condition, having a low load capacity, or needing geometric 
        improvements''.
SEC. 11525. TECHNICAL CORRECTIONS.

    (a) Section 101(b)(1) of title 23, United States Code, is amended by 
inserting ``Highways'' after ``and Defense''.
    (b) Section 104(f)(3) of title 23, United States Code, is amended--
            (1) in the paragraph heading, by striking ``federal highway 
        administration'' and inserting ``an operating administration of 
        the department of transportation''; and
            (2) in subparagraph (A), by striking ``the Federal Highway 
        Administration'' and inserting ``an operating administration of 
        the Department of Transportation''.

    (c) Section 108(c)(3)(F) of title 23, United States Code, is 
amended--
            (1) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after 
        ``Policy Act''; and
            (2) by striking ``this Act'' and inserting ``this title''.

    (d) Section 112(b)(2) of title 23, United States Code, is amended by 
striking ``(F) (F) Subparagraphs'' and inserting the following:
                    ``(F) Exclusion.--Subparagraphs''.

    (e) Section 115(c) of title 23, United States Code, is amended by 
striking ``section 135(f)'' and inserting ``section 135(g)''.
    (f) Section 130(g) of title 23, United States Code, is amended--
            (1) in the third sentence--
                    (A) by striking ``and Transportation,'' and 
                inserting ``and Transportation''; and
                    (B) by striking ``thereafter,,'' and inserting 
                ``thereafter,''; and
            (2) in the fifth sentence, by striking ``railroad highway'' 
        and inserting ``railway-highway''.

    (g) Section 135(g) of title 23, United States Code, is amended--
            (1) in paragraph (3), by striking ``operators),,'' and 
        inserting ``operators),''; and
            (2) in paragraph (6)(B), by striking ``5310, 5311, 5316, and 
        5317'' and inserting ``5310 and 5311''.

    (h) Section 139 of title 23, United States Code (as amended by 
section 11301), is amended--
            (1) in subsection (b)(1), by inserting ``(42 U.S.C. 4321 et 
        seq.)'' after ``of 1969'';
            (2) in subsection (c), by inserting ``(42 U.S.C. 4321 et 
        seq.)'' after ``of 1969'' each place it appears; and
            (3) in subsection (k)(2), by inserting ``(42 U.S.C. 4321 et 
        seq.)'' after ``of 1969''.

    (i) Section 140(a) of title 23, United States Code, is amended, in 
the third sentence, by inserting a comma after ``Secretary''.
    (j) Section 148(i)(2)(D) of title 23, United States Code, is amended 
by striking ``safety safety'' and inserting ``safety''.
    (k) Section 166(a)(1) of title 23, United States Code, is amended by 
striking the paragraph designation and heading and all that follows 
through ``A public authority'' and inserting the following:
            ``(1) Authority of public authorities.--A public 
        authority''.

    (l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is 
amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting ``(25 
U.S.C. 5301 et seq.)''.

[[Page 135 STAT. 608]]

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

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

    (p) Section 217(d) of title 23, United States Code, is amended by 
striking ``104(b)(3)'' and inserting ``104(b)(4)''.
    (q) Section 323(d) of title 23, United States Code, is amended in 
the matter preceding paragraph (1), in the second sentence, by inserting 
``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
    (r) <<NOTE: Repeal.>>  Section 325 of title 23, United States Code, 
is repealed.

    (s) Section 504(g)(6) of title 23, United States Code, is amended by 
striking ``make grants or to'' and inserting ``make grants to''.
    (t) The analysis for chapter 3 of title 23, <<NOTE: 23 USC 301 
prec.>>  United States Code, is amended by striking the item relating to 
section 325.
SEC. 11526. WORKING GROUP ON COVERED RESOURCES.

    (a) Definitions.--In this section:
            (1) Covered resource.--The term ``covered resource'' means a 
        common variety material used in transportation infrastructure 
        construction and maintenance, including stone, sand, and gravel.

[[Page 135 STAT. 609]]

            (2) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory or 
        possession of the United States.
            (3) Working group.--The term ``Working Group'' means the 
        working group established under subsection (b).

    (b) <<NOTE: Deadline. Study.>>  Establishment.--Not later than 120 
days after the date of enactment of this Act, the Secretary shall 
establish a working group to conduct a study on access to covered 
resources for infrastructure projects.

    (c) Membership.--
            (1) Appointment.--The Secretary shall appoint to the Working 
        Group individuals with knowledge and expertise in the production 
        and transportation of covered resources.
            (2) Representation.--The Working Group shall include not 
        less than 1 representative of each of the following:
                    (A) State departments of transportation.
                    (B) State agencies associated with covered resources 
                protection.
                    (C) State planning and geologic survey and mapping 
                agencies.
                    (D) Commercial motor vehicle operators, including 
                small business operators and operators who transport 
                covered resources.
                    (E) Covered resources producers.
                    (F) Construction contractors.
                    (G) Labor organizations.
                    (H) Metropolitan planning organizations and regional 
                planning organizations.
                    (I) Indian Tribes, including Tribal elected 
                leadership or Tribal transportation officials.
                    (J) Any other stakeholders that the Secretary 
                determines appropriate.
            (3) Termination.--The Working Group shall terminate 180 days 
        after the date on which the Secretary receives the report under 
        subsection (f)(1).

    (d) Duties.--In carrying out the study required under subsection 
(b), the Working Group shall analyze--
            (1) the use of covered resources in transportation projects 
        funded with Federal dollars;
            (2) how the proximity of covered resources to such projects 
        affects the cost and environmental impact of those projects;
            (3) whether and how State, Tribal, and local transportation 
        and planning agencies consider covered resources when developing 
        transportation projects; and
            (4) any challenges for transportation project sponsors 
        regarding access and proximity to covered resources.

    (e) Consultation.--In carrying out the study required under 
subsection (b), the Working Group shall consult with, as appropriate--
            (1) chief executive officers of States;
            (2) State, Tribal, and local transportation and planning 
        agencies;
            (3) other relevant State, Tribal, and local agencies, 
        including State agencies associated with covered resources 
        protection;
            (4) members of the public with industry experience with 
        respect to covered resources;

[[Page 135 STAT. 610]]

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

    (f) <<NOTE: Summaries. Recommenda- tions.>>  Reports.--
            (1) Working group report.--Not later than 2 years after the 
        date on which the Working Group is established, the Working 
        Group shall submit to the Secretary a report that includes--
                    (A) the findings of the study required under 
                subsection (b), including a summary of comments received 
                during the consultation process under subsection (e); 
                and
                    (B) any recommendations to preserve access to and 
                reduce the costs and environmental impacts of covered 
                resources for infrastructure projects.
            (2) Departmental report.--Not later than 90 days after the 
        date on which the Secretary receives the report under paragraph 
        (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a summary of the findings under the report 
        and any recommendations, as appropriate.
SEC. 11527. BLOOD TRANSPORT VEHICLES.

    Section 166(b) of title 23, United States Code, is amended by adding 
at the end the following:
            ``(6) Blood transport vehicles.--The public authority may 
        allow blood transport vehicles that are transporting blood 
        between a collection point and a hospital or storage center to 
        use the HOV facility if the public authority establishes 
        requirements for clearly identifying such vehicles.''.
SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY 
                            RIGHTS-OF-WAY.

    (a) In General.--Chapter 3 of title 23, United States Code (as 
amended by section 11309(a)), is amended by adding at the end the 
following:
``Sec. 332. <<NOTE: 23 USC 332.>>  Pollinator-friendly practices 
                on roadsides and highway rights-of-way

    ``(a) <<NOTE: Grants.>>  In General.--The Secretary shall establish 
a program to provide grants to eligible entities to carry out activities 
to benefit pollinators on roadsides and highway rights-of-way, including 
the planting and seeding of native, locally-appropriate grasses and 
wildflowers, including milkweed.

    ``(b) Eligible Entities.--An entity eligible to receive a grant 
under this section is--
            ``(1) a State department of transportation;
            ``(2) an Indian tribe; or
            ``(3) a Federal land management agency.

    ``(c) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Secretary an application 
at such time, in such manner, and containing such information as the 
Secretary may require, including a pollinator-friendly practices plan 
described in subsection (d).
    ``(d) Pollinator-friendly Practices Plan.--

[[Page 135 STAT. 611]]

            ``(1) In general.--An eligible entity shall include in the 
        application under subsection (c) a plan that describes the 
        pollinator-friendly practices that the eligible entity has 
        implemented or plans to implement, including--
                    ``(A) practices relating to mowing strategies that 
                promote early successional vegetation and limit 
                disturbance during periods of highest use by target 
                pollinator species on roadsides and highway rights-of-
                way, such as--
                          ``(i) reducing the mowing swath outside of the 
                      State-designated safety zone;
                          ``(ii) increasing the mowing height;
                          ``(iii) reducing the mowing frequency;
                          ``(iv) refraining from mowing monarch and 
                      other pollinator habitat during periods in which 
                      monarchs or other pollinators are present;
                          ``(v) use of a flushing bar and cutting at 
                      reduced speeds to reduce pollinator deaths due to 
                      mowing; or
                          ``(vi) reducing raking along roadsides and 
                      highway rights-of-way;
                    ``(B) implementation of an integrated vegetation 
                management plan that includes approaches such as 
                mechanical tree and brush removal, targeted and 
                judicious use of herbicides, and mowing, to address weed 
                issues on roadsides and highway rights-of-way;
                    ``(C) planting or seeding of native, locally-
                appropriate grasses and wildflowers, including milkweed, 
                on roadsides and highway rights-of-way to enhance 
                pollinator habitat, including larval host plants;
                    ``(D) removing nonnative grasses from planting and 
                seeding mixes, except for use as nurse or cover crops;
                    ``(E) obtaining expert training or assistance on 
                pollinator-friendly practices, including--
                          ``(i) native plant identification;
                          ``(ii) establishment and management of 
                      locally-appropriate native plants that benefit 
                      pollinators;
                          ``(iii) land management practices that benefit 
                      pollinators; and
                          ``(iv) pollinator-focused integrated 
                      vegetation management; or
                    ``(F) <<NOTE: Determination.>>  any other 
                pollinator-friendly practices the Secretary determines 
                to be appropriate.
            ``(2) Coordination.--In developing a plan under paragraph 
        (1), an eligible entity that is a State department of 
        transportation or a Federal land management agency shall 
        coordinate with applicable State agencies, including State 
        agencies with jurisdiction over agriculture and fish and 
        wildlife.
            ``(3) Consultation.--In developing a plan under paragraph 
        (1)--
                    ``(A) an eligible entity that is a State department 
                of transportation or a Federal land management agency 
                shall consult with affected or interested Indian tribes; 
                and
                    ``(B) any eligible entity may consult with nonprofit 
                organizations, institutions of higher education, 
                metropolitan planning organizations, and any other 
                relevant entities.

    ``(e) Award of Grants.--

[[Page 135 STAT. 612]]

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

    ``(f) Use of Funds.--An eligible entity that receives a grant under 
this section shall use the funds for the implementation, improvement, or 
further development of the plan under subsection (d).
    ``(g) Federal Share.--The Federal share of the cost of an activity 
carried out with a grant under this section shall be 100 percent.
    ``(h) Best Practices.--The Secretary shall develop and make 
available to eligible entities best practices for, and a priority 
ranking of, pollinator-friendly practices on roadsides and highway 
rights-of-way.
    ``(i) Technical Assistance.--On request of an eligible entity that 
receives a grant under this section, the Secretary shall provide 
technical assistance with the implementation, improvement, or further 
development of a plan under subsection (d).
    ``(j) Administrative Costs.--For each fiscal year, the Secretary may 
use not more than 2 percent of the amounts made available to carry out 
this section for the administrative costs of carrying out this section.
    ``(k) Report.--Not later than 1 year after the date on which the 
first grant is provided under this section, the Secretary shall submit 
to the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the implementation of the program under this 
section.
    ``(l) <<NOTE: Time periods.>> Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        carry out this section $2,000,000 for each of fiscal years 2022 
        through 2026.
            ``(2) Availability.--Amounts made available under this 
        section shall remain available for a period of 3 years after the 
        last day of the fiscal year for which the funds are 
        authorized.''.

    (b) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code (as amended by section 11309(b)), <<NOTE: 23 USC 301 
prec.>> is amended by adding at the end the following:

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

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

    (a) <<NOTE: Grants.>>  In General.--Subject to the availability of 
appropriations, the Secretary shall carry out an active transportation 
infrastructure investment program to make grants, on a competitive 
basis, to eligible organizations to construct eligible projects to 
provide safe and connected active transportation facilities in an active 
transportation network or active transportation spine.

    (b) Application.--

[[Page 135 STAT. 613]]

            (1) In general.--To be eligible to receive a grant under 
        this section, an eligible organization shall submit to the 
        Secretary an application in such manner and containing such 
        information as the Secretary may require.
            (2) <<NOTE: Contracts.>>  Eligible projects partially on 
        federal land.--With respect to an application for an eligible 
        project that is located in part on Federal land, an eligible 
        organization shall enter into a cooperative agreement with the 
        appropriate Federal agency with jurisdiction over such land to 
        submit an application described in paragraph (1).

    (c) Application Considerations.--In making a grant for construction 
of an active transportation network or active transportation spine under 
this section, the Secretary shall consider the following:
            (1) <<NOTE: Plans.>>  Whether the eligible organization 
        submitted a plan for an eligible project for the development of 
        walking and bicycling infrastructure that is likely to provide 
        substantial additional opportunities for walking and bicycling, 
        including effective plans--
                    (A) to create an active transportation network 
                connecting destinations within or between communities, 
                including schools, workplaces, residences, businesses, 
                recreation areas, and other community areas, or create 
                an active transportation spine connecting two or more 
                communities, metropolitan regions, or States; and
                    (B) to integrate active transportation facilities 
                with transit services, where available, to improve 
                access to public transportation.
            (2) Whether the eligible organization demonstrates broad 
        community support through--
                    (A) the use of public input in the development of 
                transportation plans; and
                    (B) the commitment of community leaders to the 
                success and timely implementation of an eligible 
                project.
            (3) Whether the eligible organization provides evidence of 
        commitment to traffic safety, regulations, financial incentives, 
        or community design policies that facilitate significant 
        increases in walking and bicycling.
            (4) The extent to which the eligible organization 
        demonstrates commitment of State, local, or eligible Federal 
        matching funds, and land or in-kind contributions, in addition 
        to the local match required under subsection (f)(1), unless the 
        applicant qualifies for an exception under subsection (f)(2).
            (5) The extent to which the eligible organization 
        demonstrates that the grant will address existing disparities in 
        bicyclist and pedestrian fatality rates based on race or income 
        level or provide access to jobs and services for low-income 
        communities and disadvantaged communities.
            (6) Whether the eligible organization demonstrates how 
        investment in active transportation will advance safety for 
        pedestrians and cyclists, accessibility to jobs and key 
        destinations, economic competitiveness, environmental 
        protection, and quality of life.

    (d) Use of Funds.--
            (1) In general.--Of the amounts made available to carry out 
        this section and subject to paragraphs (2) and (3), the 
        Secretary shall obligate--

[[Page 135 STAT. 614]]

                    (A) not less than 30 percent to eligible projects 
                that construct active transportation networks that 
                connect people with public transportation, businesses, 
                workplaces, schools, residences, recreation areas, and 
                other community activity centers; and
                    (B) not less than 30 percent to eligible projects 
                that construct active transportation spines.
            (2) Planning and design grants.--Each fiscal year, the 
        Secretary shall set aside not less than $3,000,000 of the funds 
        made available to carry out this section to provide planning 
        grants for eligible organizations to develop plans for active 
        transportation networks and active transportation spines.
            (3) Administrative costs.--Each fiscal year, the Secretary 
        shall set aside not more than $2,000,000 of the funds made 
        available to carry out this section to cover the costs of 
        administration, research, technical assistance, communications, 
        and training activities under the program.
            (4) Limitation on statutory construction.--Nothing in this 
        subsection prohibits an eligible organization from receiving 
        research or other funds under title 23 or 49, United States 
        Code.

    (e) <<NOTE: Deadlines.>>  Grant Timing.--
            (1) <<NOTE: Federal Register, publication.>>  Request for 
        application.--Not later than 30 days after funds are made 
        available to carry out this section for a fiscal year, the 
        Secretary shall publish in the Federal Register a request for 
        applications for grants under this section for that fiscal year.
            (2) Selection of grant recipients.--Not later than 150 days 
        after funds are made available to carry out this section for a 
        fiscal year, the Secretary shall select grant recipients of 
        grants under this section for that fiscal year.

    (f) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of an eligible project carried out 
        using a grant under this section shall not exceed 80 percent of 
        the total project cost.
            (2) Exception for disadvantaged communities.--For eligible 
        projects serving communities with a poverty rate of over 40 
        percent based on the majority of census tracts served by the 
        eligible project, the Secretary may increase the Federal share 
        of the cost of the eligible project up to 100 percent of the 
        total project cost.

    (g) <<NOTE: Contracts.>>  Assistance to Indian Tribes.--In carrying 
out this section, the Secretary may enter into grant agreements, self-
determination contracts, and self-governance compacts under the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) 
with Indian tribes that are eligible organizations, and such agreements, 
contracts, and compacts shall be administered in accordance with that 
Act.

    (h) Reports.--
            (1) Interim report.--Not later than September 30, 2024, the 
        Secretary shall submit to Congress a report containing the 
        information described in paragraph (3).
            (2) Final report.--Not later than September 30, 2026, the 
        Secretary shall submit to Congress a report containing the 
        information described in paragraph (3).

[[Page 135 STAT. 615]]

            (3) Report information.--A report submitted under this 
        subsection shall contain the following, with respect to the 
        period covered by the applicable report:
                    (A) <<NOTE: List.>> A list of grants made under this 
                section.
                    (B) Best practices of eligible organizations that 
                receive grants under this section in implementing 
                eligible projects.
                    (C) Impediments experienced by eligible 
                organizations that receive grants under this section in 
                developing and shifting to active transportation.

    (i) <<NOTE: Deadline.>>  Rule Required.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall issue a final 
rule that encourages the use of the programmatic categorical exclusion, 
expedited procurement techniques, and other best practices to facilitate 
productive and timely expenditures for eligible projects that are small, 
low-impact, and constructed within an existing built environment.

    (j) <<NOTE: Time period.>>  Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this section $200,000,000 for each of 
        fiscal years 2022 through 2026.
            (2) Availability.--The amounts made available to carry out 
        this section shall remain available until expended.

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

[[Page 135 STAT. 616]]

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

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

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

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

[[Page 135 STAT. 617]]

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

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

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

     TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

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

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

[[Page 135 STAT. 618]]

                                            
                                        ``(cc) <<NOTE: Deadline.>> for 
                                        which the project sponsor has a 
                                        high probability of commencing 
                                        the contracting process for 
                                        construction by not later than 
                                        90 days after the date on which 
                                        credit assistance under the 
                                        TIFIA program is provided for 
                                        the project; and
                                            ``(dd) that has a high 
                                        probability of reducing the need 
                                        for financial assistance under 
                                        any other Federal program for 
                                        the relevant passenger rail 
                                        station or service by increasing 
                                        ridership, tenant lease 
                                        payments, or other activities 
                                        that generate revenue exceeding 
                                        costs; and
                          ``(ii) <<NOTE: Deadline.>>  for which, by not 
                      later than September 30, 2026, the Secretary has--
                                    ``(I) received a letter of interest; 
                                and
                                    ``(II) <<NOTE: Determination.>>  
                                determined that the project is eligible 
                                for assistance;'';
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(G) <<NOTE: Deadline.>>  an eligible airport-
                related project (as defined in section 40117(a) of title 
                49) for which, not later than September 30, 2025, the 
                Secretary has--
                          ``(i) received a letter of interest; and
                          ``(ii) <<NOTE: Determination.>>  determined 
                      that the project is eligible for assistance; and
                    ``(H) a project for the acquisition of plant and 
                wildlife habitat pursuant to a conservation plan that--
                          ``(i) has been approved by the Secretary of 
                      the Interior pursuant to section 10 of the 
                      Endangered Species Act of 1973 (16 U.S.C. 1539); 
                      and
                          ``(ii) in the judgment of the Secretary, would 
                      mitigate the environmental impacts of 
                      transportation infrastructure projects otherwise 
                      eligible for assistance under this title.''.

    (b) Eligibility.--Section 602(a)(2) of title 23, United States Code, 
is amended--
            (1) in subparagraph (A)(iv)--
                    (A) by striking ``a rating'' and inserting ``an 
                investment-grade rating''; and
                    (B) by striking ``$75,000,000'' and inserting 
                ``$150,000,000''; and
            (2) in subparagraph (B)--
                    (A) by striking ``the senior debt'' and inserting 
                ``senior debt''; and
                    (B) by striking ``credit instrument is for an amount 
                less than $75,000,000'' and inserting ``total amount of 
                other senior debt and the Federal credit instrument is 
                less than $150,000,000''.

    (c) Federal Requirements.--Section 602(c)(1) of title 23, United 
States Code, is amended in the matter preceding subparagraph (A) by 
striking ``and the requirements of section 5333(a) of title 49 for rail 
projects,'' and inserting ``the requirements of section 5333(a) of title 
49 for rail projects, and the requirements of sections 47112(b) and 
50101 of title 49 for airport-related projects,''.

[[Page 135 STAT. 619]]

    (d) Processing Timelines.--Section 602(d) of title 23, United States 
Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (2) in paragraph (3) (as so redesignated), by striking 
        ``paragraph (1)'' and inserting ``paragraph (2)''; and
            (3) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) <<NOTE: Estimate. Deadline.>>  Processing timelines.--
        Except in the case of an application described in subsection 
        (a)(8) and to the maximum extent practicable, the Secretary 
        shall provide an applicant with a specific estimate of the 
        timeline for the approval or disapproval of the application of 
        the applicant, which, to the maximum extent practicable, the 
        Secretary shall endeavor to complete by not later than 150 days 
        after the date on which the applicant submits a letter of 
        interest to the Secretary.''.

    (e) Maturity Date of Certain Secured Loans.--Section 603(b)(5) of 
title 23, United States Code, is amended--
            (1) in subparagraph (A), in the matter preceding clause (i), 
        by striking ``subparagraph (B)'' and inserting ``subparagraphs 
        (B) and (C)''; and
            (2) by adding at the end the following:
                    ``(C) Long lived assets.--In the case of a capital 
                asset with an estimated life of more than 50 years, the 
                final maturity date of the secured loan shall be the 
                lesser of--
                          ``(i) 75 years after the date of substantial 
                      completion of the project; or
                          ``(ii) 75 percent of the estimated useful life 
                      of the capital asset.''.

    (f) Secured Loans.--Section 603(c)(4)(A) of title 23, United States 
Code, is amended--
            (1) by striking ``Any excess'' and inserting the following:
                          ``(i) In general.--Except as provided in 
                      clause (ii), any excess''; and
            (2) by adding at the end the following:
                          ``(ii) <<NOTE: Contracts.>> Certain 
                      applicants.--In the case of a secured loan or 
                      other secured Federal credit instrument provided 
                      after the date of enactment of the Surface 
                      Transportation Reauthorization Act of 2021, if the 
                      obligor is a governmental entity, agency, or 
                      instrumentality, the obligor shall not be required 
                      to prepay the secured loan or other secured 
                      Federal credit instrument with any excess revenues 
                      described in clause (i) if the obligor enters into 
                      an agreement to use those excess revenues only for 
                      purposes authorized under this title or title 
                      49.''.

    (g) Technical Amendment.--Section 602(e) of title 23, United States 
Code, is amended by striking ``section 601(a)(1)(A)'' and inserting 
``section 601(a)(2)(A)''.
    (h) Streamlined Application Process.--Section 603(f) of title 23, 
United States Code, is amended by adding at the end the following:
            ``(3) Additional terms for expedited decisions.--
                    ``(A) <<NOTE: Deadline. Timeline.>>  In general.--
                Not later than 120 days after the date of enactment of 
                this paragraph, the Secretary shall implement an 
                expedited decision timeline for public agency borrowers 
                seeking secured loans that meet--

[[Page 135 STAT. 620]]

                          ``(i) the terms under paragraph (2); and
                          ``(ii) the additional criteria described in 
                      subparagraph (B).
                    ``(B) Additional criteria.--The additional criteria 
                referred to in subparagraph (A)(ii) are the following:
                          ``(i) The secured loan is made on terms and 
                      conditions that substantially conform to the 
                      conventional terms and conditions established by 
                      the National Surface Transportation Innovative 
                      Finance Bureau.
                          ``(ii) The secured loan is rated in the A 
                      category or higher.
                          ``(iii) The TIFIA program share of eligible 
                      project costs is 33 percent or less.
                          ``(iv) <<NOTE: Deadline.>> The applicant 
                      demonstrates a reasonable expectation that the 
                      contracting process for the project can commence 
                      by not later than 90 days after the date on which 
                      a Federal credit instrument is obligated for the 
                      project under the TIFIA program.
                          ``(v) The project has received a categorical 
                      exclusion, a finding of no significant impact, or 
                      a record of decision under the National 
                      Environmental Policy Act of 1969 (42 U.S.C. 4321 
                      et seq.).
                    ``(C) <<NOTE: Deadline.>>  Written notice.--The 
                Secretary shall provide to an applicant seeking a 
                secured loan under the expedited decision process under 
                this paragraph a written notice informing the applicant 
                whether the Secretary has approved or disapproved the 
                application by not later than 180 days after the date on 
                which the Secretary submits to the applicant a letter 
                indicating that the National Surface Transportation 
                Innovative Finance Bureau has commenced the 
                creditworthiness review of the project.''.

    (i) Funding.--
            (1) In general.--Section 608(a) of title 23, United States 
        Code, is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) Limitation for certain projects.--
                    ``(A) Transit-oriented development projects.--For 
                each fiscal year, the Secretary may use to carry out 
                projects described in section 601(a)(12)(E) not more 
                than 15 percent of the amounts made available to carry 
                out the TIFIA program for that fiscal year.
                    ``(B) Airport-related projects.--The Secretary may 
                use to carry out projects described in section 
                601(a)(12)(G)--
                          ``(i) for each fiscal year, not more than 15 
                      percent of the amounts made available to carry out 
                      the TIFIA program under the Surface Transportation 
                      Reauthorization Act of 2021 for that fiscal year; 
                      and
                          ``(ii) <<NOTE: Time period.>>  for the period 
                      of fiscal years 2022 through 2026, not more than 
                      15 percent of the unobligated carryover balances 
                      (as of October 1, 2021).''; and
                    (C) by striking paragraph (6) (as so redesignated) 
                and inserting the following:
            ``(6) Administrative costs.--Of the amounts made available 
        to carry out the TIFIA program, the Secretary may use

[[Page 135 STAT. 621]]

        not more than $10,000,000 for each of fiscal years 2022 through 
        2026 for the administration of the TIFIA program.''.
            (2) Conforming amendment.--Section 605(f)(1) of title 23, 
        United States Code, is amended by striking ``section 608(a)(5)'' 
        and inserting ``section 608(a)(6)''.

    (j) Status Reports.--Section 609 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(c) Status Reports.--
            ``(1) <<NOTE: Web postings. Time periods.>>  In general.--
        The Secretary shall publish on the website for the TIFIA 
        program--
                    ``(A) on a monthly basis, a current status report on 
                all submitted letters of interest and applications 
                received for assistance under the TIFIA program; and
                    ``(B) on a quarterly basis, a current status report 
                on all approved applications for assistance under the 
                TIFIA program.
            ``(2) Inclusions.--Each monthly and quarterly status report 
        under paragraph (1) shall include, at a minimum, with respect to 
        each project included in the status report--
                    ``(A) the name of the party submitting the letter of 
                interest or application;
                    ``(B) the name of the project;
                    ``(C) the date on which the letter of interest or 
                application was received;
                    ``(D) <<NOTE: Cost estimate.>>  the estimated 
                project eligible costs;
                    ``(E) the type of credit assistance sought; and
                    ``(F) the anticipated fiscal year and quarter for 
                closing of the credit assistance.''.

    (k) State Infrastructure Bank Program.--Section 610 of title 23, 
United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)(A), by striking ``fiscal years 
                2016 through 2020'' and inserting ``fiscal years 2022 
                through 2026'';
                    (B) in paragraph (2), by striking ``fiscal years 
                2016 through 2020'' and inserting ``fiscal years 2022 
                through 2026''; and
                    (C) in paragraph (3), by striking ``fiscal years 
                2016 through 2020'' and inserting ``fiscal years 2022 
                through 2026''; and
            (2) in subsection (k), by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 2026''.

    (l) Report.--Not later than September 30, 2025, the Secretary shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the impact of the amendment relating to 
airport-related projects under subsection (a)(2)(C) and subsection 
(i)(1)(B), including--
            (1) information on the use of TIFIA program (as defined in 
        section 601(a) of title 23, United States Code) funds for 
        eligible airport-related projects (as defined in section 
        40117(a) of title 49, United States Code); and
            (2) <<NOTE: Recommenda- tions.>>  recommendations for 
        modifications to the TIFIA program.

[[Page 135 STAT. 622]]

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

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

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

             TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

SEC. 13001. <<NOTE: 23 USC 503 note.>>  STRATEGIC INNOVATION FOR 
                            REVENUE COLLECTION.

    (a) In General.--The Secretary shall establish a program to test the 
feasibility of a road usage fee and other user-based alternative revenue 
mechanisms (referred to in this section as ``user-based alternative 
revenue mechanisms'') to help maintain the long-term solvency of the 
Highway Trust Fund, through pilot projects at the State, local, and 
regional level.
    (b) Grants.--
            (1) In general.--The Secretary shall provide grants to 
        eligible entities to carry out pilot projects under this 
        section.
            (2) Applications.--To be eligible for a grant under this 
        section, an eligible entity shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (3) Objectives.--The Secretary shall ensure that, in the 
        aggregate, the pilot projects carried out using funds provided 
        under this section meet the following objectives:
                    (A) To test the design, acceptance, equity, and 
                implementation of user-based alternative revenue 
                mechanisms, including among--
                          (i) differing income groups; and
                          (ii) rural and urban drivers, as applicable.

[[Page 135 STAT. 623]]

                    (B) <<NOTE: Recommenda- tions.>>  To provide 
                recommendations regarding adoption and implementation of 
                user-based alternative revenue mechanisms.
                    (C) To quantify and minimize the administrative 
                costs of any potential user-based alternative revenue 
                mechanisms.
                    (D) To test a variety of solutions, including the 
                use of independent and private third-party vendors, for 
                the collection of data and fees from user-based 
                alternative revenue mechanisms, including the 
                reliability and security of those solutions and vendors.
                    (E) To test solutions to ensure the privacy and 
                security of data collected for the purpose of 
                implementing a user-based alternative revenue mechanism.
                    (F) To conduct public education and outreach to 
                increase public awareness regarding the need for user-
                based alternative revenue mechanisms for surface 
                transportation programs.
                    (G) <<NOTE: Evaluation.>> To evaluate the ease of 
                compliance and enforcement of a variety of 
                implementation approaches for different users of the 
                surface transportation system.
                    (H) To ensure, to the greatest extent practicable, 
                the use of innovation.
                    (I) To consider, to the greatest extent practicable, 
                the potential for revenue collection along a network of 
                alternative fueling stations.
                    (J) <<NOTE: Evaluation.>> To evaluate the impacts of 
                the imposition of a user-based alternative revenue 
                mechanism on--
                          (i) transportation revenues;
                          (ii) personal mobility, driving patterns, 
                      congestion, and transportation costs; and
                          (iii) freight movement and costs.
                    (K) <<NOTE: Evaluation.>>  To evaluate options for 
                the integration of a user-based alternative revenue 
                mechanism with--
                          (i) nationwide transportation revenue 
                      collections and regulations;
                          (ii) toll revenue collection platforms;
                          (iii) transportation network company fees; and
                          (iv) any other relevant transportation revenue 
                      mechanisms.
            (4) Eligible entity.--An entity eligible to apply for a 
        grant under this section is--
                    (A) a State or a group of States;
                    (B) a local government or a group of local 
                governments; or
                    (C) a metropolitan planning organization (as defined 
                in section 134(b) of title 23, United States Code) or a 
                group of metropolitan planning organizations.
            (5) Use of funds.--An eligible entity that receives a grant 
        under this section shall use the grant to carry out a pilot 
        project to address 1 or more of the objectives described in 
        paragraph (3).
            (6) Consideration.--The Secretary shall consider geographic 
        diversity in awarding grants under this subsection.
            (7) Federal share.--The Federal share of the cost of a pilot 
        project carried out under this section may not exceed--

[[Page 135 STAT. 624]]

                    (A) 80 percent of the total cost of a project 
                carried out by an eligible entity that has not otherwise 
                received a grant under this section; and
                    (B) 70 percent of the total cost of a project 
                carried out by an eligible entity that has received at 
                least 1 grant under this section.

    (c) Limitation on Revenue Collected.--Any revenue collected through 
a user-based alternative revenue mechanism established using funds 
provided under this section shall not be considered a toll under section 
301 of title 23, United States Code.
    (d) <<NOTE: Coordination.>>  Recommendations and Report.--Not later 
than 3 years after the date of enactment of this Act, the Secretary, in 
coordination with the Secretary of the Treasury and the Federal System 
Funding Alternative Advisory Board established under section 
13002(g)(1), shall submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that--
            (1) <<NOTE: Summaries.>>  summarizes the results of the 
        pilot projects under this section and the national pilot program 
        under section 13002; and
            (2) provides recommendations, if applicable, to enable 
        potential implementation of a nationwide user-based alternative 
        revenue mechanism.

    (e) Funding.--
            (1) In general.--Of the funds made available to carry out 
        section 503(b) of title 23, United States Code, for each of 
        fiscal years 2022 through 2026 $15,000,000 shall be used for 
        pilot projects under this section.
            (2) <<NOTE: Effective date. Determination. Transfer 
        authority.>>  Flexibility.--If, by August 1 of each fiscal year, 
        the Secretary determines that there are not enough grant 
        applications to meet the requirements of this section for that 
        fiscal year, the Secretary shall transfer to the national pilot 
        program under section 13002 or to the highway research and 
        development program under section 503(b) of title 23, United 
        States Code--
                    (A) any funds reserved for a fiscal year under 
                paragraph (1) that the Secretary has not yet awarded 
                under this section; and
                    (B) an amount of obligation limitation equal to the 
                amount of funds that the Secretary transfers under 
                subparagraph (A).

    (f) Repeal.--
            (1) In general.--Section 6020 of the FAST Act (23 U.S.C. 503 
        note; Public Law 114-94) is repealed.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1312) is 
        amended by striking the item relating to section 6020.
SEC. 13002. <<NOTE: 23 USC 503 note.>>  NATIONAL MOTOR VEHICLE 
                            PER-MILE USER FEE PILOT.

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

[[Page 135 STAT. 625]]

            (3) Highway trust fund.--The term ``Highway Trust Fund'' 
        means the Highway Trust Fund established under section 9503 of 
        the Internal Revenue Code of 1986.
            (4) Light truck.--The term ``light truck'' has the meaning 
        given the term in section 523.2 of title 49, Code of Federal 
        Regulations (or successor regulations).
            (5) Medium- and heavy-duty truck.--The term ``medium- and 
        heavy-duty truck'' has the meaning given the term ``commercial 
        medium- and heavy-duty on-highway vehicle'' in section 32901(a) 
        of title 49, United States Code.
            (6) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' has the meaning given the term in section 32101 of 
        title 49, United States Code.
            (7) Per-mile user fee.--The term ``per-mile user fee'' means 
        a revenue mechanism that--
                    (A) is applied to road users operating motor 
                vehicles on the surface transportation system; and
                    (B) is based on the number of vehicle miles traveled 
                by an individual road user.
            (8) Pilot program.--The term ``pilot program'' means the 
        pilot program established under subsection (b)(1).
            (9) Volunteer participant.--The term ``volunteer 
        participant'' means--
                    (A) an owner or lessee of a private, personal motor 
                vehicle who volunteers to participate in the pilot 
                program;
                    (B) a commercial vehicle operator who volunteers to 
                participate in the pilot program; or
                    (C) an owner of a motor vehicle fleet who volunteers 
                to participate in the pilot program.

    (b) Establishment.--
            (1) <<NOTE: Coordination.>>  In general.--The Secretary, in 
        coordination with the Secretary of the Treasury, and consistent 
        with the recommendations of the advisory board, shall establish 
        a pilot program to demonstrate a national motor vehicle per-mile 
        user fee--
                    (A) to restore and maintain the long-term solvency 
                of the Highway Trust Fund; and
                    (B) to improve and maintain the surface 
                transportation system.
            (2) Objectives.--The objectives of the pilot program are--
                    (A) to test the design, acceptance, implementation, 
                and financial sustainability of a national motor vehicle 
                per-mile user fee;
                    (B) to address the need for additional revenue for 
                surface transportation infrastructure and a national 
                motor vehicle per-mile user fee; and
                    (C) <<NOTE: Recommenda- tions.>> to provide 
                recommendations relating to the adoption and 
                implementation of a national motor vehicle per-mile user 
                fee.

    (c) <<NOTE: Coordination.>>  Parameters.--In carrying out the pilot 
program, the Secretary, in coordination with the Secretary of the 
Treasury, shall--
            (1) provide different methods that volunteer participants 
        can choose from to track motor vehicle miles traveled;
            (2) <<NOTE: District of Columbia. Puerto Rico.>>  solicit 
        volunteer participants from all 50 States, the District of 
        Columbia, and the Commonwealth of Puerto Rico;
            (3) ensure an equitable geographic distribution by 
        population among volunteer participants;

[[Page 135 STAT. 626]]

            (4) include commercial vehicles and passenger motor 
        vehicles; and
            (5) use components of and, where appropriate, coordinate 
        with--
                    (A) the States that received a grant under section 
                6020 of the FAST Act (23 U.S.C. 503 note; Public Law 
                114-94) (as in effect on the day before the date of 
                enactment of this Act); and
                    (B) eligible entities that received a grant under 
                section 13001.

    (d) Methods.--
            (1) <<NOTE: Coordination.>>  Tools.--In selecting the 
        methods described in subsection (c)(1), the Secretary shall 
        coordinate with entities that voluntarily provide to the 
        Secretary for use under the pilot program any of the following 
        vehicle-miles-traveled collection tools:
                    (A) Third-party on-board diagnostic (OBD-II) 
                devices.
                    (B) Smart phone applications.
                    (C) Telemetric data collected by automakers.
                    (D) Motor vehicle data obtained by car insurance 
                companies.
                    (E) Data from the States that received a grant under 
                section 6020 of the FAST Act (23 U.S.C. 503 note; Public 
                Law 114-94) (as in effect on the day before the date of 
                enactment of this Act).
                    (F) Motor vehicle data obtained from fueling 
                stations.
                    (G) Any other method that the Secretary considers 
                appropriate.
            (2) Coordination.--
                    (A) <<NOTE: Determination.>>  Selection.--The 
                Secretary shall determine which collection tools under 
                paragraph (1) are selected for the pilot program.
                    (B) Volunteer participants.--In a manner that the 
                Secretary considers appropriate, the Secretary shall 
                enable each volunteer participant to choose 1 of the 
                selected collection tools under paragraph (1).

    (e) Motor Vehicle Per-mile User Fees.--For the purposes of the pilot 
program, the Secretary of the Treasury shall establish, on an annual 
basis, per-mile user fees for passenger motor vehicles, light trucks, 
and medium- and heavy-duty trucks, which amount may vary between vehicle 
types and weight classes to reflect estimated impacts on infrastructure, 
safety, congestion, the environment, or other related social impacts.
    (f) <<NOTE: Coordination.>>  Volunteer Participants.--The Secretary, 
in coordination with the Secretary of the Treasury, shall--
            (1)(A) ensure, to the extent practicable, that the greatest 
        number of volunteer participants participate in the pilot 
        program; and
            (B) ensure that such volunteer participants represent 
        geographically diverse regions of the United States, including 
        from urban and rural areas; and
            (2) issue policies relating to the protection of volunteer 
        participants, including policies that--
                    (A) protect the privacy of volunteer participants; 
                and
                    (B) secure the data provided by volunteer 
                participants.

    (g) Federal System Funding Alternative Advisory Board.--

[[Page 135 STAT. 627]]

            (1) <<NOTE: Deadline.>> In general.--Not later than 90 days 
        after the date of enactment of this Act, the Secretary shall 
        establish an advisory board, to be known as the ``Federal System 
        Funding Alternative Advisory Board'', to assist with--
                    (A) <<NOTE: Recommenda- tions.>>  providing the 
                Secretary with recommendations related to the structure, 
                scope, and methodology for developing and implementing 
                the pilot program;
                    (B) carrying out the public awareness campaign under 
                subsection (h); and
                    (C) developing the report under subsection (n).
            (2) <<NOTE: Appointments.>> Membership.--The advisory board 
        shall include, at a minimum, the following representatives and 
        entities, to be appointed by the Secretary:
                    (A) State departments of transportation.
                    (B) Any public or nonprofit entity that led a 
                surface transportation system funding alternatives pilot 
                project under section 6020 of the FAST Act (23 U.S.C. 
                503 note; Public Law 114-94) (as in effect on the day 
                before the date of enactment of this Act).
                    (C) Representatives of the trucking industry, 
                including owner-operator independent drivers.
                    (D) Data security experts with expertise in personal 
                privacy.
                    (E) Academic experts on surface transportation 
                systems.
                    (F) Consumer advocates, including privacy experts.
                    (G) Advocacy groups focused on equity.
                    (H) Owners of motor vehicle fleets.
                    (I) Owners and operators of toll facilities.
                    (J) Tribal groups or representatives.
                    (K) <<NOTE: Determination.>> Any other 
                representatives or entities, as determined appropriate 
                by the Secretary.
            (3) <<NOTE: Deadline.>>  Recommendations.--Not later than 1 
        year after the date on which the advisory board is established 
        under paragraph (1), the advisory board shall provide the 
        Secretary with the recommendations described in subparagraph (A) 
        of that paragraph, which the Secretary shall use in implementing 
        the pilot program.

    (h) Public Awareness Campaign.--
            (1) In general.--The Secretary, with guidance from the 
        advisory board, may carry out a public awareness campaign to 
        increase public awareness regarding a national motor vehicle 
        per-mile user fee, including distributing information--
                    (A) related to the pilot program;
                    (B) from the State surface transportation system 
                funding alternatives pilot program under section 6020 of 
                the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as 
                in effect on the day before the date of enactment of 
                this Act); and
                    (C) related to consumer privacy.
            (2) Considerations.--In carrying out the public awareness 
        campaign under this subsection, the Secretary shall consider 
        issues unique to each State.

    (i) <<NOTE: Coordination.>>  Revenue Collection.--The Secretary of 
the Treasury, in coordination with the Secretary, shall establish a 
mechanism to collect motor vehicle per-mile user fees established under 
subsection (e) from volunteer participants, which--

[[Page 135 STAT. 628]]

            (1) may be adjusted as needed to address technical 
        challenges; and
            (2) may allow independent and private third-party vendors to 
        collect the motor vehicle per-mile user fees and forward such 
        fees to the Treasury.

    (j) <<NOTE: Contracts.>> Agreement.--The Secretary may enter into an 
agreement with a volunteer participant containing such terms and 
conditions as the Secretary considers necessary for participation in the 
pilot program.

    (k) Limitation.--Any revenue collected through the mechanism 
established under subsection (i) shall not be considered a toll under 
section 301 of title 23, United States Code.
    (l) Highway Trust Fund.--The Secretary of the Treasury shall ensure 
that any revenue collected under subsection (i) is deposited into the 
Highway Trust Fund.
    (m) <<NOTE: Deadlines. Time 
period. Consultation. Estimates.>> Payment.--Not more than 60 days after 
the end of each calendar quarter in which a volunteer participant has 
participated in the pilot program, the Secretary of the Treasury, in 
consultation with the Secretary of Transportation, shall estimate an 
amount of payment for each volunteer based on the vehicle miles 
submitted by the volunteer for the calendar quarter and issue such 
payment to such volunteer participant.

    (n) <<NOTE: Analysis.>>  Report to Congress.--Not later than 1 year 
after the date on which volunteer participants begin participating in 
the pilot program, and each year thereafter for the duration of the 
pilot program, the Secretary and the Secretary of the Treasury shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report that includes an analysis of--
            (1) whether the objectives described in subsection (b)(2) 
        were achieved;
            (2) how volunteer participant protections in subsection 
        (f)(2) were complied with;
            (3) <<NOTE: Estimates.>>  whether motor vehicle per-mile 
        user fees can maintain the long-term solvency of the Highway 
        Trust Fund and improve and maintain the surface transportation 
        system, which shall include estimates of administrative costs 
        related to collecting such motor vehicle per mile user fees;
            (4) how the privacy of volunteers was maintained; and
            (5) equity impacts of the pilot program, including the 
        impacts of the pilot program on low-income commuters.

    (o) Funding.--
            (1) <<NOTE: Time period.>>  In general.--Of the funds made 
        available to carry out section 503(b) of title 23, United States 
        Code, for each of fiscal years 2022 through 2026 $10,000,000 
        shall be used to carry out the pilot program under this section.
            (2) Excess funds.--Any excess funds remaining after carrying 
        out the pilot program under this section shall be available to 
        make grants for pilot projects under section 13001.
SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.

    Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public Law 114-
94) is amended by striking ``fiscal years 2016 through 2020'' and 
inserting ``fiscal years 2022 through 2026''.

[[Page 135 STAT. 629]]

SEC. 13004. <<NOTE: 23 USC 503 note.>>  DATA INTEGRATION PILOT 
                            PROGRAM.

    (a) Establishment.--The Secretary shall establish a pilot program--
            (1) to provide research and develop models that integrate, 
        in near-real-time, data from multiple sources, including 
        geolocated--
                    (A) weather conditions;
                    (B) roadway conditions;
                    (C) incidents, work zones, and other nonrecurring 
                events related to emergency planning; and
                    (D) information from emergency responders; and
            (2) to facilitate data integration between the Department, 
        the National Weather Service, and other sources of data that 
        provide real-time data with respect to roadway conditions during 
        or as a result of severe weather events, including, at a 
        minimum--
                    (A) winter weather;
                    (B) heavy rainfall; and
                    (C) tropical weather events.

    (b) Requirements.--In carrying out subsection (a)(1), the Secretary 
shall--
            (1) address the safety, resiliency, and vulnerability of the 
        transportation system to disasters; and
            (2) develop tools for decisionmakers and other end-users who 
        could use or benefit from the integrated data described in that 
        subsection to improve public safety and mobility.

    (c) Treatment.--Except as otherwise provided in this section, the 
Secretary shall carry out activities under the pilot program under this 
section as if--
            (1) those activities were authorized under chapter 5 of 
        title 23, United States Code; and
            (2) the funds made available to carry out the pilot program 
        were made available under that chapter.

    (d) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to carry out this section $2,500,000 
for each of fiscal years 2022 through 2026, to remain available until 
expended.
SEC. 13005. <<NOTE: 23 USC 503 note.>>  EMERGING TECHNOLOGY 
                            RESEARCH PILOT PROGRAM.

    (a) Establishment.--The Secretary shall establish a pilot program to 
conduct emerging technology research in accordance with this section.
    (b) Activities.--The pilot program under this section shall 
include--
            (1) research and development activities relating to 
        leveraging advanced and additive manufacturing technologies to 
        increase the structural integrity and cost-effectiveness of 
        surface transportation infrastructure; and
            (2) research and development activities (including 
        laboratory and test track supported accelerated pavement testing 
        research regarding the impacts of connected, autonomous, and 
        platooned vehicles on pavement and infrastructure performance)--
                    (A) to reduce the impact of automated and connected 
                driving systems and advanced driver-assistance systems 
                on pavement and infrastructure performance; and

[[Page 135 STAT. 630]]

                    (B) to improve transportation infrastructure design 
                in anticipation of increased usage of automated driving 
                systems and advanced driver-assistance systems.

    (c) Treatment.--Except as otherwise provided in this section, the 
Secretary shall carry out activities under the pilot program under this 
section as if--
            (1) those activities were authorized under chapter 5 of 
        title 23, United States Code; and
            (2) the funds made available to carry out the pilot program 
        were made available under that chapter.

    (d) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to carry out this section $5,000,000 
for each of fiscal years 2022 through 2026, to remain available until 
expended.
SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.

    (a) In General.--Section 503 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(2), by striking ``section 508'' and 
        inserting ``section 6503 of title 49'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (C), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (D), by striking the 
                      period at the end and inserting a semicolon; and
                          (iii) by adding at the end the following:
                    ``(E) engage with public and private entities to 
                spur advancement of emerging transformative innovations 
                through accelerated market readiness; and
                    ``(F) <<NOTE: Consultation.>> consult frequently 
                with public and private entities on new transportation 
                technologies.'';
                    (B) in paragraph (2)(C)--
                          (i) by redesignating clauses (x) through (xv) 
                      as clauses (xi) through (xvi), respectively; and
                          (ii) by inserting after clause (ix) the 
                      following:
                          ``(x) safety measures to reduce the number of 
                      wildlife-vehicle collisions;'';
                    (C) in paragraph (3)--
                          (i) in subparagraph (B)(viii), by inserting 
                      ``, including weather,'' after ``events''; and
                          (ii) in subparagraph (C)--
                                    (I) in clause (xv), by inserting 
                                ``extreme weather events and'' after 
                                ``withstand'';
                                    (II) in clause (xviii), by striking 
                                ``and'' at the end;
                                    (III) in clause (xix), by striking 
                                the period at the end and inserting ``; 
                                and''; and
                                    (IV) by adding at the end the 
                                following:
                          ``(xx) <<NOTE: Studies.>>  studies on the 
                      deployment and revenue potential of the deployment 
                      of energy and broadband infrastructure in highway 
                      rights-of-way, including potential adverse impacts 
                      of the use or nonuse of those rights-of-way.'';
                    (D) in paragraph (6)--

[[Page 135 STAT. 631]]

                          (i) in subparagraph (A), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (B), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(C) <<NOTE: Consultation.>> to support research on 
                non-market-ready technologies in consultation with 
                public and private entities.'';
                    (E) in paragraph (7)(B)--
                          (i) in the matter preceding clause (i), by 
                      inserting ``innovations by leading'' after 
                      ``support'';
                          (ii) in clause (iii), by striking ``and'' at 
                      the end;
                          (iii) in clause (iv), by striking the period 
                      at the end and inserting ``; and''; and
                          (iv) by adding at the end the following:
                          ``(v) <<NOTE: Evaluation.>>  the evaluation of 
                      information from accelerated market readiness 
                      efforts, including non-market-ready technologies, 
                      in consultation with other offices of the Federal 
                      Highway Administration, the National Highway 
                      Traffic Safety Administration, and other key 
                      partners.'';
                    (F) in paragraph (8)(A), by striking ``future 
                highway'' and all that follows through ``needs.'' and 
                inserting the following: ``current conditions and future 
                needs of highways, bridges, and tunnels of the United 
                States, including--
                          ``(i) the conditions and performance of the 
                      highway network for freight movement;
                          ``(ii) intelligent transportation systems;
                          ``(iii) resilience needs; and
                          ``(iv) the backlog of current highway, bridge, 
                      and tunnel needs.''; and
                    (G) by adding at the end the following:
            ``(9) Analysis tools.--The Secretary may develop interactive 
        modeling tools and databases that--
                    ``(A) track the full condition of highway assets, 
                including interchanges, and the reconstruction history 
                of those assets;
                    ``(B) can be used to assess transportation options;
                    ``(C) allow for the monitoring and modeling of 
                network-level traffic flows on highways; and
                    ``(D) further Federal and State understanding of the 
                importance of national and regional connectivity and the 
                need for long-distance and interregional passenger and 
                freight travel by highway and other surface 
                transportation modes.''; and
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``use of rights-of-way permissible 
                      under applicable law,'' after ``structures,'';
                          (ii) in subparagraph (D), by striking ``and'' 
                      at the end;
                          (iii) in subparagraph (E), by striking the 
                      period at the end and inserting ``; and''; and
                          (iv) by adding at the end the following:
                    ``(F) <<NOTE: Evaluation.>> disseminating and 
                evaluating information from accelerated market readiness 
                efforts, including non-market-ready technologies, to 
                public and private entities.'';

[[Page 135 STAT. 632]]

                    (B) in paragraph (2)--
                          (i) in subparagraph (B)(iii), by striking 
                      ``improved tools and methods to accelerate the 
                      adoption'' and inserting ``and deploy improved 
                      tools and methods to accelerate the adoption of 
                      early-stage and proven innovative practices and 
                      technologies and, as the Secretary determines to 
                      be appropriate, support continued 
                      implementation''; and
                          (ii) by adding at the end the following:
                    ``(D) <<NOTE: Public information. Web 
                posting.>> Report.--Not later than 2 years after the 
                date of enactment of this subparagraph and every 2 years 
                thereafter, the Secretary shall submit to the Committee 
                on Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and make publicly available on 
                an internet website a report that describes--
                          ``(i) the activities the Secretary has 
                      undertaken to carry out the program established 
                      under paragraph (1); and
                          ``(ii) how and to what extent the Secretary 
                      has worked to disseminate non-market-ready 
                      technologies to public and private entities.'';
                    (C) in paragraph (3)--
                          (i) by redesignating subparagraphs (C) and (D) 
                      as subparagraphs (D) and (E), respectively;
                          (ii) by inserting after subparagraph (B) the 
                      following:
                    ``(C) High-friction surface treatment application 
                study.--
                          ``(i) Definition of institution.--In this 
                      subparagraph, the term `institution' means a 
                      private sector entity, public agency, research 
                      university or other research institution, or 
                      organization representing transportation and 
                      technology leaders or other transportation 
                      stakeholders that, as determined by the Secretary, 
                      is capable of working with State highway agencies, 
                      the Federal Highway Administration, and the 
                      highway construction industry to develop and 
                      evaluate new products, design technologies, and 
                      construction methods that quickly lead to pavement 
                      improvements.
                          ``(ii) <<NOTE: Contracts.>>  Study.--The 
                      Secretary shall seek to enter into an agreement 
                      with an institution to carry out a study on the 
                      use of natural and synthetic calcined bauxite as a 
                      high-friction surface treatment application on 
                      pavement.
                          ``(iii) Report.--Not later than 18 months 
                      after the date of enactment of the Surface 
                      Transportation Reauthorization Act of 2021, the 
                      Secretary shall submit a report on the results of 
                      the study under clause (ii) to--
                                    ``(I) the Committee on Environment 
                                and Public Works of the Senate;
                                    ``(II) the Committee on 
                                Transportation and Infrastructure of the 
                                House of Representatives;
                                    ``(III) the Federal Highway 
                                Administration; and

[[Page 135 STAT. 633]]

                                    ``(IV) the American Association of 
                                State Highway and Transportation 
                                Officials.'';
                          (iii) in subparagraph (D) (as so 
                      redesignated), by striking ``fiscal years 2016 
                      through 2020'' and inserting ``fiscal years 2022 
                      through 2026''; and
                          (iv) in subparagraph (E) (as so 
                      redesignated)--
                                    (I) in clause (i), by striking 
                                ``annually'' and inserting ``once every 
                                3 years''; and
                                    (II) in clause (ii)--
                                            (aa) in subclause (III), by 
                                        striking ``and'' at the end;
                                            (bb) in subclause (IV), by 
                                        striking the period at the end 
                                        and inserting a semicolon; and
                                            (cc) by adding at the end 
                                        the following:
                                    ``(V) pavement monitoring and data 
                                collection practices;
                                    ``(VI) pavement durability and 
                                resilience;
                                    ``(VII) stormwater management;
                                    ``(VIII) impacts on vehicle 
                                efficiency;
                                    ``(IX) the energy efficiency of the 
                                production of paving materials and the 
                                ability of paving materials to enhance 
                                the environment and promote 
                                sustainability; and
                                    ``(X) integration of renewable 
                                energy in pavement designs.''; and
                    (D) by adding at the end the following:
            ``(5) Accelerated implementation and deployment of advanced 
        digital construction management systems.--
                    ``(A) In general.--The Secretary shall establish and 
                implement a program under the technology and innovation 
                deployment program established under paragraph (1) to 
                promote, implement, deploy, demonstrate, showcase, 
                support, and document the application of advanced 
                digital construction management systems, practices, 
                performance, and benefits.
                    ``(B) Goals.--The goals of the accelerated 
                implementation and deployment of advanced digital 
                construction management systems program established 
                under subparagraph (A) shall include--
                          ``(i) accelerated State adoption of advanced 
                      digital construction management systems applied 
                      throughout the construction lifecycle (including 
                      through the design and engineering, construction, 
                      and operations phases) that--
                                    ``(I) maximize interoperability with 
                                other systems, products, tools, or 
                                applications;
                                    ``(II) boost productivity;
                                    ``(III) manage complexity;
                                    ``(IV) reduce project delays and 
                                cost overruns; and
                                    ``(V) enhance safety and quality;
                          ``(ii) more timely and productive information-
                      sharing among stakeholders through reduced 
                      reliance on paper to manage construction processes 
                      and deliverables such as blueprints, design 
                      drawings,

[[Page 135 STAT. 634]]

                      procurement and supply-chain orders, equipment 
                      logs, daily progress reports, and punch lists;
                          ``(iii) deployment of digital management 
                      systems that enable and leverage the use of 
                      digital technologies on construction sites by 
                      contractors, such as state-of-the-art automated 
                      and connected machinery and optimized routing 
                      software that allows construction workers to 
                      perform tasks faster, safer, more accurately, and 
                      with minimal supervision;
                          ``(iv) the development and deployment of best 
                      practices for use in digital construction 
                      management;
                          ``(v) increased technology adoption and 
                      deployment by States and units of local government 
                      that enables project sponsors--
                                    ``(I) to integrate the adoption of 
                                digital management systems and 
                                technologies in contracts; and
                                    ``(II) to weigh the cost of 
                                digitization and technology in setting 
                                project budgets;
                          ``(vi) technology training and workforce 
                      development to build the capabilities of project 
                      managers and sponsors that enables States and 
                      units of local government--
                                    ``(I) to better manage projects 
                                using advanced construction management 
                                technologies; and
                                    ``(II) to properly measure and 
                                reward technology adoption across 
                                projects of the State or unit of local 
                                government;
                          ``(vii) development of guidance to assist 
                      States in updating regulations of the State to 
                      allow project sponsors and contractors--
                                    ``(I) to report data relating to the 
                                project in digital formats; and
                                    ``(II) to fully capture the 
                                efficiencies and benefits of advanced 
                                digital construction management systems 
                                and related technologies;
                          ``(viii) reduction in the environmental 
                      footprint of construction projects using advanced 
                      digital construction management systems resulting 
                      from elimination of congestion through more 
                      efficient projects; and
                          ``(ix) enhanced worker and pedestrian safety 
                      resulting from increased transparency.
                    ``(C) <<NOTE: Time period.>>  Funding.--For each of 
                fiscal years 2022 through 2026, the Secretary shall 
                obligate from funds made available to carry out this 
                subsection $20,000,000 to accelerate the deployment and 
                implementation of advanced digital construction 
                management systems.
                    ``(D) Publication.--
                          ``(i) <<NOTE: Public information. Web 
                      posting. Reports.>> In general.--Not less 
                      frequently than annually, the Secretary shall 
                      issue and make available to the public on a 
                      website a report on--
                                    ``(I) progress made in the 
                                implementation of advanced digital 
                                management systems by States; and

[[Page 135 STAT. 635]]

                                    ``(II) the costs and benefits of the 
                                deployment of new technology and 
                                innovations that substantially and 
                                directly resulted from the program 
                                established under this paragraph.
                          ``(ii) <<NOTE: Analysis.>> Inclusions.--The 
                      report under clause (i) may include an analysis 
                      of--
                                    ``(I) Federal, State, and local cost 
                                savings;
                                    ``(II) project delivery time 
                                improvements;
                                    ``(III) congestion impacts; and
                                    ``(IV) safety improvements for 
                                roadway users and construction 
                                workers.''.

    (b) Advanced Transportation Technologies and Innovative Mobility 
Deployment.--Section 503(c)(4) of title 23, United States Code, is 
amended--
            (1) in the heading, by inserting ``and innovative mobility'' 
        before ``deployment'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) <<NOTE: Grants.>>  In general.--The Secretary 
                shall provide grants to eligible entities to deploy, 
                install, and operate advanced transportation 
                technologies to improve safety, mobility, efficiency, 
                system performance, intermodal connectivity, and 
                infrastructure return on investment.'';
            (3) in subparagraph (B)--
                    (A) in clause (i), by striking ``the enhanced use'' 
                and inserting ``optimization'';
                    (B) in clause (v)--
                          (i) by striking ``transit,'' and inserting 
                      ``work zone, weather, transit, paratransit,''; and
                          (ii) by striking ``and accessible 
                      transportation'' and inserting ``, accessible, and 
                      integrated transportation and transportation 
                      services'';
                    (C) by redesignating clauses (i) through (viii) as 
                clauses (iii), (iv), (v), (vi), (vii), (ix), (x), and 
                (xi), respectively;
                    (D) by inserting before clause (iii) (as so 
                redesignated) the following:
                          ``(i) improve the mobility of people and 
                      goods;
                          ``(ii) improve the durability and extend the 
                      life of transportation infrastructure;'';
                    (E) in clause (iv) (as so redesignated), by striking 
                ``deliver'' and inserting ``protect the environment and 
                deliver'';
                    (F) by inserting after clause (vii) (as so 
                redesignated) the following:
                          ``(viii) facilitate account-based payments for 
                      transportation access and services and integrate 
                      payment systems across modes;'';
                    (G) in clause (x) (as so redesignated), by striking 
                ``or'' at the end;
                    (H) in clause (xi) (as so redesignated)--
                          (i) by inserting ``vehicle-to-pedestrian,'' 
                      after ``vehicle-to-infrastructure,''; and
                          (ii) by striking the period at the end and 
                      inserting ``; or''; and
                    (I) by adding at the end the following:
                          ``(xii) incentivize travelers--

[[Page 135 STAT. 636]]

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

[[Page 135 STAT. 637]]

                          (i) by striking ``and access'' and inserting 
                      ``, access, and on-demand transportation 
                      service'';
                          (ii) by inserting ``and other shared-use 
                      mobility applications'' after ``ridesharing''; and
                          (iii) by striking the period at the end and 
                      inserting a semicolon; and
                    (G) by adding at the end the following:
                          ``(xv) retrofitting dedicated short-range 
                      communications (DSRC) technology deployed as part 
                      of an existing pilot program to cellular vehicle-
                      to-everything (C-V2X) technology, subject to the 
                      condition that the retrofitted technology operates 
                      only within the existing spectrum allocations for 
                      connected vehicle systems; or
                          ``(xvi) advanced transportation technologies, 
                      in accordance with the research areas described in 
                      section 6503 of title 49.'';
            (7) in subparagraph (F)(ii)(IV), by striking ``efficiency 
        and multimodal system performance'' and inserting ``mobility, 
        efficiency, multimodal system performance, and payment system 
        performance'';
            (8) in subparagraph (G)--
                    (A) by redesignating clauses (vi) through (viii) as 
                clauses (vii) through (ix), respectively; and
                    (B) by inserting after clause (v) the following:
                          ``(vi) improved integration of payment 
                      systems;'';
            (9) in subparagraph (I)(i), by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 2026'';
            (10) in subparagraph (J), by striking ``50'' and inserting 
        ``80''; and
            (11) in subparagraph (N)--
                    (A) in the matter preceding clause (i), by striking 
                ``, the following definitions apply'';
                    (B) in clause (i), by striking ``representing a 
                population of over 200,000''; and
                    (C) in clause (iii), in the matter preceding 
                subclause (I), by striking ``a any'' and inserting 
                ``any''.

    (c) Center of Excellence on New Mobility and Automated Vehicles.--
Section 503(c) of title 23, United States Code (as amended by subsection 
(a)(3)(D)), is amended by adding at the end the following:
            ``(6) Center of excellence.--
                    ``(A) Definitions.--In this paragraph:
                          ``(i) Highly automated vehicle.--The term 
                      `highly automated vehicle' means a motor vehicle 
                      that--
                                    ``(I) has a taxable gross weight (as 
                                defined in section 41.4482(b)-1 of title 
                                26, Code of Federal Regulations (or 
                                successor regulations)) of 10,000 pounds 
                                or less; and
                                    ``(II) is equipped with a Level 3, 
                                Level 4, or Level 5 automated driving 
                                system (as defined in the SAE 
                                International Recommended Practice 
                                numbered J3016 and dated June 15, 2018 
                                (or a subsequent standard adopted by the 
                                Secretary)).
                          ``(ii) New mobility.--The term `new mobility' 
                      includes shared services such as--
                                    ``(I) docked and dockless bicycles;

[[Page 135 STAT. 638]]

                                    ``(II) docked and dockless electric 
                                scooters; and
                                    ``(III) transportation network 
                                companies.
                    ``(B) <<NOTE: Deadline.>> Establishment.--Not later 
                than 1 year after the date of enactment of the Surface 
                Transportation Reauthorization Act of 2021, the 
                Secretary shall establish a Center of Excellence to 
                collect, conduct, and fund research on the impacts of 
                new mobility and highly automated vehicles on land use, 
                urban design, transportation, real estate, equity, and 
                municipal budgets.
                    ``(C) Report.--Not later than 1 year after the date 
                on which the Center of Excellence is established, the 
                Secretary shall submit a report that describes the 
                results of the research regarding the impacts of new 
                mobility and highly automated vehicles to the Committees 
                on Environment and Public Works and Commerce, Science, 
                and Transportation of the Senate and the Committees on 
                Transportation and Infrastructure and Energy and 
                Commerce of the House of Representatives.
                    ``(D) Partnerships.--In establishing the Center of 
                Excellence under subparagraph (B), the Secretary shall 
                enter into appropriate partnerships with any institution 
                of higher education (as defined in section 101 of the 
                Higher Education Act of 1965 (20 U.S.C. 1001)) or public 
                or private research entity.''.

    (d) <<NOTE: Reports.>>  Accelerated Implementation and Deployment of 
Advanced Digital Construction Management Systems.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that includes--
            (1) a description of--
                    (A) the current status of the use of advanced 
                digital construction management systems in each State; 
                and
                    (B) the progress of each State toward accelerating 
                the adoption of advanced digital construction management 
                systems; and
            (2) <<NOTE: Analysis.>>  an analysis of the savings in 
        project delivery time and project costs that can be achieved 
        through the use of advanced digital construction management 
        systems.

    (e) <<NOTE: 23 USC 503 note.>>  Open Challenge and Research Proposal 
Pilot Program.--
            (1) In general.--The Secretary shall establish an open 
        challenge and research proposal pilot program under which 
        eligible entities may propose open highway challenges and 
        research proposals that are linked to identified or potential 
        research needs.
            (2) Requirements.--A research proposal submitted to the 
        Secretary by an eligible entity shall address--
                    (A) a research need identified by the Secretary or 
                the Administrator of the Federal Highway Administration; 
                or
                    (B) an issue or challenge that the Secretary 
                determines to be important.
            (3) Eligible entities.--An entity eligible to submit a 
        research proposal under the pilot program under paragraph (1) 
        is--
                    (A) a State;

[[Page 135 STAT. 639]]

                    (B) a unit of local government;
                    (C) a university transportation center under section 
                5505 of title 49, United States Code;
                    (D) a private nonprofit organization;
                    (E) a private sector organization working in 
                collaboration with an entity described in subparagraphs 
                (A) through (D); and
                    (F) any other individual or entity that the 
                Secretary determines to be appropriate.
            (4) Project review.--The Secretary shall--
                    (A) review each research proposal submitted under 
                the pilot program under paragraph (1); and
                    (B) <<NOTE: Notice.>>  provide to the eligible 
                entity a written notice that--
                          (i) if the research proposal is not selected--
                                    (I) notifies the eligible entity 
                                that the research proposal has not been 
                                selected for funding;
                                    (II) provides an explanation as to 
                                why the research proposal was not 
                                selected, including if the research 
                                proposal does not cover an area of need; 
                                and
                                    (III) <<NOTE: Recommenda- tions.>>  
                                if applicable, recommend that the 
                                research proposal be submitted to 
                                another research program and provide 
                                guidance and direction to the eligible 
                                entity and the proposed research program 
                                office; and
                          (ii) <<NOTE: Notification.>> if the research 
                      proposal is selected, notifies the eligible entity 
                      that the research proposal has been selected for 
                      funding.
            (5) Federal share.--
                    (A) In general.--The Federal share of the cost of an 
                activity carried out under this subsection shall not 
                exceed 80 percent.
                    (B) Non-federal share.--All costs directly incurred 
                by the non-Federal partners, including personnel, 
                travel, facility, and hardware development costs, shall 
                be credited toward the non-Federal share of the cost of 
                an activity carried out under this subsection.

    (f) Conforming Amendment.--Section 167 of title 23, United States 
Code, is amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsections (i) through (l) as 
        subsections (h) through (k), respectively.
SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.

    (a) Surface Transportation Workforce Development, Training, and 
Education.--Section 504(e) of title 23, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (D) through (G) 
                as subparagraphs (E), (F), (H), and (I), respectively;
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) pre-apprenticeships, apprenticeships, and 
                career opportunities for on-the-job training;'';
                    (C) in subparagraph (E) (as so redesignated), by 
                striking ``or community college'' and inserting ``, 
                college, community college, or vocational school''; and

[[Page 135 STAT. 640]]

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

    (b) Transportation Education and Training Development and Deployment 
Program.--Section 504(f) of title 23, United States Code, is amended--
            (1) in the subsection heading, by striking ``Development'' 
        and inserting ``and Training Development and Deployment'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) <<NOTE: Grants.>>  Establishment.--The Secretary shall 
        establish a program to make grants to educational institutions 
        or State departments of transportation, in partnership with 
        industry and relevant Federal departments and agencies--
                    ``(A) to develop, test, and review new curricula and 
                education programs to train individuals at all levels of 
                the transportation workforce; or
                    ``(B) to implement the new curricula and education 
                programs to provide for hands-on career opportunities to 
                meet current and future needs.'';
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``shall'' and inserting ``may'';
                    (B) in subparagraph (A), by inserting ``current or 
                future'' after ``specific''; and
                    (C) in subparagraph (E)--
                          (i) by striking ``in nontraditional 
                      departments'';
                          (ii) by inserting ``construction,'' after 
                      ``such as''; and
                          (iii) by inserting ``or emerging'' after 
                      ``industrial'';
            (4) by redesignating paragraph (3) as paragraph (4); and
            (5) by inserting after paragraph (2) the following:
            ``(3) Reporting.--The Secretary shall establish minimum 
        reporting requirements for grant recipients under this 
        subsection, which may include, with respect to a program carried 
        out with a grant under this subsection--

[[Page 135 STAT. 641]]

                    ``(A) the percentage or number of program 
                participants that are employed during the second quarter 
                after exiting the program;
                    ``(B) the percentage or number of program 
                participants that are employed during the fourth quarter 
                after exiting the program;
                    ``(C) the median earnings of program participants 
                that are employed during the second quarter after 
                exiting the program;
                    ``(D) the percentage or number of program 
                participants that obtain a recognized postsecondary 
                credential or a secondary school diploma (or a 
                recognized equivalent) during participation in the 
                program or by not later than 1 year after exiting the 
                program; and
                    ``(E) the percentage or number of program 
                participants that, during a program year--
                          ``(i) are in an education or training program 
                      that leads to a recognized postsecondary 
                      credential or employment; and
                          ``(ii) are achieving measurable skill gains 
                      toward such a credential or employment.''.

    (c) Use of Funds.--Section 504 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(i) Use of Funds.--The Secretary may use funds made available to 
carry out this section to carry out activities related to workforce 
development and technical assistance and training if--
            ``(1) the activities are authorized by another provision of 
        this title; and
            ``(2) the activities are for entities other than employees 
        of the Secretary, such as States, units of local government, 
        Federal land management agencies, and Tribal governments.''.
SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.

    (a) General Authorities and Requirements Regarding Wildlife and 
Habitat.--Section 515(h)(2) of title 23, United States Code, is 
amended--
            (1) in subparagraph (K), by striking ``and'' at the end;
            (2) by redesignating subparagraphs (D), (E), (F), (G), (H), 
        (I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I), 
        (K), (L), (M), and (O), respectively;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) a representative from a State, local, or 
                regional wildlife, land use, or resource management 
                agency;'';
            (4) by inserting after subparagraph (I) (as so redesignated) 
        the following:
                    ``(J) an academic researcher who is a biological or 
                ecological scientist with expertise in transportation 
                issues;''; and
            (5) by inserting after subparagraph (M) (as so redesignated) 
        the following:
                    ``(N) a representative from a public interest group 
                concerned with the impact of the transportation system 
                on terrestrial and aquatic species and the habitat of 
                those species; and''.

    (b) Animal Detection Systems Research and Development.--Section 
516(b)(6) of title 23, United States Code, is amended

[[Page 135 STAT. 642]]

by inserting ``, including animal detection systems to reduce the number 
of wildlife-vehicle collisions'' after ``systems''.
SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF 
                            EXCELLENCE.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 520. <<NOTE: 23 USC 520.>>  Transportation Resilience and 
                Adaptation Centers of Excellence

    ``(a) Definition of Center of Excellence.--In this section, the term 
`Center of Excellence' means a Center of Excellence for Resilience and 
Adaptation designated under subsection (b).
    ``(b) <<NOTE: Grants.>>  Designation.--The Secretary shall designate 
10 regional Centers of Excellence for Resilience and Adaptation and 1 
national Center of Excellence for Resilience and Adaptation, which shall 
serve as a coordinator for the regional Centers, to receive grants to 
advance research and development that improves the resilience of regions 
of the United States to natural disasters and extreme weather by 
promoting the resilience of surface transportation infrastructure and 
infrastructure dependent on surface transportation.

    ``(c) Eligibility.--An entity eligible to be designated as a Center 
of Excellence is--
            ``(1) an institution of higher education (as defined in 
        section 102 of the Higher Education Act of 1965 (20 U.S.C. 
        1002)); or
            ``(2) a consortium of nonprofit organizations led by an 
        institution of higher education.

    ``(d) <<NOTE: Proposal.>> Application.--To be eligible to be 
designated as a Center of Excellence, an eligible entity shall submit to 
the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require, including a 
proposal that includes a description of the activities to be carried out 
with a grant under this section.

    ``(e) Selection.--
            ``(1) Regional centers of excellence.--The Secretary shall 
        designate 1 regional Center of Excellence in each of the 10 
        Federal regions that comprise the Standard Federal Regions 
        established by the Office of Management and Budget in the 
        document entitled `Standard Federal Regions' and dated April 
        1974 (circular A-105).
            ``(2) National center of excellence.--The Secretary shall 
        designate 1 national Center of Excellence to coordinate the 
        activities of all 10 regional Centers of Excellence to minimize 
        duplication and promote coordination and dissemination of 
        research among the Centers.
            ``(3) Criteria.--In selecting eligible entities to designate 
        as a Center of Excellence, the Secretary shall consider--
                    ``(A) the past experience and performance of the 
                eligible entity in carrying out activities described in 
                subsection (g);
                    ``(B) the merits of the proposal of an eligible 
                entity and the extent to which the proposal would--
                          ``(i) advance the state of practice in 
                      resilience planning and identify innovative 
                      resilience solutions for transportation assets and 
                      systems;

[[Page 135 STAT. 643]]

                          ``(ii) support activities carried out under 
                      the PROTECT program under section 176;
                          ``(iii) support and build on work being 
                      carried out by another Federal agency relating to 
                      resilience;
                          ``(iv) inform transportation decisionmaking at 
                      all levels of government;
                          ``(v) engage local, regional, Tribal, State, 
                      and national stakeholders, including, if 
                      applicable, stakeholders representing 
                      transportation, transit, urban, and land use 
                      planning, natural resources, environmental 
                      protection, hazard mitigation, and emergency 
                      management; and
                          ``(vi) engage community groups and other 
                      stakeholders that will be affected by 
                      transportation decisions, including underserved, 
                      economically disadvantaged, rural, and 
                      predominantly minority communities; and
                    ``(C) the local, regional, Tribal, State, and 
                national impacts of the proposal of the eligible entity.

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

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

[[Page 135 STAT. 644]]

                current conditions and a range of potential future 
                conditions;
            ``(7) workforce development and training;
            ``(8) <<NOTE: Assessments.>> development and dissemination 
        of data, tools, techniques, assessments, and information that 
        informs Federal, State, Tribal, and local government 
        decisionmaking, policies, planning, and investments;
            ``(9) education and outreach regarding transportation 
        infrastructure resilience; and
            ``(10) technology transfer and commercialization.

    ``(h) Federal Share.--The Federal share of the cost of an activity 
under this section, including the costs of establishing and operating a 
Center of Excellence, shall be 50 percent.''.
    (b) Clerical Amendment.--The analysis for chapter 5 of title 23, 
United States Code, <<NOTE: 23 USC 501 prec.>>  is amended by adding at 
the end the following:

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

SEC. 13010. <<NOTE: 23 USC 134 note.>>  TRANSPORTATION ACCESS 
                            PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given the 
        term in section 134(b) of title 23, United States Code.
            (2) State.--The term ``State'' has the meaning given the 
        term in section 101(a) of title 23, United States Code.
            (3) Surface transportation modes.--The term ``surface 
        transportation modes'' means--
                    (A) driving;
                    (B) public transportation;
                    (C) walking;
                    (D) cycling; and
                    (E) a combination of any of the modes of 
                transportation described in subparagraphs (A) through 
                (D).
            (4) Pilot program.--The term ``pilot program'' means the 
        transportation pilot program established under subsection (b).
            (5) Regional transportation planning organization.--The term 
        ``regional transportation planning organization'' has the 
        meaning given the term in section 134(b) of title 23, United 
        States Code.

    (b) <<NOTE: Deadline.>>  Establishment.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall establish a 
transportation pilot program.

    (c) <<NOTE: Contracts. Data.>> Purpose.--The purpose of the pilot 
program is to develop or procure an accessibility data set and make that 
data set available to each eligible entity selected to participate in 
the pilot program--
            (1) to improve the transportation planning of those eligible 
        entities by--
                    (A) measuring the level of access by surface 
                transportation modes to important destinations, which 
                may include--
                          (i) jobs;
                          (ii) health care facilities;
                          (iii) child care services;
                          (iv) educational and workforce training 
                      facilities;
                          (v) housing;
                          (vi) food sources;

[[Page 135 STAT. 645]]

                          (vii) points within the supply chain for 
                      freight commodities;
                          (viii) domestic or international markets; and
                          (ix) connections between surface 
                      transportation modes; and
                    (B) disaggregating the level of access by surface 
                transportation modes by a variety of--
                          (i) population categories, which may include--
                                    (I) low-income populations;
                                    (II) minority populations;
                                    (III) age;
                                    (IV) disability; and
                                    (V) geographical location; or
                          (ii) freight commodities, which may include--
                                    (I) agricultural commodities;
                                    (II) raw materials;
                                    (III) finished products; and
                                    (IV) energy commodities; and
            (2) to assess the change in accessibility that would result 
        from new transportation investments.

    (d) Eligible Entities.--An entity eligible to participate in the 
pilot program is--
            (1) a State;
            (2) a metropolitan planning organization; or
            (3) a regional transportation planning organization.

    (e) Application.--To be eligible to participate in the pilot 
program, an eligible entity shall submit to the Secretary an application 
at such time, in such manner, and containing such information as the 
Secretary may require, including information relating to--
            (1) previous experience of the eligible entity measuring 
        transportation access or other performance management 
        experience, if applicable;
            (2) the types of important destinations to which the 
        eligible entity intends to measure access;
            (3) the types of data disaggregation the eligible entity 
        intends to pursue;
            (4) a general description of the methodology the eligible 
        entity intends to apply; and
            (5) if the applicant does not intend the pilot program to 
        apply to the full area under the jurisdiction of the applicant, 
        a description of the geographic area in which the applicant 
        intends the pilot program to apply.

    (f) Selection.--
            (1) In general.--The Secretary shall seek to achieve 
        diversity of participants in the pilot program by selecting a 
        range of eligible entities that shall include--
                    (A) States;
                    (B) metropolitan planning organizations that serve 
                an area with a population of 200,000 people or fewer;
                    (C) metropolitan planning organizations that serve 
                an area with a population of over 200,000 people; and
                    (D) regional transportation planning organizations.
            (2) Inclusions.--The Secretary shall seek to ensure that, 
        among the eligible entities selected under paragraph (1), there 
        is--
                    (A) a range of capacity and previous experience with 
                measuring transportation access; and

[[Page 135 STAT. 646]]

                    (B) a variety of proposed methodologies and focus 
                areas for measuring level of access.

    (g) Duties.--For each eligible entity participating in the pilot 
program, the Secretary shall--
            (1) develop or acquire an accessibility data set described 
        in subsection (c); and
            (2) submit the data set to the eligible entity.

    (h) Methodology.--In calculating the measures for the data set under 
the pilot program, the Secretary shall ensure that methodology is open 
source.
    (i) Availability.--The Secretary shall make an accessibility data 
set under the pilot program available to--
            (1) units of local government within the jurisdiction of the 
        eligible entity participating in the pilot program; and
            (2) researchers.

    (j) Report.--Not later than 2 years after the date of enactment of 
this Act, and every 2 years thereafter, the Secretary shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the results of the pilot program, including 
the feasibility of developing and providing periodic accessibility data 
sets for all States, regions, and localities.
    (k) Transportation System Access.--
            (1) In general.--The Secretary shall establish consistent 
        measures that States, metropolitan planning organizations, and 
        regional transportation planning organizations may choose to 
        adopt to assess the level of safe and convenient access by 
        surface transportation modes to important destinations as 
        described in subsection (c)(1)(A).
            (2) Savings provision.--Nothing in this section provides the 
        Secretary the authority--
                    (A) to establish a performance measure or require 
                States or metropolitan planning organizations to set a 
                performance target for access as described in paragraph 
                (1); or
                    (B) to establish any other Federal requirement.

    (l) Funding.--The Secretary shall carry out the pilot program using 
amounts made available to the Secretary for administrative expenses to 
carry out programs under the authority of the Secretary.
    (m) Sunset.--The pilot program shall terminate on the date that is 8 
years after the date on which the pilot program is implemented.

                        TITLE IV--INDIAN AFFAIRS

SEC. 14001. <<NOTE: 23 USC 202 note.>>  DEFINITION OF SECRETARY.

    In this title, the term ``Secretary'' means the Secretary of the 
Interior.
SEC. 14002. <<NOTE: 23 USC 202 note.>>  ENVIRONMENTAL REVIEWS FOR 
                            CERTAIN TRIBAL TRANSPORTATION 
                            FACILITIES.

    (a) Definition of Tribal Transportation Safety Project.--
            (1) In general.--In this section, the term ``tribal 
        transportation safety project'' means a project described in 
        paragraph (2) that is eligible for funding under section 202 of 
        title 23, United States Code.

[[Page 135 STAT. 647]]

            (2) Project described.--A project described in this 
        paragraph is a project that corrects or improves a hazardous 
        road location or feature or addresses a highway safety problem 
        through 1 or more of the activities described in any of the 
        clauses under section 148(a)(4)(B) of title 23, United States 
        Code.

    (b) Reviews of Tribal Transportation Safety Projects.--
            (1) In general.--The Secretary or the Secretary of 
        Transportation, as applicable, or the head of another Federal 
        agency responsible for a decision related to a tribal 
        transportation safety project shall complete any approval or 
        decision for the review of the tribal transportation safety 
        project required under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal 
        law on an expeditious basis using the shortest existing 
        applicable process.
            (2) <<NOTE: Deadline.>>  Review of applications.--Not later 
        than 45 days after the date of receipt of a complete application 
        by an Indian tribe for approval of a tribal transportation 
        safety project, the Secretary or the Secretary of 
        Transportation, as applicable, shall--
                    (A) take final action on the application; or
                    (B) <<NOTE: Schedule.>> provide the Indian tribe a 
                schedule for completion of the review described in 
                paragraph (1), including the identification of any other 
                Federal agency that has jurisdiction with respect to the 
                project.
            (3) <<NOTE: Deadline.>> Decisions under other federal 
        laws.--In any case in which a decision under any other Federal 
        law relating to a tribal transportation safety project 
        (including the issuance or denial of a permit or license) is 
        required, not later than 45 days after the Secretary or the 
        Secretary of Transportation, as applicable, has made all 
        decisions of the lead agency under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the 
        project, the head of the Federal agency responsible for the 
        decision shall--
                    (A) make the applicable decision; or
                    (B) <<NOTE: Schedule.>>  provide the Indian tribe a 
                schedule for making the decision.
            (4) <<NOTE: Time period. Notice.>> Extensions.--The 
        Secretary or the Secretary of Transportation, as applicable, or 
        the head of the Federal agency may extend the period under 
        paragraph (2) or (3), as applicable, by an additional 30 days by 
        providing the Indian tribe notice of the extension, including a 
        statement of the need for the extension.
            (5) Notification and explanation.--In any case in which a 
        required action is not completed by the deadline under paragraph 
        (2), (3), or (4), as applicable, the Secretary, the Secretary of 
        Transportation, or the head of a Federal agency, as applicable, 
        shall--
                    (A) notify the Committees on Indian Affairs and 
                Environment and Public Works of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives of the failure to comply with the 
                deadline; and
                    (B) provide to the Committees described in 
                subparagraph (A) a detailed explanation of the reasons 
                for the failure to comply with the deadline.

[[Page 135 STAT. 648]]

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

    (a) <<NOTE: Procedures. Reviews.>> In General.--The Secretary and 
the Secretary of Transportation shall enter into programmatic agreements 
with Indian tribes that establish efficient administrative procedures 
for carrying out environmental reviews for projects eligible for 
assistance under section 202 of title 23, United States Code.

    (b) Inclusions.--A programmatic agreement under subsection (a)--
            (1) <<NOTE: Determination.>>  may include an agreement that 
        allows an Indian tribe to determine, on behalf of the Secretary 
        and the Secretary of Transportation, whether a project is 
        categorically excluded from the preparation of an environmental 
        assessment or environmental impact statement under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
            (2) shall--
                    (A) <<NOTE: Requirements.>>  require that the Indian 
                tribe maintain adequate capability in terms of personnel 
                and other resources to carry out applicable agency 
                responsibilities pursuant to section 1507.2 of title 40, 
                Code of Federal Regulations (or successor regulations);
                    (B) <<NOTE: Determinations.>> set forth the 
                responsibilities of the Indian tribe for making 
                categorical exclusion determinations, documenting the 
                determinations, and achieving acceptable quality control 
                and quality assurance;
                    (C) allow--
                          (i) the Secretary and the Secretary of 
                      Transportation to monitor compliance of the Indian 
                      tribe with the terms of the agreement; and
                          (ii) the Indian tribe to execute any needed 
                      corrective action;
                    (D) contain stipulations for amendments, 
                termination, and public availability of the agreement 
                once the agreement has been executed; and
                    (E) <<NOTE: Time period. Review.>> have a term of 
                not more than 5 years, with an option for renewal based 
                on a review by the Secretary and the Secretary of 
                Transportation of the performance of the Indian tribe.
SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.

    Section 202(d) of title 23, United States Code, is amended by 
striking paragraph (2) and inserting the following:
            ``(2) Use of funds.--Funds made available to carry out this 
        subsection shall be used--
                    ``(A) to carry out any planning, design, 
                engineering, preconstruction, construction, and 
                inspection of new or replacement tribal transportation 
                facility bridges;
                    ``(B) to replace, rehabilitate, seismically 
                retrofit, paint, apply calcium magnesium acetate, sodium 
                acetate/formate, or other environmentally acceptable, 
                minimally corrosive anti-icing and deicing composition; 
                or
                    ``(C) to implement any countermeasure for tribal 
                transportation facility bridges classified as in poor 
                condition, having a low load capacity, or needing 
                geometric improvements, including multiple-pipe 
                culverts.''.

[[Page 135 STAT. 649]]

SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.

    There are authorized to be appropriated to the Director of the 
Bureau of Indian Affairs to carry out the road maintenance program of 
the Bureau--
            (1) $50,000,000 for fiscal year 2022;
            (2) $52,000,000 for fiscal year 2023;
            (3) $54,000,000 for fiscal year 2024;
            (4) $56,000,000 for fiscal year 2025; and
            (5) $58,000,000 for fiscal year 2026.
SEC. 14006. <<NOTE: 23 USC 202 note.>>  STUDY OF ROAD MAINTENANCE 
                            ON INDIAN LAND.

    (a) Definitions.--In this section:
            (1) Indian land.--The term ``Indian land'' has the meaning 
        given the term ``Indian lands'' in section 3 of the Native 
        American Business Development, Trade Promotion, and Tourism Act 
        of 2000 (25 U.S.C. 4302).
            (2) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (3) Road.--The term ``road'' means a road managed in whole 
        or in part by the Bureau of Indian Affairs.
            (4) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Assistant Secretary for Indian Affairs.

    (b) <<NOTE: Deadline. Consultation. Evaluation.>>  Study.--Not later 
than 2 years after the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of Transportation, shall carry out a 
study to evaluate--
            (1) the long-term viability and useful life of existing 
        roads on Indian land;
            (2) any steps necessary to achieve the goal of addressing 
        the deferred maintenance backlog of existing roads on Indian 
        land;
            (3) programmatic reforms and performance enhancements 
        necessary to achieve the goal of restructuring and streamlining 
        road maintenance programs on existing or future roads located on 
        Indian land; and
            (4) <<NOTE: Recommenda- tions.>>  recommendations on how to 
        implement efforts to coordinate with States, counties, 
        municipalities, and other units of local government to maintain 
        roads on Indian land.

    (c) Tribal Consultation and Input.--Before beginning the study under 
subsection (b), the Secretary shall--
            (1) consult with any Indian tribes that have jurisdiction 
        over roads eligible for funding under the road maintenance 
        program of the Bureau of Indian Affairs; and
            (2) solicit and consider the input, comments, and 
        recommendations of the Indian tribes described in paragraph (1).

    (d) <<NOTE: Consultation.>> Report.--On completion of the study 
under subsection (b), the Secretary, in consultation with the Secretary 
of Transportation, shall submit to the Committees on Indian Affairs and 
Environment and Public Works of the Senate and the Committees on Natural 
Resources and Transportation and Infrastructure of the House of 
Representatives a report on the results and findings of the study.

    (e) <<NOTE: Consultation.>> Status Report.--Not later than 2 years 
after the date of enactment of this Act, and not less frequently than 
every 2 years thereafter, the Secretary, in consultation with the 
Secretary of Transportation, shall submit to the Committees on Indian 
Affairs

[[Page 135 STAT. 650]]

and Environment and Public Works of the Senate and the Committees on 
Natural Resources and Transportation and Infrastructure of the House of 
Representatives a report that includes a description of--
            (1) the progress made toward addressing the deferred 
        maintenance needs of the roads on Indian land, including a list 
        of projects funded during the fiscal period covered by the 
        report;
            (2) the outstanding needs of the roads that have been 
        provided funding to address the deferred maintenance needs;
            (3) the remaining needs of any of the projects referred to 
        in paragraph (1);
            (4) how the goals described in subsection (b) have been met, 
        including--
                    (A) <<NOTE: Assessment.>>  an identification and 
                assessment of any deficiencies or shortfalls in meeting 
                the goals; and
                    (B) <<NOTE: Plan.>>  a plan to address the 
                deficiencies or shortfalls in meeting the goals; and
            (5) <<NOTE: Recommenda- tions. Determination.>> any other 
        issues or recommendations provided by an Indian tribe under the 
        consultation and input process under subsection (c) that the 
        Secretary determines to be appropriate.
SEC. 14007. <<NOTE: Transfer authority. 23 USC 202 note.>>  
                            MAINTENANCE OF CERTAIN INDIAN 
                            RESERVATION ROADS.

    The Commissioner of U.S. Customs and Border Protection may transfer 
funds to the Director of the Bureau of Indian Affairs to maintain, 
repair, or reconstruct roads under the jurisdiction of the Director, 
subject to the condition that the Commissioner and the Director shall 
mutually agree that the primary user of the subject road is U.S. Customs 
and Border Protection.
SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS.

    (a) <<NOTE: 23 USC 202 note.>>  Definitions.--In this section:
            (1) Alaska native.--The term ``Alaska Native'' has the 
        meaning given the term ``Native'' in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602).
            (2) Alaska native village.--The term ``Alaska Native 
        village'' has the meaning given the term ``Native village'' in 
        section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602).
            (3) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).

    (b) Best Practices, Standardized Crash Report Form.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary of Transportation, in consultation with the Secretary, 
        Indian tribes, Alaska Native villages, and State departments of 
        transportation shall develop--
                    (A) best practices for the compiling, analysis, and 
                sharing of motor vehicle crash data for crashes 
                occurring on Indian reservations and in Alaska Native 
                communities; and
                    (B) a standardized form for use by Indian tribes and 
                Alaska Native communities to carry out those best 
                practices.
            (2) Purpose.--The purpose of the best practices and 
        standardized form developed under paragraph (1) shall be to 
        improve the quality and quantity of crash data available to

[[Page 135 STAT. 651]]

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

    (c) <<NOTE: Requirements.>> Use of IMARS.--The Director of the 
Bureau of Indian Affairs shall require all law enforcement offices of 
the Bureau, for the purpose of reporting motor vehicle crash data for 
crashes occurring on Indian reservations and in Alaska Native 
communities--
            (1) to use the crash report form of the applicable State; 
        and
            (2) to upload the information on that form to the Incident 
        Management Analysis and Reporting System (IMARS) of the 
        Department of the Interior.

    (d) Tribal Transportation Program Safety Funding.--Section 202(e)(1) 
of title 23, United States Code, is amended by striking ``2 percent'' 
and inserting ``4 percent''.
SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.

    Section 102 of title 49, United States Code, is amended--
            (1) in subsection (e)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``6 Assistant'' and inserting ``7 Assistant'';
                    (B) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                    (C) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) an Assistant Secretary for Tribal Government 
                Affairs, who shall be appointed by the President; and''; 
                and
            (2) in subsection (f), by striking the subsection 
        designation and heading and all that follows through the end of 
        paragraph (1) and inserting the following:

    ``(f) Office of Tribal Government Affairs.--
            ``(1) Establishment.--There is established in the Department 
        an Office of Tribal Government Affairs, under the Assistant 
        Secretary for Tribal Government Affairs--
                    ``(A) to oversee the tribal self-governance program 
                under section 207 of title 23;
                    ``(B) to plan, coordinate, and implement policies 
                and programs serving Indian Tribes and Tribal 
                organizations;
                    ``(C) to coordinate Tribal transportation programs 
                and activities in all offices and administrations of the 
                Department; and
                    ``(D) to be a participant in any negotiated 
                rulemakings relating to, or having an impact on, 
                projects, programs, or funding associated with the 
                Tribal transportation program under section 202 of title 
                23.''.

[[Page 135 STAT. 652]]

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

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

    In this division:
            (1) Department.--The term ``Department'' means the 
        Department of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

             TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION

                  Subtitle A--Multimodal Freight Policy

SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND 
                            POLICY.

    (a) In General.--Chapter 1 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 118. <<NOTE: 49 USC 118.>>  Office of Multimodal Freight 
                Infrastructure and Policy

    ``(a) Definitions.--In this section:
            ``(1) Department.--The term `Department' means the 
        Department of Transportation.
            ``(2) Freight office.--The term `Freight Office' means the 
        Office of Multimodal Freight Infrastructure and Policy 
        established under subsection (b).
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.

    ``(b) Establishment.--The Secretary shall establish within the 
Department an Office of Multimodal Freight Infrastructure and Policy.
    ``(c) Purposes.--The purposes of the Freight Office shall be--
            ``(1) to carry out the national multimodal freight policy 
        described in section 70101;
            ``(2) to administer and oversee certain multimodal freight 
        grant programs within the Department in accordance with 
        subsection (d);
            ``(3) to promote and facilitate the sharing of information 
        between the private and public sectors with respect to freight 
        issues;
            ``(4) to conduct research on improving multimodal freight 
        mobility, and to oversee the freight research activities of the 
        various agencies within the Department;
            ``(5) to assist cities and States in developing freight 
        mobility and supply chain expertise;
            ``(6) to liaise and coordinate with other Federal 
        departments and agencies; and

[[Page 135 STAT. 653]]

            ``(7) to carry out other duties, as prescribed by the 
        Secretary.

    ``(d) Administration of Policies and Programs.--The Freight Office 
shall--
            ``(1) develop and manage--
                    ``(A) the national freight strategic plan described 
                in section 70102; and
                    ``(B) the National Multimodal Freight Network 
                established under section 70103;
            ``(2)(A) oversee the development and updating of the State 
        freight plans described in section 70202; and
            ``(B) provide guidance or best practices relating to the 
        development and updating of State freight plans under that 
        section;
            ``(3)(A) administer multimodal freight grant programs, 
        including multimodal freight grants established under section 
        117 of title 23; and
            ``(B) <<NOTE: Procedures.>>  establish procedures for 
        analyzing and evaluating applications for grants under those 
        programs;
            ``(4) assist States in the establishment of--
                    ``(A) State freight advisory committees under 
                section 70201; and
                    ``(B) multi-State freight mobility compacts under 
                section 70204; and
            ``(5) provide to the Bureau of Transportation Statistics 
        input regarding freight data and planning tools.

    ``(e) Assistant Secretary.--
            ``(1) In general.--The Freight Office shall be headed by an 
        Assistant Secretary for Multimodal Freight, who shall--
                    ``(A) <<NOTE: Appointment. President.>>  be 
                appointed by the President, by and with the advice and 
                consent of the Senate; and
                    ``(B) have professional standing and demonstrated 
                knowledge in the field of freight transportation.
            ``(2) Duties.--The Assistant Secretary shall--
                    ``(A) report to the Under Secretary of 
                Transportation for Policy;
                    ``(B) be responsible for the management and 
                oversight of the activities, decisions, operations, and 
                personnel of the Freight Office;
                    ``(C) work with the modal administrations of the 
                Department to encourage multimodal collaboration; and
                    ``(D) carry out such additional duties as the 
                Secretary may prescribe.

    ``(f) <<NOTE: Determinations.>>  Consolidation and Elimination of 
Duplicative Offices.--
            ``(1) Consolidation of offices and office functions.--The 
        Secretary may consolidate into the Freight Office any office or 
        office function within the Department that the Secretary 
        determines has duties, responsibilities, resources, or expertise 
        that support the purposes of the Freight Office.
            ``(2) Elimination of offices.--The Secretary may eliminate 
        any office within the Department if the Secretary determines 
        that--
                    ``(A) the purposes of the office are duplicative of 
                the purposes of the Freight Office;

[[Page 135 STAT. 654]]

                    ``(B) the office or the functions of the office have 
                been substantially consolidated with the Freight Office 
                pursuant to paragraph (1);
                    ``(C) the elimination of the office will not 
                adversely affect the requirements of the Secretary under 
                any Federal law; and
                    ``(D) the elimination of the office will improve the 
                efficiency and effectiveness of the programs and 
                functions conducted by the office.

    ``(g) Staffing and Budgetary Resources.--
            ``(1) In general.--The Secretary shall ensure that the 
        Freight Office is adequately staffed and funded.
            ``(2) Staffing.--
                    ``(A) <<NOTE: Determination.>>  Transfer of 
                positions to freight office.--Subject to subparagraph 
                (B), the Secretary may transfer to the Freight Office 
                any position within any other office of the Department 
                if the Secretary determines that the position is 
                necessary to carry out the purposes of the Freight 
                Office.
                    ``(B) <<NOTE: Coordination.>>  Requirement.--If the 
                Secretary transfers a position to the Freight Office 
                pursuant to subparagraph (A), the Secretary, in 
                coordination with the appropriate modal administration 
                of the Department, shall ensure that the transfer of the 
                position does not adversely affect the requirements of 
                the modal administration under any Federal law.
            ``(3) Budgetary resources.--
                    ``(A) Transfer of funds from consolidated or 
                eliminated offices.--
                          ``(i) In general.--To carry out the purposes 
                      of the Freight Office, the Secretary may transfer 
                      to the Freight Office from any office or office 
                      function that is consolidated or eliminated under 
                      subsection (f) any funds allocated for the 
                      consolidated or eliminated office or office 
                      function.
                          ``(ii) Retransfer.--Any portion of any funds 
                      or limitations of obligations transferred to the 
                      Freight Office pursuant to clause (i) may be 
                      transferred back to, and merged with, the original 
                      account.
                    ``(B) Transfer of funds allocated for administrative 
                costs.--
                          ``(i) In general.--The Secretary may transfer 
                      to the Freight Office any funds allocated for the 
                      administrative costs of the programs referred to 
                      in subsection (d)(3).
                          ``(ii) Retransfer.--Any portion of any funds 
                      or limitations of obligations transferred to the 
                      Freight Office pursuant to clause (i) may be 
                      transferred back to, and merged with, the original 
                      account.

    ``(h) Website.--
            ``(1) <<NOTE: Public information.>>  Description of freight 
        office.--The Secretary shall make publicly available on the 
        website of the Department a description of the Freight Office, 
        including a description of--
                    ``(A) the programs managed or made available by the 
                Freight Office; and
                    ``(B) <<NOTE: Requirements.>> the eligibility 
                requirements for those programs.

[[Page 135 STAT. 655]]

            ``(2) Clearinghouse.--The Secretary may establish a 
        clearinghouse for tools, templates, guidance, and best practices 
        on a page of the website of the Department that supports the 
        purposes of this section.

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

    ``(j) Savings Provisions.--
            ``(1) Effect on other law.--Except as otherwise provided in 
        this section, nothing in this section alters or affects any law 
        (including regulations) with respect to a program referred to in 
        subsection (d).
            ``(2) Effect on responsibilities of other agencies.--Except 
        as otherwise provided in this section, nothing in this section 
        abrogates the responsibilities of any agency, operating 
        administration, or office within the Department that is 
        otherwise charged by law (including regulations) with any aspect 
        of program administration, oversight, or project approval or 
        implementation with respect to a program or project subject to 
        the responsibilities of the Freight Office under this section.
            ``(3) Effect on pending applications.--Nothing in this 
        section affects any pending application under a program referred 
        to in subsection (d) that was received by the Secretary

[[Page 135 STAT. 656]]

        on or before the date of enactment of the Surface Transportation 
        Investment Act of 2021.

    ``(k) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary such sums as are necessary to carry out this 
        section.
            ``(2) Certain activities.--Authorizations under subsections 
        (f) and (g) are subject to appropriations.''.

    (b) GAO Review.--The Comptroller General of the United States 
shall--
            (1) conduct a review of the activities carried out by the 
        Secretary pursuant to section 118 of title 49, United States 
        Code; and
            (2) <<NOTE: Recommenda- tions.>>  develop recommendations 
        regarding additional activities--
                    (A) to improve the consolidation of duplicative 
                functions within the Department; and
                    (B) to promote increased staff efficiency for 
                program management within the Department.

    (c) Clerical Amendment.--The analysis for chapter 1 of title 49, 
United States Code, <<NOTE: 49 USC 101 prec.>>  is amended by inserting 
after the item relating to section 117 the following:

``118. Office of Multimodal Freight Infrastructure and Policy.''.

    (d) Conforming Amendments.--
            (1) Section 70101(c) of title 49, United States Code, is 
        amended, in the matter preceding paragraph (1), by striking 
        ``Under Secretary of Transportation for Policy'' and inserting 
        ``Assistant Secretary for Multimodal Freight''.
            (2) Section 70102 of title 49, United States Code, is 
        amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``Not later'' and all that 
                follows through ``the Under Secretary of Transportation 
                for Policy'' and inserting ``The Assistant Secretary for 
                Multimodal Freight (referred to in this section as the 
                `Assistant Secretary')'';
                    (B) in subsection (b)(4), in the matter preceding 
                subparagraph (A), by striking ``Under Secretary'' and 
                inserting ``Assistant Secretary'';
                    (C) in subsection (c), by striking ``Under 
                Secretary'' and inserting ``Assistant Secretary''; and
                    (D) in subsection (d), in the matter preceding 
                paragraph (1), by striking ``Under Secretary'' and 
                inserting ``Assistant Secretary''.
            (3) Section 70103 of title 49, United States Code, is 
        amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``Under Secretary of 
                Transportation for Policy'' and inserting ``Assistant 
                Secretary for Multimodal Freight (referred to in this 
                section as the `Assistant Secretary')'';
                    (B) by striking subsection (b);
                    (C) by redesignating subsections (c) and (d) as 
                subsections (b) and (c), respectively;
                    (D) in subsection (b) (as so redesignated)--
                          (i) in the subsection heading, by striking 
                      ``Final Network'' and inserting ``Designation of 
                      National Multimodal Freight Network'';

[[Page 135 STAT. 657]]

                          (ii) in paragraph (1), in the matter preceding 
                      subparagraph (A), by striking ``Not later'' and 
                      all that follows through ``Under Secretary'' and 
                      inserting ``The Assistant Secretary'';
                          (iii) in paragraph (2), in the matter 
                      preceding subparagraph (A), by striking ``Under 
                      Secretary'' and inserting ``Assistant Secretary''; 
                      and
                          (iv) in paragraph (3), in the matter preceding 
                      subparagraph (A), by striking ``Under Secretary'' 
                      and inserting ``Assistant Secretary''; and
                    (E) in subsection (c) (as so redesignated)--
                          (i) by striking ``subsection (c)'' each place 
                      it appears and inserting ``subsection (b)''; and
                          (ii) by striking ``Under Secretary'' and 
                      inserting ``Assistant Secretary''.
            (4) Section 116(d)(1) of title 49, United States Code, is 
        amended by striking subparagraph (D).
SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.

    Section 70102(b) of title 49, United States Code, is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end and 
        inserting a semicolon; and
            (3) <<NOTE: Strategies.>> by adding at the end the 
        following:
            ``(12) best practices for reducing environmental impacts of 
        freight movement (including reducing local air pollution from 
        freight movement, stormwater runoff, and wildlife habitat loss 
        resulting from freight facilities, freight vehicles, or freight 
        activity);
            ``(13) possible strategies to increase the resilience of the 
        freight system, including the ability to anticipate, prepare 
        for, or adapt to conditions, or withstand, respond to, or 
        recover rapidly from disruptions, including extreme weather and 
        natural disasters;
            ``(14) strategies to promote United States economic growth 
        and international competitiveness;
            ``(15) consideration of any potential unique impacts of the 
        national freight system on rural and other underserved and 
        historically disadvantaged communities;
            ``(16) strategies for decarbonizing freight movement, as 
        appropriate; and
            ``(17) consideration of the impacts of e-commerce on the 
        national multimodal freight system.''.
SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL FREIGHT 
                            NETWORK.

    Subsection (b) of section 70103 of title 49, United States Code (as 
redesignated by section 21101(d)(3)(C)), is amended--
            (1) in paragraph (3), by striking subparagraph (C) and 
        inserting the following:
                    ``(C) provide to the States an opportunity to submit 
                proposed designations from the States in accordance with 
                paragraph (4).''; and
            (2) in paragraph (4)--
                    (A) in subparagraph (C)(i), by striking ``20 
                percent'' and inserting ``30 percent''; and
                    (B) by adding at the end the following:

[[Page 135 STAT. 658]]

                    ``(E) <<NOTE: Determination.>>  Condition for 
                acceptance.--The Secretary shall accept from a State a 
                designation under subparagraph (D) only if the Secretary 
                determines that the designation meets the applicable 
                requirements of subparagraph (A).''.
SEC. 21104. IMPROVING STATE FREIGHT PLANS.

    (a) In General.--Section 70202 of title 49, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (9), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (10) as paragraph 
                (17); and
                    (C) by inserting after paragraph (9) the following:
            ``(10) <<NOTE: Assessment.>>  the most recent commercial 
        motor vehicle parking facilities assessment conducted by the 
        State under subsection (f);
            ``(11) the most recent supply chain cargo flows in the 
        State, expressed by mode of transportation;
            ``(12) <<NOTE: Inventory.>> an inventory of commercial ports 
        in the State;
            ``(13) <<NOTE: Recommenda- tions.>> if applicable, 
        consideration of the findings or recommendations made by any 
        multi-State freight compact to which the State is a party under 
        section 70204;
            ``(14) the impacts of e-commerce on freight infrastructure 
        in the State;
            ``(15) considerations of military freight;
            ``(16) <<NOTE: Strategies.>> strategies and goals to 
        decrease--
                    ``(A) the severity of impacts of extreme weather and 
                natural disasters on freight mobility;
                    ``(B) the impacts of freight movement on local air 
                pollution;
                    ``(C) the impacts of freight movement on flooding 
                and stormwater runoff; and
                    ``(D) the impacts of freight movement on wildlife 
                habitat loss; and''; and
            (2) by adding at the end the following:

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

    ``(g) <<NOTE: Requirement.>> Priority.--Each State freight plan 
under this section shall include a requirement that the State, in 
carrying out activities under the State freight plan--
            ``(1) enhance reliability or redundancy of freight 
        transportation; or

[[Page 135 STAT. 659]]

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

    ``(h) Approval.--
            ``(1) <<NOTE: Compliance.>> In general.--The Secretary of 
        Transportation shall approve a State freight plan described in 
        subsection (a) if the plan achieves compliance with the 
        requirements of this section.
            ``(2) Savings provision.--Nothing in this subsection 
        establishes new procedural requirements for the approval of a 
        State freight plan described in subsection (a).''.

    (b) Studies.--For the purpose of facilitating the integration of 
intelligent transportation systems into the freight transportation 
network powered by electricity, the Secretary, acting through the 
Assistant Secretary for Multimodal Freight, shall conduct a study 
relating to--
            (1) preparing to supply power to applicable electrical 
        freight infrastructure; and
            (2) safely integrating freight into intelligent 
        transportation systems.

    (c) Alignment of Transportation Planning.--Section 70202 of title 
49, United States Code, is amended--
            (1) in subsection (d), by striking ``5-year'' and inserting 
        ``8-year''; and
            (2) in subsection (e)(1), by striking ``5 years'' and 
        inserting ``4 years''.
SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT NETWORK.

<<NOTE: Reports.>>     Not later than 30 days after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that--
            (1) describes the status of the designation of the final 
        National Multimodal Freight Network required under section 70103 
        of title 49, United States Code;
            (2) explains the reasons why the designation of the network 
        referred to in paragraph (1) has not been finalized, if 
        applicable; and
            (3) <<NOTE: Estimate.>>  estimates the date by which that 
        network will be designated.
SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.

    (a) In General.--Chapter 702 of title 49, United States Code, is 
amended--
            (1) by redesignating section 70204 as section 70206; and
            (2) by inserting after section 70203 the following:
``Sec. 70204. <<NOTE: 49 USC 70204.>>  Multi-State freight 
                    corridor planning

    ``(a) Consent to Multi-State Freight Mobility Compacts.--Congress 
recognizes the right of States, cities, regional planning organizations, 
federally recognized Indian Tribes, and local public authorities 
(including public port authorities) that are regionally linked with an 
interest in a specific nationally or regionally significant multi-State 
freight corridor to enter into multi-State compacts to promote the 
improved mobility of goods, including--
            ``(1) identifying projects along the corridor that benefit 
        multiple States;

[[Page 135 STAT. 660]]

            ``(2) assembling rights-of-way; and
            ``(3) performing capital improvements.

    ``(b) Financing.--A multi-State freight compact established by 
entities under subsection (a) may provide that, in order to carry out 
the compact, the relevant States or other entities may--
            ``(1) accept contributions from a unit of State or local 
        government;
            ``(2) use any Federal or State funds made available for 
        freight mobility infrastructure planning or construction, 
        including applying for grants;
            ``(3) subject to such terms and conditions as the States 
        consider to be advisable--
                    ``(A) borrow money on a short-term basis; and
                    ``(B) issue--
                          ``(i) notes for borrowing under subparagraph 
                      (A); and
                          ``(ii) bonds; and
            ``(4) obtain financing by other means permitted under 
        applicable Federal or State law.

    ``(c) Advisory Committees.--
            ``(1) In general.--A multi-State freight compact under this 
        section may establish a multi-State freight corridor advisory 
        committee, which shall include representatives of State 
        departments of transportation and other public and private 
        sector entities with an interest in freight mobility, such as--
                    ``(A) ports;
                    ``(B) freight railroads;
                    ``(C) shippers;
                    ``(D) carriers;
                    ``(E) freight-related associations;
                    ``(F) third-party logistics providers;
                    ``(G) the freight industry workforce;
                    ``(H) environmental organizations;
                    ``(I) community organizations; and
                    ``(J) units of local government.
            ``(2) Activities.--An advisory committee established under 
        paragraph (1) may--
                    ``(A) advise the parties to the applicable multi-
                State freight compact with respect to freight-related 
                priorities, issues, projects, and funding needs that 
                impact multi-State--
                          ``(i) freight mobility; and
                          ``(ii) supply chains;
                    ``(B) serve as a forum for States, Indian Tribes, 
                and other public entities to discuss decisions affecting 
                freight mobility;
                    ``(C) communicate and coordinate multi-State freight 
                priorities with other organizations;
                    ``(D) promote the sharing of information between the 
                private and public sectors with respect to freight 
                issues; and
                    ``(E) provide information for consideration in the 
                development of State freight plans under section 70202.

    ``(d) Grants.--
            ``(1) Establishment.--The Secretary of Transportation 
        (referred to in this section as the `Secretary') shall establish 
        a program under which the Secretary shall provide grants

[[Page 135 STAT. 661]]

        to multi-State freight compacts, or States seeking to form a 
        multi-State freight compact, that seek to improve a route or 
        corridor that is a part of the National Multimodal Freight 
        Network established under section 70103.
            ``(2) <<NOTE: Time periods.>> New compacts.--
                    ``(A) In general.--To incentivize the establishment 
                of multi-State freight compacts, the Secretary may award 
                a grant for operations costs in an amount of not more 
                than $2,000,000 to--
                          ``(i) a multi-State freight compact 
                      established under subsection (a) during the 2-year 
                      period beginning on the date of establishment of 
                      the multi-State freight compact; or
                          ``(ii) States seeking to form a multi-State 
                      freight compact described in that subsection.
                    ``(B) Eligibility.--
                          ``(i) New multi-state freight compacts.--A 
                      multi-State freight compact shall be eligible for 
                      a grant under this paragraph only during the 
                      initial 2 years of operation of the compact.
                          ``(ii) States seeking to form a compact.--
                      States seeking to form a multi-State freight 
                      compact shall be eligible for a grant under this 
                      paragraph during--
                                    ``(I) the 2-year period beginning on 
                                the date on which an application for a 
                                grant under this paragraph with respect 
                                to the proposed compact is submitted to 
                                the Secretary; or
                                    ``(II) if the compact is formed 
                                before the date on which a grant under 
                                this paragraph is awarded in accordance 
                                with subclause (I), the initial 2 years 
                                of operation of the compact.
                    ``(C) Requirements.--To be eligible to receive a 
                grant under this paragraph, a multi-State freight 
                compact or the applicable States seeking to form a 
                multi-State freight compact shall--
                          ``(i) submit to the Secretary an application 
                      at such time, in such manner, and containing such 
                      information as the Secretary may require;
                          ``(ii) provide a non-Federal match equal to 
                      not less than 25 percent of the operating costs of 
                      the multi-State freight compact; and
                          ``(iii) commit to establishing a multi-State 
                      freight corridor advisory committee under 
                      subsection (c)(1) during the initial 2-year period 
                      of operation of the compact.
            ``(3) Existing compacts.--
                    ``(A) In general.--The Secretary may award a grant 
                to multi-State freight compacts that are not eligible to 
                receive a grant under paragraph (2) for operations costs 
                in an amount of not more than $1,000,000.
                    ``(B) Requirements.--To be eligible to receive a 
                grant under this paragraph, a multi-State freight 
                compact shall--
                          ``(i) submit to the Secretary an application 
                      at such time, in such manner, and containing such 
                      information as the Secretary may require;
                          ``(ii) provide a non-Federal match of not less 
                      than 50 percent of the operating costs of the 
                      compact; and

[[Page 135 STAT. 662]]

                          ``(iii) demonstrate that the compact has 
                      established a multi-State freight corridor 
                      advisory committee under subsection (c)(1).
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary $5,000,000 for each fiscal 
        year to carry out this subsection.''.

    (b) Clerical Amendment.--The analysis for chapter 702 of title 49, 
United States Code, <<NOTE: 49 USC 70201 prec.>>  is amended by striking 
the item relating to section 70204 and inserting the following:

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

SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.

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

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

[[Page 135 STAT. 663]]

                    Subtitle B--Multimodal Investment

SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.

    Subtitle III of title 49, United States Code, <<NOTE: 49 USC 6701 
prec.>>  is amended by adding at the end the following:

           ``CHAPTER 67--MULTIMODAL INFRASTRUCTURE INVESTMENTS

``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.

``Sec. 6701. <<NOTE: Grants. 49 USC 6701.>>  National 
                  infrastructure project assistance

    ``(a) Definitions.--In this section:
            ``(1) Department.--The term `Department' means the 
        Department of Transportation.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State or a group of States;
                    ``(B) a metropolitan planning organization;
                    ``(C) a unit of local government;
                    ``(D) a political subdivision of a State;
                    ``(E) a special purpose district or public authority 
                with a transportation function, including a port 
                authority;
                    ``(F) a Tribal government or a consortium of Tribal 
                governments;
                    ``(G) a partnership between Amtrak and 1 or more 
                entities described in subparagraphs (A) through (F); and
                    ``(H) a group of entities described in any of 
                subparagraphs (A) through (G).
            ``(3) Program.--The term `program' means the program 
        established by subsection (b).
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(5) State.--The term `State' means--
                    ``(A) any of the several States;
                    ``(B) the District of Columbia;
                    ``(C) the Commonwealth of Puerto Rico;
                    ``(D) the Commonwealth of the Northern Mariana 
                Islands;
                    ``(E) the United States Virgin Islands;
                    ``(F) Guam;
                    ``(G) American Samoa; and
                    ``(H) any other territory or possession of the 
                United States.

    ``(b) Establishment.--There is established a program under which the 
Secretary shall provide to eligible entities grants, on a competitive 
basis pursuant to single-year or multiyear grant agreements, for 
projects described in subsection (d).
    ``(c) Applications.--
            ``(1) <<NOTE: Determination.>>  In general.--To be eligible 
        for a grant under the program, an eligible entity shall submit 
        to the Secretary an application at such time, in such manner, 
        and containing such information as the Secretary determines to 
        be appropriate.
            ``(2) Plan for data collection.--An application under 
        paragraph (1) shall include a plan for data collection and 
        analysis described in subsection (g).

[[Page 135 STAT. 664]]

    ``(d) Eligible Projects.--The Secretary may provide a grant under 
the program only for a project--
            ``(1) that is--
                    ``(A) a highway or bridge project carried out on--
                          ``(i) the National Multimodal Freight Network 
                      established under section 70103;
                          ``(ii) the National Highway Freight Network 
                      established under section 167 of title 23; or
                          ``(iii) the National Highway System (as 
                      defined in section 101(a) of title 23);
                    ``(B) a freight intermodal (including public ports) 
                or freight rail project that provides a public benefit;
                    ``(C) a railway-highway grade separation or 
                elimination project;
                    ``(D) an intercity passenger rail project;
                    ``(E) a public transportation project that is--
                          ``(i) eligible for assistance under chapter 
                      53; and
                          ``(ii) part of a project described in any of 
                      subparagraphs (A) through (D); or
                    ``(F) a grouping, combination, or program of 
                interrelated, connected, or dependent projects of any of 
                the projects described in subparagraphs (A) through (E); 
                and
            ``(2) the eligible project costs of which are--
                    ``(A) reasonably anticipated to equal or exceed 
                $500,000,000; or
                    ``(B) for any project funded by the set-aside under 
                subsection (m)(2)--
                          ``(i) more than $100,000,000; but
                          ``(ii) less than $500,000,000.

    ``(e) Geographical Distribution.--In providing grants under this 
section, the Secretary shall ensure among grant recipients--
            ``(1) geographical diversity; and
            ``(2) a balance between rural and urban communities.

    ``(f) Project Evaluation and Selection.--
            ``(1) <<NOTE: Determination.>> Requirements.--The Secretary 
        may select a project described in subsection (d) to receive a 
        grant under the program only if the Secretary determines that--
                    ``(A) the project is likely to generate national or 
                regional economic, mobility, or safety benefits;
                    ``(B) the project is in need of significant Federal 
                funding;
                    ``(C) the project will be cost-effective;
                    ``(D) with respect to related non-Federal financial 
                commitments, 1 or more stable and dependable sources of 
                funding and financing are available--
                          ``(i) to construct, operate, and maintain the 
                      project; and
                          ``(ii) to cover cost increases; and
                    ``(E) the applicant has, or will have, sufficient 
                legal, financial, and technical capacity to carry out 
                the project.
            ``(2) Evaluation criteria.--In awarding a grant under the 
        program, the Secretary shall evaluate--
                    ``(A) the extent to which a project supports 
                achieving a state of good repair for each existing asset 
                to be improved by the project;
                    ``(B) the level of benefits a project is expected to 
                generate, including--

[[Page 135 STAT. 665]]

                          ``(i) the costs avoided by the prevention of 
                      closure or reduced use of the asset to be improved 
                      by the project;
                          ``(ii) reductions in maintenance costs over 
                      the life of the applicable asset;
                          ``(iii) safety benefits, including the 
                      reduction of serious injuries and fatalities and 
                      related costs;
                          ``(iv) improved person or freight throughput, 
                      including improved mobility and reliability; and
                          ``(v) environmental benefits and health 
                      impacts, such as--
                                    ``(I) reductions in greenhouse gas 
                                emissions;
                                    ``(II) air quality benefits;
                                    ``(III) preventing stormwater runoff 
                                that would be a detriment to aquatic 
                                species; and
                                    ``(IV) improved infrastructure 
                                resilience;
                    ``(C) the benefits of the project, as compared to 
                the costs of the project;
                    ``(D) the number of persons or volume of freight, as 
                applicable, supported by the project; and
                    ``(E) national and regional economic benefits of the 
                project, including with respect to short- and long-term 
                job access, growth, or creation.
            ``(3) Additional considerations.--In selecting projects to 
        receive grants under the program, the Secretary shall take into 
        consideration--
                    ``(A) contributions to geographical diversity among 
                grant recipients, including a balance between the needs 
                of rural and urban communities;
                    ``(B) whether multiple States would benefit from a 
                project;
                    ``(C) whether, and the degree to which, a project 
                uses--
                          ``(i) construction materials or approaches 
                      that have--
                                    ``(I) demonstrated reductions in 
                                greenhouse gas emissions; or
                                    ``(II) reduced the need for 
                                maintenance of other projects; or
                          ``(ii) technologies that will allow for future 
                      connectivity and automation;
                    ``(D) whether a project would benefit--
                          ``(i) a historically disadvantaged community 
                      or population; or
                          ``(ii) an area of persistent poverty;
                    ``(E) whether a project benefits users of multiple 
                modes of transportation, including--
                          ``(i) pedestrians;
                          ``(ii) bicyclists; and
                          ``(iii) users of nonvehicular rail and public 
                      transportation, including intercity and commuter 
                      rail; and
                    ``(F) whether a project improves connectivity 
                between modes of transportation moving persons or goods 
                nationally or regionally.
            ``(4) Ratings.--
                    ``(A) <<NOTE: Evaluation.>>  In general.--In 
                evaluating applications for a grant under the program, 
                the Secretary shall assign the project proposed in the 
                application a rating described in

[[Page 135 STAT. 666]]

                subparagraph (B), based on the information contained in 
                the applicable notice published under paragraph (5).
                    ``(B) <<NOTE: Determinations.>>  Ratings.--
                          ``(i) Highly recommended.--The Secretary shall 
                      assign a rating of `highly recommended' to 
                      projects that, in the determination of the 
                      Secretary--
                                    ``(I) are exemplary projects of 
                                national or regional significance; and
                                    ``(II) would provide significant 
                                public benefit, as determined based on 
                                the applicable criteria described in 
                                this subsection, if funded under the 
                                program.
                          ``(ii) Recommended.--The Secretary shall 
                      assign a rating of `recommended' to projects that, 
                      in the determination of the Secretary--
                                    ``(I) are of national or regional 
                                significance; and
                                    ``(II) would provide public benefit, 
                                as determined based on the applicable 
                                criteria described in this subsection, 
                                if funded under the program.
                          ``(iii) Not recommended.--The Secretary shall 
                      assign a rating of `not recommended' to projects 
                      that, in the determination of the Secretary, 
                      should not receive a grant under the program, 
                      based on the applicable criteria described in this 
                      subsection.
                    ``(C) Technical assistance.--
                          ``(i) In general.--On request of an eligible 
                      entity that submitted an application under 
                      subsection (c) for a project that is not selected 
                      to receive a grant under the program, the 
                      Secretary shall provide to the eligible entity 
                      technical assistance and briefings relating to the 
                      project.
                          ``(ii) Treatment.--Technical assistance 
                      provided under this subparagraph shall not be 
                      considered a guarantee of future selection of the 
                      applicable project under the program.
            ``(5) <<NOTE: Deadline. Public information. Web 
        posting. Notice.>>  Publication of project evaluation and 
        selection criteria.--Not later than 90 days after the date of 
        enactment of this chapter, the Secretary shall publish and make 
        publicly available on the website of the Department a notice 
        that contains a detailed explanation of--
                    ``(A) the method by which the Secretary will 
                determine whether a project satisfies the applicable 
                requirements described in paragraph (1);
                    ``(B) any additional ratings the Secretary may 
                assign to determine the means by which a project 
                addresses the selection criteria and additional 
                considerations described in paragraphs (2) and (3); and
                    ``(C) the means by which the project requirements 
                and ratings referred to in subparagraphs (A) and (B) 
                will be used to assign an overall rating for the project 
                under paragraph (4).
            ``(6) Project selection priority.--In awarding grants under 
        the program, the Secretary shall give priority to projects to 
        which the Secretary has assigned a rating of `highly 
        recommended' under paragraph (4)(B)(i).

    ``(g) Data Collection and Analysis.--

[[Page 135 STAT. 667]]

            ``(1) Plan.--
                    ``(A) In general.--An eligible entity seeking a 
                grant under the program shall submit to the Secretary, 
                together with the grant application, a plan for the 
                collection and analysis of data to identify in 
                accordance with the framework established under 
                paragraph (2)--
                          ``(i) the impacts of the project; and
                          ``(ii) the accuracy of any forecast prepared 
                      during the development phase of the project and 
                      included in the grant application.
                    ``(B) Contents.--A plan under subparagraph (A) shall 
                include--
                          ``(i) an approach to measuring--
                                    ``(I) the criteria described in 
                                subsection (f)(2); and
                                    ``(II) if applicable, the additional 
                                requirements described in subsection 
                                (f)(3);
                          ``(ii) an approach for analyzing the 
                      consistency of predicted project characteristics 
                      with actual outcomes; and
                          ``(iii) <<NOTE: Determination.>>  any other 
                      elements that the Secretary determines to be 
                      necessary.
            ``(2) <<NOTE: Publication.>>  Framework.--The Secretary may 
        publish a standardized framework for the contents of the plans 
        under paragraph (1), which may include, as appropriate--
                    ``(A) standardized forecasting and measurement 
                approaches;
                    ``(B) <<NOTE: Data. Requirements.>>  data storage 
                system requirements; and
                    ``(C) <<NOTE: Determination.>> any other 
                requirements the Secretary determines to be necessary to 
                carry out this section.
            ``(3) Multiyear grant agreements.--The Secretary shall 
        require an eligible entity, as a condition of receiving funding 
        pursuant to a multiyear grant agreement under the program, to 
        collect additional data to measure the impacts of the project 
        and to accurately track improvements made by the project, in 
        accordance with a plan described in paragraph (1).
            ``(4) Reports.--
                    ``(A) Project baseline.--Before the date of 
                completion of a project for which a grant is provided 
                under the program, the eligible entity carrying out the 
                project shall submit to the Secretary a report providing 
                baseline data for the purpose of analyzing the long-term 
                impact of the project in accordance with the framework 
                established under paragraph (2).
                    ``(B) <<NOTE: Time period.>>  Updated report.--Not 
                later than 6 years after the date of completion of a 
                project for which a grant is provided under the program, 
                the eligible entity carrying out the project shall 
                submit to the Secretary a report that compares the 
                baseline data included in the report under subparagraph 
                (A) to project data collected during the period--
                          ``(i) beginning on the date that is 5 years 
                      after the date of completion of the project; and
                          ``(ii) ending on the date on which the updated 
                      report is submitted.

    ``(h) Eligible Project Costs.--

[[Page 135 STAT. 668]]

            ``(1) In general.--An eligible entity may use a grant 
        provided under the program for--
                    ``(A) development-phase activities and costs, 
                including planning, feasibility analysis, revenue 
                forecasting, alternatives analysis, data collection and 
                analysis, environmental review and activities to support 
                environmental review, preliminary engineering and design 
                work, and other preconstruction activities, including 
                the preparation of a data collection and post-
                construction analysis plan under subsection (g); and
                    ``(B) construction, reconstruction, rehabilitation, 
                acquisition of real property (including land relating to 
                the project and improvements to that land), 
                environmental mitigation (including projects to replace 
                or rehabilitate culverts or reduce stormwater runoff for 
                the purpose of improving habitat for aquatic species), 
                construction contingencies, acquisition of equipment, 
                protection, and operational improvements directly 
                relating to the project.
            ``(2) <<NOTE: Certification.>>  Interest and other financing 
        costs.--The interest and other financing costs of carrying out 
        any part of a project under a multiyear grant agreement within a 
        reasonable period of time shall be considered to be an eligible 
        project cost only if the applicable eligible entity certifies to 
        the Secretary that the eligible entity has demonstrated 
        reasonable diligence in seeking the most favorable financing 
        terms.

    ``(i) Cost Sharing.--
            ``(1) In general.--The total amount awarded for a project 
        under the program may not exceed 60 percent of the total 
        eligible project costs described in subsection (h).
            ``(2) Maximum federal involvement.--
                    ``(A) In general.--Subject to subparagraph (B), 
                Federal assistance other than a grant awarded under the 
                program may be provided for a project for which a grant 
                is awarded under the program.
                    ``(B) Limitation.--The total amount of Federal 
                assistance provided for a project for which a grant is 
                awarded under the program shall not exceed 80 percent of 
                the total cost of the project.
                    ``(C) Non-federal share.--Secured loans or financing 
                provided under section 603 of title 23 or section 22402 
                of this title and repaid with local funds or revenues 
                shall be considered to be part of the local share of the 
                cost of a project.
            ``(3) Application to multiyear agreements.--Notwithstanding 
        any other provision of this title, in any case in which amounts 
        are provided under the program pursuant to a multiyear 
        agreement, the disbursed Federal share of the cost of the 
        project may exceed the limitations described in paragraphs (1) 
        and (2)(B) for 1 or more years if the total amount of the 
        Federal share of the cost of the project, once completed, does 
        not exceed those limitations.

    ``(j) Grant Agreements.--
            ``(1) In general.--A project for which an eligible entity 
        receives a multiyear grant under the program shall be carried 
        out in accordance with this subsection.
            ``(2) Terms.--A multiyear grant agreement under this 
        subsection shall--

[[Page 135 STAT. 669]]

                    ``(A) establish the terms of Federal participation 
                in the applicable project;
                    ``(B) establish the maximum amount of Federal 
                financial assistance for the project;
                    ``(C) establish a schedule of anticipated Federal 
                obligations for the project that provides for obligation 
                of the full grant amount;
                    ``(D) describe the period of time for completing the 
                project, regardless of whether that period extends 
                beyond the period of an authorization; and
                    ``(E) facilitate timely and efficient management of 
                the applicable project by the eligible entity carrying 
                out the project, in accordance with applicable law.
            ``(3) Special rules.--
                    ``(A) In general.--A multiyear grant agreement under 
                this subsection--
                          ``(i) shall provide for the obligation of an 
                      amount of available budget authority specified in 
                      law;
                          ``(ii) may include a commitment, contingent on 
                      amounts to be specified in law in advance for 
                      commitments under this paragraph, to obligate an 
                      additional amount from future available budget 
                      authority specified in law; and
                          ``(iii) shall provide that any funds disbursed 
                      under the program for the project before the 
                      completion of any review required under the 
                      National Environmental Policy Act of 1969 (42 
                      U.S.C. 4321 et seq.) may only cover costs 
                      associated with development-phase activities 
                      described in subsection (h)(1)(A).
                    ``(B) Contingent commitment.--A contingent 
                commitment under this paragraph is not an obligation of 
                the Federal Government, including for purposes of 
                section 1501 of title 31.
            ``(4) Single-year grants.--The Secretary may only provide to 
        an eligible entity a full grant under the program in a single 
        year if all reviews required under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the 
        applicable project have been completed before the receipt of any 
        program funds.

    ``(k) Congressional Notification.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 30 
        days before the date on which the Secretary publishes the 
        selection of projects to receive grants under the program, the 
        Secretary shall submit to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a written notice that includes--
                    ``(A) <<NOTE: List.>>  a list of all project 
                applications reviewed by the Secretary as part of the 
                selection process;
                    ``(B) the rating assigned to each project under 
                subsection (f)(4);
                    ``(C) <<NOTE: Evaluation.>> an evaluation and 
                justification with respect to each project for which the 
                Secretary will--
                          ``(i) provide a grant under the program; and
                          ``(ii) enter into a multiyear grant agreement 
                      under the program;

[[Page 135 STAT. 670]]

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

    ``(l) Reports.--
            ``(1) <<NOTE: Web posting.>>  Transparency.--Not later than 
        60 days after the date on which the grants are announced under 
        the program, the Secretary shall publish on the website of the 
        Department a report that includes--
                    ``(A) <<NOTE: List.>> a list of all project 
                applications reviewed by the Secretary as part of the 
                selection process under the program;
                    ``(B) the rating assigned to each project under 
                subsection (f)(4); and
                    ``(C) a description of each project for which a 
                grant has been provided under the program.
            ``(2) Comptroller general.--
                    ``(A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                administrative establishment, solicitation, selection, 
                and justification process with respect to the funding of 
                grants under the program.
                    ``(B) Report.--Not later than 18 months after the 
                date on which the initial grants are awarded for 
                projects under the program, the Comptroller General 
                shall submit to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that describes, as applicable--
                          ``(i) the adequacy and fairness of the process 
                      by which the projects were selected; and
                          ``(ii) the justification and criteria used for 
                      the selection of the projects.

    ``(m) <<NOTE: Time period.>> Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out the program $2,000,000,000 for each 
        of fiscal years 2022 through 2026.
            ``(2) Other projects.--Of the amounts made available under 
        paragraph (1), 50 percent shall be set aside for projects that 
        have a project cost of--
                    ``(A) more than $100,000,000; but
                    ``(B) less than $500,000,000.
            ``(3) Administrative expenses.--Of the amounts made 
        available to carry out the program for each fiscal year, the 
        Secretary may reserve not more than 2 percent for the costs of--
                    ``(A) administering and overseeing the program; and

[[Page 135 STAT. 671]]

                    ``(B) hiring personnel for the program, including 
                personnel dedicated to processing permitting and 
                environmental review issues.
            ``(4) Transfer of authority.--The Secretary may transfer any 
        portion of the amounts reserved under paragraph (3) for a fiscal 
        year to the Administrator of any of the Federal Highway 
        Administration, the Federal Transit Administration, the Federal 
        Railroad Administration, or the Maritime Administration to award 
        and oversee grants in accordance with this section.

    ``(n) Additional Requirements.--
            ``(1) <<NOTE: Compliance.>>  In general.--Each project that 
        receives a grant under this chapter shall achieve compliance 
        with the applicable requirements of--
                    ``(A) subchapter IV of chapter 31 of title 40;
                    ``(B) title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.); and
                    ``(C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
            ``(2) <<NOTE: Applicability.>>  Modal requirements.--The 
        Secretary shall, with respect to a project funded by a grant 
        under this section, apply--
                    ``(A) the requirements of title 23 to a highway, 
                road, or bridge project;
                    ``(B) the requirements of chapter 53 to a transit 
                project; and
                    ``(C) the requirements of section 22905 to a rail 
                project.
            ``(3) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                          ``(i) <<NOTE: Determination.>>  determine the 
                      predominant modal component of the project; and
                          ``(ii) <<NOTE: Applicability.>>  apply the 
                      applicable requirements described in paragraph (2) 
                      of the predominant modal component to the project.
                    ``(B) <<NOTE: Applicability.>> Exceptions.--
                          ``(i) Passenger or freight rail component.--
                      The requirements of section 22905 shall apply to 
                      any passenger or freight rail component of a 
                      project.
                          ``(ii) Public transportation component.--The 
                      requirements of section 5333 shall apply to any 
                      public transportation component of a project.''.
SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.

    (a) In General.--Chapter 67 of subtitle III of title 49, United 
States Code (as added by section 21201), is amended by adding at the end 
the following:
``Sec. 6702. <<NOTE: 49 USC 6702.>>  Local and regional project 
                  assistance

    ``(a) Definitions.--In this section:
            ``(1) Area of persistent poverty.--The term `area of 
        persistent poverty' means--
                    ``(A) any county (or equivalent jurisdiction) in 
                which, during the 30-year period ending on the date of 
                enactment of this chapter, 20 percent or more of the 
                population continually lived in poverty, as measured 
                by--
                          ``(i) the 1990 decennial census;

[[Page 135 STAT. 672]]

                          ``(ii) the 2000 decennial census; and
                          ``(iii) the most recent annual small area 
                      income and poverty estimate of the Bureau of the 
                      Census;
                    ``(B) any census tract with a poverty rate of not 
                less than 20 percent, as measured by the 5-year data 
                series available from the American Community Survey of 
                the Bureau of the Census for the period of 2014 through 
                2018; and
                    ``(C) any territory or possession of the United 
                States.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State;
                    ``(B) the District of Columbia;
                    ``(C) any territory or possession of the United 
                States;
                    ``(D) a unit of local government;
                    ``(E) a public agency or publicly chartered 
                authority established by 1 or more States;
                    ``(F) a special purpose district or public authority 
                with a transportation function, including a port 
                authority;
                    ``(G) a federally recognized Indian Tribe or a 
                consortium of such Indian Tribes;
                    ``(H) a transit agency; and
                    ``(I) a multi-State or multijurisdictional group of 
                entities described in any of subparagraphs (A) through 
                (H).
            ``(3) Eligible project.--The term `eligible project' means--
                    ``(A) a highway or bridge project eligible for 
                assistance under title 23;
                    ``(B) a public transportation project eligible for 
                assistance under chapter 53;
                    ``(C) a passenger rail or freight rail 
                transportation project eligible for assistance under 
                this title;
                    ``(D) a port infrastructure investment, including--
                          ``(i) inland port infrastructure; and
                          ``(ii) a land port-of-entry;
                    ``(E) the surface transportation components of an 
                airport project eligible for assistance under part B of 
                subtitle VII;
                    ``(F) a project for investment in a surface 
                transportation facility located on Tribal land, the 
                title or maintenance responsibility of which is vested 
                in the Federal Government;
                    ``(G) a project to replace or rehabilitate a culvert 
                or prevent stormwater runoff for the purpose of 
                improving habitat for aquatic species that will advance 
                the goal of the program described in subsection (b)(2); 
                and
                    ``(H) any other surface transportation 
                infrastructure project that the Secretary considers to 
                be necessary to advance the goal of the program.
            ``(4) Program.--The term `program' means the Local and 
        Regional Project Assistance Program established under subsection 
        (b)(1).
            ``(5) Rural area.--The term `rural area' means an area that 
        is located outside of an urbanized area.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(7) Urbanized area.--The term `urbanized area' means an 
        area with a population of more than 200,000 residents, based on 
        the most recent decennial census.

[[Page 135 STAT. 673]]

    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish and carry 
        out a program, to be known as the `Local and Regional Project 
        Assistance Program', to provide for capital investments in 
        surface transportation infrastructure.
            ``(2) Goal.--The goal of the program shall be to fund 
        eligible projects that will have a significant local or regional 
        impact and improve transportation infrastructure.

    ``(c) Grants.--
            ``(1) In general.--In carrying out the program, the 
        Secretary may make grants to eligible entities, on a competitive 
        basis, in accordance with this section.
            ``(2) Amount.--Except as otherwise provided in this section, 
        each grant made under the program shall be in an amount equal 
        to--
                    ``(A) not less than $5,000,000 for an urbanized 
                area;
                    ``(B) not less than $1,000,000 for a rural area; and
                    ``(C) not more than $25,000,000.
            ``(3) Limitation.--Not more than 15 percent of the funds 
        made available to carry out the program for a fiscal year may be 
        awarded to eligible projects in a single State during that 
        fiscal year.

    ``(d) Selection of Eligible Projects.--
            ``(1) <<NOTE: Deadline.>>  Notice of funding opportunity.--
        Not later than 60 days after the date on which funds are made 
        available to carry out the program, the Secretary shall publish 
        a notice of funding opportunity for the funds.
            ``(2) Applications.--To be eligible to receive a grant under 
        the program, an eligible entity shall submit to the Secretary an 
        application--
                    ``(A) in such form and containing such information 
                as the Secretary considers to be appropriate; and
                    ``(B) <<NOTE: Deadline.>>  by such date as the 
                Secretary may establish, subject to the condition that 
                the date shall be not later than 90 days after the date 
                on which the Secretary issues the solicitation under 
                paragraph (1).
            ``(3) <<NOTE: Evaluation.>> Primary selection criteria.--In 
        awarding grants under the program, the Secretary shall evaluate 
        the extent to which a project--
                    ``(A) improves safety;
                    ``(B) improves environmental sustainability;
                    ``(C) improves the quality of life of rural areas or 
                urbanized areas;
                    ``(D) increases economic competitiveness and 
                opportunity, including increasing tourism opportunities;
                    ``(E) contributes to a state of good repair; and
                    ``(F) improves mobility and community connectivity.
            ``(4) Additional selection criteria.--In selecting projects 
        to receive grants under the program, the Secretary shall take 
        into consideration the extent to which--
                    ``(A) the project sponsors collaborated with other 
                public and private entities;
                    ``(B) the project adopts innovative technologies or 
                techniques, including--
                          ``(i) innovative technology;
                          ``(ii) innovative project delivery techniques; 
                      and
                          ``(iii) innovative project financing;

[[Page 135 STAT. 674]]

                    ``(C) the project has demonstrated readiness; and
                    ``(D) the project is cost effective.
            ``(5) Transparency.--
                    ``(A) <<NOTE: Evaluation.>> In general.--The 
                Secretary, shall evaluate, through a methodology that is 
                discernible and transparent to the public, the means by 
                which each application submitted under paragraph (2) 
                addresses the criteria under paragraphs (3) and (4) or 
                otherwise established by the Secretary.
                    ``(B) Publication.--The methodology under 
                subparagraph (A) shall be published by the Secretary as 
                part of the notice of funding opportunity under the 
                program.
            ``(6) <<NOTE: Deadline.>> Awards.--Not later than 270 days 
        after the date on which amounts are made available to provide 
        grants under the program for a fiscal year, the Secretary shall 
        announce the selection by the Secretary of eligible projects to 
        receive the grants in accordance with this section.
            ``(7) Technical assistance.--
                    ``(A) <<NOTE: Briefings.>>  In general.--On request 
                of an eligible entity that submitted an application 
                under paragraph (2) for a project that is not selected 
                to receive a grant under the program, the Secretary 
                shall provide to the eligible entity technical 
                assistance and briefings relating to the project.
                    ``(B) Treatment.--Technical assistance provided 
                under this paragraph shall not be considered a guarantee 
                of future selection of the applicable project under the 
                program.

    ``(e) Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of an eligible project carried out 
        using a grant provided under the program shall not exceed 80 
        percent.
            ``(2) Exception.--The Federal share of the cost of an 
        eligible project carried out in a rural area, a historically 
        disadvantaged community, or an area of persistent poverty using 
        a grant under this subsection may exceed 80 percent, at the 
        discretion of the Secretary.
            ``(3) Treatment of other federal funds.--Amounts provided 
        under any of the following programs shall be considered to be a 
        part of the non-Federal share for purposes of this subsection:
                    ``(A) The tribal transportation program under 
                section 202 of title 23.
                    ``(B) The Federal lands transportation program under 
                section 203 of title 23.
                    ``(C) The TIFIA program (as defined in section 
                601(a) of title 23).
                    ``(D) The Railroad Rehabilitation and Improvement 
                Financing Program under chapter 224.

    ``(f) Other Considerations.--
            ``(1) In general.--Of the total amount made available to 
        carry out the program for each fiscal year--
                    ``(A) not more than 50 percent shall be allocated 
                for eligible projects located in rural areas; and
                    ``(B) not more than 50 percent shall be allocated 
                for eligible projects located in urbanized areas.
            ``(2) Historically disadvantaged communities and areas of 
        persistent poverty.--Of the total amount made

[[Page 135 STAT. 675]]

        available to carry out the program for each fiscal year, not 
        less than 1 percent shall be awarded for projects in 
        historically disadvantaged communities or areas of persistent 
        poverty.
            ``(3) Multimodal and geographical considerations.--In 
        selecting projects to receive grants under the program, the 
        Secretary shall take into consideration geographical and modal 
        diversity.

    ``(g) Project Planning.--Of the amounts made available to carry out 
the program for each fiscal year, not less than 5 percent shall be made 
available for the planning, preparation, or design of eligible projects.
    ``(h) Transfer of Authority.--Of the amounts made available to carry 
out the program for each fiscal year, the Secretary may transfer not 
more than 2 percent for a fiscal year to the Administrator of any of the 
Federal Highway Administration, the Federal Transit Administration, the 
Federal Railroad Administration, or the Maritime Administration to award 
and oversee grants and credit assistance in accordance with this 
section.
    ``(i) Credit Program Costs.--
            ``(1) In general.--Subject to paragraph (2), at the request 
        of an eligible entity, the Secretary may use a grant provided to 
        the eligible entity under the program to pay the subsidy or 
        credit risk premium, and the administrative costs, of an 
        eligible project that is eligible for Federal credit assistance 
        under--
                    ``(A) chapter 224; or
                    ``(B) chapter 6 of title 23.
            ``(2) Limitation.--Not more than 20 percent of the funds 
        made available to carry out the program for a fiscal year may be 
        used to carry out paragraph (1).

    ``(j) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to carry out this section 
$1,500,000,000 for each of fiscal years 2022 through 2026, to remain 
available for a period of 3 fiscal years following the fiscal year for 
which the amounts are appropriated.

    ``(k) Reports.--
            ``(1) <<NOTE: Web posting.>>  Annual report.--The Secretary 
        shall make available on the website of the Department of 
        Transportation at the end of each fiscal year an annual report 
        that describes each eligible project for which a grant was 
        provided under the program during that fiscal year.
            ``(2) <<NOTE: Deadline.>>  Comptroller general.--Not later 
        than 1 year after the date on which the initial grants are 
        awarded for eligible projects under the program, the Comptroller 
        General of the United States shall--
                    ``(A) <<NOTE: Review.>>  review the administration 
                of the program, including--
                          ``(i) the solicitation process; and
                          ``(ii) the selection process, including--
                                    ``(I) the adequacy and fairness of 
                                the process; and
                                    ``(II) the selection criteria; and
                    ``(B) <<NOTE: Recommenda- tions.>> submit to the 
                Committee on Commerce, Science, and Transportation of 
                the Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                describing the findings of the review

[[Page 135 STAT. 676]]

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

    (b) <<NOTE: Reports.>> Study.--Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the United States 
shall conduct, and submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report describing the 
results of, a study of how changes to Federal share matching 
requirements and selection criteria, such as using State population data 
in Department discretionary programs, may impact the allocations made to 
States.

    (c) Clerical Amendment.--The analysis for subtitle III of title 49, 
United States Code, <<NOTE: 49 USC 5101 prec.>>  is amended by adding at 
the end the following:

           ``CHAPTER 67--Multimodal Infrastructure Investments

``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.''.

SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION 
                            GRANT PROGRAM.

    (a) In General.--Chapter 67 of title 49, United States Code (as 
amended by section 21202(a)), is amended by adding at the end the 
following:
``Sec. 6703. <<NOTE: 49 USC 6703.>>  National culvert removal, 
                  replacement, and restoration grant program

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the United States Fish and Wildlife Service.
            ``(2) Indian tribe.--The term `Indian Tribe' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            ``(3) Program.--The term `program' means the annual 
        competitive grant program established under subsection (b).
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(5) Undersecretary.--The term `Undersecretary' means the 
        Undersecretary of Commerce for Oceans and Atmosphere.

    ``(b) <<NOTE: Consultation. Fish and fishing.>>  Establishment.--The 
Secretary, in consultation with the Undersecretary, shall establish an 
annual competitive grant program to award grants to eligible entities 
for projects for the replacement, removal, and repair of culverts or 
weirs that--
            ``(1) would meaningfully improve or restore fish passage for 
        anadromous fish; and
            ``(2) with respect to weirs, may include--
                    ``(A) infrastructure to facilitate fish passage 
                around or over the weir; and
                    ``(B) weir improvements.

    ``(c) Eligible Entities.--An entity eligible to receive a grant 
under the program is--
            ``(1) a State;
            ``(2) a unit of local government; or
            ``(3) an Indian Tribe.

    ``(d) <<NOTE: Consultation. Determination. Criteria.>> Grant 
Selection Process.--The Secretary, in consultation with the 
Undersecretary and the Director, shall establish a process for 
determining criteria for awarding grants under the program, subject to 
subsection (e).

[[Page 135 STAT. 677]]

    ``(e) <<NOTE: Consultation. Procedures.>> Prioritization.--The 
Secretary, in consultation with the Undersecretary and the Director, 
shall establish procedures to prioritize awarding grants under the 
program to--
            ``(1) <<NOTE: Fish and fishing.>>  projects that would 
        improve fish passage for--
                    ``(A) anadromous fish stocks listed as an endangered 
                species or a threatened species under section 4 of the 
                Endangered Species Act of 1973 (16 U.S.C. 1533);
                    ``(B) anadromous fish stocks identified by the 
                Undersecretary or the Director that could reasonably 
                become listed as an endangered species or a threatened 
                species under that section;
                    ``(C) anadromous fish stocks identified by the 
                Undersecretary or the Director as prey for endangered 
                species, threatened species, or protected species, 
                including Southern resident orcas (Orcinus orcas); or
                    ``(D) anadromous fish stocks identified by the 
                Undersecretary or the Director as climate resilient 
                stocks; and
            ``(2) projects that would open up more than 200 meters of 
        upstream habitat before the end of the natural habitat.

    ``(f) Federal Share.--The Federal share of the cost of a project 
carried out with a grant to a State or a unit of local government under 
the program shall be not more than 80 percent.
    ``(g) <<NOTE: Consultation.>> Technical Assistance.--The Secretary, 
in consultation with the Undersecretary and the Director, shall develop 
a process to provide technical assistance to Indian Tribes and 
underserved communities to assist in the project design and grant 
process and procedures.

    ``(h) Administrative Expenses.--Of the amounts made available for 
each fiscal year to carry out the program, the Secretary, the 
Undersecretary, and the Director may use not more than 2 percent to pay 
the administrative expenses necessary to carry out this section.
    ``(i) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to carry out the program $800,000,000 
for each of fiscal years 2022 through 2026.''.

    (b) Clerical Amendment.--The analysis for chapter 67 of title 49, 
United States Code (as added by section 21202(c)), <<NOTE: 49 USC 6701 
prec.>>  is amended by adding at the end the following:

``6703. National culvert removal, replacement, and restoration grant 
           program.''.

SEC. 21204. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH 
                            PROGRAM.

    (a) In General.--Chapter 702 of title 49, United States Code (as 
amended by section 21106(a)), is amended by inserting after section 
70204 the following:
``Sec. 70205. <<NOTE: 49 USC 70205.>>  National multimodal 
                    cooperative freight research program

    ``(a) <<NOTE: Deadline.>> Establishment.--Not later than 1 year 
after the date of enactment of this section, the Secretary of 
Transportation (referred to in this section as the `Secretary') shall 
establish and support a national cooperative freight transportation 
research program.

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

[[Page 135 STAT. 678]]

        carry out administrative and management activities under the 
        program established under subsection (a).
            ``(2) <<NOTE: Establishment.>> Advisory committee.--To 
        assist the National Academy of Sciences in carrying out this 
        subsection, the National Academy shall establish an advisory 
        committee, the members of which represent a cross-section of 
        multimodal freight stakeholders, including--
                    ``(A) the Department of Transportation and other 
                relevant Federal departments and agencies;
                    ``(B) State (including the District of Columbia) 
                departments of transportation;
                    ``(C) units of local government, including public 
                port authorities;
                    ``(D) nonprofit entities;
                    ``(E) institutions of higher education;
                    ``(F) labor organizations representing employees in 
                freight industries; and
                    ``(G) private sector entities representing various 
                transportation modes.

    ``(c) Activities.--
            ``(1) National research agenda.--
                    ``(A) <<NOTE: Consultation. Recommenda- 
                tions. Strategic plan.>>  In general.--The advisory 
                committee established under subsection (b)(2), in 
                consultation with interested parties, shall recommend a 
                national research agenda for the program in accordance 
                with subsection (d), which shall include a multiyear 
                strategic plan.
                    ``(B) Action by interested parties.--For purposes of 
                subparagraph (A), an interested party may--
                          ``(i) <<NOTE: Proposals.>> submit to the 
                      advisory committee research proposals;
                          ``(ii) <<NOTE: Reviews.>>  participate in 
                      merit reviews of research proposals and peer 
                      reviews of research products; and
                          ``(iii) receive research results.
            ``(2) Research contracts and grants.--
                    ``(A) In general.--The National Academy of Sciences 
                may award research contracts and grants under the 
                program established under subsection (a) through--
                          ``(i) open competition; and
                          ``(ii) <<NOTE: Reviews.>>  merit review, 
                      conducted on a regular basis.
                    ``(B) Evaluation.--
                          ``(i) Peer review.--A contract or grant for 
                      research under subparagraph (A) may allow peer 
                      review of the research results.
                          ``(ii) Programmatic evaluations.--The National 
                      Academy of Sciences may conduct periodic 
                      programmatic evaluations on a regular basis of a 
                      contract or grant for research under subparagraph 
                      (A).
                    ``(C) Dissemination of findings.--The National 
                Academy of Sciences shall disseminate the findings of 
                any research conducted under this paragraph to relevant 
                researchers, practitioners, and decisionmakers through--
                          ``(i) conferences and seminars;
                          ``(ii) field demonstrations;
                          ``(iii) workshops;
                          ``(iv) training programs;
                          ``(v) presentations;
                          ``(vi) testimony to government officials;

[[Page 135 STAT. 679]]

                          ``(vii) publicly accessible websites;
                          ``(viii) publications for the general public; 
                      and
                          ``(ix) other appropriate means.
            ``(3) <<NOTE: Public information. Web posting.>> Report.--
        Not later than 1 year after the date of establishment of the 
        program under subsection (a), and annually thereafter, the 
        Secretary shall make available on a public website a report that 
        describes the ongoing research and findings under the program.

    ``(d) Areas for Research.--The national research agenda under 
subsection (c)(1) shall consider research in the following areas:
            ``(1) Improving the efficiency and resiliency of freight 
        movement, including--
                    ``(A) improving the connections between rural areas 
                and domestic and foreign markets;
                    ``(B) maximizing infrastructure utility, including 
                improving urban curb-use efficiency;
                    ``(C) quantifying the national impact of blocked 
                railroad crossings;
                    ``(D) improved techniques for estimating and 
                quantifying public benefits derived from freight 
                transportation projects; and
                    ``(E) low-cost methods to reduce congestion at 
                bottlenecks.
            ``(2) Adapting to future trends in freight, including--
                    ``(A) considering the impacts of e-commerce;
                    ``(B) automation; and
                    ``(C) zero-emissions transportation.
            ``(3) Workforce considerations in freight, including--
                    ``(A) diversifying the freight transportation 
                industry workforce; and
                    ``(B) creating and transitioning a workforce capable 
                of designing, deploying, and operating emerging 
                technologies.

    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of an 
        activity carried out under this section shall be up to 100 
        percent.
            ``(2) Use of non-federal funds.--In addition to using funds 
        made available to carry out this section, the National Academy 
        of Sciences may seek and accept additional funding from public 
        and private entities capable of accepting funding from the 
        Department of Transportation, States, units of local government, 
        nonprofit entities, and the private sector.

    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $3,750,000 for each fiscal year to carry 
out the program established under subsection (a), to remain available 
until expended.
    ``(g) Sunset.--The program established under subsection (a) shall 
terminate 5 years after the date of enactment of this section.''.
    (b) Clerical Amendment.--The analysis for chapter 702 of title 49, 
United States Code <<NOTE: 49 USC 70201 prec.>>  (as amended by section 
21106(b)), is amended by inserting after the item relating to section 
70204 the following:

``70205. National multimodal cooperative freight research program.''.

[[Page 135 STAT. 680]]

SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.

    (a) <<NOTE: 49 USC 116 note.>>  Definitions.--In this section:
            (1) Build america bureau.--The term ``Build America Bureau'' 
        means the National Surface Transportation and Innovative Finance 
        Bureau established under section 116 of title 49, United States 
        Code.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a unit of local government or political 
                subdivision that is located outside of an urbanized area 
                with a population of more than 150,000 residents, as 
                determined by the Bureau of the Census;
                    (B) a State seeking to advance a project located in 
                an area described in subparagraph (A);
                    (C) a federally recognized Indian Tribe; and
                    (D) the Department of Hawaiian Home Lands.
            (3) Eligible program.--The term ``eligible program'' means 
        any program described in--
                    (A) subparagraph (A) or (B) of section 116(d)(1) of 
                title 49, United States Code;
                    (B) section 118(d)(3)(A) of that title (as added by 
                section 21101(a)); or
                    (C) chapter 67 of that title (as added by section 
                21201).
            (4) Pilot program.--The term ``pilot program'' means the 
        Rural and Tribal Assistance Pilot Program established under 
        subsection (b)(1).

    (b) Establishment.--
            (1) In general.--The Secretary shall establish within the 
        Build America Bureau a pilot program, to be known as the ``Rural 
        and Tribal Assistance Pilot Program'', to provide to eligible 
        entities the assistance and information described in paragraph 
        (2).
            (2) Assistance and information.--In carrying out the pilot 
        program, the Secretary may provide to an eligible entity the 
        following:
                    (A) Financial, technical, and legal assistance to 
                evaluate potential projects reasonably expected to be 
                eligible to receive funding or financing assistance 
                under an eligible program.
                    (B) Assistance with development-phase activities, 
                including--
                          (i) project planning;
                          (ii) feasibility studies;
                          (iii) revenue forecasting and funding and 
                      financing options analyses;
                          (iv) environmental review;
                          (v) preliminary engineering and design work;
                          (vi) economic assessments and cost-benefit 
                      analyses;
                          (vii) public benefit studies;
                          (viii) statutory and regulatory framework 
                      analyses;
                          (ix) value for money studies;
                          (x) evaluations of costs to sustain the 
                      project;
                          (xi) evaluating opportunities for private 
                      financing and project bundling; and
                          (xii) any other activity determined to be 
                      appropriate by the Secretary.

[[Page 135 STAT. 681]]

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

    (c) Assistance From Expert Firms.--The Secretary may retain the 
services of expert firms, including counsel, in the field of municipal 
and project finance to assist in providing financial, technical, and 
legal assistance to eligible entities under the pilot program.
    (d) Website.--
            (1) Description of pilot program.--
                    (A) <<NOTE: Public information.>>  In general.--The 
                Secretary shall make publicly available on the website 
                of the Department a description of the pilot program, 
                including--
                          (i) the resources available to eligible 
                      entities under the pilot program; and
                          (ii) the application process established under 
                      paragraph (2)(A).
                    (B) Clearinghouse.--The Secretary may establish a 
                clearinghouse for tools, templates, and best practices 
                on the page of the website of the Department that 
                contains the information described in subparagraph (A).
            (2) Applications.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                180 days after the date of enactment of this Act, the 
                Secretary shall establish a process by which an eligible 
                entity may submit to the Secretary an application under 
                the pilot program, in such form and containing such 
                information as the Secretary may require.
                    (B) <<NOTE: Public information.>>  Online portal.--
                The Secretary shall develop and make available to the 
                public an online portal through which the Secretary may 
                receive applications under subparagraph (A), on a 
                rolling basis.
                    (C) <<NOTE: Deadlines.>>  Approval.--
                          (i) <<NOTE: Notice.>>  In general.--Not later 
                      than 60 days after the date on which the Secretary 
                      receives a complete application under subparagraph 
                      (A), the Secretary shall provide to each eligible 
                      entity that submitted the application a notice 
                      describing whether the application is approved or 
                      disapproved.
                          (ii) Additional written notification.--
                                    (I) In general.--Not later than 30 
                                days after the date on which the 
                                Secretary provides to an eligible entity 
                                a notification under clause (i), the 
                                Secretary shall provide to the eligible 
                                entity an additional written 
                                notification of the approval or 
                                disapproval of the application.
                                    (II) <<NOTE: Briefing.>>  
                                Disapproved applications.--If the 
                                application of an eligible entity is 
                                disapproved under this subparagraph, the 
                                additional written notification provided 
                                to the eligible entity under subclause 
                                (I) shall include an offer for a written 
                                or telephonic debrief by the Secretary 
                                that will provide an explanation of, and 
                                guidance regarding, the reasons why the 
                                application was disapproved.
                          (iii) Insufficient applications.--The 
                      Secretary shall not approve an application under 
                      this subparagraph if the application fails to meet 
                      the applicable criteria established under this 
                      section.

[[Page 135 STAT. 682]]

            (3) <<NOTE: Web postings. Reports.>>  Dashboard.--The 
        Secretary shall publish on the website of the Department a 
        monthly report that includes, for each application received 
        under the pilot program--
                    (A) the type of eligible entity that submitted the 
                application;
                    (B) the location of each potential project described 
                in the application;
                    (C) a brief description of the assistance requested;
                    (D) the date on which the Secretary received the 
                application; and
                    (E) the date on which the Secretary provided the 
                notice of approval or disapproval under paragraph 
                (2)(C)(i).

    (e) Experts.--An eligible entity that receives assistance under the 
pilot program may retain the services of an expert for any phase of a 
project carried out using the assistance, including project development, 
regardless of whether the expert is retained by the Secretary under 
subsection (c).
    (f) Funding.--
            (1) In general.--For each of fiscal years 2022 through 2026, 
        the Secretary may use to carry out the pilot program, including 
        to retain the services of expert firms under subsection (c), any 
        amount made available to the Secretary to provide credit 
        assistance under an eligible program that is not otherwise 
        obligated, subject to paragraph (2).
            (2) Limitation.--The amount used under paragraph (1) to 
        carry out the pilot program shall be not more than--
                    (A) $1,600,000 for fiscal year 2022;
                    (B) $1,800,000 for fiscal year 2023;
                    (C) $2,000,000 for fiscal year 2024;
                    (D) $2,200,000 for fiscal year 2025; and
                    (E) $2,400,000 for fiscal year 2026.
            (3) Geographical distribution.--Not more than 20 percent of 
        the funds made available to carry out the pilot program for a 
        fiscal year may be used for projects in a single State during 
        that fiscal year.

    (g) Sunset.--The pilot program shall terminate on the date that is 5 
years after the date of enactment of this Act.
    (h) Nonapplicability.--Nothing in this section limits the ability of 
the Build America Bureau or the Secretary to establish or carry out any 
other assistance program under title 23 or title 49, United States Code.
    (i) Administration by Build America Bureau.--Section 116(d)(1) of 
title 49, United States Code (as amended by section 21101(d)(4)), is 
amended by adding at the end the following:
                    ``(D) The Rural and Tribal Assistance Pilot Program 
                established under section 21205(b)(1) of the Surface 
                Transportation Investment Act of 2021.''.

  Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms

SEC. 21301. RRIF CODIFICATION AND REFORMS.

    (a) Codification of Title V of the Railroad Revitalization and 
Regulatory Reform Act of 1976.--Part B of subtitle V of title 49, United 
States Code, <<NOTE: 49 USC 22401 prec.>>  is amended--

[[Page 135 STAT. 683]]

            (1) by inserting after chapter 223 <<NOTE: 49 USC 22401 
        prec.>>  the following chapter analysis:

    ``Chapter 224--Railroad Rehabilitation and Improvement Financing

``Sec.
``22401. Definitions.
``22402. Direct loans and loan guarantees.
``22403. Administration of direct loans and loan guarantees.
``22404. Employee protection.
``22405. Substantive criteria and standards.
``22406. Authorization of appropriations.'';

            (2) by inserting after the chapter analysis the following 
        section headings:
``Sec. 22401. <<NOTE: 49 USC 22401.>>  Definitions
``Sec. 22402. <<NOTE: 49 USC 22402.>>  Direct loans and loan 
                    guarantees
``Sec. 22403. <<NOTE: 49 USC 22403.>>  Administration of direct 
                    loans and loan guarantees
``Sec. 22404. <<NOTE: 49 USC 22404.>>  Employee protection'';
            (3) by inserting after the section heading for section 
        22401, as added by paragraph (2), the text of section 501 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 821);
            (4) by inserting after the section heading for section 
        22402, as added by paragraph (2), the text of section 502 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 822);
            (5) by inserting after the section heading for section 
        22403, as added by paragraph (2), the text of section 503 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 823); and
            (6) by inserting after the section heading for section 
        22404, as added by paragraph (2), the text of section 504 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 836).

    (b) Conforming Repeals.--
            (1) Repeals.--
                    (A) Sections 501, 502, 503, and 504 of the Railroad 
                Revitalization and Regulatory Reform Act of 1976 (45 
                U.S.C. 821, 822, 823, and 836) are repealed.
                    (B) Section 9003(j) of the Safe, Accountable, 
                Flexible, Efficient Transportation Equity Act: A Legacy 
                for Users (45 U.S.C. 822 note) is repealed.
            (2) <<NOTE: 45 USC 821 note.>>  Savings provision.--The 
        repeals under paragraph (1) shall not affect the rights and 
        duties that matured under the repealed sections, the penalties 
        that were incurred under such sections, or any proceeding 
        authorized under any such section that commenced before the date 
        of enactment of this Act.

    (c) Definitions.--
            (1) Headings.--Section 22401 of title 49, United States 
        Code, as added by subsection (a)(2), and amended by subsection 
        (a)(3), is further amended--
                    (A) in paragraph (1)--
                          (i) by striking ``(1)(A) The'' and inserting 
                      the following:
            ``(1) Cost.--
                    ``(A) The''; and

[[Page 135 STAT. 684]]

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

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

[[Page 135 STAT. 685]]

                    ``(E) <<NOTE: Reimbursement.>>  to reimburse 
                planning, permitting, and design expenses relating to 
                activities described in subparagraph (A), (B), or (C); 
                or
                    ``(F) to finance economic development, including 
                commercial and residential development, and related 
                infrastructure and activities, that--
                          ``(i) incorporates private investment of 
                      greater than 20 percent of total project costs;
                          ``(ii) is physically connected to, or is 
                      within \1/2\ mile of, a fixed guideway transit 
                      station, an intercity bus station, a passenger 
                      rail station, or a multimodal station, provided 
                      that the location includes service by a railroad;
                          ``(iii) <<NOTE: Deadline.>>  demonstrates the 
                      ability of the applicant to commence the 
                      contracting process for construction not later 
                      than 90 days after the date on which the direct 
                      loan or loan guarantee is obligated for the 
                      project under this chapter; and
                          ``(iv) demonstrates the ability to generate 
                      new revenue for the relevant passenger rail 
                      station or service by increasing ridership, 
                      increasing tenant lease payments, or carrying out 
                      other activities that generate revenue exceeding 
                      costs.''; and
                    (B) by striking paragraph (3);
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``of title 49, 
                United States Code''; and
                    (B) in paragraph (5), by striking ``title 49, United 
                States Code,'' and inserting ``this title'';
            (4) in subsection (e), by amending paragraph (1) to read as 
        follows:
            ``(1) Direct loans.--The interest rate on a direct loan 
        under this section shall be not less than the yield on United 
        States Treasury securities of a similar maturity to the maturity 
        of the secured loan on the date of execution of the loan 
        agreement.'';
            (5) in subsection (f)--
                    (A) in paragraph (3)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by striking ``An applicant may 
                                propose and'' and inserting ``Upon 
                                receipt of a proposal from an applicant 
                                under this section,''; and
                                    (II) by striking ``tangible asset'' 
                                and inserting ``collateral described in 
                                paragraph (6)'';
                          (ii) in subparagraph (B)(ii), by inserting ``, 
                      including operating or tenant charges, facility 
                      rents, or other fees paid by transportation 
                      service providers or operators for access to, or 
                      the use of, infrastructure, including rail lines, 
                      bridges, tunnels, yards, or stations'' after 
                      ``user fees'';
                          (iii) in subparagraph (C), by striking 
                      ``$75,000,000'' and inserting ``$150,000,000''; 
                      and
                          (iv) by adding at the end the following:
                    ``(D) Revenue from projected freight or passenger 
                demand for the project based on regionally developed 
                economic forecasts, including projections of any modal 
                diversion resulting from the project.''; and

[[Page 135 STAT. 686]]

                    (B) by adding at the end the following:
            ``(5) <<NOTE: Deadline.>>  Cohorts of loans.--Subject to the 
        availability of funds appropriated by Congress under section 
        22406(a)(2), for any direct loan issued before the date of 
        enactment of the Fixing America's Surface Transportation Act 
        (Public Law 114-94) pursuant to sections 501 through 504 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 
        (Public Law 94-210), the Secretary shall repay the credit risk 
        premiums of such loan, with interest accrued thereon, not later 
        than--
                    ``(A) 60 days after the date of enactment of the 
                Surface Transportation Investment Act of 2021 if the 
                borrower has satisfied all obligations attached to such 
                loan; or
                    ``(B) if the borrower has not yet satisfied all 
                obligations attached to such loan, 60 days after the 
                date on which all obligations attached to such loan have 
                been satisfied.
            ``(6) Collateral.--
                    ``(A) <<NOTE: Evaluations.>>  Types of collateral.--
                An applicant or infrastructure partner may propose 
                tangible and intangible assets as collateral, exclusive 
                of goodwill. The Secretary, after evaluating each such 
                asset--
                          ``(i) shall accept a net liquidation value of 
                      collateral; and
                          ``(ii) shall consider and may accept--
                                    ``(I) the market value of 
                                collateral; or
                                    ``(II) in the case of a blanket 
                                pledge or assignment of an entire 
                                operating asset or basket of assets as 
                                collateral, the market value of assets, 
                                or, the market value of the going 
                                concern, considering--
                                            ``(aa) inclusion in the 
                                        pledge of all the assets 
                                        necessary for independent 
                                        operational utility of the 
                                        collateral, including tangible 
                                        assets such as real property, 
                                        track and structure, motive 
                                        power, equipment and rolling 
                                        stock, stations, systems and 
                                        maintenance facilities and 
                                        intangible assets such as long-
                                        term shipping agreements, 
                                        easements, leases and access 
                                        rights such as for trackage and 
                                        haulage;
                                            ``(bb) interchange 
                                        commitments; and
                                            ``(cc) the value of the 
                                        asset as determined through the 
                                        cost or market approaches, or 
                                        the market value of the going 
                                        concern, with the latter 
                                        considering discounted cash 
                                        flows for a period not to exceed 
                                        the term of the direct loan or 
                                        loan guarantee.
                    ``(B) Appraisal standards.--In evaluating appraisals 
                of collateral under subparagraph (A), the Secretary 
                shall consider--
                          ``(i) adherence to the substance and 
                      principles of the Uniform Standards of 
                      Professional Appraisal Practice, as developed by 
                      the Appraisal Standards Board of the Appraisal 
                      Foundation; and
                          ``(ii) the qualifications of the appraisers to 
                      value the type of collateral offered.
            ``(7) Repayment of credit risk premiums.--The Secretary 
        shall return credit risk premiums paid, and interest accrued

[[Page 135 STAT. 687]]

        on such premiums, to the original source when all obligations of 
        a loan or loan guarantee have been satisfied. This paragraph 
        applies to any project that has been granted assistance under 
        this section after the date of enactment of the Surface 
        Transportation Investment Act of 2021.'';
            (6) in subsection (g), by amending paragraph (1) the read as 
        follows:
            ``(1) <<NOTE: Time period.>>  repayment of the obligation is 
        required to be made within a term that is not longer than the 
        shorter of--
                    ``(A) 75 years after the date of substantial 
                completion of the project;
                    ``(B) the estimated useful life of the rail 
                equipment or facilities to be acquired, rehabilitated, 
                improved, developed, or established, subject to an 
                adequate determination of long-term risk; or
                    ``(C) for projects determined to have an estimated 
                useful life that is longer than 35 years, the period 
                that is equal to the sum of--
                          ``(i) 35 years; and
                          ``(ii) the product of--
                                    ``(I) the difference between the 
                                estimated useful life and 35 years; 
                                multiplied by
                                    ``(II) 75 percent.'';
            (7) in subsection (h)--
                    (A) in paragraph (3)--
                          (i) in subparagraph (A)--
                                    (I) by striking ``of title 49, 
                                United States Code'';
                                    (II) by striking ``the National 
                                Railroad Passenger Corporation'' and 
                                inserting ``Amtrak''; and
                                    (III) by striking ``of that title''; 
                                and
                          (ii) in subparagraph (B), by striking 
                      ``section 504 of this Act'' and inserting 
                      ``section 22404''; and
                    (B) in paragraph (4), by striking ``(b)(1)(E)'' and 
                inserting ``(b)(1)(F)'';
            (8) in subsection (i)--
                    (A) by amending paragraph (4) to read as follows:
            ``(4) <<NOTE: Loans.>>  Streamlined application review 
        process.--
                    ``(A) <<NOTE: Deadline. Procedures.>>  In general.--
                Not later than 180 days after the date of enactment of 
                the Surface Transportation Investment Act of 2021, the 
                Secretary shall implement procedures and measures to 
                economize and make available an streamlined application 
                process or processes at the request of applicants 
                seeking loans or loan guarantees.
                    ``(B) Criteria.--Applicants seeking loans and loan 
                guarantees under this section shall--
                          ``(i) seek a total loan or loan guarantee 
                      value not exceeding $150,000,000;
                          ``(ii) meet eligible project purposes 
                      described in subparagraphs (A) and (B) of 
                      subsection (b)(1); and
                          ``(iii) <<NOTE: Consultation.>>  meet other 
                      criteria considered appropriate by the Secretary, 
                      in consultation with the Council on Credit and 
                      Finance of the Department of Transportation.
                    ``(C) <<NOTE: Time period.>>  Expedited credit 
                review.--The total period between the submission of an 
                application and the approval or disapproval of an 
                application for a direct loan or loan guarantee under 
                this paragraph may not exceed 90 days.

[[Page 135 STAT. 688]]

                If an application review conducted under this paragraph 
                exceeds 90 days, the Secretary shall--
                          ``(i) <<NOTE: Notice. Estimate.>>  provide 
                      written notice to the applicant, including a 
                      justification for the delay and updated estimate 
                      of the time needed for approval or disapproval; 
                      and
                          ``(ii) <<NOTE: Publication.>>  publish the 
                      notice on the dashboard described in paragraph 
                      (5).'';
                    (B) in paragraph (5)--
                          (i) in subparagraph (E), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (F), by adding ``; and'' 
                      at the end; and
                          (iii) by adding at the end the following:
                    ``(G) whether the project utilized the streamlined 
                application process under paragraph (4).''; and
                    (C) by adding at the end the following:
            ``(6) Creditworthiness review status.--
                    ``(A) In general.--The Secretary shall maintain 
                status information related to each application for a 
                loan or loan guarantee, which shall be provided to the 
                applicant upon request, including--
                          ``(i) the total value of the proposed loan or 
                      loan guarantee;
                          ``(ii) the name of the applicant or applicants 
                      submitting the application;
                          ``(iii) the proposed capital structure of the 
                      project to which the loan or loan guarantee would 
                      be applied, including the proposed Federal and 
                      non-Federal shares of the total project cost;
                          ``(iv) the type of activity to receive credit 
                      assistance, including whether the project is new 
                      construction, the rehabilitation of existing rail 
                      equipment or facilities, or the refinancing an 
                      existing loan or loan guarantee;
                          ``(v) if a deferred payment is proposed, the 
                      length of such deferment;
                          ``(vi) the credit rating or ratings provided 
                      for the applicant;
                          ``(vii) if other credit instruments are 
                      involved, the proposed subordination relationship 
                      and a description of such other credit 
                      instruments;
                          ``(viii) <<NOTE: Schedule.>>  a schedule for 
                      the readiness of proposed investments for 
                      financing;
                          ``(ix) a description of any Federal permits 
                      required, including under the National 
                      Environmental Policy Act of 1969 (42 U.S.C. 4321 
                      et seq.) and any waivers under section 5323(j) 
                      (commonly known as the `Buy America Act');
                          ``(x) other characteristics of the proposed 
                      activity to be financed, borrower, key agreements, 
                      or the nature of the credit that the Secretary 
                      considers to be fundamental to the 
                      creditworthiness review;
                          ``(xi) the status of the application in the 
                      pre-application review and selection process;
                          ``(xii) the cumulative amounts paid by the 
                      Secretary to outside advisors related to the 
                      application, including financial and legal 
                      advisors;

[[Page 135 STAT. 689]]

                          ``(xiii) <<NOTE: Determination.>>  a 
                      description of the key rating factors used by the 
                      Secretary to determine credit risk, including--
                                    ``(I) the factors used to determine 
                                risk for the proposed application;
                                    ``(II) an adjectival risk rating for 
                                each identified factor, ranked as either 
                                low, moderate, or high;
                          ``(xiv) <<NOTE: Estimate.>>  a nonbinding 
                      estimate of the credit risk premium, which may be 
                      in the form of--
                                    ``(I) a range, based on the 
                                assessment of risk factors described in 
                                clause (xiii); or
                                    ``(II) a justification for why the 
                                estimate of the credit risk premium 
                                cannot be determined based on available 
                                information; and
                          ``(xv) a description of the key information 
                      the Secretary needs from the applicant to complete 
                      the credit review process and make a final 
                      determination of the credit risk premium.
                    ``(B) Report upon request.--The Secretary shall 
                provide the information described in subparagraph (A) 
                not later than 30 days after a request from the 
                applicant.
                    ``(C) Exception.--Applications processed using the 
                streamlined application review process under paragraph 
                (4) are not subject to the requirements under this 
                paragraph.'';
            (9) in subsection (l)(2)(A)(iii), by striking ``under this 
        title'' and inserting ``under this chapter'';
            (10) in subsection (m)(1), by striking ``under this title'' 
        and inserting ``under this chapter''; and
            (11) by adding at the end the following:

    ``(n) Non-Federal Share.--The proceeds of a loan provided under this 
section may be used as the non-Federal share of project costs for any 
grant program administered by the Secretary if such loan is repayable 
from non-Federal funds.''.
    (e) Administration of Direct Loans and Loan Guarantees.--Section 
22403 of title 49, United States Code, as added by subsection (a)(2), 
and amended by subsection (a)(5), is further amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary shall'' and 
                inserting the following:
            ``(1) In general.--The Secretary shall'';
                    (B) in paragraph (1), as designated by subparagraph 
                (A), by striking ``section 502'' and inserting ``section 
                22402''; and
                    (C) by adding at the end the following:
            ``(2) Documentation.--An applicant meeting the size standard 
        for small business concerns established under section 3(a)(2) of 
        the Small Business Act (15 U.S.C. 632(a)(2)) may provide 
        unaudited financial statements as documentation of historical 
        financial information if such statements are accompanied by the 
        applicant's Federal tax returns and Internal Revenue Service tax 
        verifications for the corresponding years.'';
            (2) in subsection (d)(3), by striking ``section 502(f)'' and 
        inserting ``section 22402(f)'';
            (3) in subsection (l)(3)(B), by striking ``serving a direct 
        loan'' and inserting ``servicing a direct loan''; and
            (4) in each of subsections (b) through (m), as applicable--

[[Page 135 STAT. 690]]

                    (A) by striking ``section 502'' each place it 
                appears and inserting ``section 22402''; and
                    (B) by striking ``this title'' each place it appears 
                and inserting ``this chapter''.

    (f) Employee Protection.--Section 22404 of title 49, United States 
Code, as added by subsection (a)(2), and amended by subsection (a)(6), 
is further amended--
            (1) in subsection (a)--
                    (A) by striking ``not otherwise protected under 
                title V of the Regional Rail Reorganization Act of 1973 
                (45 U.S.C. 771 et seq.),'';
                    (B) by striking ``under this title'' and inserting 
                ``under this chapter'';
                    (C) by striking ``within 120 days after the date of 
                enactment of this title'' and inserting ``not later than 
                120 days after February 5, 1976''; and
                    (D) by striking ``within 150 days after the date of 
                enactment of this title'' and inserting ``not later than 
                150 days after February 5, 1976'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``applicable financial 
                      assistance under this title'' and inserting 
                      ``applicable financial assistance under this 
                      chapter''; and
                          (ii) by striking ``from financial assistance 
                      under this title'' and inserting ``from financial 
                      assistance under this chapter'';
                    (B) in paragraph (3), by striking ``under this 
                title'' and inserting ``under this chapter''; and
                    (C) in paragraph (4), by striking ``to this title'' 
                and inserting ``to this chapter''; and
            (3) in subsection (c), by striking ``to this title'' and 
        inserting ``to this chapter''.

    (g) Substantive Criteria and Standards.--Chapter 224 of title 49, 
United States Code, as added by subsection (a), and amended by 
subsections (c) through (f), is further amended by adding at the end the 
following:
``Sec. 22405. <<NOTE: 49 USC 22405.>>  Substantive criteria and 
                    standards

    ``The Secretary shall--
            ``(1) <<NOTE: Federal Register, publication. Web 
        posting. Determination.>>  publish in the Federal Register and 
        post on a website of the Department of Transportation the 
        substantive criteria and standards used by the Secretary to 
        determine whether to approve or disapprove applications 
        submitted under section 22402; and
            ``(2) <<NOTE: Procedures. Guidelines. Deadlines.>>  ensure 
        that adequate procedures and guidelines are in place to permit 
        the filing of complete applications not later than 30 days after 
        the publication referred to in paragraph (1).''.

    (h) Authorization of Appropriations.--Chapter 224 of title 49, 
United States Code, as added by subsection (a), and amended by 
subsections (c) through (g), is further amended by adding at the end the 
following:
``Sec. 22406. <<NOTE: 49 USC 22406.>>  Authorization of 
                    appropriations.

    ``(a) Authorization.--

[[Page 135 STAT. 691]]

            ``(1) <<NOTE: Time period.>>  In general.--There is 
        authorized to be appropriated for credit assistance under this 
        chapter, which shall be provided at the discretion of the 
        Secretary, $50,000,000 for each of fiscal years 2022 through 
        2026.
            ``(2) Refund of premium.--There is authorized to be 
        appropriated to the Secretary $70,000,000 to repay the credit 
        risk premium in accordance with section 22402(f)(5).
            ``(3) Availability.--Amounts appropriated pursuant to this 
        subsection shall remain available until expended.

    ``(b) Use of Funds.--
            ``(1) In general.--Credit assistance provided under 
        subsection (a) may not exceed $20,000,000 for any loan or loan 
        guarantee.
            ``(2) Administrative costs.--Not less than 3 percent of the 
        amounts appropriated pursuant to subsection (a) in each fiscal 
        year shall be made available to the Secretary for use in place 
        of charges collected under section 22403(l)(1) for passenger 
        railroads and freight railroads other than Class I carriers.
            ``(3) Short line set-aside.--Not less than 50 percent of the 
        amounts appropriated pursuant to subsection (a)(1) for each 
        fiscal year shall be set aside for freight railroads other than 
        Class I carriers.''.

    (i) Clerical Amendment.--The analysis for title 49, United States 
Code, is <<NOTE: 49 USC 20101 prec.>>  amended by inserting after the 
item relating to chapter 223 the following:
``224 . Railroad rehabilitation and improvement financing.......22401''.

    (j) Technical and Conforming Amendments.--
            (1) National trails system act.--Section 8(d) of the 
        National Trails System Act (16 U.S.C. 1247(d)) is amended by 
        inserting ``(45 U.S.C. 801 et seq.) and chapter 224 of title 49, 
        United States Code'' after ``1976''.
            (2) Passenger rail reform and investment act.--Section 
        11315(c) of the Passenger Rail Reform and Investment Act of 2015 
        (23 U.S.C. 322 note; Public Law 114-94) is amended by striking 
        ``sections 502 and 503 of the Railroad Revitalization and 
        Regulatory Reform Act of 1976'' and inserting ``sections 22402 
        and 22403 of title 49, United States Code''.
            (3) Provisions classified in title 45, united states code.--
                    (A) Railroad revitalization and regulatory reform 
                act of 1976.--Section 101 of the Railroad Revitalization 
                and Regulatory Reform Act of 1976 (45 U.S.C. 801) is 
                amended--
                          (i) in subsection (a), in the matter preceding 
                      paragraph (1), by striking ``It is the purpose of 
                      the Congress in this Act to'' and inserting ``The 
                      purpose of this Act and chapter 224 of title 49, 
                      United States Code, is to''; and
                          (ii) in subsection (b), in the matter 
                      preceding paragraph (1), by striking ``It is 
                      declared to be the policy of the Congress in this 
                      Act'' and inserting ``The policy of this Act and 
                      chapter 224 of title 49, United States Code, is''.
                    (B) Railroad infrastructure financing improvement 
                act.--The Railroad Infrastructure Financing

[[Page 135 STAT. 692]]

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

[[Page 135 STAT. 693]]

                    (B) Prohibited discrimination.--Section 306(b) of 
                title 49, United States Code, is amended--
                          (i) by striking ``chapter 221 or 249 of this 
                      title,'' and inserting ``chapter 221, 224, or 249 
                      of this title, or''; and
                          (ii) by striking ``, or title V of the 
                      Railroad Revitalization and Regulatory Reform Act 
                      of 1976 (45 U.S.C. 821 et seq.)''.
                    (C) Passenger rail reform and investment act of 
                2015.--Section 11311(d) of the Passenger Rail Reform and 
                Investment Act of 2015 (Public Law 114-94; 49 U.S.C. 
                20101 note) is amended by striking ``, and section 502 
                of the Railroad Revitalization and Regulatory Reform Act 
                of 1976 (45 U.S.C. 822)''.
                    (D) Grant conditions.--Section 22905(c)(2)(B) of 
                title 49, United States Code, is amended by striking 
                ``section 504 of the Railroad Revitalization and 
                Regulatory Reform Act of 1976 (45 U.S.C. 836)'' and 
                inserting ``section 22404''.
                    (E) Passenger rail investment and improvement act of 
                2008.--Section 205(g) of the Passenger Rail Investment 
                and Improvement Act of 2008 (division B of Public Law 
                110-432; 49 U.S.C. 24101 note) is amended by striking 
                ``title V of the Railroad Revitalization and Regulatory 
                Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and 
                inserting ``chapter 224 of title 49, United States 
                Code''.
                    (F) Amtrak authority.--Section 24903 of title 49, 
                United States Code, is amended--
                          (i) in subsection (a)(6), by striking ``and 
                      the Railroad Revitalization and Regulatory Reform 
                      Act of 1976 (45 U.S.C. 801 et seq.)'' and 
                      inserting ``, the Railroad Revitalization and 
                      Regulatory Reform Act of 1976 (45 U.S.C. 801 et 
                      seq.), and chapter 224 of this title''; and
                          (ii) in subsection (c)(2), by striking ``and 
                      the Railroad Revitalization and Regulatory Reform 
                      Act of 1976 (45 U.S.C. 801 et seq.)'' and 
                      inserting ``, the Railroad Revitalization and 
                      Regulatory Reform Act of 1976 (45 U.S.C. 801 et 
                      seq.), and chapter 224 of this title''.
SEC. 21302. <<NOTE: Deadline. Update. Public information. 49 USC 
                            22402 note.>>  SUBSTANTIVE CRITERIA 
                            AND STANDARDS.

    Not later than 180 days after the date of enactment of this Act, the 
Secretary shall update the publicly available credit program guide in 
accordance with the provisions of chapter 224 of title 49, United States 
Code, as added by section 21301.
SEC. 21303. <<NOTE: 49 USC 22402 note.>>  SEMIANNUAL REPORT ON 
                            TRANSIT-ORIENTED DEVELOPMENT 
                            ELIGIBILITY.

    Not later than 6 months after the date of enactment of this Act, and 
every 6 months thereafter, the Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives that identifies--
            (1) the number of applications submitted to the Department 
        for a direct loan or loan guarantee under section 22402(b)(1)(E) 
        of title 49, United States Code, as amended by section 21301;
            (2) the number of such loans or loan guarantees that were 
        provided to the applicants; and

[[Page 135 STAT. 694]]

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

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

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

Subtitle A <<NOTE: Time periods.>> --Authorization of Appropriations
SEC. 22101. GRANTS TO AMTRAK.

    (a) Northeast Corridor.--There are authorized to be appropriated to 
the Secretary for grants to Amtrak for activities associated with the 
Northeast Corridor the following amounts:
            (1) For fiscal year 2022, $1,570,000,000.
            (2) For fiscal year 2023, $1,100,000,000.
            (3) For fiscal year 2024, $1,200,000,000.
            (4) For fiscal year 2025, $1,300,000,000.
            (5) For fiscal year 2026, $1,400,000,000.

    (b) National Network.--There are authorized to be appropriated to 
the Secretary for grants to Amtrak for activities associated with the 
National Network the following amounts:
            (1) For fiscal year 2022, $2,300,000,000.
            (2) For fiscal year 2023, $2,200,000,000.
            (3) For fiscal year 2024, $2,450,000,000.
            (4) For fiscal year 2025, $2,700,000,000.
            (5) For fiscal year 2026, $3,000,000,000.

    (c) Oversight.--The Secretary may withhold up to 0.5 percent from 
the amount appropriated for each fiscal year pursuant to subsections (a) 
and (b) for the costs of oversight of Amtrak.
    (d) State-Supported Route Committee.--The Secretary may withhold up 
to $3,000,000 from the amount appropriated for each fiscal year pursuant 
to subsection (b) for use by the State-Supported Route Committee 
established under section 24712(a) of title 49, United States Code.
    (e) Northeast Corridor Commission.--The Secretary may withhold up to 
$6,000,000 from the amount appropriated for each fiscal year pursuant to 
subsection (a) for use by the Northeast Corridor Commission established 
under section 24905(a) of title 49, United States Code.
    (f) Interstate Rail Compacts.--The Secretary may withhold up to 
$3,000,000 from the amount appropriated for each fiscal year pursuant to 
subsection (b) for grants authorized under section 22910 of title 49, 
United States Code.
    (g) Accessibility Upgrades.--
            (1) <<NOTE: Determination. Compliance.>>  In general.--The 
        Secretary shall withhold $50,000,000 from the amount 
        appropriated for each fiscal year pursuant to subsections (a) 
        and (b) for grants to assist Amtrak in financing capital 
        projects to upgrade the accessibility of the national rail 
        passenger transportation system by increasing the number of 
        existing facilities that are compliant with the requirements 
        under the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.) until the Secretary determines

[[Page 135 STAT. 695]]

        Amtrak's existing facilities are in compliance with such 
        requirements.
            (2) Savings provision.--Nothing in paragraph (1) may be 
        construed to prevent Amtrak from using additional funds 
        appropriated pursuant to this section to carry out the 
        activities authorized under such paragraph.

    (h) Corridor Development.--In addition to the activities authorized 
under subsection (b), Amtrak may use up to 10 percent of the amounts 
appropriated under subsection (b) in each fiscal year to support Amtrak-
operated corridors selected under section 22306 for--
            (1) planning and capital costs; and
            (2) operating assistance consistent with the Federal funding 
        limitations under section 22908 of title 49, United States Code.
SEC. 22102. FEDERAL RAILROAD ADMINISTRATION.

    (a) Safety and Operations.--There are authorized to be appropriated 
to the Secretary for the operations of the Federal Railroad 
Administration and to carry out railroad safety activities the following 
amounts:
            (1) For fiscal year 2022, $248,000,000.
            (2) For fiscal year 2023, $254,000,000.
            (3) For fiscal year 2024, $263,000,000.
            (4) For fiscal year 2025, $271,000,000.
            (5) For fiscal year 2026, $279,000,000.

    (b) Railroad Research and Development.--There are authorized to be 
appropriated to the Secretary for the use of the Federal Railroad 
Administration for activities associated with railroad research and 
development the following amounts:
            (1) For fiscal year 2022, $43,000,000.
            (2) For fiscal year 2023, $44,000,000.
            (3) For fiscal year 2024, $45,000,000.
            (4) For fiscal year 2025, $46,000,000.
            (5) For fiscal year 2026, $47,000,000.

    (c) Transportation Technology Center.--The Secretary may withhold up 
to $3,000,000 from the amount appropriated for each fiscal year pursuant 
to subsection (b) for activities authorized under section 20108(d) of 
title 49, United States Code.
    (d) Rail Research and Development Center of Excellence.--The 
Secretary may withhold up to 10 percent of the amount appropriated for 
each fiscal year under subsection (b) for grants authorized under 
section 20108(j) of title 49, United States Code.
SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
                            IMPROVEMENTS GRANTS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary for grants under section 22907 of title 49, United States 
Code, $1,000,000,000 for each of fiscal years 2022 through 2026.
    (b) Oversight.--The Secretary may withhold up to 2 percent from the 
amount appropriated for each fiscal year pursuant to subsection (a) for 
the costs of project management oversight of grants authorized under 
title 49, United States Code.
SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM.

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

[[Page 135 STAT. 696]]

States Code, as added by section 22305, $500,000,000 for each of fiscal 
years 2022 through 2026.

    (b) Planning Projects.--Not less than 3 percent of the amount 
appropriated in each fiscal year pursuant to subsection (a) year shall 
be used for planning projects described in section 22909(d)(6) of title 
49, United States Code.
    (c) <<NOTE: Contracts. Grants.>>  Highway-rail Grade Crossing Safety 
Information and Education Program.--Of the amount appropriated under 
subsection (a) in each fiscal year, 0.25 percent shall be used for 
contracts or grants to carry out a highway-rail grade crossing safety 
information and education program--
            (1) to help prevent and reduce pedestrian, motor vehicle, 
        and other accidents, incidents, injuries, and fatalities; and
            (2) to improve awareness along railroad rights-of-way and at 
        highway-rail grade crossings.

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

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

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

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

                       Subtitle B--Amtrak Reforms

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

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

[[Page 135 STAT. 697]]

            (2) in paragraph (4), by striking ``to Amtrak to achieve a 
        performance level sufficient to justify expending public money'' 
        and inserting ``in order to meet the intercity passenger rail 
        needs of the United States'';
            (3) in paragraph (5)--
                    (A) by inserting ``intercity passenger and'' before 
                ``commuter''; and
                    (B) by inserting ``and rural'' after ``major 
                urban;'' and
            (4) by adding at the end the following:

    ``(9) Long-distance routes are valuable resources of the United 
States that are used by rural and urban communities.''.
    (b) Goals.--Section 24101(c) of title 49, United States Code, is 
amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) use its best business judgment in acting to maximize 
        the benefits of Federal investments, including--
                    ``(A) offering competitive fares;
                    ``(B) increasing revenue from the transportation of 
                mail and express;
                    ``(C) offering food service that meets the needs of 
                its customers;
                    ``(D) improving its contracts with rail carriers 
                over whose tracks Amtrak operates;
                    ``(E) controlling or reducing management and 
                operating costs; and
                    ``(F) providing economic benefits to the communities 
                it serves;'';
            (2) in paragraph (11), by striking ``and'' at the end;
            (3) in paragraph (12), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(13) support and maintain established long-distance routes 
        to provide value to the Nation by serving customers throughout 
        the United States and connecting urban and rural communities.''.

    (c) Increasing Revenues.--Section 24101(d) of title 49, United 
States Code, is amended to read as follows:
    ``(d) Increasing Revenues.--Amtrak is encouraged to make agreements 
with private sector entities and to undertake initiatives that are 
consistent with good business judgment and designed to generate 
additional revenues to advance the goals described in subsection (c).''.
SEC. 22202. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.

    (a) Selection; Composition; Chair.--Section 24302(a) of title 49, 
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``President'' 
                and inserting ``Chief Executive Officer''; and
                    (B) in subparagraph (C), by inserting ``, at least 1 
                of whom shall be an individual with a disability (as 
                defined in section 3 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12102)) who has a demonstrated 
                history of, or experience with, accessibility, mobility, 
                and inclusive transportation in passenger rail or 
                commuter rail'' before the period at the end;

[[Page 135 STAT. 698]]

            (2) in paragraph (2), by striking ``and try to provide 
        adequate and balanced representation of the major geographic 
        regions of the United States served by Amtrak'';
            (3) by redesignating paragraph (5) as paragraph (7); and
            (4) by striking paragraph (4) and inserting the following:
            ``(4) Of the individuals appointed pursuant to paragraph 
        (1)(C)--
                    ``(A) 2 individuals shall reside in or near a 
                location served by a regularly scheduled Amtrak service 
                along the Northeast Corridor;
                    ``(B) 4 individuals shall reside in or near regions 
                of the United States that are geographically distributed 
                outside of the Northeast Corridor, of whom--
                          ``(i) 2 individuals shall reside in States 
                      served by a long-distance route operated by 
                      Amtrak;
                          ``(ii) 2 individuals shall reside in States 
                      served by a State-supported route operated by 
                      Amtrak; and
                          ``(iii) an individual who resides in a State 
                      that is served by a State-supported route and a 
                      long-distance route may be appointed to serve 
                      either position referred to in clauses (i) and 
                      (ii);
                    ``(C) 2 individuals shall reside either--
                          ``(i) in or near a location served by a 
                      regularly scheduled Amtrak service on the 
                      Northeast Corridor; or
                          ``(ii) in a State served by long-distance or a 
                      State-supported route; and
                    ``(D) each individual appointed to the Board 
                pursuant to this paragraph may only fill 1 of the 
                allocations set forth in subparagraphs (A) through (C).
            ``(5) The Board shall elect a chairperson and vice 
        chairperson, other than the Chief Executive Officer of Amtrak, 
        from among its membership. The vice chairperson shall act as 
        chairperson in the absence of the chairperson.
            ``(6) The Board shall meet at least annually with--
                    ``(A) representatives of Amtrak employees;
                    ``(B) representatives of persons with disabilities; 
                and
                    ``(C) the general public, in an open meeting with a 
                virtual attendance option, to discuss financial 
                performance and service results.''.

    (b) <<NOTE: 49 USC 24302 note.>>  Rule of Construction.--None of the 
amendments made by subsection (a) may be construed as affecting the term 
of any director serving on the Amtrak Board of Directors under section 
24302(a)(1)(C) of title 49, United States Code, as of the date of 
enactment of this Act.
SEC. 22203. STATION AGENTS.

    Section 24312 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Availability of Station Agents.--
            ``(1) <<NOTE: Effective date.>>  In general.--Except as 
        provided in paragraph (2), beginning on the date that is 1 year 
        after the date of enactment of the Passenger Rail Expansion and 
        Rail Safety Act of 2021, Amtrak shall ensure that at least 1 
        Amtrak ticket agent is employed at each station building--

[[Page 135 STAT. 699]]

                    ``(A) that Amtrak owns, or operates service through, 
                as part of a long-distance or Northeast Corridor 
                passenger service route;
                    ``(B) where at least 1 Amtrak ticket agent was 
                employed on or after October 1, 2017; and
                    ``(C) for which an average of 40 passengers boarded 
                or deboarded an Amtrak train per day during all of the 
                days in fiscal year 2017 when the station was serviced 
                by Amtrak, regardless of the number of Amtrak trains 
                servicing the station per day.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        station building in which a commuter rail ticket agent has the 
        authority to sell Amtrak tickets.''.
SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG-
                            DISTANCE ROUTES AND OTHER INTERCITY 
                            SERVICES.

    (a) Amtrak Annual Operations Report.--Section 24315(a)(1) of title 
49, United States Code, is amended--
            (1) in subparagraph (G), by striking ``and'' at the end;
            (2) in subparagraph (H), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                    ``(I) any change made to a route's or service's 
                frequency or station stops;''.

    (b) 5-year Business Line Plans.--Section 24320(b)(2) of title 49, 
United States Code, is amended--
            (1) by redesignating subparagraphs (B) through (L) as 
        subparagraphs (C) through (M), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) a detailed description of any plans to 
                permanently change a route's or service's frequency or 
                station stops for the service line;''.
SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.

    Section 24317 of title 49, United States Code, is amended--
            (1) in subsection (a)(2), by striking ``and costs among 
        Amtrak business lines'' and inserting ``, including Federal 
        grant funds, and costs among Amtrak service lines'';
            (2) by amending subsection (b) to read as follows:

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

[[Page 135 STAT. 700]]

            (4) in subsection (d), in the matter preceding paragraph 
        (1), by inserting ``, maintaining, and updating'' after 
        ``defining'';
            (5) by amending subsection (e) to read as follows:

    ``(e) Implementation and Reporting.--
            ``(1) <<NOTE: Consultation.>>  In general.--Amtrak, in 
        consultation with the Secretary of Transportation, shall 
        maintain and implement any account structures and improvements 
        defined under subsection (b) to enable Amtrak to produce sources 
        and uses statements for each of the service lines described in 
        section 24320(b)(1) and, as appropriate, each of the asset lines 
        described in section 24320(c)(1), that identify sources and uses 
        of revenues, appropriations, and transfers between accounts.
            ``(2) <<NOTE: Deadline. Time period.>>  Updated sources and 
        uses statements.--Not later than 30 days after the 
        implementation of subsection (b), and monthly thereafter, Amtrak 
        shall submit to the Secretary of Transportation updated sources 
        and uses statements for each of the service lines and asset 
        lines referred to in paragraph (1). The Secretary and Amtrak may 
        agree to a different frequency of reporting.'';
            (6) by striking subsection (h); and
            (7) by redesignating subsection (i) as subsection (h).
SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.

    (a) Allocation of Costs and Revenues.--Section 24318(a) of title 49, 
United States Code, is amended by striking ``Not later than 180 days 
after the date of enactment of the Passenger Rail Reform and Investment 
Act of 2015,''.
    (b) Grant Process and Reporting.--Section 24319 of title 49, United 
States Code, is amended--
            (1) in the section heading, by inserting ``and reporting'' 
        after ``process'';
            (2) by amending subsection (a) to read as follows:

    ``(a) Procedures for Grant Requests.--The Secretary of 
Transportation shall--
            ``(1) <<NOTE: Requirements. Schedules.>>  establish and 
        maintain substantive and procedural requirements, including 
        schedules, for grant requests under this section; and
            ``(2) <<NOTE: Reports.>>  report any changes to such 
        procedures to--
                    ``(A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    ``(B) the Committee on Appropriations of the Senate;
                    ``(C) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    ``(D) the Committee on Appropriations of the House 
                of Representatives.'';
            (3) in subsection (b), by striking ``grant requests'' and 
        inserting ``a grant request annually, or as additionally 
        required,'';
            (4) by amending subsection (c) to read as follows:

    ``(c) Contents.--
            ``(1) In general.--Each grant request under subsection (b) 
        shall, as applicable--
                    ``(A) categorize and identify, by source, the 
                Federal funds and program income that will be used for 
                the upcoming fiscal year for each of the Northeast 
                Corridor and National Network in 1 of the categories or 
                subcategories set forth in paragraph (2);

[[Page 135 STAT. 701]]

                    ``(B) describe the operations, services, programs, 
                projects, and other activities to be funded within each 
                of the categories set forth in paragraph (2), 
                including--
                          ``(i) <<NOTE: Estimates.>>  the estimated 
                      scope, schedule, and budget necessary to complete 
                      each project and program; and
                          ``(ii) the performance measures used to 
                      quantify expected and actual project outcomes and 
                      benefits, aggregated by fiscal year, project 
                      milestone, and any other appropriate grouping; and
                    ``(C) describe the status of efforts to improve 
                Amtrak's safety culture.
            ``(2) Grant categories.--
                    ``(A) Operating expenses.--Each grant request to use 
                Federal funds for operating expenses shall--
                          ``(i) <<NOTE: Cost estimates.>>  include 
                      estimated net operating costs not covered by other 
                      Amtrak revenue sources;
                          ``(ii) specify Federal funding requested for 
                      each service line described in section 
                      24320(b)(1); and
                          ``(iii) be itemized by route.
                    ``(B) Debt service.--A grant request to use Federal 
                funds for expenses related to debt, including payment of 
                principle and interest, as allowed under section 205 of 
                the Passenger Rail Investment and Improvement Act of 
                2008 (Public Law 110-432; 49 U.S.C. 24101 note).
                    ``(C) Capital.--A grant request to use Federal funds 
                and program income for capital expenses shall include 
                capital projects and programs primarily associated 
                with--
                          ``(i) normalized capital replacement programs, 
                      including regularly recurring work programs 
                      implemented on a systematic basis on classes of 
                      physical railroad assets, such as track, 
                      structures, electric traction and power systems, 
                      rolling stock, and communications and signal 
                      systems, to maintain and sustain the condition and 
                      performance of such assets to support continued 
                      railroad operations;
                          ``(ii) improvement projects to support service 
                      and safety enhancements, including discrete 
                      projects implemented in accordance with a fixed 
                      scope, schedule, and budget that result in 
                      enhanced or new infrastructure, equipment, or 
                      facilities;
                          ``(iii) backlog capital replacement projects, 
                      including discrete projects implemented in 
                      accordance with a fixed scope, schedule, and 
                      budget that primarily replace or rehabilitate 
                      major infrastructure assets, including tunnels, 
                      bridges, stations, and similar assets, to reduce 
                      the state of good repair backlog on the Amtrak 
                      network;
                          ``(iv) strategic initiative projects, 
                      including discrete projects implemented in 
                      accordance with a fixed scope, schedule, and 
                      budget that primarily improve overall operational 
                      performance, lower costs, or otherwise improve 
                      Amtrak's corporate efficiency; and
                          ``(v) statutory, regulatory, or other legally 
                      mandated projects, including discrete projects 
                      implemented in accordance with a fixed scope, 
                      schedule, and budget that enable Amtrak to fulfill 
                      specific legal or regulatory mandates.

[[Page 135 STAT. 702]]

                    ``(D) Contingency.--A grant request to use Federal 
                funds for operating and capital expense contingency 
                shall include--
                          ``(i) contingency levels for specified 
                      activities and operations; and
                          ``(ii) a process for the utilization of such 
                      contingency.
            ``(3) Modification of categories.--The Secretary of 
        Transportation and Amtrak may jointly agree to modify the 
        categories set forth in paragraph (2) if such modifications are 
        necessary to improve the transparency, oversight, or delivery of 
        projects funded through grant requests under this section.'';
            (5) in subsection (d)(1)(A)--
                    (A) by inserting ``complete'' after ``submits a'';
                    (B) by striking ``shall complete'' and inserting 
                ``shall finish''; and
                    (C) in clause (ii), by striking ``incomplete or'';
            (6) in subsection (e)--
                    (A) in paragraph (1)--
                          (i) by striking ``and other activities to be 
                      funded by the grant'' and inserting ``programs, 
                      projects, and other activities to be funded by the 
                      grant, consistent with the categories required for 
                      Amtrak in a grant request under subsection 
                      (c)(1)(A)''; and
                          (ii) by striking ``or activities'' and 
                      inserting ``programs, projects, and other 
                      activities''; and
                    (B) in paragraph (3)--
                          (i) by redesignating subparagraphs (A) and (B) 
                      as subparagraphs (B) and (C), respectively; and
                          (ii) by inserting before subparagraph (B), as 
                      redesignated, the following:
                    ``(A) using an otherwise allowable approach to the 
                method prescribed for a specific project or category of 
                projects under paragraph (2) if the Secretary and Amtrak 
                agree that a different payment method is necessary to 
                more successfully implement and report on an operation, 
                service, program, project, or other activity;'';
            (7) by redesignating subsection (h) as subsection (j); and
            (8) by inserting after subsection (g) the following:

    ``(h) Applicable Laws and Regulations.--
            ``(1) Single audit act of 1984.--Notwithstanding section 
        24301(a)(3) of this title and section 7501(a)(13) of title 31, 
        Amtrak shall be deemed a `non-Federal entity' for purposes of 
        chapter 75 of title 31.
            ``(2) Regulations and guidance.--The Secretary of 
        Transportation may apply some or all of the requirements set 
        forth in the regulations and guidance promulgated by the 
        Secretary relating to the management, administration, cost 
        principles, and audit requirements for Federal awards.

    ``(i) <<NOTE: Determination.>>  Amtrak Grant Reporting.--The 
Secretary of Transportation shall determine the varying levels of detail 
and information that will be included in reports for operations, 
services, program, projects, program income, cash on hand, and other 
activities within each of the grant categories described in subsection 
(c)(2).''.

    (c) Conforming Amendments.--
            (1) Reports and audits.--Section 24315(b)(1) of title 49, 
        United States Code, is amended--

[[Page 135 STAT. 703]]

                    (A) in subparagraph (A), by striking ``the goal of 
                section 24902(b) of this title; and'' and inserting 
                ``the goal described in section 24902(a);'';
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) shall incorporate the category described in 
                section 24319(c)(2)(C).''.
            (2) Clerical amendment.--The analysis for chapter 243 of 
        title 49, United States Code, <<NOTE: 49 USC 24301 prec.>>  is 
        amended by striking the item relating to section 24319 and 
        inserting the following:

``24319. Grant process and reporting.''.

SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN 
                            TRANSPARENCY.

    (a) In General.--Section 24320 of title 49, United States Code, is 
amended--
            (1) in the section heading, by striking ``business line and 
        asset plans'' and inserting ``service line and asset line 
        plans'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by striking ``of each year'' and inserting 
                      ``, 2020, and biennially thereafter'';
                          (ii) by striking ``5-year business line plans 
                      and 5-year asset plans'' and inserting ``5-year 
                      service line plans and 5-year asset line plans''; 
                      and
                          (iii) <<NOTE: Updates.>>  by adding at the end 
                      the following: ``During each year in which Amtrak 
                      is not required to submit a plan under this 
                      paragraph, Amtrak shall submit to Congress updated 
                      financial sources and uses statements and 
                      forecasts with the annual report required under 
                      section 24315(b).''; and
                    (B) in paragraph (2), by striking ``asset plan 
                required in'' and inserting ``asset line plan required 
                under'';
            (3) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Business'' and inserting ``Service'';
                    (B) in paragraph (1)--
                          (i) in the paragraph heading, by striking 
                      ``business'' and inserting ``service'';
                          (ii) by striking ``business'' each place such 
                      term appears and inserting ``service'';
                          (iii) by amending subparagraph (B) to read as 
                      follows:
                    ``(B) Amtrak State-supported train services.'';
                          (iv) in subparagraph (C), by striking 
                      ``routes'' and inserting ``train services''; and
                          (v) by adding at the end the following:
                    ``(E) Infrastructure access services for use of 
                Amtrak-owned or Amtrak-controlled infrastructure and 
                facilities.'';
                    (C) in paragraph (2)--
                          (i) in the paragraph heading, by striking 
                      ``business'' and inserting ``service'';
                          (ii) by striking ``business'' each place such 
                      term appears and inserting ``service'';

[[Page 135 STAT. 704]]

                          (iii) in subparagraph (A), by striking 
                      ``Strategic Plan and 5-year asset plans'' and 
                      inserting ``5-year asset line plans'';
                          (iv) in subparagraph (F) (as redesignated by 
                      section 22204(b)(1)), by striking ``profit and 
                      loss'' and inserting ``sources and uses'';
                          (v) by striking subparagraph (G) (as 
                      redesignated by section 22204(b)(1));
                          (vi) by redesignating subparagraphs (H) 
                      through (M) (as redesignated by section 
                      22204(b)(1)) as subparagraphs (G) through (L), 
                      respectively; and
                          (vii) by amending subparagraph (I) (as so 
                      redesignated) to read as follows:
                    ``(I) financial performance for each route, if 
                deemed applicable by the Secretary, within each service 
                line, including descriptions of the cash operating loss 
                or contribution;'';
                    (D) in paragraph (3)--
                          (i) in the paragraph heading, by striking 
                      ``business'' and inserting ``service'';
                          (ii) by striking ``business'' each place such 
                      term appears and inserting ``service'';
                          (iii) by redesignating subparagraphs (A), (B), 
                      (C), and (D) as clauses (i), (ii), (iii), and 
                      (iv), respectively, and moving such clauses 2 ems 
                      to the right;
                          (iv) by inserting before clause (i), as 
                      redesignated, the following:
                    ``(A) <<NOTE: Deadline. Consultation.>>  not later 
                than 180 days after the date of enactment of the 
                Passenger Rail Expansion and Rail Safety Act of 2021, 
                submit to the Secretary, for approval, a consultation 
                process for the development of each service line plan 
                that requires Amtrak to--'';
                          (v) in subparagraph (A), as amended by clause 
                      (iv)--
                                    (I) in clause (iii), as 
                                redesignated, by inserting ``and submit 
                                the final service line plan required 
                                under subsection (a)(1) to the State-
                                Supported Route Committee'' before the 
                                semicolon at the end;
                                    (II) in clause (iv), as 
                                redesignated, by inserting ``and'' after 
                                the semicolon at the end; and
                                    (III) by adding at the end the 
                                following:
                          ``(v) for the infrastructure access service 
                      line plan, consult with the Northeast Corridor 
                      Commission and other entities, as appropriate, and 
                      submit the final asset line plan under subsection 
                      (a)(1) to the Northeast Corridor Commission;''; 
                      and
                          (vi) by redesignating subparagraphs (E) and 
                      (F) as subparagraphs (B) and (C), respectively;
                    (E) by redesignating paragraph (4) as paragraph (5); 
                and
                    (F) by inserting after paragraph (3)(C), as 
                redesignated, the following:
            ``(4) <<NOTE: Determination.>>  5-year service line plans 
        updates.--Amtrak may modify the content to be included in the 
        service line plans described in paragraph (1), upon the approval 
        of the Secretary, if the Secretary determines that such 
        modifications are necessary to improve the transparency, 
        oversight, and delivery

[[Page 135 STAT. 705]]

        of Amtrak services and the use of Federal funds by Amtrak.''; 
        and
            (4) in subsection (c)--
                    (A) in the subsection heading, by inserting ``Line'' 
                after ``Asset'';
                    (B) in paragraph (1)--
                          (i) in the paragraph heading, by striking 
                      ``categories'' and inserting ``lines'';
                          (ii) in the matter preceding subparagraph (A), 
                      by striking ``asset plan for each of the following 
                      asset categories'' and inserting ``asset line plan 
                      for each of the following asset lines'';
                          (iii) by redesignating subparagraphs (A), (B), 
                      (C), and (D) as subparagraphs (B), (C), (D), and 
                      (E), respectively;
                          (iv) by inserting before subparagraph (B), as 
                      redesignated, the following:
                    ``(A) Transportation, including activities and 
                resources associated with the operation and movement of 
                Amtrak trains, onboard services, and amenities.'';
                          (v) in subparagraph (B), as redesignated, by 
                      inserting ``and maintenance-of-way equipment'' 
                      after ``facilities''; and
                          (vi) in subparagraph (C), as redesignated, by 
                      striking ``Passenger rail equipment'' and 
                      inserting ``Equipment'';
                    (C) in paragraph (2)--
                          (i) in the paragraph heading, by inserting 
                      ``line'' after ``asset'';
                          (ii) in the matter preceding subparagraph (A), 
                      by inserting ``line'' after ``asset'';
                          (iii) in subparagraph (A), by striking 
                      ``category'' and inserting ``line'';
                          (iv) in subparagraph (C)(iii)(III), by 
                      striking ``and'' at the end;
                          (v) by amending subparagraph (D) to read as 
                      follows:
                    ``(D) annual sources and uses statements and 
                forecasts for each asset line; and''; and
                          (vi) by adding at the end the following:
                    ``(E) other elements that Amtrak elects to 
                include.'';
                    (D) in paragraph (3)--
                          (i) in the paragraph heading, by inserting 
                      ``line'' after ``asset'';
                          (ii) by redesignating subparagraphs (A) and 
                      (B) as clauses (i) and (ii) and moving such 
                      clauses 2 ems to the right;
                          (iii) by inserting before clause (i), as 
                      redesignated, the following:
                    ``(A) <<NOTE: Deadline. Consultation.>>  not later 
                than 180 days after the date of enactment of the 
                Passenger Rail Expansion and Rail Safety Act of 2021, 
                submit to the Secretary, for approval, a consultation 
                process for the development of each asset line plan that 
                requires Amtrak to--'';
                          (iv) in subparagraph (A), as added by clause 
                      (iii)--
                                    (I) in clause (i), as redesignated--

[[Page 135 STAT. 706]]

                                            (aa) by striking 
                                        ``business'' each place such 
                                        term appears and inserting 
                                        ``service'';
                                            (bb) by inserting ``line'' 
                                        after ``asset'' each place such 
                                        term appears; and
                                            (cc) by adding ``and'' at 
                                        the end; and
                                    (II) in clause (ii), as 
                                redesignated--
                                            (aa) by inserting ``consult 
                                        with the Secretary of 
                                        Transportation in the 
                                        development of asset line plans 
                                        and,'' before ``as applicable''; 
                                        and
                                            (bb) by inserting ``line'' 
                                        after ``5-year asset'';
                          (v) by redesignating subparagraph (C) as 
                      subparagraph (B); and
                          (vi) in subparagraph (B), as redesignated, by 
                      striking ``category'' and inserting ``line'';
                    (E) by redesignating paragraphs (4), (5), (6), and 
                (7) as paragraphs (5), (6), (7), and (8), respectively;
                    (F) by inserting after paragraph (3) the following:
            ``(4) <<NOTE: Determination.>>  5-year asset line plan 
        updates.--Amtrak may modify the content to be included in the 
        asset line plans described in paragraph (1), on approval of the 
        Secretary, if the Secretary determines that such modifications 
        are necessary to improve the transparency, oversight, and 
        delivery of Amtrak services and the use of Federal funds by 
        Amtrak.'';
                    (G) in paragraph (5)(A), as redesignated, by 
                inserting ``, but shall not include corporate services 
                (as defined pursuant to section 24317(b))'' after 
                ``national assets''; and
                    (H) in paragraph (7), as redesignated, by striking 
                ``paragraph (4)'' and inserting ``paragraph (5)''.

    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, <<NOTE: 49 USC 24301 prec.>>  is amended by striking 
the item relating to section 24320 and inserting the following:

``24320. Amtrak 5-year service line and asset line plans.''.

    (c) Effective Dates.--Section 11203(b) of the Passenger Rail Reform 
and Investment Act of 2015 (49 U.S.C. 24320 note) is amended--
            (1) by striking ``business'' each place such term appears 
        and inserting ``service''; and
            (2) by inserting ``line'' after ``asset'' each place such 
        term appears.
SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT.

    (a) In General.--Section 24305(c)(4) of title 49, United States 
Code, is amended by striking ``only if revenues from the services each 
year at least equal the cost of providing the services''.
    (b) Food and Beverage Service Working Group.--
            (1) In general.--Section 24321 of title 49, United States 
        Code, is amended to read as follows:
``Sec. 24321. Food and beverage service

    ``(a) Working Group.--
            ``(1) <<NOTE: Deadline.>>  Establishment.--Not later than 
        180 days after enactment of the Passenger Rail Expansion and 
        Rail Safety Act of 2021, Amtrak shall establish a working group 
        to provide recommendations to improve Amtrak's onboard food and 
        beverage service.

[[Page 135 STAT. 707]]

            ``(2) Membership.--The working group shall consist of 
        individuals representing--
                    ``(A) Amtrak;
                    ``(B) the labor organizations representing Amtrak 
                employees who prepare or provide on-board food and 
                beverage service;
                    ``(C) nonprofit organizations representing Amtrak 
                passengers; and
                    ``(D) States that are providing funding for State-
                supported routes.

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

    ``(c) <<NOTE: Deadline. Plan.>>  Implementation.--Not later than 180 
days after the submission of the report pursuant to subsection (b), 
Amtrak shall submit a plan for implementing the recommendations of the 
working group, and an explanation for any of the working group's 
recommendations it does not agree with and does not plan on implementing 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives.

    ``(d) Savings Clause.--Amtrak shall ensure that no Amtrak employee 
who held a position on a long-distance or Northeast Corridor route as of 
the date of enactment of the Passenger Rail Expansion and Rail Safety 
Act of 2021, is involuntarily separated because of the development and 
implementation of the plan required under this section.''.
            (2) Clerical amendment.--The analysis for chapter 243 of 
        title 49, United States Code, <<NOTE: 49 USC 24301 prec.>>  is 
        amended by striking the item relating to section 24321 and 
        inserting the following:

``24321. Food and beverage service.''.

SEC. 22209. AMTRAK SMOKING POLICY.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24323. <<NOTE: 49 USC 24323.>>  Prohibition on smoking on 
                    Amtrak trains

    ``(a) <<NOTE: 49 USC 24323.>>  Prohibition.--Beginning on the date 
of enactment of this section, Amtrak shall prohibit smoking, including 
the use of electronic cigarettes, onboard all Amtrak trains.

    ``(b) Electronic Cigarette Defined.--In this section, the term 
`electronic cigarette' means a device that delivers nicotine or other

[[Page 135 STAT. 708]]

substances to a user of the device in the form of a vapor that is 
inhaled to simulate the experience of smoking.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, <<NOTE: 49 USC 24301 prec.>>  is amended by adding 
at the end the following:

``24323. Prohibition on smoking on Amtrak trains.''.

SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES.

    Section 24706 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``subsection (b) of this 
        section, at least 180 days'' and inserting ``subsection (c), not 
        later than 180 days'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (e), respectively;
            (3) by inserting after subsection (a) the following:

    ``(b) Discontinuance or Substantial Alteration of Long-distance 
Routes.--Except as provided in subsection (c), in an emergency, or 
during maintenance or construction outages impacting Amtrak routes, 
Amtrak may not discontinue, reduce the frequency of, suspend, or 
substantially alter the route of rail service on any segment of any 
long-distance route in any fiscal year in which Amtrak receives adequate 
Federal funding for such route on the National Network.''; and
            (4) by inserting after subsection (c), as redesignated, the 
        following:

    ``(d) Congressional Notification of Discontinuance.--
Except <<NOTE: Deadline.>>  as provided in subsection (c), not later 
than 210 days before discontinuing service over a route, Amtrak shall 
give written notice of such discontinuance to all of the members of 
Congress representing any State or district in which the discontinuance 
would occur.''.
SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE.

    (a) State-Supported Route Committee.--Section 24712(a) of title 49, 
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Not later than 180 days after the 
                date of enactment of the Passenger Rail Reform and 
                Investment Act of 2015, the Secretary of Transportation 
                shall establish'' and inserting ``There is 
                established''; and
                    (B) by inserting ``current and future'' before 
                ``rail operations'';
            (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively;
            (3) by inserting after paragraph (3) the following:
            ``(4) Ability to conduct certain business.--If all of the 
        members of 1 voting bloc described in paragraph (3) abstain from 
        a Committee decision, agreement between the other 2 voting blocs 
        consistent with the procedures set forth in such paragraph shall 
        be deemed sufficient for purpose of achieving unanimous 
        consent.'';
            (4) in paragraph (5), as redesignated, in the matter 
        preceding subparagraph (A)--
                    (A) by striking ``convene a meeting and shall define 
                and implement'' and inserting ``define and periodically 
                update''; and

[[Page 135 STAT. 709]]

                    (B) by striking ``not later than 180 days after the 
                date of establishment of the Committee by the 
                Secretary''; and
            (5) in paragraph (7), as redesignated--
                    (A) in the paragraph heading, by striking 
                ``allocation methodology'' and inserting ``methodology 
                policy'';
                    (B) in subparagraph (A), by striking ``allocation 
                methodology'' and inserting ``methodology policy'';
                    (C) by amending subparagraph (B) to read as follows:
                    ``(B) Revisions to cost methodology policy.--
                          ``(i) <<NOTE: Deadline.>>  Requirement to 
                      revise and update.--Subject to rules and 
                      procedures established pursuant to clause (iii), 
                      not later than March 31, 2022, the Committee shall 
                      revise and update the cost methodology policy 
                      required and previously approved under section 209 
                      of the Passenger Rail Investment and Improvement 
                      Act of 2008 (49 U.S.C. 20901 note) <<NOTE: Time 
                      period.>> . The Committee shall implement a 
                      revised cost methodology policy during fiscal year 
                      2023. <<NOTE: Reports. Plans.>>  Not later than 30 
                      days after the adoption of the revised cost 
                      methodology policy, the Committee shall submit a 
                      report documenting and explaining any changes to 
                      the cost methodology policy and plans for 
                      implementation of such policy, including a 
                      description of the improvements to the accounting 
                      information provided by Amtrak to the States, to 
                      the Committee on Commerce, Science, and 
                      Transportation of the Senate and the Committee on 
                      Transportation and Infrastructure of the House of 
                      Representatives. The revised cost methodology 
                      policy shall ensure that States will be 
                      responsible for costs attributable to the 
                      provision of service for their routes.
                          ``(ii) Implementation impacts on federal 
                      funding.--To the extent that a revision developed 
                      pursuant to clause (i) assigns to Amtrak costs 
                      that were previously allocated to States, Amtrak 
                      shall request with specificity such additional 
                      funding in the general and legislative annual 
                      report required under section 24315 or in any 
                      appropriate subsequent Federal funding request for 
                      the fiscal year in which the revised cost 
                      methodology policy will be implemented.
                          ``(iii) Procedures for changing methodology.--
                      Notwithstanding section 209(b) of the Passenger 
                      Rail Investment and Improvement Act of 2008 (49 
                      U.S.C. 20901 note), the rules and procedures 
                      implemented pursuant to paragraph (5) shall 
                      include--
                                    ``(I) procedures for changing the 
                                cost methodology policy in accordance 
                                with clause (i); and
                                    ``(II) procedures or broad 
                                guidelines for conducting financial 
                                planning, including operating and 
                                capital forecasting, reporting, data 
                                sharing, and governance.'';
                    (D) in subparagraph (C)--
                          (i) in the matter preceding clause (i), by 
                      striking ``allocation methodology'' and inserting 
                      ``methodology policy'';
                          (ii) in clause (i), by striking ``and'' at the 
                      end;
                          (iii) in clause (ii)--

[[Page 135 STAT. 710]]

                                    (I) by striking ``allocate'' and 
                                inserting ``assign''; and
                                    (II) by striking the period and 
                                inserting ``; and''; and
                          (iv) by adding at the end the following:
                          ``(iii) promote increased efficiency in 
                      Amtrak's operating and capital activities.''; and
                    (E) by adding at the end the following:
                    
                ``(D) <<NOTE: Deadlines. Determination. Compliance.>>  
                Independent evaluation.--Not later than March 31 of each 
                year, the Committee shall ensure that an independent 
                entity selected by the Committee has completed an 
                evaluation to determine whether State payments for the 
                most recently concluded fiscal year are accurate and 
                comply with the applicable cost allocation 
                methodology.''.

    (b) Invoices and Reports.--Section 24712(b) of title 49, United 
States Code, is amended to read as follows:
    ``(b) Invoices and Reports.--
            ``(1) <<NOTE: Time period.>>  Invoices.--Amtrak shall 
        provide monthly invoices to the Committee and to each State that 
        sponsors a State-supported route that identify the operating 
        costs for such route, including fixed costs and third-party 
        costs.
            ``(2) Reports.--
                    ``(A) <<NOTE: Determination.>>  In general.--The 
                Committee shall determine the frequency and contents 
                of--
                          ``(i) the financial and performance reports 
                      that Amtrak is required to provide to the 
                      Committee and the States; and
                          ``(ii) the planning and demand reports that 
                      the States are required to provide to the 
                      Committee and Amtrak.
                    ``(B) Monthly statistical report.--
                          ``(i) Development.--Consistent with the 
                      revisions to the policy required under subsection 
                      (a)(7)(B), the Committee shall develop a report 
                      that contains the general ledger data and 
                      operating statistics from Amtrak's accounting 
                      systems used to calculate payments to States.
                          ``(ii) <<NOTE: Deadlines.>>  Provision of 
                      necessary data.--Not later than 30 days after the 
                      last day of each month, Amtrak shall provide to 
                      the States and to the Committee the necessary data 
                      to complete the report developed pursuant to 
                      clause (i) for such month.''.

    (c) Dispute Resolution.--Section 24712(c) of title 49, United States 
Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(a)(4)'' and inserting ``(a)(5)''; 
                and
                    (B) by striking ``(a)(6)'' and inserting ``(a)(7)''; 
                and
            (2) in paragraph (4), by inserting ``related to a State-
        supported route that a State sponsors that is'' after 
        ``amount''.

    (d) Performance Metrics.--Section 24712(e) of title 49, United 
States Code, is amended by inserting ``, including incentives to 
increase revenue, reduce costs, finalize contracts by the beginning of 
the fiscal year, and require States to promptly make payments for 
services delivered'' before the period at the end.
    (e) Statement of Goals and Objectives.--Section 24712(f) of title 
49, United States Code, is amended--

[[Page 135 STAT. 711]]

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

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

    ``(g) New State-supported Routes.--
            ``(1) Consultation.--In developing a new State-supported 
        route, Amtrak shall consult with--
                    ``(A) the State or States and local municipalities 
                through which such new service would operate;
                    ``(B) commuter authorities and regional 
                transportation authorities in the areas that would be 
                served by the planned route;
                    ``(C) host railroads;
                    ``(D) the Administrator of the Federal Railroad 
                Administration; and
                    ``(E) other stakeholders, as appropriate.
            ``(2) <<NOTE: Memorandums.>>  State commitments.--
        Notwithstanding any other provision of law, before beginning 
        construction necessary for, or beginning operation of, a State-
        supported route that is initiated on or after the date of 
        enactment of the Passenger Rail Expansion and Rail Safety Act of 
        2021, Amtrak shall enter into a memorandum of understanding, or 
        otherwise secure an agreement, with each State that would be 
        providing funding for such route for sharing--
                    ``(A) ongoing operating costs and capital costs in 
                accordance with the cost methodology policy referred to 
                in subsection (a)(7) then in effect; or
                    ``(B) ongoing operating costs and capital costs in 
                accordance with the maximum funding limitations 
                described in section 22908(e).
            ``(3) Application of terms.--In this subsection, the terms 
        `capital costs' and `operating costs' shall apply in the same 
        manner as such terms apply under the cost methodology policy 
        developed pursuant to subsection (a)(7).

    ``(h) Cost Methodology Policy Update Implementation 
Report. <<NOTE: Assessment.>> --Not later than 18 months after the 
updated cost methodology policy required under subsection (a)(7)(B) is 
implemented,

[[Page 135 STAT. 712]]

the Committee shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
assesses the implementation of the updated policy.

    ``(i) Identification of State-supported Route Changes.--Amtrak 
shall--
            ``(1) <<NOTE: Deadline. Consultation.>>  not later than 120 
        days before the submission of the general and legislative annual 
        report required under section 24315(b), consult with the 
        Committee and any additional States through which a State-
        supported route may operate regarding any proposed changes to 
        such route; and
            ``(2) <<NOTE: Update.>>  include in such report an update of 
        any planned or proposed changes to State-supported routes, 
        including the introduction of new State-supported routes, 
        including--
                    ``(A) the timeframe in which such changes would take 
                effect; and
                    ``(B) whether Amtrak has entered into commitments 
                with the affected States pursuant subsection (g)(2).

    ``(j) <<NOTE: Reports.>>  Economic Analysis.--Not later than 3 years 
after the date of enactment of the Passenger Rail Expansion and Rail 
Safety Act of 2021, the Committee shall submit a report to the Committee 
on Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
that--
            ``(1) describes the role of the State-supported routes in 
        economic development; and
            ``(2) <<NOTE: Examination.>>  examines the impacts of the 
        State-supported routes on local station areas, job creation, 
        transportation efficiency, State economies, and the national 
        economy.''.
SEC. 22212. ENHANCING CROSS BORDER SERVICE.

    (a) <<NOTE: Consultation. Reports. Canada.>>  In General.--Not later 
than 1 year after the date of enactment of this Act, Amtrak, after 
consultation with the Secretary, the Secretary of Homeland Security, 
relevant State departments of transportation, Canadian governmental 
agencies and entities, and owners of the relevant rail infrastructure 
and facilities, shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
regarding enhancing Amtrak passenger rail service between the United 
States and Canada that--
            (1) identifies challenges to Amtrak operations in Canada, 
        including delays associated with custom and immigration 
        inspections in both the United States and Canada; and
            (2) <<NOTE: Recommenda- tions.>>  includes recommendations 
        to improve such cross border service, including the feasibility 
        of and costs associated with a preclearance facility or 
        facilities.

    (b) <<NOTE: Determination.>>  Assistance and Support.--The 
Secretary, the Secretary of State, and the Secretary of Homeland 
Security may provide assistance and support requested by Amtrak that is 
necessary to carry out this section, as determined appropriate by the 
respective Secretary.
SEC. 22213. CREATING QUALITY JOBS.

    Section 121 of the Amtrak Reform and Accountability Act of 1997 (49 
U.S.C. 24312 note) is amended--
            (1) by redesignating subsection (d) as subsection (f); and
            (2) by inserting after subsection (c) the following:

[[Page 135 STAT. 713]]

    ``(d) Furloughed Work.--Amtrak may not contract out work within the 
classification of work performed by an employee in a bargaining unit 
covered by a collective bargaining agreement entered into between Amtrak 
and an organization representing Amtrak employees during the period such 
employee has been laid off and has not been recalled to perform such 
work.
    ``(e) Agreement Prohibitions on Contracting Out.--This section does 
not--
            ``(1) supersede a prohibition or limitation on contracting 
        out work covered by an agreement entered into between Amtrak and 
        an organization representing Amtrak employees; or
            ``(2) prohibit Amtrak and an organization representing 
        Amtrak employees from entering into an agreement that allows for 
        contracting out the work of a furloughed employee that would 
        otherwise be prohibited under subsection (d).''.
SEC. 22214. <<NOTE: Evaluations.>>  AMTRAK DAILY LONG-DISTANCE 
                            SERVICE STUDY.

    (a) In General.--The Secretary shall conduct a study to evaluate the 
restoration of daily intercity rail passenger service along--
            (1) any Amtrak long-distance routes that, as of the date of 
        enactment of this Act, were discontinued; and
            (2) any Amtrak long-distance routes that, as of the date of 
        enactment of this Act, occur on a nondaily basis.

    (b) Inclusions.--The study under subsection (a) shall--
            (1) evaluate all options for restoring or enhancing to 
        daily-basis intercity rail passenger service along each Amtrak 
        route described in that subsection;
            (2) select a preferred option for restoring or enhancing the 
        service described in paragraph (1);
            (3) <<NOTE: Cost estimates.>>  develop a prioritized 
        inventory of capital projects and other actions that are 
        required to restore or enhance the service described in 
        paragraph (1), including cost estimates for those projects and 
        actions;
            (4) <<NOTE: Recommenda- tions.>>  develop recommendations 
        for methods by which Amtrak could work with local communities 
        and organizations to develop activities and programs to 
        continuously improve public use of intercity passenger rail 
        service along each route; and
            (5) identify Federal and non-Federal funding sources 
        required to restore or enhance the service described in 
        paragraph (1), including--
                    (A) increased Federal funding for Amtrak based on 
                applicable reductions or discontinuations in service; 
                and
                    (B) options for entering into public-private 
                partnerships to restore that service.

    (c) Other Factors When Considering Expansions.--In evaluating 
intercity passenger rail routes under this section, the Secretary may 
evaluate potential new Amtrak long-distance routes, including with 
specific attention provided to routes in service as of April 1971 but 
not continued by Amtrak, taking into consideration whether those new 
routes would--
            (1) link and serve large and small communities as part of a 
        regional rail network;
            (2) advance the economic and social well-being of rural 
        areas of the United States;
            (3) provide enhanced connectivity for the national long-
        distance passenger rail system; and

[[Page 135 STAT. 714]]

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

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

    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that includes--
            (1) the preferred options selected under subsection (b)(2), 
        including the reasons for selecting each option;
            (2) the information described in subsection (b)(3);
            (3) the funding sources identified pursuant to subsection 
        (b)(5);
            (4) <<NOTE: Cost estimates.>>  the estimated costs and 
        public benefits of restoring or enhancing intercity rail 
        passenger transportation in the region impacted for each 
        relevant Amtrak route; and
            (5) <<NOTE: Determination.>>  any other information the 
        Secretary determines to be appropriate.

    (f) Funding.--There are authorized to be appropriated to the 
Secretary to conduct the study under this section and to carry out the 
consultations required by subsection (d)--
            (1) $7,500,000 for fiscal year 2022; and
            (2) $7,500,000 for fiscal year 2023.

               Subtitle C--Intercity Passenger Rail Policy

SEC. 22301. NORTHEAST CORRIDOR PLANNING.

    Section 24904 of title 49, United States Code, is amended--
            (1) by striking subsections (a) and (d);
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (3) by inserting before subsection (c), as redesignated, the 
        following:

    ``(a) Northeast Corridor Service Development Plan.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than March 
        31, 2022, the Northeast Corridor Commission established under 
        section 24905 (referred to in this section as the `Commission') 
        shall submit a service development plan to Congress.
            ``(2) <<NOTE: Stratagies.>>  Contents.--The plan required 
        under paragraph (1) shall--

[[Page 135 STAT. 715]]

                    ``(A) identify key state-of-good-repair, capacity 
                expansion, and capital improvement projects planned for 
                the Northeast Corridor;
                    ``(B) <<NOTE: Time period.>>  provide a coordinated 
                and consensus-based plan covering a 15-year period;
                    ``(C) identify service objectives and the capital 
                investments required to meet such objectives;
                    ``(D) provide a delivery-constrained strategy that 
                identifies--
                          ``(i) capital investment phasing;
                          ``(ii) <<NOTE: Evaluation.>>  an evaluation of 
                      workforce needs; and
                          ``(iii) strategies for managing resources and 
                      mitigating construction impacts on operations; and
                    ``(E) include a financial strategy that identifies 
                funding needs and potential funding sources.
            ``(3) <<NOTE: Time period.>>  Updates.--The Commission shall 
        update the service development plan not less frequently than 
        once every 5 years.

    ``(b) Northeast Corridor Capital Investment Plan.--
            ``(1) <<NOTE: Deadlines.>>  In general.--Not later than 
        November 1 of each year, the Commission shall--
                    ``(A) develop an annual capital investment plan for 
                the Northeast Corridor; and
                    ``(B) submit the capital investment plan to--
                          ``(i) the Secretary of Transportation;
                          ``(ii) the Committee on Commerce, Science, and 
                      Transportation of the Senate; and
                          ``(iii) the Committee on Transportation and 
                      Infrastructure of the House of Representatives.
            ``(2) Contents.--The plan required under paragraph (1) 
        shall--
                    ``(A) reflect coordination across the entire 
                Northeast Corridor;
                    ``(B) integrate the individual capital plans 
                developed by Amtrak, States, and commuter authorities in 
                accordance with the cost allocation policy developed and 
                approved under section 24905(c);
                    ``(C) <<NOTE: Time period.>>  cover a period of 5 
                fiscal years, beginning with the fiscal year during 
                which the plan is submitted;
                    ``(D) notwithstanding section 24902(b), document the 
                projects and programs being undertaken to advance the 
                service objectives and capital investments identified in 
                the Northeast Corridor service development plan 
                developed under subsection (a), and the asset condition 
                needs identified in the Northeast Corridor asset 
                management plans, after considering--
                          ``(i) the benefits and costs of capital 
                      investments in the plan;
                          ``(ii) project and program readiness;
                          ``(iii) the operational impacts; and
                          ``(iv) Federal and non-Federal funding 
                      availability;
                    ``(E) categorize capital projects and programs as 
                primarily associated with 1 of the categories listed 
                under section 24319(c)(2)(C);
                    ``(F) identify capital projects and programs that 
                are associated with more than 1 category described in 
                subparagraph (E); and
                    ``(G) include a financial plan that identifies--

[[Page 135 STAT. 716]]

                          ``(i) funding sources and financing methods;
                          ``(ii) the status of cost sharing agreements 
                      pursuant to the cost allocation policy developed 
                      under section 24905(c);
                          ``(iii) the projects and programs that the 
                      Commission expects will receive Federal financial 
                      assistance; and
                          ``(iv) the eligible entity or entities that 
                      the Commission expects--
                                    ``(I) to receive the Federal 
                                financial assistance referred to in 
                                clause (iii); and
                                    ``(II) to implement each capital 
                                project.
            ``(3) <<NOTE: Requirements.>>  Review and coordination.--The 
        Commission shall require that the information described in 
        paragraph (2) be submitted in a timely manner to allow for a 
        reasonable period of review by, and coordination with, affected 
        agencies before the Commission submits the capital investment 
        plan pursuant to paragraph (1).'';
            (4) in subsection (c), as redesignated, by striking ``spent 
        only on--'' and all that follows and inserting ``spent only on 
        capital projects and programs contained in the Commission's 
        capital investment plan for the prior fiscal year.''; and
            (5) by amending subsection (d), as redesignated, to read as 
        follows:

    ``(d) Northeast Corridor Capital Asset Management System.--
            ``(1) <<NOTE: Update.>>  In general.--Amtrak and other 
        infrastructure owners that provide or support intercity rail 
        passenger transportation along the Northeast Corridor shall 
        develop an asset management system and use and update such 
        system, as necessary, to develop submissions to the Northeast 
        Corridor capital investment plan described in subsection (b).
            ``(2) Features.--The system required under paragraph (1) 
        shall develop submissions that--
                    ``(A) are consistent with the transit asset 
                management system (as defined in section 5326(a)(3)); 
                and
                    ``(B) include--
                          ``(i) <<NOTE: Inventory.>>  an inventory of 
                      all capital assets owned by the developer of the 
                      plan;
                          ``(ii) <<NOTE: Assessment.>>  an assessment of 
                      condition of such capital assets;
                          ``(iii) a description of the resources and 
                      processes that will be necessary to bring or to 
                      maintain such capital assets in a state of good 
                      repair; and
                          ``(iv) a description of changes in the 
                      condition of such capital assets since the 
                      submission of the prior version of the plan.''.
SEC. 22302. NORTHEAST CORRIDOR COMMISSION.

    Section 24905 of title 49, United States Code, is amended--
            (1) in subsection (a)(1)(D), by inserting ``authorities'' 
        after ``carriers'';
            (2) in subsection (b)(3)(B)--
                    (A) in clause (i)--
                          (i) by inserting ``, including ridership 
                      trends,'' after ``transportation''; and
                          (ii) by striking ``and'' at the end;

[[Page 135 STAT. 717]]

                    (B) in clause (ii)--
                          (i) by inserting ``first year of the'' after 
                      ``the delivery of the''; and
                          (ii) by striking the period at the end and 
                      inserting ``; and''; and
                    (C) by adding at the end the following:
                          ``(iii) progress in assessing and eliminating 
                      the state-of-good-repair backlog.'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) in the paragraph heading, by striking 
                      ``Development of policy'' and inserting 
                      ``Policy'';
                          (ii) in subparagraph (A), by striking 
                      ``develop a standardized policy'' and inserting 
                      ``develop and maintain the standardized policy 
                      first approved on September 17, 2015, and update, 
                      as appropriate,'';
                          (iii) by amending subparagraph (B) to read as 
                      follows:
                    ``(B) develop timetables for implementing and 
                maintaining the policy;'';
                          (iv) in subparagraph (C), by striking ``the 
                      policy and the timetable'' and inserting ``updates 
                      to the policy and timetables''; and
                          (v) by amending subparagraph (D) to read as 
                      follows:
                    ``(D) support the efforts of the members of the 
                Commission to implement the policy in accordance with 
                the timetables developed pursuant to subparagraph 
                (B);'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Implementation.--
                    ``(A) In general.--In accordance with the timetables 
                developed pursuant to paragraph (1)(B), Amtrak and 
                commuter authorities on the Northeast Corridor shall 
                implement the policy developed under paragraph (1) in 
                their agreements for usage of facilities or services.
                    ``(B) Effect of failure to implement or comply with 
                policy.--If the entities referred to in subparagraph (A) 
                fail to implement the policy in accordance with 
                paragraph (1)(D) or fail to comply with the policy 
                thereafter, the Surface Transportation Board shall--
                          ``(i) <<NOTE: Determination.>>  determine the 
                      appropriate compensation in accordance with the 
                      procedures and procedural schedule applicable to a 
                      proceeding under section 24903(c), after taking 
                      into consideration the policy developed under 
                      paragraph (1); and
                          ``(ii) <<NOTE: Enforcement.>>  enforce its 
                      determination on the party or parties involved.''; 
                      and
                    (C) in paragraph (4), by striking ``public 
                authorities providing commuter rail passenger 
                transportation'' and inserting ``commuter authorities''; 
                and
            (4) in subsection (d)--
                    (A) by striking ``2016 through 2020'' and inserting 
                ``2022 through 2026''; and
                    (B) by striking ``section 11101(g) of the Passenger 
                Rail Reform and Investment Act of 2015'' and inserting 
                ``section 22101(e) of the Passenger Rail Expansion and 
                Rail Safety Act of 2021''.

[[Page 135 STAT. 718]]

SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
                            IMPROVEMENTS.

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

    (b) <<NOTE: 49 USC 22907 note.>>  Rule of Construction.--The 
amendments made by subsection (a) may not be construed to affect any 
grant, including any application for a grant, made under section 22907 
of title 49, United States Code, before the date of enactment of this 
Act.

    (c) Technical Correction.--
            (1) In general.--Section 22907(l)(1)(A) of title 49, United 
        States Code, is amended by inserting ``, including highway 
        construction over rail facilities as an alternative to 
        construction or improvement of a highway-rail grade crossing,'' 
        after ``under chapter 227''.
            (2) <<NOTE: 49 USC 22907 note.>>  Applicability.--The 
        amendment made by paragraph (1) shall apply to amounts remaining 
        under section 22907(l)

[[Page 135 STAT. 719]]

        of title 49, United States Code, from appropriations for prior 
        fiscal years.
SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS.

    Section 22908 of title 49, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:

    ``(a) Definitions.--In this section:
            ``(1) Applicant.--Notwithstanding section 22901(1), the term 
        `applicant' means--
                    ``(A) a State, including the District of Columbia;
                    ``(B) a group of States;
                    ``(C) an entity implementing an interstate compact;
                    ``(D) a public agency or publicly chartered 
                authority established by 1 or more States;
                    ``(E) a political subdivision of a State;
                    ``(F) a federally recognized Indian Tribe;
                    ``(G) Amtrak or another rail carrier that provides 
                intercity rail passenger transportation;
                    ``(H) any rail carrier in partnership with at least 
                1 of the entities described in subparagraphs (A) through 
                (F); and
                    ``(I) any combination of the entities described in 
                subparagraphs (A) through (F).
            ``(2) Operating assistance.--The term `operating 
        assistance', with respect to any route subject to section 209 of 
        the Passenger Rail Investment and Improvement Act of 2008 
        (Public Law 110-432), means any cost allocated, or that may be 
        allocated, to a route pursuant to the cost methodology 
        established under such section or under section 24712.'';
            (2) in subsection (c)(3), by striking ``3 years'' each place 
        such term appears and inserting ``6 years'';
            (3) in subsection (d)--
                    (A) in paragraph (8), by striking ``and'';
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(10) for routes selected under the Corridor Identification 
        and Development Program and operated by Amtrak.''; and
            (4) in subsection (e)--
                    (A) in paragraph (1)--
                          (i) by striking ``assistance''; and
                          (ii) by striking ``3 years'' and inserting ``6 
                      years (including for any such routes selected for 
                      funding before the date of enactment of the 
                      Passenger Rail Expansion and Rail Safety Act of 
                      2021)''; and
                    (B) in paragraph (3), by striking subparagraphs (A), 
                (B), and (C) and inserting the following:
                    ``(A) 90 percent of the projected net operating 
                costs for the first year of service;
                    ``(B) 80 percent of the projected net operating 
                costs for the second year of service;
                    ``(C) 70 percent of the projected net operating 
                costs for the third year of service;
                    ``(D) 60 percent of the projected net operating 
                costs for the fourth year of service;
                    ``(E) 50 percent of the projected net operating 
                costs for the fifth year of service; and

[[Page 135 STAT. 720]]

                    ``(F) 30 percent of the projected net operating 
                costs for the sixth year of service.''.
SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM.

    (a) In General.--Chapter 229 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 22909. <<NOTE: Grants. 49 USC 22909.>>  Railroad Crossing 
                    Elimination Program

    ``(a) In General.--The Secretary of Transportation, in cooperation 
with the Administrator of the Federal Railroad Administration, shall 
establish a competitive grant program (referred to in this section as 
the `Program') under which the Secretary shall award grants to eligible 
recipients described in subsection (c) for highway-rail or pathway-rail 
grade crossing improvement projects that focus on improving the safety 
and mobility of people and goods.
    ``(b) Goals.--The goals of the Program are--
            ``(1) to eliminate highway-rail grade crossings that are 
        frequently blocked by trains;
            ``(2) to improve the health and safety of communities;
            ``(3) to reduce the impacts that freight movement and 
        railroad operations may have on underserved communities; and
            ``(4) to improve the mobility of people and goods.

    ``(c) Eligible Recipients.--The following entities are eligible to 
receive a grant under this section:
            ``(1) A State, including the District of Columbia, Puerto 
        Rico, and other United States territories and possessions.
            ``(2) A political subdivision of a State.
            ``(3) A federally recognized Indian Tribe.
            ``(4) A unit of local government or a group of local 
        governments.
            ``(5) A public port authority.
            ``(6) A metropolitan planning organization.
            ``(7) A group of entities described in any of paragraphs (1) 
        through (6).

    ``(d) Eligible Projects.--The Secretary may award a grant under the 
Program for a highway-rail or pathway-rail grade crossing improvement 
project (including acquiring real property interests) involving--
            ``(1) grade separation or closure, including through the use 
        of a bridge, embankment, tunnel, or combination thereof;
            ``(2) track relocation;
            ``(3) the improvement or installation of protective devices, 
        signals, signs, or other measures to improve safety, provided 
        that such activities are related to a separation or relocation 
        project described in paragraph (1) or (2);
            ``(4) other means to improve the safety and mobility of 
        people and goods at highway-rail grade crossings (including 
        technological solutions);
            ``(5) a group of related projects described in paragraphs 
        (1) through (4) that would collectively improve the mobility of 
        people and goods; or
            ``(6) the planning, environmental review, and design of an 
        eligible project described in paragraphs (1) through (5).

    ``(e) Application Process.--
            ``(1) In general.--An eligible entity seeking a grant under 
        the Program shall submit an application to the Secretary at

[[Page 135 STAT. 721]]

        such time, in such manner, and containing such information as 
        the Secretary may require.
            ``(2) Railroad approvals.--
                    ``(A) <<NOTE: Requirements.>>  In general.--Except 
                as provided in subparagraph (B), the Secretary shall 
                require applicants to obtain the necessary approvals 
                from any impacted rail carriers or real property owners 
                before proceeding with the construction of a project 
                funded by a grant under the Program.
                    ``(B) Exception.--The requirement under subparagraph 
                (A) shall not apply to planning projects described in 
                subsection (d)(6) if the applicant agrees to work 
                collaboratively with rail carriers and right-of-way 
                owners.

    ``(f) Project Selection Criteria.--
            ``(1) <<NOTE: Evaluation.>>  In general.--In awarding grants 
        under the Program, the Secretary shall evaluate the extent to 
        which proposed projects would--
                    ``(A) improve safety at highway-rail or pathway-rail 
                grade crossings;
                    ``(B) grade separate, eliminate, or close highway-
                rail or pathway-rail grade crossings;
                    ``(C) improve the mobility of people and goods;
                    ``(D) reduce emissions, protect the environment, and 
                provide community benefits, including noise reduction;
                    ``(E) improve access to emergency services;
                    ``(F) provide economic benefits; and
                    ``(G) improve access to communities separated by 
                rail crossings.
            ``(2) Additional considerations.--In awarding grants under 
        the Program, the Secretary shall consider--
                    ``(A) the degree to which the proposed project will 
                use--
                          ``(i) innovative technologies;
                          ``(ii) innovative design and construction 
                      techniques; or
                          ``(iii) construction materials that reduce 
                      greenhouse gas emissions;
                    ``(B) the applicant's planned use of contracting 
                incentives to employ local labor, to the extent 
                permissible under Federal law;
                    ``(C) whether the proposed project will improve the 
                mobility of--
                          ``(i) multiple modes of transportation, 
                      including ingress and egress from freight 
                      facilities; or
                          ``(ii) users of nonvehicular modes of 
                      transportation, such as pedestrians, bicyclists, 
                      and public transportation;
                    ``(D) whether the proposed project is identified 
                in--
                          ``(i) the freight investment plan component of 
                      a State freight plan, as required under section 
                      70202(b)(9);
                          ``(ii) a State rail plan prepared in 
                      accordance with chapter 227; or
                          ``(iii) a State highway-rail grade crossing 
                      action plan, as required under section 11401(b) of 
                      the Passenger Rail Reform and Investment Act of 
                      2015 (title XI of Public Law 114-94); and
                    ``(E) the level of financial support provided by 
                impacted rail carriers.

[[Page 135 STAT. 722]]

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

    ``(g) Cost Share.--Except as provided in paragraph (2), the Federal 
share of the cost of a project carried out using a grant under the 
Program may not exceed 80 percent of the total cost of the project. 
Applicants may count costs incurred for preliminary engineering 
associated with highway-rail and pathway-rail grade crossing improvement 
projects as part of the total project costs.
    ``(h) <<NOTE: Deadline.>>  Congressional Notification.--Not later 
than 3 days before awarding a grant for a project under the Program, the 
Secretary shall submit written notification of the proposed grant to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives, which shall include--
            ``(1) <<NOTE: Summary.>>  a summary of the project; and
            ``(2) the amount of the proposed grant award.

    ``(i) <<NOTE: Web posting. Public information. Lists.>>  Annual 
Report.--Not later than 60 days after each round of award notifications, 
the Secretary shall post, on the public website of the Department of 
Transportation--
            ``(1) a list of all eligible applicants that submitted an 
        application for funding under the Program during the current 
        fiscal year;
            ``(2) a list of the grant recipients and projects that 
        received grant funding under the Program during such fiscal 
        year; and
            ``(3) a list of the proposed projects and applicants that 
        were determined to be ineligible.

    ``(j) Commuter Rail Eligibility and Grant Conditions.--
            ``(1) In general.--Section 22905(f) shall not apply to 
        grants awarded under this section for commuter rail passenger 
        transportation projects.
            ``(2) Administration of funds.--The Secretary of 
        Transportation shall transfer amounts awarded under this section 
        for commuter rail passenger transportation projects to

[[Page 135 STAT. 723]]

        the Federal Transit Administration, which shall administer such 
        funds in accordance with chapter 53.
            ``(3) Protective arrangements.--
                    ``(A) In general.--Notwithstanding paragraph (2) and 
                section 22905(e)(1), as a condition of receiving a grant 
                under this section, any employee covered by the Railway 
                Labor Act (45 U.S.C. 151 et seq.) and the Railroad 
                Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is 
                adversely affected by actions taken in connection with 
                the project financed in whole or in part by such grant 
                shall be covered by employee protective arrangements 
                required to be established under section 22905(c)(2)(B).
                    ``(B) Implementation.--A grant recipient under this 
                section, and the successors, assigns, and contractors of 
                such grant recipient--
                          ``(i) shall be bound by the employee 
                      protective arrangements required under 
                      subparagraph (A); and
                          ``(ii) shall be responsible for the 
                      implementation of such arrangements and for the 
                      obligations under such arrangements, but may 
                      arrange for another entity to take initial 
                      responsibility for compliance with the conditions 
                      of such arrangement.

    ``(k) Defined Term.--In this section, the term `rural area' means 
any area that is not within an area designated as an urbanized area by 
the Bureau of the Census.''.
    (b) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, <<NOTE: 49 USC 22901 prec.>>  is amended by adding 
at the end the following:

``22909. Railroad Crossing Elimination Program.''.

SEC. 22306. INTERSTATE RAIL COMPACTS.

    (a) In General.--Chapter 229 of title 49, United States Code (as 
amended by section 22305(a)), is further amended by adding at the end 
the following:
``Sec. 22910. <<NOTE: 49 USC 22910.>>  Interstate Rail Compacts 
                    Grant Program

    ``(a) Grants Authorized.--The Secretary of Transportation shall 
establish a competitive grant program to provide financial assistance to 
entities implementing interstate rail compacts pursuant to section 410 
of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 
note) for--
            ``(1) costs of administration;
            ``(2) systems planning, including studying the impacts on 
        freight rail operations and ridership;
            ``(3) promotion of intercity passenger rail operation;
            ``(4) preparation of applications for competitive Federal 
        grant programs; and
            ``(5) operations coordination.

    ``(b) Maximum Amount.--The Secretary may not award a grant under 
this section in an amount exceeding $1,000,000 per year.
    ``(c) Selection Criteria.--In selecting a recipient of a grant for 
an eligible project under this section, the Secretary shall consider--
            ``(1) the amount of funding received (including funding from 
        a rail carrier (as defined in section 24102)) or other 
        participation by State, local, and regional governments and the 
        private sector;

[[Page 135 STAT. 724]]

            ``(2) the applicant's work to foster economic development 
        through rail service, particularly in rural communities;
            ``(3) whether the applicant seeks to restore service over 
        routes formerly operated by Amtrak, including routes described 
        in section 11304(a) of the Passenger Rail Reform and Investment 
        Act of 2015 (title XI of division A of Public Law 114-94);
            ``(4) the applicant's dedication to providing intercity 
        passenger rail service to regions and communities that are 
        underserved or not served by other intercity public 
        transportation;
            ``(5) whether the applicant is enhancing connectivity and 
        geographic coverage of the existing national network of 
        intercity passenger rail service;
            ``(6) whether the applicant has prepared regional rail or 
        corridor service development plans and corresponding 
        environmental analysis; and
            ``(7) whether the applicant has engaged with appropriate 
        government entities and transportation providers to identify 
        projects necessary to enhance multimodal connections or 
        facilitate service integration between rail service and other 
        modes, including between intercity passenger rail service and 
        intercity bus service or commercial air service.

    ``(d) Numerical Limitation.--The Secretary may not award grants 
under this section for more than 10 interstate rail compacts in any 
fiscal year.
    ``(e) Operator Limitation.--The Secretary may only award grants 
under this section to applicants with eligible expenses related to 
intercity passenger rail service to be operated by Amtrak.
    ``(f) <<NOTE: Requirement.>>  Non-Federal Match.--The Secretary 
shall require each recipient of a grant under this section to provide a 
non-Federal match of not less than 50 percent of the eligible expenses 
of carrying out the interstate rail compact under this section.

    ``(g) <<NOTE: Consultation.>>  Report.--Not later than 3 years after 
the date of enactment of the Passenger Rail Expansion and Rail Safety 
Act of 2021, the Secretary, after consultation with grant recipients 
under this section, shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
describes--
            ``(1) the implementation of this section;
            ``(2) the status of the planning efforts and coordination 
        funded by grants awarded under this section;
            ``(3) the plans of grant recipients for continued 
        implementation of the interstate rail compacts;
            ``(4) the status of, and data regarding, any new, restored, 
        or enhanced rail services initiated under the interstate rail 
        compacts; and
            ``(5) <<NOTE: Recommenda- tions.>>  any legislative 
        recommendations.''.

    (b) Clerical Amendment.--The analysis for chapter 229 of title 
49, <<NOTE: 49 USC 22901 prec.>>  United States Code (as amended by 
section 22305(b)), is amended by adding at the end the following:

``22910. Interstate Rail Compacts Grant Program.''.

    (c) Identification.--Section 410 of the Amtrak Reform and 
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note) is 
amended--
            (1) in subsection (b)(2), by striking ``(except funds made 
        available for Amtrak)''; and

[[Page 135 STAT. 725]]

            (2) by adding at the end the following:

    ``(c) <<NOTE: Deadline.>>  Notification Requirement.--Any State that 
enters into an interstate compact pursuant to subsection (a) shall 
notify the Secretary of Transportation of such compact not later than 60 
days after it is formed. The failure of any State to notify the 
Secretary under this subsection shall not affect the status of the 
interstate compact.

    ``(d) <<NOTE: Public information.>>  Interstate Rail Compacts 
Program.--The Secretary of Transportation shall--
            ``(1) <<NOTE: List.>>  make available on a publicly 
        accessible website a list of interstate rail compacts 
        established under subsection (a) before the date of enactment of 
        the Passenger Rail Expansion and Rail Safety Act of 2021 and 
        interstate rail compacts established after such date; and
            ``(2) <<NOTE: Update.>>  make information regarding 
        interstate rail compacts available to the public, including how 
        States may establish interstate rail compacts under subsection 
        (a), and update such information, as necessary.''.
SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL 
                            GRANTS.

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

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

[[Page 135 STAT. 726]]

        expanded capacity, reduced congestion, electrification, and 
        other improvements, as determined by the Secretary.
            ``(3) A project to expand or establish new intercity 
        passenger rail service.
            ``(4) A group of related projects described in paragraphs 
        (1) through (3).
            ``(5) The planning, environmental studies, and final design 
        for a project or group of projects described in paragraphs (1) 
        through (4).

    ``(d) Project Selection Criteria.--In selecting a project for 
funding under this section--
            ``(1) for projects located on the Northeast Corridor, the 
        Secretary shall--
                    ``(A) make selections consistent with the Northeast 
                Corridor Project Inventory published pursuant to 
                subsection (e)(1), unless when necessary to address 
                materially changed infrastructure or service conditions, 
                changes in project sponsor capabilities or commitments, 
                or other significant changes since the completion of the 
                most recently issued Northeast Corridor Project 
                Inventory; and
                    ``(B) for projects that benefit intercity and 
                commuter rail services, only make such selections when 
                Amtrak and the public authorities providing commuter 
                rail passenger transportation at the eligible project 
                location--
                          ``(i) <<NOTE: Compliance.>>  are in compliance 
                      with section 24905(c)(2); and
                          ``(ii) identify funding for the intercity 
                      passenger rail share, the commuter rail share, and 
                      the local share of the eligible project before the 
                      commencement of the project;
            ``(2) for projects not located on the Northeast Corridor, 
        the Secretary shall--
                    ``(A) give preference to eligible projects--
                          ``(i) for which Amtrak is not the sole 
                      applicant;
                          ``(ii) that improve the financial performance, 
                      reliability, service frequency, or address the 
                      state of good repair of an Amtrak route; and
                          ``(iii) that are identified in, and consistent 
                      with, a corridor inventory prepared under the 
                      Corridor Identification and Development Program 
                      pursuant to section 25101; and
                    ``(B) take into account--
                          ``(i) the cost-benefit analysis of the 
                      proposed project, including anticipated private 
                      and public benefits relative to the costs of the 
                      proposed project, including--
                                    ``(I) effects on system and service 
                                performance, including as measured by 
                                applicable metrics set forth in part 273 
                                of title 49, Code of Federal Regulations 
                                (or successor regulations);
                                    ``(II) effects on safety, 
                                competitiveness, reliability, trip or 
                                transit time, greenhouse gas emissions, 
                                and resilience;
                                    ``(III) anticipated positive 
                                economic and employment impacts, 
                                including development in areas near 
                                passenger stations, historic districts, 
                                or other opportunity zones;

[[Page 135 STAT. 727]]

                                    ``(IV) efficiencies from improved 
                                connections with other modes; and
                                    ``(V) ability to meet existing or 
                                anticipated demand;
                          ``(ii) the degree to which the proposed 
                      project's business plan considers potential 
                      private sector participation in the financing, 
                      construction, or operation of the proposed 
                      project;
                          ``(iii) the applicant's past performance in 
                      developing and delivering similar projects, and 
                      previous financial contributions;
                          ``(iv) whether the applicant has, or will 
                      have--
                                    ``(I) the legal, financial, and 
                                technical capacity to carry out the 
                                project;
                                    ``(II) satisfactory continuing 
                                access to the equipment or facilities; 
                                and
                                    ``(III) the capability and 
                                willingness to maintain the equipment or 
                                facilities;
                          ``(v) if applicable, the consistency of the 
                      project with planning guidance and documents set 
                      forth by the Secretary or otherwise required by 
                      law;
                          ``(vi) whether the proposed project serves 
                      historically unconnected or underconnected 
                      communities; and
                          ``(vii) any other relevant factors, as 
                      determined by the Secretary; and
            ``(3) the Secretary shall reserve--
                    ``(A) not less than 45 percent of the amounts 
                appropriated for grants under this section for projects 
                not located along the Northeast Corridor, of which not 
                less than 20 percent shall be for projects that benefit 
                (in whole or in part) a long-distance route; and
                    ``(B) not less than 45 percent of the amounts 
                appropriated for grants under this section for projects 
                listed on the Northeast Corridor project inventory 
                published pursuant to subsection (e)(1).

    ``(e) <<NOTE: Deadline. Publication. Inventory.>>  Long-term 
Planning.--Not later than 1 year after the date of enactment of the 
Passenger Rail Expansion and Rail Safety Act of 2021, and every 2 years 
thereafter, the Secretary shall create a predictable project pipeline 
that will assist Amtrak, States, and the public with long-term capital 
planning by publishing a Northeast Corridor project inventory that--
            ``(1) identifies capital projects for Federal investment, 
        project applicants, and proposed Federal funding levels under 
        this section;
            ``(2) <<NOTE: Plan. Time period.>>  specifies the order in 
        which the Secretary will provide grant funding to projects that 
        have identified sponsors and are located along the Northeast 
        Corridor, including a method and plan for apportioning funds to 
        project sponsors for the 2-year period, which may be altered by 
        the Secretary, as necessary, if recipients are not carrying out 
        projects in accordance with the anticipated schedule;
            ``(3) takes into consideration the appropriate sequence and 
        phasing of projects described in the Northeast Corridor capital 
        investment plan developed pursuant to section 24904(a);
            ``(4) is consistent with the most recent Northeast Corridor 
        service development plan update described in section 24904(d);

[[Page 135 STAT. 728]]

            ``(5) <<NOTE: Time period.>>  takes into consideration the 
        existing commitments and anticipated Federal, project applicant, 
        sponsor, and other relevant funding levels for the next 5 fiscal 
        years based on information currently available to the Secretary; 
        and
            ``(6) <<NOTE: Consultation.>>  is developed in consultation 
        with the Northeast Corridor Commission and the owners of 
        Northeast Corridor infrastructure and facilities.'';
            (5) in subsection (f)(2), by inserting ``, except as 
        specified under paragraph (4)'' after ``80 percent'';
            (6) in subsection (g)--
                    (A) in the subsection heading, by inserting ``; 
                Phased Funding Agreements'' after ``Intent'';
                    (B) in paragraph (1)--
                          (i) in the paragraph heading, by striking ``In 
                      general'' and inserting ``Letters of intent''; and
                          (ii) by striking ``shall, to the maximum 
                      extent practicable,'' and inserting ``may'';
                    (C) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively;
                    (D) by inserting after paragraph (1) the following:
            ``(2) <<NOTE: Contracts.>>  Phased funding agreements.--
                    ``(A) In general.--The Secretary may enter into a 
                phased funding agreement with an applicant if--
                          ``(i) the project is highly rated, based on 
                      the evaluations and ratings conducted pursuant to 
                      this section and the applicable notice of funding 
                      opportunity; and
                          ``(ii) the Federal assistance to be provided 
                      for the project under this section is more than 
                      $80,000,000.
                    ``(B) Terms.--A phased funding agreement shall--
                          ``(i) establish the terms of participation by 
                      the Federal Government in the project;
                          ``(ii) establish the maximum amount of Federal 
                      financial assistance for the project;
                          ``(iii) include the period of time for 
                      completing the project, even if such period 
                      extends beyond the period for which Federal 
                      financial assistance is authorized;
                          ``(iv) make timely and efficient management of 
                      the project easier in accordance with Federal law; 
                      and
                          ``(v) if applicable, specify when the process 
                      for complying with the National Environmental 
                      Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
                      related environmental laws will be completed for 
                      the project.
                    ``(C) Special financial rules.--
                          ``(i) In general.--A phased funding agreement 
                      under this paragraph obligates an amount of 
                      available budget authority specified in law and 
                      may include a commitment, contingent on amounts to 
                      be specified in law in advance for commitments 
                      under this paragraph, to obligate an additional 
                      amount from future available budget authority 
                      specified in law.
                          ``(ii) Statement of contingent commitment.--
                      The agreement shall state that the contingent 
                      commitment is not an obligation of the Government.
                          ``(iii) Interest and other financing costs.--
                      Interest and other financing costs of efficiently 
                      carrying out a part of the project within a 
                      reasonable time are a cost of carrying out the 
                      project under a phased

[[Page 135 STAT. 729]]

                      funding agreement, except that eligible costs may 
                      not be more than the cost of the most favorable 
                      financing terms reasonably available for the 
                      project at the time of 
                      borrowing. <<NOTE: Certification.>>  The applicant 
                      shall certify, to the satisfaction of the 
                      Secretary, that the applicant has shown reasonable 
                      diligence in seeking the most favorable financing 
                      terms.
                          ``(iv) Failure to carry out project.--If an 
                      applicant does not carry out the project for 
                      reasons within the control of the applicant, the 
                      applicant shall repay all Federal grant funds 
                      awarded for the project from all Federal funding 
                      sources, for all project activities, facilities, 
                      and equipment, plus reasonable interest and 
                      penalty charges allowable by law or established by 
                      the Secretary in the phased funding agreement. For 
                      purposes of this clause, a process for complying 
                      with the National Environmental Policy Act of 1969 
                      (42 U.S.C. 4321 et seq.) that results in the 
                      selection of the no build alternative is not 
                      within the applicant's control.
                          ``(v) Crediting of funds received.--Any funds 
                      received by the Government under this paragraph, 
                      except for interest and penalty charges, shall be 
                      credited to the appropriation account from which 
                      the funds were originally derived.'';
                    (E) in paragraph (3), as redesignated--
                          (i) in subparagraph (A), in the matter 
                      preceding clause (i), by inserting ``a phased 
                      funding agreement under paragraph (2) or'' after 
                      ``issuing''; and
                          (ii) in subparagraph (B)(i), by inserting 
                      ``the phased funding agreement or'' after ``a copy 
                      of''; and
                    (F) in paragraph (4), as redesignated--
                          (i) by striking ``An obligation'' and 
                      inserting the following:
                    ``(B) Appropriations required.--An obligation''; and
                          (ii) by inserting before subparagraph (B), as 
                      added by clause (i), the following:
                    ``(A) <<NOTE: Determination.>>  In general.--The 
                Secretary may enter into phased funding agreements under 
                this subsection that contain contingent commitments to 
                incur obligations in such amounts as the Secretary 
                determines are appropriate.'';
            (7) in subsection (i), by striking ``section 22905'' and 
        inserting ``sections 22903 and 22905''; and
            (8) by adding at the end the following:

    ``(j) Annual Report on Phased Funding Agreements and Letters of 
Intent.--Not later than the first Monday in February of each year, the 
Secretary shall submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on Appropriations of the 
Senate, the Committee on Transportation and Infrastructure of the House 
of Representatives, and the Committee on Appropriations of the House of 
Representatives that includes--
            ``(1) <<NOTE: Proposal.>>  a proposal for the allocation of 
        amounts to be available to finance grants for projects under 
        this section among applicants for such amounts;

[[Page 135 STAT. 730]]

            ``(2) <<NOTE: Evaluations.>>  evaluations and ratings, as 
        applicable, for each project that has received a phased funding 
        agreement or a letter of intent; and
            ``(3) <<NOTE: Recommenda- tions. Time period.>>  
        recommendations for each project that has received a phased 
        funding agreement or a letter of intent for funding based on the 
        evaluations and ratings, as applicable, and on existing 
        commitments and anticipated funding levels for the next 3 fiscal 
        years based on information currently available to the Secretary.

    ``(k) Regional Planning Guidance Corridor Planning.--The Secretary 
may withhold up to 5 percent of the total amount made available for this 
section to carry out planning and development activities related to 
section 25101, including--
            ``(1) providing funding to public entities for the 
        development of service development plans selected under the 
        Corridor Identification and Development Program;
            ``(2) facilitating and providing guidance for intercity 
        passenger rail systems planning; and
            ``(3) providing funding for the development and refinement 
        of intercity passenger rail systems planning analytical tools 
        and models.''.

    (b) Clerical Amendment.--The analysis for chapter 249 of title 49, 
United States Code, <<NOTE: 49 USC 24901 prec.>>  is amended by striking 
the item relating to section 24911 and inserting the following:

``24911. Federal-State partnership for intercity passenger rail.''.

SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM.

    (a) In General.--Part C of subtitle V of title 49, United States 
Code, is amended by adding at the end the following:

``CHAPTER 251 <<NOTE: 49 USC 25101 prec.>> --PASSENGER RAIL PLANNING

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

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

    ``(a) <<NOTE: Deadline.>>  In General.--Not later than 180 days 
after the date of enactment of the Passenger Rail Expansion and Rail 
Safety Act of 2021, the Secretary of Transportation shall establish a 
program to facilitate the development of intercity passenger rail 
corridors. The program shall include--
            ``(1) a process for eligible entities described in 
        subsection (b) to submit proposals for the development of 
        intercity passenger rail corridors;
            ``(2) a process for the Secretary to review and select 
        proposals in accordance with subsection (c);
            ``(3) <<NOTE: Criteria.>>  criteria for determining the 
        level of readiness for Federal financial assistance of an 
        intercity passenger rail corridor, which shall include--
                    ``(A) identification of a service operator which may 
                include Amtrak or private rail carriers;
                    ``(B) identification of a service sponsor or 
                sponsors;
                    ``(C) identification capital project sponsors;
                    ``(D) engagement with the host railroads; and
                    ``(E) other criteria as determined appropriate by 
                the Secretary;

[[Page 135 STAT. 731]]

            ``(4) a process for preparing service development plans in 
        accordance with subsection (d), including the identification of 
        planning funds, such as funds made available under section 
        24911(k) and interstate rail compact grants established under 
        section 22210;
            ``(5) the creation of a pipeline of intercity passenger rail 
        corridor projects under subsection (g);
            ``(6) planning guidance to achieve the purposes of this 
        section, including guidance for intercity passenger rail 
        corridors not selected under this section; and
            ``(7) such other features as the Secretary considers 
        relevant to the successful development of intercity passenger 
        rail corridors.

    ``(b) Eligible Entities.--The Secretary may receive proposals under 
this section from Amtrak, States, groups of States, entities 
implementing interstate compacts, regional passenger rail authorities, 
regional planning organizations, political subdivisions of a State, 
federally recognized Indian Tribes, and other public entities, as 
determined by the Secretary.
    ``(c) Corridor Selection.--In selecting intercity passenger rail 
corridors pursuant to subsection (a), the Secretary shall consider--
            ``(1) whether the route was identified as part of a regional 
        or interregional intercity passenger rail systems planning 
        study;
            ``(2) projected ridership, revenues, capital investment, and 
        operating funding requirements;
            ``(3) anticipated environmental, congestion mitigation, and 
        other public benefits;
            ``(4) projected trip times and their competitiveness with 
        other transportation modes;
            ``(5) anticipated positive economic and employment impacts, 
        including development in the areas near passenger stations, 
        historic districts, or other opportunity zones;
            ``(6) committed or anticipated State, regional 
        transportation authority, or other non-Federal funding for 
        operating and capital costs;
            ``(7) benefits to rural communities;
            ``(8) whether the corridor is included in a State's approved 
        State rail plan developed pursuant to chapter 227;
            ``(9) whether the corridor serves historically unserved or 
        underserved and low-income communities or areas of persistent 
        poverty;
            ``(10) whether the corridor would benefit or improve 
        connectivity with existing or planned transportation services of 
        other modes;
            ``(11) whether the corridor connects at least 2 of the 100 
        most populated metropolitan areas;
            ``(12) whether the corridor would enhance the regional 
        equity and geographic diversity of intercity passenger rail 
        service;
            ``(13) whether the corridor is or would be integrated into 
        the national rail passenger transportation system and whether 
        the corridor would create benefits for other passenger rail 
        routes and services; and
            ``(14) whether a passenger rail operator, including a 
        private rail carrier, has expressed support for the corridor.

[[Page 135 STAT. 732]]

    ``(d) Service Development Plans.--For each corridor proposal 
selected for development under this section, the Secretary shall partner 
with the entity that submitted the proposal, relevant States, and 
Amtrak, as appropriate, to prepare a service development plan (or to 
update an existing service development plan), which shall include--
            ``(1) a detailed description of the proposed intercity 
        passenger rail service, including train frequencies, peak and 
        average operating speeds, and trip times;
            ``(2) <<NOTE: Inventory.>>  a corridor project inventory 
        that--
                    ``(A) identifies the capital projects necessary to 
                achieve the proposed intercity passenger rail service, 
                including--
                          ``(i) the capital projects for which Federal 
                      investment will be sought;
                          ``(ii) the likely project applicants; and
                          ``(iii) the proposed Federal funding levels;
                    ``(B) specifies the order in which Federal funding 
                will be sought for the capital projects identified under 
                subparagraph (A), after considering the appropriate 
                sequence and phasing of projects based on the 
                anticipated availability of funds; and
                    ``(C) is developed in consultation with the entities 
                listed in subsection (e);
            ``(3) <<NOTE: Schedule.>>  a schedule and any associated 
        phasing of projects and related service initiation or changes;
            ``(4) project sponsors and other entities expected to 
        participate in carrying out the plan;
            ``(5) a description of how the corridor would comply with 
        Federal rail safety and security laws, orders, and regulations;
            ``(6) the locations of existing and proposed stations;
            ``(7) the needs for rolling stock and other equipment;
            ``(8) a financial plan identifying projected--
                    ``(A) annual revenues;
                    ``(B) annual ridership;
                    ``(C) capital investments before service could be 
                initiated;
                    ``(D) capital investments required to maintain 
                service;
                    ``(E) annual operating and costs; and
                    ``(F) sources of capital investment and operating 
                financial support;
            ``(9) a description of how the corridor would contribute to 
        the development of a multi-State regional network of intercity 
        passenger rail;
            ``(10) an intermodal plan describing how the new or improved 
        corridor facilitates travel connections with other passenger 
        transportation services;
            ``(11) a description of the anticipated environmental 
        benefits of the corridor; and
            ``(12) a description of the corridor's impacts on highway 
        and aviation congestion, energy consumption, land use, and 
        economic development in the service area.

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

[[Page 135 STAT. 733]]

            ``(3) representatives of employee labor organizations 
        representing railroad and other appropriate employees;
            ``(4) host railroads for the proposed corridor; and
            ``(5) other stakeholders, as determined by the Secretary.

    ``(f) <<NOTE: Time period. Consultation. Determination.>>  
Updates.--Every 5 years, after the initial development of the service 
development plan under subsection (d), if at least 40 percent of the 
work to implement a service development plan prepared under subsection 
(d) has not yet been completed, the plan's sponsor, in consultation with 
the Secretary, shall determine whether such plan should be updated.

    ``(g) <<NOTE: Deadlines.>>  Project Pipeline.--Not later than 1 year 
after the establishment of the program under this section, and by 
February 1st of each year thereafter, the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate, the 
Committee on Appropriations of the Senate, and the Committee on 
Transportation and Infrastructure of the House of Representatives, and 
the Committee on Appropriations of the House of Representatives a 
project pipeline, in accordance with this section, that--
            ``(1) identifies intercity passenger rail corridors selected 
        for development under this section;
            ``(2) identifies capital projects for Federal investment, 
        project applicants, and proposed Federal funding levels, as 
        applicable, consistent with the corridor project inventory;
            ``(3) <<NOTE: Time period.>>  specifies the order in which 
        the Secretary would provide Federal financial assistance, 
        subject to the availability of funds, to projects that have 
        identified sponsors, including a method and plan for 
        apportioning funds to project sponsors for a 5-year period, 
        which may be altered by the Secretary, as necessary, if 
        recipients are not carrying out projects on the anticipated 
        schedule;
            ``(4) takes into consideration the appropriate sequence and 
        phasing of projects described in the corridor project inventory;
            ``(5) <<NOTE: Time period.>>  takes into consideration the 
        existing commitments and anticipated Federal, project applicant, 
        sponsor, and other relevant funding levels for the next 5 fiscal 
        years based on information currently available to the Secretary;
            ``(6) is prioritized based on the level of readiness of the 
        corridor; and
            ``(7) reflects consultation with Amtrak.

    ``(h) Definition.--In this section, the term `intercity passenger 
rail corridor' means--
            ``(1) a new intercity passenger rail route of less than 750 
        miles;
            ``(2) the enhancement of an existing intercity passenger 
        rail route of less than 750 miles;
            ``(3) the restoration of service over all or portions of an 
        intercity passenger rail route formerly operated by Amtrak; or
            ``(4) the increase of service frequency of a long-distance 
        intercity passenger rail route.''.

    (b) Clerical Amendment.--The table of chapters for subtitle V of 
title 49, United States Code, <<NOTE: 49 USC 20101 prec.>>  is amended 
by inserting after the item relating to chapter 249 the following:
``Chapter 251.  Passenger rail planning.........................25101''.

[[Page 135 STAT. 734]]

SEC. 22309. <<NOTE: 49 USC 1301 note.>>  SURFACE TRANSPORTATION 
                            BOARD PASSENGER RAIL PROGRAM.

     The Surface Transportation Board shall--
            (1) establish a passenger rail program with primary 
        responsibility for carrying out the Board's passenger rail 
        responsibilities; and
            (2) hire up to 10 additional full-time employees to assist 
        in carrying out the responsibilities referred to in paragraph 
        (1).

                         Subtitle D--Rail Safety

SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION.

    (a) <<NOTE: Deadline. Determination.>>  In General.--Not later than 
3 years after the date of enactment of this Act, the Secretary shall 
evaluate the requirements of the railway-highway crossings program 
authorized under section 130 of title 23, United States Code, to 
determine whether--
            (1) the requirements of the program provide States 
        sufficient flexibility to adequately address current and 
        emerging highway-rail grade crossing safety issues;
            (2) the structure of the program provides sufficient 
        incentives and resources to States and local agencies to make 
        changes at highway-rail grade crossings that are most effective 
        at reducing deaths and injuries;
            (3) there are appropriate tools and resources to support 
        States in using data driven programs to determine the most cost-
        effective use of program funds; and
            (4) any statutory changes are recommended to improve the 
        effectiveness of the program.

    (b) <<NOTE: Summaries. Recommenda- tions.>>  Report.--Not later than 
4 years after the date of enactment of this Act, the Secretary shall 
submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate, the Committee on Environment and Public 
Works of the Senate, and the Committee on Transportation and 
Infrastructure of the House of Representatives that summarizes and 
describes the results of the evaluation conducted pursuant to subsection 
(a), including any recommended statutory changes.
SEC. 22402. <<NOTE: Deadline. 49 USC 22907 note.>>  GRADE CROSSING 
                            ACCIDENT PREDICTION MODEL.

    Not later than 2 years after the date of enactment of this Act, the 
Administrator of the Federal Railroad Administration shall--
            (1) <<NOTE: Update.>>  update the grade crossing accident 
        prediction and severity model used by the Federal Railroad 
        Administration to analyze accident risk at highway-rail grade 
        crossings; and
            (2) provide training on the use of the updated grade 
        crossing accident prediction and severity model.
SEC. 22403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND 
                            PLANS.

    (a) Highway-rail Grade Crossing Safety.--Section 11401 of the Fixing 
America's Surface Transportation Act (Public Law 114-94; 49 U.S.C. 22907 
note) is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

    (b) Reports on Highway-rail Grade Crossing Safety.--

[[Page 135 STAT. 735]]

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

    ``(a) <<NOTE: Consultation. Summaries.>>  Report.--Not later than 4 
years after the date by which States are required to submit State 
highway-rail grade crossing action plans under section 11401(b) of the 
Fixing America's Surface Transportation Act (49 U.S.C. 22907 note), the 
Administrator of the Federal Railroad Administration, in consultation 
with the Administrator of the Federal Highway Administration, shall 
submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives that summarizes the State 
highway-rail grade crossing action plans, including--
            ``(1) <<NOTE: Analysis. Evaluation.>>  an analysis and 
        evaluation of each State railway-highway crossings program under 
        section 130 of title 23, including--
                    ``(A) <<NOTE: Compliance.>>  compliance with section 
                11401 of the Fixing America's Surface Transportation Act 
                and section 130(g) of title 23; and
                    ``(B) <<NOTE: Strategies.>>  the specific strategies 
                identified by each State to improve safety at highway-
                rail grade crossings, including crossings with multiple 
                accidents or incidents;
            ``(2) the progress of each State in implementing its State 
        highway-rail grade crossings action plan;
            ``(3) the number of highway-rail grade crossing projects 
        undertaken pursuant to section 130 of title 23, including the 
        distribution of such projects by cost range, road system, nature 
        of treatment, and subsequent accident experience at improved 
        locations;
            ``(4) <<NOTE: Compliance.>>  which States are not in 
        compliance with their schedule of projects under section 130(d) 
        of title 23; and
            ``(5) <<NOTE: Recommenda- tions.>>  any recommendations for 
        future implementation of the railway-highway crossings program 
        under section 130 of title 23.

    ``(b) <<NOTE: Deadline. Consultation.>>  Updates.--Not later than 5 
years after the submission of the report required under subsection (a), 
the Administrator of the Federal Railroad Administration, in 
consultation with the Administrator of the Federal Highway 
Administration, shall--
            ``(1) update the report based on the State annual reports 
        submitted pursuant to section 130(g) of title 23 and any other 
        information obtained by or available to the Administrator of the 
        Federal Railroad Administration; and
            ``(2) submit the updated report to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives.

    ``(c) Definitions.--In this section:
            ``(1) Highway-rail grade crossing.--The term `highway-rail 
        grade crossing' means a location within a State, other than a 
        location at which 1 or more railroad tracks cross 1 or more 
        railroad tracks at grade, at which--
                    ``(A) a public highway, road, or street, or a 
                private roadway, including associated sidewalks and 
                pathways, crosses 1 or more railroad tracks, either at 
                grade or grade-separated; or
                    ``(B) a pathway explicitly authorized by a public 
                authority or a railroad carrier that--

[[Page 135 STAT. 736]]

                          ``(i) is dedicated for the use of nonvehicular 
                      traffic, including pedestrians, bicyclists, and 
                      others;
                          ``(ii) is not associated with a public 
                      highway, road, or street, or a private roadway; 
                      and
                          ``(iii) crosses 1 or more railroad tracks, 
                      either at grade or grade-separated.
            ``(2) State.--The term `State' means a State of the United 
        States or the District of Columbia.''.
            (2) Clerical amendment.--The analysis for chapter 201 of 
        title 49, United States Code, <<NOTE: 49 USC 20101 prec.>>  is 
        amended by inserting after the item relating to section 20166 
        the following:

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

    (c) Annual Report.--Section 130(g) of title 23, United States Code, 
is amended to read as follows:
    ``(g) Annual Report.--
            ``(1) In general.--Not later than August 31 of each year, 
        each State shall submit a report to the Administrator of the 
        Federal Highway Administration that describes--
                    ``(A) the progress being made to implement the 
                railway-highway crossings program authorized under this 
                section; and
                    ``(B) the effectiveness of the improvements made as 
                a result of such implementation.
            ``(2) <<NOTE: Assessments.>>  Contents.--Each report 
        submitted pursuant to paragraph (1) shall contain an assessment 
        of--
                    ``(A) the costs of the various treatments employed 
                by the State to implement the railway-highway crossings 
                program; and
                    ``(B) the effectiveness of such treatments, as 
                measured by the accident experience at the locations 
                that received such treatments.
            ``(3) Coordination.--Not later than 30 days after the 
        Federal Highway Administration's acceptance of each report 
        submitted pursuant to paragraph (1), the Administrator of the 
        Federal Highway Administration shall make such report available 
        to the Administrator of the Federal Railroad Administration.''.
SEC. 22404. <<NOTE: 49 USC 22907 note.>>  BLOCKED CROSSING PORTAL.

    (a) <<NOTE: Time period.>>  In General.--The Administrator of the 
Federal Railroad Administration shall establish a 3-year blocked 
crossing portal, which shall include the maintenance of the portal and 
corresponding database to receive, store, and retrieve information 
regarding blocked highway-rail grade crossings.

    (b) Blocked Crossing Portal.--The Administrator of the Federal 
Railroad Administration shall establish a blocked crossing portal that--
            (1) collects information from the public, including first 
        responders, regarding blocked highway-rail grade crossing 
        events;
            (2) solicits the apparent cause of the blocked crossing and 
        provides examples of common causes of blocked crossings, such as 
        idling trains or instances when lights or gates are activated 
        when no train is present;
            (3) provides each complainant with the contact information 
        for reporting a blocked crossing to the relevant railroad; and

[[Page 135 STAT. 737]]

            (4) encourages each complainant to report the blocked 
        crossing to the relevant railroad.

    (c) Complaints.--The blocked crossing portal shall be programmed to 
receive complaints from the general public about blocked highway-rail 
grade crossings. Any complaint reported through the portal shall 
indicate whether the complainant also reported the blocked crossing to 
the relevant railroad.
    (d) <<NOTE: Review.>>  Information Received.--In reviewing 
complaints received pursuant to subsection (c), the Federal Railroad 
Administration shall review, to the extent practicable, the information 
received from the complainant to account for duplicative or erroneous 
reporting.

    (e) Use of Information.--The information received and maintained in 
the blocked crossing portal database shall be used by the Federal 
Railroad Administration--
            (1) to identify frequent and long-duration blocked highway-
        rail grade crossings;
            (2) as a basis for conducting outreach to communities, 
        emergency responders, and railroads;
            (3) to support collaboration in the prevention of incidents 
        at highway-rail grade crossings; and
            (4) to assess the impacts of blocked crossings.

    (f) Sharing Information Received.--
            (1) <<NOTE: Public information. Procedures.>>  In general.--
        The Administrator of the Federal Railroad Administration shall 
        implement and make publicly available procedures for sharing any 
        nonaggregated information received through the blocked crossing 
        portal with the public.
            (2) Rule of construction.--Nothing in this section may be 
        construed to authorize the Federal Railroad Administration to 
        make publically available sensitive security information.

    (g) Additional Information.--If the information submitted to the 
blocked crossing portal is insufficient to determine the locations and 
potential impacts of blocked highway-rail grade crossings, the Federal 
Railroad Administration may collect, from the general public, State and 
local law enforcement personnel, and others as appropriate, and on a 
voluntary basis, such additional information as may be necessary to make 
such determinations.
    (h) Limitations.--Complaints, data, and other information received 
through the blocked crossing portal may not be used--
            (1) to infer or extrapolate the rate or instances of 
        crossings beyond the data received through the portal; or
            (2) for any regulatory or enforcement purposes except those 
        specifically described in this section.

    (i) Reports.--
            (1) <<NOTE: Web posting.>>  Annual public report.--The 
        Administrator of the Federal Railroad Administration shall 
        publish an annual report on a public website regarding the 
        blocked crossing program, including the underlying causes of 
        blocked crossings, program challenges, and other findings.
            (2) Report to congress.--Not later than 1 year after the 
        date of enactment of this Act, the Administrator of the Federal 
        Railroad Administration shall submit a report to the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives that describes--
                    (A) based on the information received through the 
                blocked crossing portal, frequent and long-duration 
                blocked

[[Page 135 STAT. 738]]

                highway-rail grade crossings, including the locations, 
                dates, durations, and impacts resulting from such 
                occurrences;
                    (B) the Federal Railroad Administration's process 
                for verifying the accuracy of the complaints submitted 
                to the blocked crossing portal, including whether the 
                portal continues to be effective in collecting such 
                information and identifying blocked crossings;
                    (C) the Federal Railroad Administration's use of the 
                data compiled by the blocked crossing portal to assess 
                the underlying cause and overall impacts of blocked 
                crossings;
                    (D) the engagement of the Federal Railroad 
                Administration with affected parties to identify and 
                facilitate solutions to frequent and long-duration 
                blocked highway-rail grade crossings identified by the 
                blocked crossing portal; and
                    (E) whether the blocked crossing portal continues to 
                be an effective method to collect blocked crossing 
                information and what changes could improve its 
                effectiveness.

    (j) Sunset.--This section (other than subsection (k)) shall have no 
force or effect beginning on the date that is 3 years after the date of 
enactment of this Act.
    (k) Rule of Construction.--Nothing in this section may be construed 
to invalidate any authority of the Secretary with respect to blocked 
highway-rail grade crossings. The Secretary may continue to use any such 
authority after the sunset date set forth in subsection (j).
SEC. 22405. <<NOTE: Deadlines. 49 USC 20101 note.>>  DATA 
                            ACCESSIBILITY.

    (a) Review.--Not later than 180 days after the date of enactment of 
this Act, the Chief Information Officer of the Department shall--
            (1) conduct a review of the website of the Office of Safety 
        Analysis of the Federal Railroad Administration; and
            (2) <<NOTE: Recommenda- tions.>>  provide recommendations to 
        the Secretary for improving the public's usability and 
        accessibility of the website referred to in paragraph (1).

    (b) <<NOTE: Website.>>  Updates.--Not later than 1 year after 
receiving recommendations from the Chief Information Officer pursuant to 
subsection (a)(2), the Secretary, after considering such 
recommendations, shall update the website of the Office of Safety 
Analysis of the Federal Railroad Administration to improve the usability 
and accessibility of the website.
SEC. 
                            22406. <<NOTE: Deadline. Regulations. Requirements. Plans. Comp
                            liance. 49 USC 20133 note.>>  
                            EMERGENCY LIGHTING.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall initiate a rulemaking to require that all rail carriers 
providing intercity passenger rail transportation or commuter rail 
passenger transportation (as such terms are defined in section 24102 of 
title 49, United States Code), develop and implement periodic inspection 
plans to ensure that passenger equipment offered for revenue service 
complies with the requirements under part 238 of title 49, Code of 
Federal Regulations, including ensuring that, in the event of a loss of 
power, there is adequate emergency lighting available to allow 
passengers, crew members, and first responders--
            (1) to see and orient themselves;
            (2) to identify obstacles;

[[Page 135 STAT. 739]]

            (3) to safely move throughout the rail car; and
            (4) to evacuate safely.
SEC. 22407. <<NOTE: Deadlines. 49 USC 24313 note.>>  COMPREHENSIVE 
                            RAIL SAFETY REVIEW OF AMTRAK.

    (a) Comprehensive Safety Assessment.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall--
            (1) <<NOTE: Compliance.>>  conduct a focused review of 
        Amtrak's safety-related processes and procedures, compliance 
        with safety regulations and requirements, and overall safety 
        culture; and
            (2) <<NOTE: Reports. Recommenda- tions.>>  submit a report 
        to the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure of 
        the House of Representatives that includes the findings and 
        recommendations resulting from such assessment.

    (b) Plan.--
            (1) Initial plan.--Not later than 6 months after the 
        completion of the comprehensive safety assessment under 
        subsection (a)(1), Amtrak shall submit a plan to the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives for addressing the findings and recommendations 
        raised in the comprehensive safety assessment.
            (2) Annual updates.--Amtrak shall submit annual updates of 
        its progress toward implementing the plan submitted pursuant to 
        paragraph (1) to the committees listed in such paragraph.
SEC. 22408. <<NOTE: 49 USC 21109 note.>>  COMPLETION OF HOURS OF 
                            SERVICE AND FATIGUE STUDIES.

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

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

[[Page 135 STAT. 740]]

SEC. 22409. POSITIVE TRAIN CONTROL STUDY.

    (a) <<NOTE: Determination.>>  Study.--The Comptroller General of the 
United States shall conduct a study to determine the annual positive 
train control system operation and maintenance costs for public commuter 
railroads.

    (b) <<NOTE: Summaries.>>  Report.--Not later than 2 years after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives that summarizes the study 
conducted pursuant to subsection (a), including the estimated annual 
positive train control system operation and maintenance costs for public 
commuter railroads.
SEC. 22410. <<NOTE: 49 USC 20162 note.>>  OPERATING CREW MEMBER 
                            TRAINING, QUALIFICATION, AND 
                            CERTIFICATION.

    (a) <<NOTE: Deadline.>>  Audits.--Not later than 60 days after the 
date of enactment of this Act, the Secretary shall initiate audits of 
the training, qualification, and certification programs of locomotive 
engineers and conductors of railroad carriers, subject to the 
requirements of parts 240 and 242 of title 49, Code of Federal 
Regulations, which audits shall--
            (1) be conducted in accordance with subsection (b);
            (2) <<NOTE: Compliance.>>  consider whether such programs 
        are in compliance with such parts 240 and 242;
            (3) <<NOTE: Assessment.>>  assess the type and content of 
        training that such programs provide locomotive engineers and 
        conductors, relevant to their respective roles, including 
        training related to installed technology;
            (4) <<NOTE: Determination.>>  determine whether such 
        programs provide locomotive engineers and conductors the 
        knowledge, skill, and ability to safely operate a locomotive or 
        train, consistent with such parts 240 and 242;
            (5) <<NOTE: Determination.>>  determine whether such 
        programs reflect the current operating practices of the railroad 
        carrier;
            (6) <<NOTE: Assessment. Examination.>>  assess the current 
        practice by which railroads utilize simulator training, or any 
        other technologies used to train and qualify locomotive 
        engineers and conductors by examining how such technologies are 
        used;
            (7) consider international experience and practice using 
        similar technology, as appropriate, particularly before 
        qualifying locomotive engineers on new or unfamiliar equipment, 
        new train control, diagnostics, or other on-board technology;
            (8) <<NOTE: Assessment.>>  assess the current practice for 
        familiarizing locomotive engineers and conductors with new 
        territory and using recurrency training to expose such personnel 
        to normal and abnormal conditions; and
            (9) ensure that locomotive engineers and conductor training 
        programs are considered separately, as appropriate, based on the 
        unique requirements and regulations.

    (b) Audit Scheduling.--The Secretary shall--
            (1) <<NOTE: Time periods.>>  schedule the audits required 
        under subsection (a) to ensure that--
                    (A) each Class I railroad, including the National 
                Railroad Passenger Corporation and other intercity 
                passenger rail providers, is audited not less frequently 
                than once every 5 years; and

[[Page 135 STAT. 741]]

                    (B) <<NOTE: Determination.>>  a select number, as 
                determined appropriate by the Secretary, of Class II and 
                Class III railroads, along with other railroads 
                providing passenger rail service that are not included 
                in subparagraph (A), are audited annually; and
            (2) conduct the audits described in paragraph (1)(B) in 
        accordance with the Small Business Regulatory Enforcement 
        Fairness Act of 1996 (5 U.S.C. 601 note) and appendix C of part 
        209 of title 49, Code of Federal Regulations.

    (c) Updates to Qualification and Certification Program.--If the 
Secretary, while conducting the audits required under this section, 
identifies a deficiency in a railroad's training, qualification, and 
certification program for locomotive engineers or conductors, the 
railroad shall update the program to eliminate such deficiency.
    (d) Consultation and Cooperation.--
            (1) Consultation.--In conducting any audit required under 
        this section, the Secretary shall consult with the railroad and 
        its employees, including any nonprofit employee labor 
        organization representing the engineers or conductors of the 
        railroad.
            (2) Cooperation.--The railroad and its employees, including 
        any nonprofit employee labor organization representing engineers 
        or conductors of the railroad, shall fully cooperate with any 
        such audit, including by--
                    (A) providing any relevant documents requested; and
                    (B) making available any employees for interview 
                without undue delay or obstruction.
            (3) <<NOTE: Determination. Notification.>>  Failure to 
        cooperate.--If the Secretary determines that a railroad or any 
        of its employees, including any nonprofit employee labor 
        organization representing engineers or conductors of the 
        railroad is not fully cooperating with an audit, the Secretary 
        shall electronically notify the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.

    (e) <<NOTE: Determination. Evaluation.>>  Review of Regulations.--
The Secretary shall triennially determine whether any update to part 240 
or 242 of title 49, Code of Federal Regulations, is necessary to better 
prepare locomotive engineers and conductors to safely operate trains by 
evaluating whether such regulations establish appropriate Federal 
standards requiring railroads--
            (1) to provide locomotive engineers or conductors the 
        knowledge and skills to safely operate trains under conditions 
        that reflect industry practices;
            (2) to adequately address locomotive engineer or conductor 
        route situational awareness, including ensuring locomotive 
        engineers and conductors to demonstrate knowledge on the 
        physical characteristics of a territory under various conditions 
        and using various resources;
            (3) to provide relevant and adequate hands-on training 
        before a locomotive engineer or conductor is certified;
            (4) to adequately prepare locomotive engineers or conductors 
        to understand relevant locomotive operating characteristics, to 
        include instructions on functions they are required to operate 
        on any installed technology; and

[[Page 135 STAT. 742]]

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

    (f) <<NOTE: Public information. Web posting. Summaries.>>  Annual 
Report.--The Secretary shall publish an annual report on the public 
website of the Federal Railroad Administration that--
            (1) summarizes the findings of the prior year's audits;
            (2) summarizes any updates made pursuant to subsection (c); 
        and
            (3) excludes and confidential business information or 
        sensitive security information.
SEC. 22411. TRANSPARENCY AND SAFETY.

    Section 20103(d) of title 49, United States Code, is amended to read 
as follows:
    ``(d) Nonemergency Waivers.--
            ``(1) In general.--The Secretary of Transportation may 
        waive, or suspend the requirement to comply with, any part of a 
        regulation prescribed or an order issued under this chapter if 
        such waiver or suspension is in the public interest and 
        consistent with railroad safety.
            ``(2) Notice required.--The Secretary shall--
                    ``(A) provide timely public notice of any request 
                for a waiver under this subsection or for a suspension 
                under subpart E of part 211 of title 49, Code of Federal 
                Regulations, or successor regulations;
                    ``(B) <<NOTE: Data.>>  make available the 
                application for such waiver or suspension and any 
                nonconfidential underlying data to interested parties;
                    ``(C) <<NOTE: Public comment.>>  provide the public 
                with notice and a reasonable opportunity to comment on a 
                proposed waiver or suspension under this subsection 
                before making a final decision; and
                    ``(D) <<NOTE: Public information. Web posting.>>  
                publish on a publicly accessible website the reasons for 
                granting each such waiver or suspension.
            ``(3) Information protection.--Nothing in this subsection 
        may be construed to require the release of information protected 
        by law from public disclosure.
            ``(4) Rulemaking.--
                    ``(A) <<NOTE: Deadline. Time 
                period. Review. Analysis. Determination.>>  In 
                general.--Not later than 1 year after the first day on 
                which a waiver under this subsection or a suspension 
                under subpart E of part 211 of title 49, Code of Federal 
                Regulations, or successor regulations, has been in 
                continuous effect for a 6-year period, the Secretary 
                shall complete a review and analysis of such waiver or 
                suspension to determine whether issuing a rule that is 
                consistent with the waiver is--
                          ``(i) in the public interest; and
                          ``(ii) consistent with railroad safety.
                    ``(B) Factors.--In conducting the review and 
                analysis under subparagraph (A), the Secretary shall 
                consider--
                          ``(i) the relevant safety record under the 
                      waiver or suspension;
                          ``(ii) the likelihood that other entities 
                      would have similar safety outcomes;
                          ``(iii) the materials submitted in the 
                      applications, including any comments regarding 
                      such materials; and
                          ``(iv) related rulemaking activity.

[[Page 135 STAT. 743]]

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

    Section 20108 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Facilities.--The Secretary may erect, alter, and repair 
buildings and make other public improvements to carry out necessary 
railroad research, safety, and training activities at the Transportation 
Technology Center in Pueblo, Colorado.
    ``(e) <<NOTE: Fees.>>  Offsetting Collections.--The Secretary may 
collect fees or rents from facility users to offset appropriated amounts 
for the cost of providing facilities or research, development, testing, 
training, or other services, including long-term sustainment of the on-
site physical plant.

    ``(f) Revolving Fund.--Amounts appropriated to carry out subsection 
(d) and all fees and rents collected pursuant to subsection (e) shall be 
credited to a revolving fund and remain available until expended. The 
Secretary may use such fees and rents for operation, maintenance, 
repair, or improvement of the Transportation Technology Center.
    ``(g) <<NOTE: Time period. Determination.>>  Leases and Contracts.--
Notwithstanding section 1302 of title 40, the Secretary may lease to 
others or enter into contracts for terms of up to 20 years, for such 
consideration and subject to such terms and conditions as the Secretary 
determines to be in the best interests of the Government of the United 
States, for the operation, maintenance, repair, and improvement of the 
Transportation Technology Center.

    ``(h) Property and Casualty Loss Insurance.--The Secretary may allow 
its lessees and contractors to purchase property and casualty loss 
insurance for its assets and activities at the Transportation Technology 
Center to mitigate the lessee's or contractor's risk associated with 
operating a facility.
    ``(i) <<NOTE: Contracts. Time period.>>  Energy Projects.--
Notwithstanding section 1341 of title 31, the Secretary may enter into 
contracts or agreements, or commit to obligations in connection with 
third-party contracts or agreements, including contingent liability for 
the purchase of electric

[[Page 135 STAT. 744]]

power in connection with such contracts or agreements, for terms not to 
exceed 20 years, to enable the use of the land at the Transportation 
Technology Center for projects to produce energy from renewable 
sources.''.
SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.

    Section 20108 of title 49, United States Code, as amended by section 
22412, is further amended by adding at the end the following:
    ``(j) Rail Research and Development Center of Excellence.--
            ``(1) <<NOTE: Grants.>>  Center of excellence.--The 
        Secretary shall award grants to establish and maintain a center 
        of excellence to advance research and development that improves 
        the safety, efficiency, and reliability of passenger and freight 
        rail transportation.
            ``(2) Eligibility.--An institution of higher education (as 
        defined in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001)) or a consortium of nonprofit institutions of 
        higher education shall be eligible to receive a grant from the 
        center established pursuant to paragraph (1).
            ``(3) Selection criteria.--In awarding a grant under this 
        subsection, the Secretary shall--
                    ``(A) give preference to applicants with strong past 
                performance related to rail research, education, and 
                workforce development activities;
                    ``(B) consider the extent to which the applicant 
                would involve public and private sector passenger and 
                freight railroad operators; and
                    ``(C) consider the regional and national impacts of 
                the applicant's proposal.
            ``(4) Use of funds.--Grant funds awarded pursuant to this 
        subsection shall be used for basic and applied research, 
        evaluation, education, workforce development, and training 
        efforts related to safety, project delivery, efficiency, 
        reliability, resiliency, and sustainability of urban commuter, 
        intercity high-speed, and freight rail transportation, to 
        include advances in rolling stock, advanced positive train 
        control, human factors, rail infrastructure, shared corridors, 
        grade crossing safety, inspection technology, remote sensing, 
        rail systems maintenance, network resiliency, operational 
        reliability, energy efficiency, and other advanced technologies.
            ``(5) Federal share.--The Federal share of a grant awarded 
        under this subsection shall be 50 percent of the cost of 
        establishing and operating the center of excellence and related 
        research activities carried out by the grant recipient.''.
SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM 
                            PERFORMANCE.

    Section 20157 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(m) Reports on Positive Train Control System Performance.--
            ``(1) In general.--Each host railroad subject to this 
        section or subpart I of part 236 of title 49, Code of Federal 
        Regulations, shall electronically submit to the Secretary of 
        Transportation a Report of PTC System Performance on Form FRA F 
        6180.152,

[[Page 135 STAT. 745]]

        which shall be submitted on or before the applicable due date 
        set forth in paragraph (3) and contain the information described 
        in paragraph (2), which shall be separated by the host railroad, 
        each applicable tenant railroad, and each positive train 
        control-governed track segment, consistent with the railroad's 
        positive train control Implementation Plan described in 
        subsection (a)(1).
            ``(2) Required information.--Each report submitted pursuant 
        to paragraph (1) shall include, for the applicable reporting 
        period--
                    ``(A) the number of positive train control system 
                initialization failures, disaggregated by the number of 
                initialization failures for which the source or cause 
                was the onboard subsystem, the wayside subsystem, the 
                communications subsystem, the back office subsystem, or 
                a non-positive train control component;
                    ``(B) the number of positive train control system 
                cut outs, disaggregated by each component listed in 
                subparagraph (A) that was the source or cause of such 
                cut outs;
                    ``(C) the number of positive train control system 
                malfunctions, disaggregated by each component listed in 
                subparagraph (A) that was the source or cause of such 
                malfunctions;
                    ``(D) the number of enforcements by the positive 
                train control system;
                    ``(E) the number of enforcements by the positive 
                train control system in which it is reasonable to assume 
                an accident or incident was prevented;
                    ``(F) the number of scheduled attempts at 
                initialization of the positive train control system;
                    ``(G) the number of train miles governed by the 
                positive train control system; and
                    ``(H) <<NOTE: Summary.>>  a summary of any actions 
                the host railroad and its tenant railroads are taking to 
                reduce the frequency and rate of initialization 
                failures, cut outs, and malfunctions, such as any 
                actions to correct or eliminate systemic issues and 
                specific problems.
            ``(3) Due dates.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each host railroad shall 
                electronically submit the report required under 
                paragraph (1) not later than--
                          ``(i) April 30, for the period from January 1 
                      through March 31;
                          ``(ii) July 31, for the period from April 1 
                      through June 30;
                          ``(iii) October 31, for the period from July 1 
                      through September 30; and
                          ``(iv) January 31, for the period from October 
                      1 through December 31 of the prior calendar year.
                    ``(B) <<NOTE: Effective date.>>  Frequency 
                reduction.--Beginning on the date that is 3 years after 
                the date of enactment of the Passenger Rail Expansion 
                and Rail Safety Act of 2021, the Secretary shall reduce 
                the frequency with which host railroads are required to 
                submit the report described in paragraph (1) to not less 
                frequently than twice per year, unless the Secretary--

[[Page 135 STAT. 746]]

                          ``(i) <<NOTE: Determination.>>  determines 
                      that quarterly reporting is in the public 
                      interest; and
                          ``(ii) <<NOTE: Federal 
                      Register, publication.>>  publishes a 
                      justification for such determination in the 
                      Federal Register.
            ``(4) Tenant railroads.--Each tenant railroad that operates 
        on a host railroad's positive train control-governed main line 
        and is not currently subject to an exception under section 
        236.1006(b) of title 49, Code of Federal Regulations, shall 
        submit the information described in paragraph (2) to each 
        applicable host railroad on a continuous basis.
            ``(5) <<NOTE: Deadline.>>  Enforcements.--Any railroad 
        operating a positive train control system classified under 
        Federal Railroad Administration Type Approval number FRA-TA-
        2010-001 or FRA-TA-2013-003 shall begin submitting the metric 
        required under paragraph (2)(D) not later than January 31, 
        2023.''.
SEC. 22415. SPEED LIMIT ACTION PLANS.

    (a) Codification of, and Amendment to, Section 11406 of the FAST 
Act.--Subchapter II of chapter 201 of subtitle V of title 49, United 
States Code, is amended by inserting after section 20168 the following:
``Sec. 20169. <<NOTE: Deadlines. 49 USC 20169.>>  Speed limit 
                    action plans

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

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

[[Page 135 STAT. 747]]

    ``(c) Approval.--Not later than 90 days after the date on which an 
action plan is submitted under subsection (b) or (d)(2), the Secretary 
shall approve, approve with conditions, or disapprove the action plan.
    ``(d) Periodic Reviews and Updates.--Each railroad carrier that 
submits an action plan to the Secretary pursuant to subsection (b) 
shall--
            ``(1) not later than 1 year after the date of enactment of 
        the Passenger Rail Expansion and Rail Safety Act of 2021, and 
        annually thereafter, review such plan to ensure the 
        effectiveness of actions taken to enable warning and enforcement 
        of the maximum authorized speed for passenger trains at each 
        location identified pursuant to subsection (b)(1); and
            ``(2) <<NOTE: Consultation.>>  not later than 90 days before 
        implementing any significant operational or territorial 
        operating change, including initiating a new service or route, 
        submit to the Secretary a revised action plan, after 
        consultation with any applicable host railroad, that addresses 
        such operational or territorial operating change.

    ``(e) <<NOTE: Consultation.>>  New Service.--If a railroad carrier 
providing intercity rail passenger transportation or commuter rail 
passenger transportation did not exist on the date of enactment of the 
FAST Act (Public Law 114-94; 129 Stat. 1312), such railroad carrier, in 
consultation with any applicable host railroad carrier, shall--
            ``(1) <<NOTE: Surveys.>>  survey its routes pursuant to 
        subsection (a) not later than 90 days after the date of 
        enactment of the Passenger Rail Expansion and Rail Safety Act of 
        2021; and
            ``(2) develop an action plan pursuant to subsection (b) not 
        later than 120 days after the date on which such survey is 
        complete.

    ``(f) Alternative Safety Measures.--The Secretary may exempt from 
the requirements under this section each segment of track for which 
operations are governed by a positive train control system certified 
under section 20157, or any other safety technology or practice that 
would achieve an equivalent or greater level of safety in reducing 
derailment risk.
    ``(g) <<NOTE: Compliance.>>  Prohibition.--No new intercity or 
commuter rail passenger service may begin operation unless the railroad 
carrier providing such service is in compliance with the requirements 
under this section.

    ``(h) Savings Clause.--Nothing in this section may be construed to 
prohibit the Secretary from applying the requirements under this section 
to other segments of track at high risk of overspeed derailment.''.
    (b) Clerical Amendment.--The analysis for chapter 201 of subtitle V 
of title 49, United States Code, <<NOTE: 49 USC 20101 prec.>>  is 
amended by adding at the end the following:

``20169. Speed limit action plans.''.

SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION 
                            PLAN.

    (a) In General.--Subchapter II of chapter 201 of subtitle V of title 
49, United States Code, as amended by section 22415, is further amended 
by adding at the end the following:
``Sec. 20170. <<NOTE: 49 USC 20170.>>  Pre-revenue service safety 
                    validation plan

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

[[Page 135 STAT. 748]]

extension of existing service, or a renewal of service that has been 
discontinued for more than 180 days shall develop and submit for review 
a comprehensive pre-revenue service safety validation plan to the 
Secretary of Transportation not later than 60 days before initiating 
such revenue service. Such plan shall include pertinent safety 
milestones and a minimum period of simulated revenue service to ensure 
operational readiness and that all safety sensitive personnel are 
properly trained and qualified.

    ``(b) <<NOTE: Notification.>>  Compliance.--After submitting a plan 
pursuant to subsection (a), the railroad shall adopt and comply with 
such plan and may not amend the plan without first notifying the 
Secretary of the proposed amendment. Revenue service may not begin until 
the railroad has completed the requirements of its plan, including the 
minimum simulated service period required by the plan.

    ``(c) Rulemaking.--The Secretary shall promulgate regulations to 
carry out this section, including--
            ``(1) <<NOTE: Requirement.>>  requiring that any identified 
        safety deficiencies be addressed and corrected before the 
        initiation of revenue service; and
            ``(2) establishing appropriate deadlines to enable the 
        Secretary to review and approve the pre-revenue service safety 
        validation plan to ensure that service is not unduly delayed.''.

    (b) Clerical Amendment.--The analysis for chapter 201 of title 49, 
United States Code, as amended by section 22415(b), <<NOTE: 49 USC 20101 
prec.>> is further amended by adding at the end the following:

``20170. Pre-revenue service safety validation plan.''.

SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND INCIDENT 
                            INVESTIGATIONS.

    Section 20902 of title 49, United States Code, is amended--
            (1) in subsection (b) by striking ``subpena'' and inserting 
        ``subpoena''; and
            (2) by adding at the end the following:

    ``(d) Gathering Information and Technical Expertise.--
            ``(1) <<NOTE: Determination.>>  In general.--The Secretary 
        shall create a standard process for investigators to use during 
        accident and incident investigations conducted under this 
        section for determining when it is appropriate and the 
        appropriate method for--
                    ``(A) gathering information about an accident or 
                incident under investigation from railroad carriers, 
                contractors or employees of railroad carriers or 
                representatives of employees of railroad carriers, and 
                others, as determined relevant by the Secretary; and
                    ``(B) <<NOTE: Consultation.>>  consulting with 
                railroad carriers, contractors or employees of railroad 
                carriers or representatives of employees of railroad 
                carriers, and others, as determined relevant by the 
                Secretary, for technical expertise on the facts of the 
                accident or incident under investigation.
            ``(2) Confidentiality.--In developing the process required 
        under paragraph (1), the Secretary shall factor in ways to 
        maintain the confidentiality of any entity identified under 
        paragraph (1) if--
                    ``(A) such entity requests confidentiality;
                    ``(B) such entity was not involved in the accident 
                or incident; and

[[Page 135 STAT. 749]]

                    ``(C) maintaining such entity's confidentiality does 
                not adversely affect an investigation of the Federal 
                Railroad Administration.
            ``(3) Applicability.--This subsection shall not apply to any 
        investigation carried out by the National Transportation Safety 
        Board.''.
SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY.

    Section 21301(a) of title 49, United States Code, is amended by 
striking paragraph (3) and inserting the following:
    ``(3) <<NOTE: Notices. Hearings.>>  The Secretary may find that a 
person has violated this chapter or a regulation prescribed or order, 
special permit, or approval issued under this chapter only after notice 
and an opportunity for a hearing. The Secretary shall impose a penalty 
under this section by giving the person written notice of the amount of 
the penalty. The Secretary may compromise the amount of a civil penalty 
by settlement agreement without issuance of an order.
<<NOTE: Determination.>> In determining the amount of a compromise, the 
Secretary shall consider--
            ``(A) the nature, circumstances, extent, and gravity of the 
        violation;
            ``(B) with respect to the violator, the degree of 
        culpability, any history of violations, the ability to pay, and 
        any effect on the ability to continue to do business; and
            ``(C) other matters that justice requires.

    ``(4) The Attorney General may bring a civil action in an 
appropriate district court of the United States to collect a civil 
penalty imposed or compromise under this section and any accrued 
interest on the civil penalty. In the civil action, the amount and 
appropriateness of the civil penalty shall not be subject to review.''.
SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY.

    (a) In General.--Section 26103 of title 49, United States Code, is 
amended to read as follows:
``Sec. 26103. Safety regulations and evaluation

    ``The Secretary--
            ``(1) shall promulgate such safety regulations as may be 
        necessary for high-speed rail services;
            ``(2) <<NOTE: Consultation.>>  shall, before promulgating 
        such regulations, consult with developers of new high-speed rail 
        technologies to develop a method for evaluating safety 
        performance; and
            ``(3) may solicit feedback from relevant safety experts or 
        representatives of rail employees who perform work on similar 
        technology or who may be expected to perform work on new 
        technology, as appropriate.''.

    (b) Clerical Amendment.--The analysis for chapter 261 of title 49, 
United States Code, <<NOTE: 49 USC 26101 prec.>>  is amended by striking 
the item relating to section 26103 and inserting the following:

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

SEC. 22420. <<NOTE: 49 USC 20133 note.>>  PASSENGER RAIL VEHICLE 
                            OCCUPANT PROTECTION SYSTEMS.

    (a) Study.--The Administrator of the Federal Railroad Administration 
shall conduct a study of the potential installation and use in new 
passenger rail rolling stock of passenger rail vehicle occupant 
protection systems that could materially improve passenger safety.

[[Page 135 STAT. 750]]

    (b) <<NOTE: Cost estimates.>>  Considerations.--In conducting the 
study under subsection (a), the Administrator shall consider minimizing 
the risk of secondary collisions, including estimating the costs and 
benefits of the new requirements, through the use of--
            (1) occupant restraint systems;
            (2) air bags;
            (3) emergency window retention systems; and
            (4) interior designs, including seats, baggage restraints, 
        and table configurations and attachments.

    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Administrator shall--
            (1) <<NOTE: Summaries.>>  submit a report summarizing the 
        findings of the study conducted pursuant to subsection (a) to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
            (2) <<NOTE: Web posting.>>  publish such report on the 
        website of the Federal Railroad Administration.

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

    (a) <<NOTE: Consultations. Determinations. 49 USC 20101 note.>>  
Elimination of Duplicative or Unnecessary Reporting or Paperwork 
Requirements in the Federal Railroad Administration.--
            (1) Review.--The Administrator of the Federal Railroad 
        Administration (referred to in this subsection as the ``FRA 
        Administrator''), in consultation with the Administrator of the 
        Federal Transit Administration, shall conduct a review of 
        existing reporting and paperwork requirements in the Federal 
        Railroad Administration to determine if any such requirements 
        are duplicative or unnecessary.
            (2) Elimination of certain requirements.--If the FRA 
        Administrator determines, as a result of the review conducted 
        pursuant to paragraph (1), that any reporting or paperwork 
        requirement that is not statutorily required is duplicative or 
        unnecessary, the FRA Administrator, after consultation with the 
        Administrator of the Federal Transit Administration, shall 
        terminate such requirement.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the FRA Administrator shall submit a 
        report to the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives that--
                    (A) identifies all of the reporting or paperwork 
                requirements that were terminated pursuant to paragraph 
                (2); and
                    (B) identifies any statutory reporting or paperwork 
                requirements that are duplicative or unnecessary and 
                should be repealed.

    (b) <<NOTE: Time period. Update. 49 USC 20901 note.>>  Safety 
Reporting.--Not later than 1 year after the date of enactment of this 
Act, and annually thereafter for the following 4 years, the Secretary 
shall update Special Study Block 49 on

[[Page 135 STAT. 751]]

Form FRA F 6180.54 (Rail Equipment Accident/Incident Report) to collect, 
with respect to trains involved in accidents required to be reported to 
the Federal Railroad Administration--
            (1) the number of cars and length of the involved trains; 
        and
            (2) the number of crew members who were aboard a controlling 
        locomotive involved in an accident at the time of such accident.
SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN 7,500 
                            FEET.

    (a) <<NOTE: Contracts.>>  Study.--The Secretary shall seek to enter 
into an agreement with the National Academies to conduct a study on the 
operation of freight trains that are longer than 7,500 feet.

    (b) Elements.--The study conducted pursuant to subsection (a) 
shall--
            (1) <<NOTE: Examination.>>  examine any potential impacts to 
        safety from the operation of freight trains that are longer than 
        7,500 feet and the mitigation of any identified risks, 
        including--
                    (A) any potential changes in the risk of loss of 
                communications between the end of train device and the 
                locomotive cab, including communications over differing 
                terrains and conditions;
                    (B) any potential changes in the risk of loss of 
                radio communications between crew members when a crew 
                member alights from the train, including communications 
                over differing terrains and conditions;
                    (C) any potential changes in the risk of 
                derailments, including any risks associated with in-
                train compressive forces and slack action or other 
                safety risks in the operations of such trains in 
                differing terrains and conditions;
                    (D) any potential impacts associated with the 
                deployment of multiple distributed power units in the 
                consists of such trains; and
                    (E) any potential impacts on braking and locomotive 
                performance and track wear and tear;
            (2) <<NOTE: Evaluation.>>  evaluate any impacts on 
        scheduling and efficiency of passenger operations and in the 
        shipping of goods by freight as a result of longer trains;
            (3) <<NOTE: Determination.>>  determine whether additional 
        engineer and conductor training is required for safely operating 
        such trains;
            (4) <<NOTE: Assessment.>>  assess the potential impact on 
        the amount of time and frequency of occurrence highway-rail 
        grade crossings are occupied; and
            (5) identify any potential environmental impacts, including 
        greenhouse gas emissions, that have resulted from the operation 
        of longer trains.

    (c) Comparison.--When evaluating the potential impacts of the 
operation of trains longer than 7,500 feet under subsection (b), the 
impacts of such trains shall be compared to the impacts of trains that 
are shorter than 7,500 feet, after taking into account train frequency.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of

[[Page 135 STAT. 752]]

Representatives that contains the results of the study conducted by the 
National Academies under this section.
    (e) Funding.--From the amounts appropriated for fiscal year 2021 
pursuant to the authorization under section 20117(a) of title 49, United 
States Code, the Secretary shall expend not less than $1,000,000 and not 
more than $2,000,000 to carry out the study required under this section.
SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS.

    (a) In General.--Section 17 of the Noise Control Act of 1972 (42 
U.S.C. 4916) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:

    ``(c) High-speed Train Noise Emissions.--
            ``(1) <<NOTE: Consultation. Regulations.>>  In general.--The 
        Secretary of Transportation, in consultation with the 
        Administrator, may prescribe regulations governing railroad-
        related noise emission standards for trains operating on the 
        general railroad system of transportation at speeds exceeding 
        160 miles per hour, including noise related to magnetic 
        levitation systems and other new technologies not traditionally 
        associated with railroads.
            ``(2) Factors in rulemaking.--The regulations prescribed 
        pursuant to paragraph (1) may--
                    ``(A) consider variances in maximum pass-by noise 
                with respect to the speed of the equipment;
                    ``(B) account for current engineering best 
                practices; and
                    ``(C) encourage the use of noise mitigation 
                techniques to the extent reasonable if the benefits 
                exceed the costs.
            ``(3) Conventional-speed trains.--Railroad-related noise 
        regulations prescribed under subsection (a) shall continue to 
        govern noise emissions from the operation of trains, including 
        locomotives and rail cars, when operating at speeds not 
        exceeding 160 miles per hour.''.

    (b) Technical Amendment.--The second sentence of section 17(b) of 
the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by striking 
``the Safety Appliance Acts, the Interstate Commerce Act, and the 
Department of Transportation Act'' and inserting ``subtitle V of title 
49, United States Code''.
SEC. 22424. <<NOTE: 49 USC 20109 note.>>  CRITICAL INCIDENT STRESS 
                            PLANS.

    The Secretary shall amend part 272 of title 49, Code of Federal 
Regulations, to the extent necessary to ensure that--
            (1) the coverage of a critical incident stress plan under 
        section 272.7 of such part includes employees of commuter 
        railroads and intercity passenger railroads (as such terms are 
        defined in section 272.9 of such part), including employees who 
        directly interact with passengers; and
            (2) an assault against an employee requiring medical 
        attention is included in the definition of critical incident 
        under section 272.9 of such part.
SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO 
                            SERVICE IN THE UNITED STATES.

    (a) In General.--Subchapter II of chapter 201 of subtitle V of title 
49, United States Code (as amended by section 22416(a)), is amended by 
adding at the end the following:

[[Page 135 STAT. 753]]

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

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

[[Page 135 STAT. 754]]

                    ``(L) a yard car.
            ``(9) Sensitive technology.--The term `sensitive technology' 
        means any device embedded with electronics, software, sensors, 
        or other connectivity, that enables the device to connect to, 
        collect data from, or exchange data with another device, 
        including--
                    ``(A) onboard telematics;
                    ``(B) remote monitoring software;
                    ``(C) firmware;
                    ``(D) analytics;
                    ``(E) global positioning system satellite and 
                cellular location tracking systems;
                    ``(F) event status sensors;
                    ``(G) predictive component condition and performance 
                monitoring sensors; and
                    ``(H) similar sensitive technologies embedded into 
                freight railcar components and sub-assemblies.
            ``(10) State-owned enterprise.--The term `state-owned 
        enterprise' means--
                    ``(A) an entity that is owned by, or under the 
                control of, a national, provincial, or local government 
                of a country of concern, or an agency of such 
                government; or
                    ``(B) an individual acting under the direction or 
                influence of a government or agency described in 
                subparagraph (A).
            ``(11) Substantially transformed.--The term `substantially 
        transformed' means a component of a railroad freight car that 
        undergoes an applicable change in tariff classification as a 
        result of the manufacturing process, as described in chapter 4 
        and related annexes of the USMCA or any subsequent free trade 
        agreement between the United States, Mexico, and Canada.
            ``(12) USMCA.--The term `USMCA' has the meaning given the 
        term in section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act (19 U.S.C. 4502).

    ``(b) Requirements for Railroad Freight Cars.--
            ``(1) <<NOTE: Effective date.>>  Limitation on railroad 
        freight cars.--A railroad freight car wholly manufactured on or 
        after the date that is 1 year after the date of issuance of the 
        regulations required under subsection (c)(1) may only operate on 
        the United States general railroad system of transportation if--
                    ``(A) the railroad freight car is manufactured, 
                assembled, and substantially transformed, as applicable, 
                by a qualified manufacturer in a qualified facility;
                    ``(B) none of the sensitive technology located on 
                the railroad freight car, including components necessary 
                to the functionality of the sensitive technology, 
                originates from a country of concern or is sourced from 
                a state-owned enterprise; and
                    ``(C) none of the content of the railroad freight 
                car, excluding sensitive technology, originates from a 
                country of concern or is sourced from a state-owned 
                enterprise that has been determined by a recognized 
                court or administrative agency of competent jurisdiction 
                and legal authority to have violated or infringed valid 
                United States intellectual property rights of another 
                including such a finding

[[Page 135 STAT. 755]]

                by a Federal district court under title 35 or the U.S. 
                International Trade Commission under section 337 of the 
                Tariff Act of 1930 (19 U.S.C. 1337).
            ``(2) Limitation on railroad freight car content.--
                    ``(A) Percentage limitation.--
                          ``(i) <<NOTE: Deadline.>>  Initial 
                      limitation.--Not later than 1 year after the date 
                      of issuance of the regulations required under 
                      subsection (c)(1), a railroad freight car 
                      described in paragraph (1) may operate on the 
                      United States general railroad system of 
                      transportation only if not more than 20 percent of 
                      the content of the railroad freight car, 
                      calculated by the net cost of all components of 
                      the car and excluding the cost of sensitive 
                      technology, originates from a country of concern 
                      or is sourced from a state-owned enterprise.
                          ``(ii) <<NOTE: Effective date.>>  Subsequent 
                      limitation.--Effective beginning on the date that 
                      is 3 years after the date of issuance of the 
                      regulations required under subsection (c)(1), a 
                      railroad freight car described in paragraph (1) 
                      may operate on the United States general railroad 
                      system of transportation only if not more than 15 
                      percent of the content of the railroad freight 
                      car, calculated by the net cost of all components 
                      of the car and excluding the cost of sensitive 
                      technology, originates from a country of concern 
                      or is sourced from a state-owned enterprise.
                    ``(B) <<NOTE: Applicability.>>  Conflict.--The 
                percentages specified in clauses (i) and (ii) of 
                subparagraph (A), as applicable, shall apply 
                notwithstanding any apparent conflict with provisions of 
                chapter 4 of the USMCA.

    ``(c) Regulations and Penalties.--
            ``(1) <<NOTE: Deadline.>>  Regulations required.--Not later 
        than 2 years after the date of enactment of the Passenger Rail 
        Expansion and Rail Safety Act of 2021, the Secretary of 
        Transportation shall issue such regulations as are necessary to 
        carry out this section, including for the monitoring and 
        sensitive technology requirements of this section.
            ``(2) Certification required.--To be eligible to provide a 
        railroad freight car for operation on the United States general 
        railroad system of transportation, the manufacturer of such car 
        shall annually certify to the Secretary of Transportation that 
        any railroad freight cars to be so provided meet the 
        requirements under this section.
            ``(3) Compliance.--
                    ``(A) Valid certification required.--At the time a 
                railroad freight car begins operation on the United 
                States general railroad system of transportation, the 
                manufacturer of such railroad freight car shall have 
                valid certification described in paragraph (2) for the 
                year in which such car begins operation.
                    ``(B) Registration of noncompliant cars 
                prohibited.--A railroad freight car manufacturer may not 
                register, or cause to be registered, a railroad freight 
                car that does not comply with the requirements under 
                this section in the Association of American Railroad's 
                Umler system.
            ``(4) Civil penalties.--

[[Page 135 STAT. 756]]

                    ``(A) In general.--Pursuant to section 21301, the 
                Secretary of Transportation may assess a civil penalty 
                of not less than $100,000, but not more than $250,000, 
                for each violation of this section for each railroad 
                freight car.
                    ``(B) <<NOTE: Determination.>>  Prohibition on 
                operation for violations.--The Secretary of 
                Transportation may prohibit a railroad freight car 
                manufacturer with respect to which the Secretary has 
                assessed more than 3 violations under subparagraph (A) 
                from providing additional railroad freight cars for 
                operation on the United States general railroad system 
                of transportation until the Secretary determines--
                          ``(i) such manufacturer is in compliance with 
                      this section; and
                          ``(ii) all civil penalties assessed to such 
                      manufacturer pursuant to subparagraph (A) have 
                      been paid in full.''.

    (b) Clerical Amendment.--The analysis for chapter 201 of subtitle V 
of title 49, United States Code (as amended by section 
22416(b)), <<NOTE: 49 USC 20101 prec.>> is amended by adding at the end 
the following:

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

SEC. 22426. <<NOTE: 49 USC 20103 note.>>  RAILROAD POINT OF 
                            CONTACT FOR PUBLIC SAFETY ISSUES.

    All railroads shall--
            (1) provide railroad contact information for public safety 
        issues, including a telephone number, to the relevant Federal, 
        State, and local oversight agencies; and
            (2) <<NOTE: Public information. Web posting.>>  post the 
        information described in paragraph (1) on a publicly accessible 
        website.
SEC. 22427. <<NOTE: Deadline. 49 USC 20140 note.>>  CONTROLLED 
                            SUBSTANCES TESTING FOR MECHANICAL 
                            EMPLOYEES.

    Not later than 180 days after the date of enactment of this Act, the 
Secretary shall amend the regulations under part 219 of title 49, Code 
of Federal Regulations, to require all mechanical employees of railroads 
to be subject to all of the breath or body fluid testing set forth in 
subpart C, D, and E of such part, including random testing, reasonable 
suspicion testing, reasonable cause testing, pre-employment testing, 
return-to-duty testing, and follow-up testing.

                     TITLE III--MOTOR CARRIER SAFETY

SEC. 23001. <<NOTE: Time periods.>>  AUTHORIZATION OF 
                            APPROPRIATIONS.

    (a) Administrative Expenses.--Section 31110 of title 49, United 
States Code, is amended by striking subsection (a) and inserting the 
following:
    ``(a) Administrative Expenses.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to pay administrative 
expenses of the Federal Motor Carrier Safety Administration--
            ``(1) $360,000,000 for fiscal year 2022;
            ``(2) $367,500,000 for fiscal year 2023;
            ``(3) $375,000,000 for fiscal year 2024;
            ``(4) $382,500,000 for fiscal year 2025; and

[[Page 135 STAT. 757]]

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

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

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

[[Page 135 STAT. 758]]

                    (D) in subparagraph (A) (as so designated), by 
                adding at the end the following:
                          ``(ii) <<NOTE: Reimbursement.>>  Commercial 
                      motor vehicle enforcement training and support 
                      grant program.--The Secretary shall reimburse a 
                      recipient, in accordance with a financial 
                      assistance agreement made under section 
                      31102(l)(5), an amount that is equal to 100 
                      percent of the costs incurred by the recipient in 
                      a fiscal year in developing and implementing a 
                      training program under that section.'';
            (3) in subsection (c)--
                    (A) in the subsection heading, by striking ``Partner 
                Training and'';
                    (B) in the first sentence--
                          (i) by striking ``(4)'' and inserting ``(5)''; 
                      and
                          (ii) by striking ``partner training and''; and
                    (C) by striking the second sentence; and
            (4) in subsection (f)--
                    (A) in paragraph (1), by striking ``for the next 
                fiscal year'' and inserting ``for the next 2 fiscal 
                years'';
                    (B) in paragraph (4), by striking ``for the next 
                fiscal year'' and inserting ``for the next 2 fiscal 
                years'';
                    (C) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (D) by inserting after paragraph (3) the following:
            ``(4) For grants made for carrying out section 31102(l)(5), 
        for the fiscal year in which the Secretary approves the 
        financial assistance agreement and for the next 4 fiscal 
        years.''; and
            (5) in subsection (i)--
                    (A) by striking ``Amounts not expended'' and 
                inserting the following:
            ``(1) In general.--Except as provided in paragraph (2), 
        amounts not expended''; and
                    (B) by adding at the end the following:
            ``(2) Motor carrier safety assistance program.--Amounts made 
        available for the motor carrier safety assistance program 
        established under section 31102 (other than amounts made 
        available to carry out section 31102(l)) that are not expended 
        by a recipient during the period of availability shall be 
        released back to the Secretary for reallocation under that 
        program.''.

    (c) Enforcement Data Updates.--Section 31102(h)(2)(A) of title 49, 
United States Code, is amended by striking ``2004 and 2005'' and 
inserting ``2014 and 2015''.
SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

    Section 4144 of the SAFETEA-LU (49 U.S.C. 31100 note; Public Law 
109-59) is amended--
            (1) in subsection (b)(1), in the second sentence, by 
        inserting ``, including small business motor carriers'' after 
        ``industry''; and
            (2) in subsection (d), by striking ``September 30, 2013'' 
        and inserting ``September 30, 2025''.
SEC. 23003. COMBATING HUMAN TRAFFICKING.

    Section 31102(l) of title 49, United States Code, is amended--
            (1) in paragraph (2)--

[[Page 135 STAT. 759]]

                    (A) in subparagraph (G)(ii), by striking ``and'' at 
                the end;
                    (B) by redesignating subparagraph (H) as 
                subparagraph (J); and
                    (C) by inserting after subparagraph (G) the 
                following:
                    ``(H) support, through the use of funds otherwise 
                available for such purposes--
                          ``(i) the recognition, prevention, and 
                      reporting of human trafficking, including the 
                      trafficking of human beings--
                                    ``(I) in a commercial motor vehicle; 
                                or
                                    ``(II) by any occupant, including 
                                the operator, of a commercial motor 
                                vehicle;
                          ``(ii) the detection of criminal activity or 
                      any other violation of law relating to human 
                      trafficking; and
                          ``(iii) enforcement of laws relating to human 
                      trafficking;
                    ``(I) otherwise support the recognition, prevention, 
                and reporting of human trafficking; and''; and
            (2) in paragraph (3)(D)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
                          ``(iv) for the detection of, and enforcement 
                      actions taken as a result of, criminal activity 
                      (including the trafficking of human beings)--
                                    ``(I) in a commercial motor vehicle; 
                                or
                                    ``(II) by any occupant, including 
                                the operator, of a commercial motor 
                                vehicle; and
                          ``(v) in addition to any funds otherwise made 
                      available for the recognition, prevention, and 
                      reporting of human trafficking, to support the 
                      recognition, prevention, and reporting of human 
                      trafficking.''.
SEC. 23004. IMMOBILIZATION GRANT PROGRAM.

    Section 31102(l) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(4) Immobilization grant program.--
                    ``(A) Definition of passenger-carrying commercial 
                motor vehicle.--In this paragraph, the term `passenger-
                carrying commercial motor vehicle' has the meaning given 
                the term `commercial motor vehicle' in section 31301.
                    ``(B) Establishment.--The Secretary shall establish 
                an immobilization grant program under which the 
                Secretary shall provide to States discretionary grants 
                for the immobilization or impoundment of passenger-
                carrying commercial motor vehicles that--
                          ``(i) <<NOTE: Determination.>>  are determined 
                      to be unsafe; or
                          ``(ii) fail inspection.
                    ``(C) <<NOTE: Consultation. Determination.>>  List 
                of criteria for immobilization.--The Secretary, in 
                consultation with State commercial motor vehicle 
                entities, shall develop a list of commercial motor 
                vehicle safety violations and defects that the Secretary 
                determines warrant the immediate immobilization of a 
                passenger-carrying commercial motor vehicle.

[[Page 135 STAT. 760]]

                    ``(D) Eligibility.--A State shall be eligible to 
                receive a grant under this paragraph only if the State 
                has the authority to require the immobilization or 
                impoundment of a passenger-carrying commercial motor 
                vehicle--
                          ``(i) with respect to which a motor vehicle 
                      safety violation included in the list developed 
                      under subparagraph (C) is determined to exist; or
                          ``(ii) that is determined to have a defect 
                      included in that list.
                    ``(E) Use of funds.--A grant provided under this 
                paragraph may be used for--
                          ``(i) the immobilization or impoundment of 
                      passenger-carrying commercial motor vehicles 
                      described in subparagraph (D);
                          ``(ii) safety inspections of those passenger-
                      carrying commercial motor vehicles; and
                          ``(iii) any other activity relating to an 
                      activity described in clause (i) or (ii), as 
                      determined by the Secretary.
                    ``(F) Secretary authorization.--The Secretary may 
                provide to a State amounts for the costs associated with 
                carrying out an immobilization program using funds made 
                available under section 31104(a)(2).''.
SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND 
                            SUPPORT.

    Section 31102(l) of title 49, United States Code (as amended by 
section 23004), is amended--
            (1) in paragraph (1), by striking ``(2) and (3)'' and 
        inserting ``(2) through (5)''; and
            (2) by adding at the end the following:
            ``(5) Commercial motor vehicle enforcement training and 
        support grant program.--
                    ``(A) In general.--The Secretary shall administer a 
                commercial motor vehicle enforcement training and 
                support grant program funded under section 31104(a)(3), 
                under which the Secretary shall make discretionary 
                grants to eligible entities described in subparagraph 
                (C) for the purposes described in subparagraph (B).
                    ``(B) Purposes.--The purposes of the grant program 
                under subparagraph (A) are--
                          ``(i) to train non-Federal employees who 
                      conduct commercial motor vehicle enforcement 
                      activities; and
                          ``(ii) to develop related training materials.
                    ``(C) Eligible entities.--An entity eligible for a 
                discretionary grant under the program described in 
                subparagraph (A) is a nonprofit organization that has--
                          ``(i) expertise in conducting a training 
                      program for non-Federal employees; and
                          ``(ii) the ability to reach and involve in a 
                      training program a target population of commercial 
                      motor vehicle safety enforcement employees.''.
SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.

    (a) Definitions.--In this section:

[[Page 135 STAT. 761]]

            (1) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given the term in section 31132 of 
        title 49, United States Code.
            (2) Study.--The term ``study'' means the study carried out 
        under subsection (b).

    (b) Study.--The Secretary shall carry out a comprehensive study--
            (1) <<NOTE: Determination.>>  to determine the causes of, 
        and contributing factors to, crashes that involve a commercial 
        motor vehicle; and
            (2) <<NOTE: Data.>>  to identify data requirements, data 
        collection procedures, reports, and any other measures that can 
        be used to improve the ability of States and the Secretary--
                    (A) <<NOTE: Evaluation.>>  to evaluate future 
                crashes involving commercial motor vehicles;
                    (B) to monitor crash trends and identify causes and 
                contributing factors; and
                    (C) to develop effective safety improvement policies 
                and programs.

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

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

    (e) Public Comment.--The Secretary shall make available for public 
comment information about the objectives, methodology, implementation, 
findings, and other aspects of the study.
    (f) <<NOTE: Recommenda- tions.>>  Reports.--As soon as practicable 
after the date on which the study is completed, the Secretary shall 
submit to Congress a report describing the results of the study and any 
legislative recommendations to facilitate reductions in the matters 
described in paragraphs (1) through (3) of subsection (c).
SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE.

    (a) Findings.--Congress finds that--
            (1) women make up 47 percent of the workforce of the United 
        States;
            (2) women are significantly underrepresented in the trucking 
        industry, holding only 24 percent of all transportation and 
        warehousing jobs and representing only--
                    (A) 6.6 percent of truck drivers;

[[Page 135 STAT. 762]]

                    (B) 12.5 percent of all workers in truck 
                transportation; and
                    (C) 8 percent of freight firm owners;
            (3) given the total number of women truck drivers, women are 
        underrepresented in the truck-driving workforce; and
            (4) women truck drivers have been shown to be 20 percent 
        less likely than male counterparts to be involved in a crash.

    (b) Sense of Congress Regarding Women in Trucking.--It is the sense 
of Congress that the trucking industry should explore every opportunity 
to encourage and support the pursuit and retention of careers in 
trucking by women, including through programs that support recruitment, 
driver training, and mentorship.
    (c) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Motor Carrier Safety 
        Administration.
            (2) Board.--The term ``Board'' means the Women of Trucking 
        Advisory Board established under subsection (d)(1).
            (3) Large trucking company.--The term ``large trucking 
        company'' means a motor carrier (as defined in section 13102 of 
        title 49, United States Code) with more than 100 power units.
            (4) Mid-sized trucking company.--The term ``mid-sized 
        trucking company'' means a motor carrier (as defined in section 
        13102 of title 49, United States Code) with not fewer than 11 
        power units and not more than 100 power units.
            (5) Power unit.--The term ``power unit'' means a self-
        propelled vehicle under the jurisdiction of the Federal Motor 
        Carrier Safety Administration.
            (6) Small trucking company.--The term ``small trucking 
        company'' means a motor carrier (as defined in section 13102 of 
        title 49, United States Code) with not fewer than 1 power unit 
        and not more than 10 power units.

    (d) Women of Trucking Advisory Board.--
            (1) Establishment.--To encourage women to enter the field of 
        trucking, the Administrator shall establish and facilitate an 
        advisory board, to be known as the ``Women of Trucking Advisory 
        Board'', to review and report on policies that--
                    (A) provide education, training, mentorship, or 
                outreach to women in the trucking industry; and
                    (B) recruit, retain, or advance women in the 
                trucking industry.
            (2) Membership.--
                    (A) In general.--The Board shall be composed of not 
                fewer than 8 members whose backgrounds, experience, and 
                certifications allow those members to contribute 
                balanced points of view and diverse ideas regarding the 
                matters described in paragraph (3)(B).
                    (B) Appointment.--
                          (i) <<NOTE: Deadline.>>  In general.--Not 
                      later than 270 days after the date of enactment of 
                      this Act, the Administrator shall appoint the 
                      members of the Board, of whom--
                                    (I) not fewer than 1 shall be a 
                                representative of large trucking 
                                companies;
                                    (II) not fewer than 1 shall be a 
                                representative of mid-sized trucking 
                                companies;

[[Page 135 STAT. 763]]

                                    (III) not fewer than 1 shall be a 
                                representative of small trucking 
                                companies;
                                    (IV) not fewer than 1 shall be a 
                                representative of nonprofit 
                                organizations in the trucking industry;
                                    (V) not fewer than 1 shall be a 
                                representative of trucking business 
                                associations;
                                    (VI) not fewer than 1 shall be a 
                                representative of independent owner-
                                operators;
                                    (VII) not fewer than 1 shall be a 
                                woman who is a professional truck 
                                driver; and
                                    (VIII) not fewer than 1 shall be a 
                                representative of an institution of 
                                higher education or trucking trade 
                                school.
                          (ii) Diversity.--A member of the Board 
                      appointed under any of subclauses (I) through 
                      (VIII) of clause (i) may not be appointed under 
                      any other subclause of that clause.
                    (C) Terms.--Each member shall be appointed for the 
                life of the Board.
                    (D) Compensation.--A member of the Board shall serve 
                without compensation.
            (3) Duties.--
                    (A) In general.--The Board shall identify--
                          (i) barriers and industry trends that directly 
                      or indirectly discourage women from pursuing and 
                      retaining careers in trucking, including--
                                    (I) any particular barriers and 
                                trends that impact women minority 
                                groups;
                                    (II) any particular barriers and 
                                trends that impact women who live in 
                                rural, suburban, or urban areas; and
                                    (III) any safety risks unique to 
                                women in the trucking industry;
                          (ii) ways in which the functions of trucking 
                      companies, nonprofit organizations, training and 
                      education providers, and trucking associations may 
                      be coordinated to facilitate support for women 
                      pursuing careers in trucking;
                          (iii) opportunities to expand existing 
                      opportunities for women in the trucking industry; 
                      and
                          (iv) opportunities to enhance trucking 
                      training, mentorship, education, and advancement 
                      and outreach programs that would increase the 
                      number of women in the trucking industry.
                    (B) <<NOTE: Recommenda- tions.>>  Report.--Not later 
                than 2 years after the date of enactment of this Act, 
                the Board shall submit to the Administrator a report 
                containing the findings and recommendations of the 
                Board, including recommendations that companies, 
                associations, institutions, other organizations, or the 
                Administrator may adopt--
                          (i) to address any industry trends identified 
                      under subparagraph (A)(i);
                          (ii) <<NOTE: Coordination.>>  to coordinate 
                      the functions of trucking companies, nonprofit 
                      organizations, and trucking associations in a 
                      manner that facilitates support for women pursuing 
                      careers in trucking;

[[Page 135 STAT. 764]]

                          (iii)(I) to take advantage of any 
                      opportunities identified under subparagraph 
                      (A)(iii); and
                          (II) to create new opportunities to expand 
                      existing scholarship opportunities for women in 
                      the trucking industry; and
                          (iv) to enhance trucking training, mentorship, 
                      education, and outreach programs that are 
                      exclusive to women.
            (4) Report to congress.--
                    (A) In general.--Not later than 3 years after the 
                date of enactment of this Act, the Administrator shall 
                submit to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report describing--
                          (i) the findings and recommendations of the 
                      Board under paragraph (3)(B); and
                          (ii) any actions taken by the Administrator to 
                      adopt the recommendations of the Board (or an 
                      explanation of the reasons for not adopting the 
                      recommendations).
                    (B) Public availability.--The Administrator shall 
                make the report under subparagraph (A) publicly 
                available--
                          (i) <<NOTE: Web posting.>>  on the website of 
                      the Federal Motor Carrier Safety Administration; 
                      and
                          (ii) in appropriate offices of the Federal 
                      Motor Carrier Safety Administration.
            (5) Termination.--The Board shall terminate on submission of 
        the report to Congress under paragraph (4).
SEC. 23008. <<NOTE: 49 USC 31142 note.>>  STATE INSPECTION OF 
                            PASSENGER-CARRYING COMMERCIAL MOTOR 
                            VEHICLES.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall solicit 
additional comment on the advance notice of proposed rulemaking entitled 
``State Inspection Programs for Passenger-Carrier Vehicles'' (81 Fed. 
Reg. 24769 (April 27, 2016)).

    (b) Final Rule.--
            (1) <<NOTE: Determination.>>  In general.--After reviewing 
        all comments received in response to the solicitation under 
        subsection (a), if the Secretary determines that data and 
        information exist to support moving forward with a final 
        rulemaking action, the Secretary shall issue a final rule 
        relating to the advance notice of proposed rulemaking described 
        in that subsection.
            (2) Considerations.--In determining whether to issue a final 
        rule under paragraph (1), the Secretary shall consider the 
        impact of continuing to allow self-inspection as a means to 
        satisfy periodic inspection requirements on the safety of 
        passenger carrier operations.
SEC. 23009. TRUCK LEASING TASK FORCE.

    (a) <<NOTE: Deadline. Consultation.>>  Establishment.--Not later 
than 180 days after the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of Labor, shall establish a task force, 
to be known as the ``Truck Leasing Task Force'' (referred to in this 
section as the ``Task Force'').

    (b) Membership.--

[[Page 135 STAT. 765]]

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

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

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

[[Page 135 STAT. 766]]

                    (B) assisting a commercial motor vehicle driver who 
                has entered into a predatory lease agreement; and
                    (C) preventing coercion and impacts on safety as 
                described in section 31136 of title 49, United States 
                Code; and
            (3) <<NOTE: Recommenda- tions.>>  recommendations relating 
        to changes to laws (including regulations), as applicable, at 
        the Federal, State, or local level to promote fair leasing 
        agreements under which a commercial motor vehicle driver, 
        including a short haul driver, who is a party to such an 
        agreement is able to earn a rate commensurate with other 
        commercial motor vehicle drivers performing similar duties.

    (e) Termination.--Not later than 30 days after the date on which the 
report under subsection (d) is submitted, the Task Force shall 
terminate.
SEC. 23010. <<NOTE: 49 USC 31136 note.>>  AUTOMATIC EMERGENCY 
                            BRAKING.

    (a) Definitions.--In this section:
            (1) Automatic emergency braking system.--The term 
        ``automatic emergency braking system'' means a system on a 
        commercial motor vehicle that, based on a predefined distance 
        and closing rate with respect to an obstacle in the path of the 
        commercial motor vehicle--
                    (A) alerts the driver of the obstacle; and
                    (B) if necessary to avoid or mitigate a collision 
                with the obstacle, automatically applies the brakes of 
                the commercial motor vehicle.
            (2) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given the term in section 31101 of 
        title 49, United States Code.

    (b) Federal Motor Vehicle Safety Standard.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years 
        after the date of enactment of this Act, the Secretary shall--
                    (A) prescribe a motor vehicle safety standard under 
                section 30111 of title 49, United States Code, that 
                requires any commercial motor vehicle subject to section 
                571.136 of title 49, Code of Federal Regulations 
                (relating to Federal Motor Vehicle Safety Standard 
                Number 136) (or a successor regulation) that is 
                manufactured after the effective date of the standard 
                prescribed under this subparagraph to be equipped with 
                an automatic emergency braking system; and
                    (B) as part of the standard under subparagraph (A), 
                establish performance requirements for automatic 
                emergency braking systems.
            (2) Considerations.--Prior to prescribing the motor vehicle 
        safety standard under paragraph (1)(A), the Secretary shall--
                    (A) <<NOTE: Review.>>  conduct a review of automatic 
                emergency braking systems in use in applicable 
                commercial motor vehicles and address any identified 
                deficiencies with respect to those automatic emergency 
                braking systems in the rulemaking proceeding to 
                prescribe the standard, if practicable; and
                    (B) <<NOTE: Consultation.>>  consult with 
                representatives of commercial motor vehicle drivers 
                regarding the experiences of drivers with automatic 
                emergency braking systems in use in applicable 
                commercial motor vehicles, including any malfunctions or

[[Page 135 STAT. 767]]

                unwarranted activations of those automatic emergency 
                braking systems.

    (c) <<NOTE: Deadline.>>  Federal Motor Carrier Safety Regulation.--
Not later than 1 year after the date of enactment of this Act, the 
Secretary shall prescribe a regulation under section 31136 of title 49, 
United States Code, that requires that an automatic emergency braking 
system installed in a commercial motor vehicle manufactured after the 
effective date of the standard prescribed under subsection (b)(1)(A) 
that is in operation on or after that date and is subject to section 
571.136 of title 49, Code of Federal Regulations (relating to Federal 
Motor Vehicle Safety Standard Number 136) (or a successor regulation) be 
used at any time during which the commercial motor vehicle is in 
operation.

    (d) Report on Automatic Emergency Braking in Other Commercial Motor 
Vehicles.--
            (1) <<NOTE: Deadline. Assessment.>>  Study.--Not later than 
        2 years after the date of enactment of this Act, the Secretary 
        shall complete a study on equipping a variety of commercial 
        motor vehicles not subject to section 571.136 of title 49, Code 
        of Federal Regulations (relating to Federal Motor Vehicle Safety 
        Standard Number 136) (or a successor regulation) as of that date 
        of enactment with automatic emergency braking systems to avoid 
        or mitigate a collision with an obstacle in the path of the 
        commercial motor vehicle, including an assessment of the 
        feasibility, benefits, and costs associated with installing 
        automatic emergency braking systems on a variety of newly 
        manufactured commercial motor vehicles with a gross vehicle 
        weight rating greater than 10,001 pounds.
            (2) <<NOTE: Contracts.>>  Independent research.--If the 
        Secretary enters into a contract with a third party to perform 
        research relating to the study required under paragraph (1), the 
        Secretary shall ensure that the third party does not have any 
        financial or contractual ties to, or relationships with--
                    (A) a motor carrier that transports passengers or 
                property for compensation;
                    (B) the motor carrier industry; or
                    (C) an entity producing or supplying automatic 
                emergency braking systems.
            (3) <<NOTE: Deadline.>>  Public comment.--Not later than 90 
        days after the date on which the study under paragraph (1) is 
        completed, the Secretary shall--
                    (A) <<NOTE: Notice. Federal 
                Register, publication.>>  issue a notice in the Federal 
                Register containing the findings of the study; and
                    (B) provide an opportunity for public comment.
            (4) Report to congress.--Not later than 90 days after the 
        conclusion of the public comment period under paragraph (3)(B), 
        the Secretary shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committees on 
        Transportation and Infrastructure and Energy and Commerce of the 
        House of Representatives a report that includes--
                    (A) the results of the study under paragraph (1);
                    (B) <<NOTE: Summary.>>  a summary of any comments 
                received under paragraph (3)(B); and
                    (C) <<NOTE: Determination.>>  a determination as to 
                whether the Secretary intends to develop performance 
                requirements for automatic emergency braking systems for 
                applicable commercial

[[Page 135 STAT. 768]]

                motor vehicles, including any analysis that led to that 
                determination.
            (5) <<NOTE: Deadline. Determinations.>>  Rulemaking.--Not 
        later than 2 years after the date on which the study under 
        paragraph (1) is completed, the Secretary shall--
                    (A) determine whether a motor vehicle safety 
                standard relating to equipping the commercial motor 
                vehicles described in that paragraph with automatic 
                emergency braking systems would meet the requirements 
                and considerations described in subsections (a) and (b) 
                of section 30111 of title 49, United States Code; and
                    (B) if the Secretary determines that a motor vehicle 
                safety standard described in subparagraph (A) would meet 
                the requirements and considerations described in that 
                subparagraph, initiate a rulemaking to prescribe such a 
                motor vehicle safety standard.
SEC. 23011. <<NOTE: 49 USC 39111 note.>>  UNDERRIDE PROTECTION.

    (a) Definitions.--In this section:
            (1) Committee.--The term ``Committee'' means the Advisory 
        Committee on Underride Protection established under subsection 
        (d)(1).
            (2) Motor carrier.--The term ``motor carrier'' has the 
        meaning given the term in section 13102 of title 49, United 
        States Code.
            (3) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' has the meaning given the term in section 32101 of 
        title 49, United States Code.
            (4) Underride crash.--The term ``underride crash'' means a 
        crash in which a trailer or semitrailer intrudes into the 
        passenger compartment of a passenger motor vehicle.

    (b) Rear Underride Guards.--
            (1) Trailers and semitrailers.--
                    (A) <<NOTE: Deadline. Regulations. Requirement.>>  
                In general.--Not later than 1 year after the date of 
                enactment of this Act, the Secretary shall promulgate 
                such regulations as are necessary to revise sections 
                571.223 and 571.224 of title 49, Code of Federal 
                Regulations (relating to Federal Motor Vehicle Safety 
                Standard Numbers 223 and 224, respectively), to require 
                trailers and semitrailers manufactured after the date on 
                which those regulations are promulgated to be equipped 
                with rear impact guards that are designed to prevent 
                passenger compartment intrusion from a trailer or 
                semitrailer when a passenger motor vehicle traveling at 
                35 miles per hour makes--
                          (i) an impact in which the passenger motor 
                      vehicle impacts the center of the rear of the 
                      trailer or semitrailer;
                          (ii) an impact in which 50 percent of the 
                      width of the passenger motor vehicle overlaps the 
                      rear of the trailer or semitrailer; and
                          (iii) <<NOTE: Determination.>>  an impact in 
                      which 30 percent of the width of the passenger 
                      motor vehicle overlaps the rear of the trailer or 
                      semitrailer, if the Secretary determines that a 
                      revision of sections 571.223 and 571.224 of title 
                      49, Code of Federal Regulations (relating to 
                      Federal Motor Vehicle Safety Standard Numbers 223 
                      and 224,

[[Page 135 STAT. 769]]

                      respectively) to address such an impact would meet 
                      the requirements and considerations described in 
                      subsections (a) and (b) of section 30111 of title 
                      49, United States Code.
                    (B) <<NOTE: Compliance. Deadline.>>  Effective 
                date.--The regulations promulgated under subparagraph 
                (A) shall require full compliance with each Federal 
                Motor Vehicle Safety Standard revised pursuant to those 
                regulations not later than 2 years after the date on 
                which those regulations are promulgated.
            (2) Additional research.--The Secretary shall conduct 
        additional research on the design and development of rear impact 
        guards that can--
                    (A) prevent underride crashes in cases in which the 
                passenger motor vehicle is traveling at speeds of up to 
                65 miles per hour; and
                    (B) protect passengers in passenger motor vehicles 
                against severe injury in crashes in which the passenger 
                motor vehicle is traveling at speeds of up to 65 miles 
                per hour.
            (3) <<NOTE: Deadline.>>  Review of standards.--Not later 
        than 5 years after the date on which the regulations under 
        paragraph (1)(A) are promulgated, the Secretary shall--
                    (A) review the Federal Motor Vehicle Safety 
                Standards revised pursuant to those regulations and any 
                other requirements of those regulations relating to rear 
                underride guards on trailers or semitrailers to evaluate 
                the need for changes in response to advancements in 
                technology; and
                    (B) <<NOTE: Update.>>  update those Federal Motor 
                Vehicle Safety Standards and those regulations 
                accordingly.
            (4) Inspections.--
                    (A) <<NOTE: Deadline. Regulations.>>  In general.--
                Not later than 1 year after the date of enactment of 
                this Act, the Secretary shall promulgate such 
                regulations as are necessary to revise the regulations 
                relating to minimum periodic inspection standards under 
                appendix G to subchapter B of chapter III of title 49, 
                Code of Federal Regulations, and the regulations 
                relating to driver vehicle inspection reports under 
                section 396.11 of that title to include requirements 
                relating to rear impact guards and rear end protection 
                that are consistent with the requirements described in 
                section 393.86 of that title.
                    (B) Considerations.--In revising the regulations 
                described in subparagraph (A), the Secretary shall 
                consider it to be a defect or a deficiency if a rear 
                impact guard is missing an, or has a corroded or 
                compromised, element that affects the structural 
                integrity and protective feature of the rear impact 
                guard.

    (c) Side Underride Guards.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 1 year 
        after the date of enactment of this Act, the Secretary shall--
                    (A) complete additional research on side underride 
                guards to better understand the overall effectiveness of 
                side underride guards;
                    (B) <<NOTE: Assessment.>>  assess the feasibility, 
                benefits, and costs of, and any impacts on intermodal 
                equipment, freight mobility (including port operations), 
                and freight capacity associated

[[Page 135 STAT. 770]]

                with, installing side underride guards on newly 
                manufactured trailers and semitrailers with a gross 
                vehicle weight rating of 10,000 pounds or more;
                    (C) consider the unique structural and operational 
                aspects of--
                          (i) intermodal chassis (as defined in section 
                      340.2 of title 46, Code of Federal Regulations; 
                      and
                          (ii) pole trailers (as defined in section 
                      390.5 of title 49, Code of Federal Regulations; 
                      and
                    (D) <<NOTE: Standards.>>  if warranted, develop 
                performance standards for side underride guards.
            (2) <<NOTE: Contracts.>>  Independent research.--If the 
        Secretary enters into a contract with a third party to perform 
        the research required under paragraph (1)(A), the Secretary 
        shall ensure that the third party does not have any financial or 
        contractual ties to, or relationships with--
                    (A) a motor carrier that transports passengers or 
                property for compensation;
                    (B) the motor carrier industry; or
                    (C) an entity producing or supplying underride 
                guards.
            (3) <<NOTE: Deadline.>>  Publication of assessment.--Not 
        later than 90 days after completion of the assessment required 
        under paragraph (1)(B), the Secretary shall--
                    (A) <<NOTE: Notice. Federal 
                Register, publication.>>  issue a notice in the Federal 
                Register containing the findings of the assessment; and
                    (B) <<NOTE: Public comment.>>  provide an 
                opportunity for public comment.
            (4) Report to congress.--Not later than 90 days after the 
        conclusion of the public comment period under paragraph (3)(B), 
        the Secretary shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that includes--
                    (A) the results of the assessment under paragraph 
                (1)(B);
                    (B) <<NOTE: Summary.>>  a summary of any comments 
                received by the Secretary under paragraph (3)(B); and
                    (C) <<NOTE: Determination. Analysis.>>  a 
                determination as to whether the Secretary intends to 
                develop performance requirements for side underride 
                guards, including any analysis that led to that 
                determination.

    (d) Advisory Committee on Underride Protection.--
            (1) <<NOTE: Recommenda-tions.>>  Establishment.--The 
        Secretary shall establish an Advisory Committee on Underride 
        Protection to provide advice and recommendations to the 
        Secretary on safety regulations to reduce underride crashes and 
        fatalities relating to underride crashes.
            (2) Membership.--
                    (A) <<NOTE: Appointments.>>  In general.--The 
                Committee shall be composed of not more than 20 members, 
                appointed by the Secretary, who--
                          (i) are not employees of the Department; and
                          (ii) are qualified to serve on the Committee 
                      because of their expertise, training, or 
                      experience.
                    (B) Representation.--The Committee shall include 2 
                representatives of each of the following:
                          (i) Truck and trailer manufacturers.

[[Page 135 STAT. 771]]

                          (ii) Motor carriers, including independent 
                      owner-operators.
                          (iii) Law enforcement.
                          (iv) Motor vehicle engineers.
                          (v) Motor vehicle crash investigators.
                          (vi) Truck safety organizations.
                          (vii) The insurance industry.
                          (viii) Emergency medical service providers.
                          (ix) Families of underride crash victims.
                          (x) Labor organizations.
            (3) Compensation.--Members of the Committee shall serve 
        without compensation.
            (4) <<NOTE: Time period.>>  Meetings.--The Committee shall 
        meet not less frequently than annually.
            (5) Support.--On request of the Committee, the Secretary 
        shall provide information, administrative services, and supplies 
        necessary for the Committee to carry out the duties of the 
        Committee.
            (6) Report.--The Committee shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a biennial report that--
                    (A) <<NOTE: Recommenda- tions.>>  describes the 
                advice and recommendations made to the Secretary; and
                    (B) <<NOTE: Assessment.>>  includes an assessment of 
                progress made by the Secretary in advancing safety 
                regulations relating to underride crashes.

    (e) <<NOTE: Deadline.>>  Data Collection.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall implement 
the recommendations described in the report of the Government 
Accountability Office entitled ``Truck Underride Guards: Improved Data 
Collection, Inspections, and Research Needed'', published on March 14, 
2019, and numbered GAO-19-264.
SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES.

    Section 13506(b) of title 49, United States Code, is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) transportation by a motor vehicle designed or used to 
        transport not fewer than 9, and not more than 15, passengers 
        (including the driver), whether operated alone or with a trailer 
        attached for the transport of recreational equipment, if--
                    ``(A) the motor vehicle is operated by a person that 
                provides recreational activities;
                    ``(B) the transportation is provided within a 150 
                air-mile radius of the location at which passengers 
                initially boarded the motor vehicle at the outset of the 
                trip; and
                    ``(C) in the case of a motor vehicle transporting 
                passengers over a route between a place in a State and a 
                place in another State, the person operating the motor 
                vehicle is lawfully providing transportation of 
                passengers over the entire route in accordance with 
                applicable State law.''.

[[Page 135 STAT. 772]]

SEC. 23013. <<NOTE: 49 USC 14104 note.>>  AMENDMENTS TO 
                            REGULATIONS RELATING TO TRANSPORTATION 
                            OF HOUSEHOLD GOODS IN INTERSTATE 
                            COMMERCE.

    (a) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the 
        Federal Motor Carrier Safety Administration.
            (2) Covered carrier.--The term ``covered carrier'' means a 
        motor carrier that is--
                    (A) engaged in the interstate transportation of 
                household goods; and
                    (B) subject to the requirements of part 375 of title 
                49, Code of Federal Regulations (as in effect on the 
                effective date of any amendments made pursuant to the 
                notice of proposed rulemaking issued under subsection 
                (b)).

    (b) <<NOTE: Deadline. Notice. Determination.>>  Amendments to 
Regulations.--Not later than 1 year after the date of enactment of this 
Act, the Secretary shall issue a notice of proposed rulemaking to amend, 
as the Secretary determines to be appropriate, regulations relating to 
the interstate transportation of household goods.

    (c) <<NOTE: Recommenda- tions. Requirements.>>  Considerations.--In 
issuing the notice of proposed rulemaking under subsection (b), the 
Secretary shall consider amending the following provisions of title 49, 
Code of Federal Regulations, in accordance with the following 
recommendations:
            (1) <<NOTE: Web postings.>>  Section 375.207(b) to require 
        each covered carrier to include on the website of the covered 
        carrier a link--
                    (A) to the publication of the Administration 
                entitled ``Ready to Move-Tips for a Successful 
                Interstate Move'' and numbered ESA-03-005 on the website 
                of the Administration; or
                    (B) <<NOTE: Records.>>  to a copy of the publication 
                referred to in subparagraph (A) on the website of the 
                covered carrier.
            (2) <<NOTE: Web posting. Records.>>  Subsections (a) and 
        (b)(1) of section 375.213 to require each covered carrier to 
        provide to each individual shipper, together with any written 
        estimate provided to the shipper, a copy of the publication 
        described in appendix A of part 375 of that title, entitled 
        ``Your Rights and Responsibilities When You Move'' and numbered 
        ESA-03-006 (or a successor publication), in the form of a 
        written copy or a hyperlink on the website of the covered 
        carrier to the location on the website of the Administration 
        containing that publication.
            (3) <<NOTE: Repeal.>>  Section 375.213 to repeal subsection 
        (e) of that section.
            (4) <<NOTE: Surveys.>>  Section 375.401(a) to require each 
        covered carrier--
                    (A) to conduct a visual survey of the household 
                goods to be transported by the covered carrier--
                          (i) in person; or
                          (ii) virtually, using--
                                    (I) a remote camera; or
                                    (II) another appropriate technology;
                    (B) to offer a visual survey described in 
                subparagraph (A) for all household goods shipments, 
                regardless of the distance between--
                          (i) the location of the household goods; and
                          (ii) the location of the agent of the covered 
                      carrier preparing the estimate; and
                    (C) <<NOTE: Records.>>  to provide to each shipper a 
                copy of the publication of the Administration entitled 
                ``Ready to Move-Tips for a Successful Interstate Move'' 
                and numbered ESA-03-005

[[Page 135 STAT. 773]]

                on receipt from the shipper of a request to schedule, or 
                a waiver of, a visual survey offered under subparagraph 
                (B).
            (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and 
        375.405(b)(7)(ii), and subpart D of appendix A of part 375, to 
        require that, in any case in which a shipper tenders any 
        additional item or requests any additional service prior to 
        loading a shipment, the affected covered carrier shall--
                    (A) <<NOTE: Estimate.>>  prepare a new estimate; and
                    (B) <<NOTE: Records.>>  maintain a record of the 
                date, time, and manner in which the new estimate was 
                accepted by the shipper.
            (6) Section 375.501(a), to establish that a covered carrier 
        is not required to provide to a shipper an order for service if 
        the covered carrier elects to provide the information described 
        in paragraphs (1) through (15) of that section in a bill of 
        lading that is presented to the shipper before the covered 
        carrier receives the shipment.
            (7) Subpart H of part 375, to replace the replace the terms 
        ``freight bill'' and ``expense bill'' with the term ``invoice''.
SEC. 23014. <<NOTE: 49 USC 31144 note.>>  IMPROVING FEDERAL-STATE 
                            MOTOR CARRIER SAFETY ENFORCEMENT 
                            COORDINATION.

    (a) Definitions.--In this section:
            (1) Covered state.--The term ``covered State'' means a State 
        that receives Federal funds under the motor carrier safety 
        assistance program established under section 31102 of title 49, 
        United States Code.
            (2) Imminent hazard.--The term ``imminent hazard'' has the 
        same meaning as in section 521 of title 49, United States Code.

    (b) <<NOTE: Federal Register, publication. Deadline.>>  Review and 
Enforcement of State Out-of-service Orders.--As soon as practicable 
after the date of enactment of this Act, the Secretary shall publish in 
the Federal Register a process under which the Secretary shall review 
each out-of-service order issued by a covered State in accordance with 
section 31144(d) of title 49, United States Code, by not later than 30 
days after the date on which the out-of-service order is submitted to 
the Secretary by the covered State.

    (c) Review and Enforcement of State Imminent Hazard 
Determinations.--
            (1) <<NOTE: Federal Register, publication.>>  In general.--
        As soon as practicable after the date of enactment of this Act, 
        the Secretary shall publish in the Federal Register a process 
        under which the Secretary shall review imminent hazard 
        determinations made by covered States.
            (2) Enforcement.--On reviewing an imminent hazard 
        determination under paragraph (1), the Secretary shall pursue 
        enforcement under section 521 of title 49, United States Code, 
        as the Secretary determines to be appropriate.
SEC. 23015. <<NOTE: Deadlines. 49 USC 30111 note.>>  LIMOUSINE 
                            RESEARCH.

    (a) Definitions.--In this section:
            (1) Limousine.--The term ``limousine'' means a motor 
        vehicle--
                    (A) that has a seating capacity of 9 or more persons 
                (including the driver);
                    (B) with a gross vehicle weight rating greater than 
                10,000 pounds but not greater than 26,000 pounds;

[[Page 135 STAT. 774]]

                    (C) that the Secretary has determined by regulation 
                has physical characteristics resembling--
                          (i) a passenger car;
                          (ii) a multipurpose passenger vehicle; or
                          (iii) a truck with a gross vehicle weight 
                      rating of 10,000 pounds or less; and
                    (D) that is not a taxi, nonemergency medical, or 
                paratransit motor vehicle.
            (2) Limousine operator.--The term ``limousine operator'' 
        means a person who owns or leases, and uses, a limousine to 
        transport passengers for compensation.
            (3) Motor vehicle safety standard.--The term ``motor vehicle 
        safety standard'' has the meaning given the term in section 
        30102(a) of title 49, United States Code.
            (4) State.--The term ``State'' has the meaning given such 
        term in section 30102(a) of title 49, United States Code.

    (b) Crashworthiness.--
            (1) Research.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall complete research 
        into the development of motor vehicle safety standards for side 
        impact protection, roof crush resistance, and air bag systems 
        for the protection of occupants in limousines with alternative 
        seating positions, including perimeter seating arrangements.
            (2) Rulemaking or report.--
                    (A) Crashworthiness standards.--
                          (i) In general.--Subject to clause (ii), not 
                      later than 2 years after the date on which the 
                      research under paragraph (1) is completed, the 
                      Secretary shall prescribe, for the protection of 
                      occupants in limousines with alternative seating 
                      positions, a final motor vehicle safety standard 
                      for each of the following:
                                    (I) Side impact protection.
                                    (II) Roof crush resistance.
                                    (III) Air bag systems.
                          (ii) <<NOTE: Determination.>>  Requirements 
                      and considerations.--The Secretary may only 
                      prescribe a motor vehicle safety standard 
                      described in clause (i) if the Secretary 
                      determines that the standard meets the 
                      requirements and considerations described in 
                      subsections (a) and (b) of section 30111 of title 
                      49, United States Code.
                    (B) <<NOTE: Determination. Federal 
                Register, publication.>>  Report.--If the Secretary 
                determines that a motor vehicle safety standard 
                described in subparagraph (A)(i) would not meet the 
                requirements and considerations described in subsections 
                (a) and (b) of section 30111 of title 49, United States 
                Code, the Secretary shall publish in the Federal 
                Register and submit to the Committee on Commerce, 
                Science, and Transportation of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives a report describing the reasons for not 
                prescribing the standard.

    (c) Evacuation.--
            (1) Research.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall complete research 
        into safety features and standards that aid evacuation in the 
        event that an exit in the passenger compartment of a limousine 
        is blocked.

[[Page 135 STAT. 775]]

            (2) Rulemaking or report.--
                    (A) Limousine evacuation.--
                          (i) In general.--Subject to clause (ii), not 
                      later than 2 years after the date on which the 
                      research under paragraph (1) is completed, the 
                      Secretary shall prescribe a final motor vehicle 
                      safety standard based on the results of that 
                      research.
                          (ii) <<NOTE: Determination.>>  Requirements 
                      and considerations.--The Secretary may only 
                      prescribe a motor vehicle safety standard 
                      described in clause (i) if the Secretary 
                      determines that the standard meets the 
                      requirements and considerations described in 
                      subsections (a) and (b) of section 30111 of title 
                      49, United States Code.
                    (B) <<NOTE: Determination. Federal 
                Register, publication.>>  Report.--If the Secretary 
                determines that a standard described in subparagraph 
                (A)(i) would not meet the requirements and 
                considerations described in subsections (a) and (b) of 
                section 30111 of title 49, United States Code, the 
                Secretary shall publish in the Federal Register and 
                submit to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on Energy 
                and Commerce of the House of Representatives a report 
                describing the reasons for not prescribing the standard.

    (d) Limousine Inspection Disclosure.--
            (1) <<NOTE: Notice. Web posting.>>  In general.--A limousine 
        operator may not introduce a limousine into interstate commerce 
        unless the limousine operator has prominently disclosed in a 
        clear and conspicuous notice, including on the website of the 
        operator if the operator has a website, the following:
                    (A) The date of the most recent inspection of the 
                limousine required under State or Federal law, if 
                applicable.
                    (B) The results of the inspection, if applicable.
                    (C) Any corrective action taken by the limousine 
                operator to ensure the limousine passed inspection, if 
                applicable.
            (2) Federal trade commission enforcement.--
                    (A) In general.--The Federal Trade Commission shall 
                enforce this subsection in the same manner, by the same 
                means, and with the same jurisdiction, powers, and 
                duties as though all applicable terms and provisions of 
                the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
                were incorporated into and made a part of this 
                subsection.
                    (B) Treatment.--Any person who violates this 
                subsection shall be subject to the penalties and 
                entitled to the privileges and immunities provided in 
                the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
            (3) Savings provision.--Nothing in this subsection limits 
        the authority of the Federal Trade Commission under any other 
        provision of law.
            (4) Effective date.--This subsection shall take effect on 
        the date that is 180 days after the date of enactment of this 
        Act.
SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE.

    (a) <<NOTE: Reports.>>  In General.--Not later than 18 months after 
the date of enactment of this Act, the Comptroller General of the United 
States shall submit to the Committee on Commerce, Science, and

[[Page 135 STAT. 776]]

Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report on the National 
Consumer Complaint Database of the Federal Motor Carrier Safety 
Administration.

    (b) <<NOTE: Reviews.>>  Contents.--The report under subsection (a) 
shall include--
            (1) a review of the process and effectiveness of efforts to 
        review and follow-up on complaints submitted to the National 
        Consumer Complaint Database;
            (2) an identification of the top 5 complaint categories;
            (3) an identification of--
                    (A) the process that the Federal Motor Carrier 
                Safety Administration uses to determine which entities 
                to take enforcement actions against; and
                    (B) the top categories of enforcement actions taken 
                by the Federal Motor Carrier Safety Administration;
            (4) <<NOTE: Time period. Determination.>>  a review of the 
        use of the National Consumer Complaint Database website over the 
        5-year period ending on December 31, 2020, including information 
        obtained by conducting interviews with drivers, customers of 
        movers of household goods, brokers, motor carriers, including 
        small business motor carriers, and other users of the website to 
        determine the usability of the website;
            (5) a review of efforts taken by the Federal Motor Carrier 
        Safety Administration to raise awareness of the National 
        Consumer Complaint Database; and
            (6) <<NOTE: Recommenda- tions.>>  recommendations, as 
        appropriate, including with respect to methods--
                    (A) for improving the usability of the National 
                Consumer Complaint Database website;
                    (B) for improving the review of complaints;
                    (C) for using data collected through the National 
                Consumer Complaint Database to identify bad actors;
                    (D) to improve confidence and transparency in the 
                complaint process; and
                    (E) for improving stakeholder awareness of and 
                participation in the National Consumer Complaint 
                Database and the complaint system, including improved 
                communication about the purpose of the National Consumer 
                Complaint Database.
SEC. 23017. <<NOTE: Reports. Analysis.>>  ELECTRONIC LOGGING 
                            DEVICE OVERSIGHT.

    Not later than 180 days after the date of enactment of this Act, the 
Secretary shall submit to Congress a report analyzing the cost and 
effectiveness of electronic logging devices and detailing the 
processes--
            (1) used by the Federal Motor Carrier Safety 
        Administration--
                    (A) <<NOTE: Review.>>  to review electronic logging 
                device logs; and
                    (B) to protect proprietary information and 
                personally identifiable information obtained from 
                electronic logging device logs; and
            (2) through which an operator may challenge or appeal a 
        violation notice issued by the Federal Motor Carrier Safety 
        Administration relating to an electronic logging device.

[[Page 135 STAT. 777]]

SEC. 23018. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM 
                            SUPPLIES.

    Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 
1999 (49 U.S.C. 31136 note; Public Law 106-159) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) drivers transporting livestock (as defined in 
                section 602 of the Emergency Livestock Feed Assistance 
                Act of 1988 (7 U.S.C. 1471) including insects) within a 
                150 air-mile radius from the final destination of the 
                livestock.''.
SEC. 23019. <<NOTE: Time period. 49 USC 31305 note.>>  
                            MODIFICATION OF RESTRICTIONS ON 
                            CERTAIN COMMERCIAL DRIVER'S LICENSES.

    The Administrator of the Federal Motor Carrier Safety Administration 
shall revise section 383.3(f)(3)(ii) of title 49, Code of Federal 
Regulations (or a successor regulation), to provide that a restricted 
commercial driver's license issued to an employee in a farm-related 
service industry shall be limited to the applicable seasonal periods 
defined by the State issuing the restricted commercial driver's license, 
subject to the condition that the total number of days in any calendar 
year during which the restricted commercial driver's license is valid 
does not exceed 210.
SEC. 23020. <<NOTE: Coordination. Recommenda- 
                            tions. Assessment. 49 USC 31102 
                            note.>>  REPORT ON HUMAN TRAFFICKING 
                            VIOLATIONS INVOLVING COMMERCIAL MOTOR 
                            VEHICLES.

    Not later than 3 years after the date of enactment of this Act, and 
every 3 years thereafter, the Secretary, acting through the Department 
of Transportation Advisory Committee on Human Trafficking established 
under section 5(a) of the Combating Human Trafficking in Commercial 
Vehicles Act (Public Law 115-99; 131 Stat. 2243), shall coordinate with 
the Attorney General to prepare and submit to Congress a report relating 
to human trafficking violations involving commercial motor vehicles, 
which shall include recommendations for countering human trafficking, 
including an assessment of previous best practices by transportation 
stakeholders.
SEC. 23021. <<NOTE: 49 USC 13301 note.>>  BROKER GUIDANCE RELATING 
                            TO FEDERAL MOTOR CARRIER SAFETY 
                            REGULATIONS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall issue guidance to 
clarify the definitions of the terms ``broker'' and ``bona fide agents'' 
in section 371.2 of title 49, Code of Federal Regulations.

    (b) Considerations.--In issuing guidance under subsection (a), the 
Secretary shall take into consideration--
            (1) the extent to which technology has changed the nature of 
        freight brokerage;
            (2) the role of bona fide agents; and
            (3) other aspects of the freight transportation industry.

    (c) <<NOTE: Examinations.>>  Dispatch Services.--In issuing guidance 
under subsection (a), the Secretary shall, at a minimum--
            (1) examine the role of a dispatch service in the 
        transportation industry;
            (2) examine the extent to which dispatch services could be 
        considered brokers or bona fide agents; and

[[Page 135 STAT. 778]]

            (3) clarify the level of financial penalties for 
        unauthorized brokerage activities under section 14916 of title 
        49, United States Code, applicable to a dispatch service.
SEC. 23022. <<NOTE: 49 USC 31315 note.>>  APPRENTICESHIP PILOT 
                            PROGRAM.

    (a) Definitions.--In this section:
            (1) Apprentice.--The term ``apprentice'' means an individual 
        who--
                    (A) is under the age of 21; and
                    (B) holds a commercial driver's license.
            (2) Commercial driver's license.--The term ``commercial 
        driver's license'' has the meaning given the term in section 
        31301 of title 49, United States Code.
            (3) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given the term in section 390.5 of 
        title 49, Code of Federal Regulations (as in effect on the date 
        of enactment of this Act).
            (4) Driving time.--The term ``driving time'' has the meaning 
        given the term in section 395.2 of title 49, Code of Federal 
        Regulations (as in effect on the date of enactment of this Act).
            (5) Experienced driver.--The term ``experienced driver'' 
        means an individual who--
                    (A) is not younger than 26 years of age;
                    (B) has held a commercial driver's license for the 
                2-year period ending on the date on which the individual 
                serves as an experienced driver under subsection 
                (b)(2)(C)(ii);
                    (C) during the 2-year period ending on the date on 
                which the individual serves as an experienced driver 
                under subsection (b)(2)(C)(ii), has had no--
                          (i) preventable accidents reportable to the 
                      Department; or
                          (ii) pointed moving violations; and
                    (D) has a minimum of 5 years of experience driving a 
                commercial motor vehicle in interstate commerce.
            (6) On-duty time.--The term ``on-duty time'' has the meaning 
        given the term in section 395.2 of title 49, Code of Federal 
        Regulations (as in effect on the date of enactment of this Act).
            (7) Pointed moving violation.--The term ``pointed moving 
        violation'' means a violation that results in points being added 
        to the license of a driver, or a similar comparable violation, 
        as determined by the Secretary.

    (b) Pilot Program.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 60 days 
        after the date of enactment of this Act, the Secretary shall 
        establish, in accordance with section 31315(c) of title 49, 
        United States Code, a pilot program allowing employers to 
        establish the apprenticeship programs described in paragraph 
        (2).
            (2) <<NOTE: Requirements.>>  Description of apprenticeship 
        program.--An apprenticeship program referred to in paragraph (1) 
        is a program that consists of the following requirements:
                    (A) 120-hour probationary period.--
                          (i) In general.--The apprentice shall complete 
                      120 hours of on-duty time, of which not less than

[[Page 135 STAT. 779]]

                      80 hours shall be driving time in a commercial 
                      motor vehicle.
                          (ii) <<NOTE: Determination.>>  Performance 
                      benchmarks.--To complete the 120-hour probationary 
                      period under clause (i), the employer of an 
                      apprentice shall determine that the apprentice is 
                      competent in each of the following areas:
                                    (I) Interstate, city traffic, rural 
                                2-lane, and evening driving.
                                    (II) Safety awareness.
                                    (III) Speed and space management.
                                    (IV) Lane control.
                                    (V) Mirror scanning.
                                    (VI) Right and left turns.
                                    (VII) Logging and complying with 
                                rules relating to hours of service.
                    (B) 280-hour probationary period.--
                          (i) In general.--After completing the 120-hour 
                      probationary period under subparagraph (A), an 
                      apprentice shall complete 280 hours of on-duty 
                      time, of which not less than 160 hours shall be 
                      driving time in a commercial motor vehicle.
                          (ii) <<NOTE: Determination.>>  Performance 
                      benchmarks.--To complete the 280-hour probationary 
                      period under clause (i), the employer of an 
                      apprentice shall determine that the apprentice is 
                      competent in each of the following areas:
                                    (I) Backing and maneuvering in close 
                                quarters.
                                    (II) Pretrip inspections.
                                    (III) Fueling procedures.
                                    (IV) Weighing loads, weight 
                                distribution, and sliding tandems.
                                    (V) Coupling and uncoupling 
                                procedures.
                                    (VI) Trip planning, truck routes, 
                                map reading, navigation, and permits.
                    (C) Restrictions for probationary periods.--During 
                the 120-hour probationary period under subparagraph (A) 
                and the 280-hour probationary period under subparagraph 
                (B)--
                          (i) an apprentice may only drive a commercial 
                      motor vehicle that has--
                                    (I) an automatic manual or automatic 
                                transmission;
                                    (II) an active braking collision 
                                mitigation system;
                                    (III) a forward-facing video event 
                                capture system; and
                                    (IV) a governed speed of 65 miles 
                                per hour--
                                            (aa) at the pedal; and
                                            (bb) under adaptive cruise 
                                        control; and
                          (ii) an apprentice shall be accompanied in the 
                      passenger seat of the commercial motor vehicle by 
                      an experienced driver.
                    (D) Records retention.--The employer of an 
                apprentice shall maintain records, in a manner required 
                by the Secretary, relating to the satisfaction of the 
                performance benchmarks described in subparagraphs 
                (A)(ii) and (B)(ii) by the apprentice.

[[Page 135 STAT. 780]]

                    (E) Reportable incidents.--If an apprentice is 
                involved in a preventable accident reportable to the 
                Department or a pointed moving violation while driving a 
                commercial motor vehicle as part of an apprenticeship 
                program described in this paragraph, the apprentice 
                shall undergo remediation and additional training until 
                the apprentice can demonstrate, to the satisfaction of 
                the employer, competence in each of the performance 
                benchmarks described in subparagraphs (A)(ii) and 
                (B)(ii).
                    (F) <<NOTE: Time period.>>  Completion of program.--
                An apprentice shall be considered to have completed an 
                apprenticeship program on the date on which the 
                apprentice completes the 280-hour probationary period 
                under subparagraph (B).
                    (G) Minimum requirements.--
                          (i) In general.--Nothing in this section 
                      prevents an employer from imposing any additional 
                      requirement on an apprentice participating in an 
                      apprenticeship program established under this 
                      section.
                          (ii) Technologies.--Nothing in this section 
                      prevents an employer from requiring or installing 
                      in a commercial motor vehicle any technology in 
                      addition to the technologies described in 
                      subparagraph (C)(i).
            (3) Apprentices.--An apprentice may--
                    (A) drive a commercial motor vehicle in interstate 
                commerce while participating in the 120-hour 
                probationary period under paragraph (2)(A) or the 280-
                hour probationary period under paragraph (2)(B) pursuant 
                to an apprenticeship program established by an employer 
                in accordance with this section; and
                    (B) <<NOTE: Determination.>>  drive a commercial 
                motor vehicle in interstate commerce after the 
                apprentice completes an apprenticeship program described 
                in paragraph (2), unless the Secretary determines there 
                exists a safety concern.
            (4) Limitation.--The Secretary may not allow more than 3,000 
        apprentices at any 1 time to participate in the pilot program 
        established under paragraph (1).

    (c) Termination.--Effective beginning on the date that is 3 years 
after the date of establishment of the pilot program under subsection 
(b)(1)--
            (1) the pilot program shall terminate; and
            (2) <<NOTE: Determination.>>  any driver under the age of 21 
        who has completed an apprenticeship program described in 
        subsection (b)(2) may drive a commercial motor vehicle in 
        interstate commerce, unless the Secretary determines there 
        exists a safety concern.

    (d) No Effect on License Requirement.--Nothing in this section 
exempts an apprentice from any requirement to hold a commercial driver's 
license in order to operate a commercial motor vehicle.
    (e) <<NOTE: Analysis.>>  Data Collection.--The Secretary shall 
collect and analyze--
            (1) data relating to any incident in which an apprentice 
        participating in the pilot program established under subsection 
        (b)(1) is involved;
            (2) data relating to any incident in which a driver under 
        the age of 21 operating a commercial motor vehicle in intrastate 
        commerce is involved; and

[[Page 135 STAT. 781]]

            (3) <<NOTE: Determination.>>  such other data relating to 
        the safety of apprentices aged 18 to 20 years operating in 
        interstate commerce as the Secretary determines to be necessary.

    (f) Limitation.--A driver under the age of 21 participating in the 
pilot program under this section may not--
            (1) transport--
                    (A) a passenger; or
                    (B) hazardous cargo; or
            (2) operate a commercial motor vehicle--
                    (A) in special configuration; or
                    (B) with a gross vehicle weight rating of more than 
                80,000 pounds.

    (g) Report to Congress.--Not later than 120 days after the date of 
conclusion of the pilot program under subsection (b), the Secretary 
shall submit to Congress a report including--
            (1) the findings and conclusions resulting from the pilot 
        program, including with respect to technologies or training 
        provided by commercial motor carriers for apprentices as part of 
        the pilot program to successfully improve safety;
            (2) <<NOTE: Analysis.>>  an analysis of the safety record of 
        apprentices participating in the pilot program, as compared to 
        other commercial motor vehicle drivers;
            (3) the number of drivers that discontinued participation in 
        the apprenticeship program before completion;
            (4) a comparison of the safety records of participating 
        drivers before, during, and after the probationary periods under 
        subparagraphs (A) and (B) of subsection (b)(2);
            (5) a comparison, for each participating driver, of average 
        on-duty time, driving time, and time spent away from home 
        terminal before, during, and after the probationary periods 
        referred to in paragraph (4); and
            (6) <<NOTE: Recommenda- tions.>>  a recommendation, based on 
        the data collected, regarding whether the level of safety 
        achieved by the pilot program is equivalent to, or greater than, 
        the level of safety for equivalent commercial motor vehicle 
        drivers aged 21 years or older.

    (h) Rule of Construction.--Nothing in this section affects the 
authority of the Secretary under section 31315 of title 49, United 
States Code, with respect to the pilot program established under 
subsection (b)(1), including the authority to revoke participation in, 
and terminate, the pilot program under paragraphs (3) and (4) of 
subsection (c) of that section.
    (i) Driver Compensation Study.--
            (1) <<NOTE: Deadline. Contracts.>>  In general.--Not later 
        than 1 year after the date of enactment of this Act, the 
        Secretary, acting through the Administrator of the Federal Motor 
        Carrier Safety Administration, shall offer to enter into a 
        contract with the Transportation Research Board under which the 
        Transportation Research Board shall conduct a study of the 
        impacts of various methods of driver compensation on safety and 
        driver retention, including--
                    (A) hourly pay;
                    (B) payment for detention time; and
                    (C) other payment methods used in the industry as of 
                the date on which the study is conducted.

[[Page 135 STAT. 782]]

            (2) Consultation.--In conducting the study under paragraph 
        (1), the Transportation Research Board shall consult with--
                    (A) labor organizations representing commercial 
                motor vehicle drivers;
                    (B) representatives of the motor carrier industry, 
                including owner-operators; and
                    (C) <<NOTE: Determination.>>  such other 
                stakeholders as the Transportation Research Board 
                determines to be relevant.
SEC. 23023. <<NOTE: 49 USC 30127 note.>>  LIMOUSINE COMPLIANCE 
                            WITH FEDERAL SAFETY STANDARDS.

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

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

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

[[Page 135 STAT. 783]]

               TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY

                   Subtitle A--Highway Traffic Safety

SEC. 24101. <<NOTE: Time period.>>  AUTHORIZATION OF 
                            APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway safety programs.--To carry out section 402 of 
        title 23, United States Code--
                    (A) $363,400,000 for fiscal year 2022;
                    (B) $370,900,000 for fiscal year 2023;
                    (C) $378,400,000 for fiscal year 2024;
                    (D) $385,900,000 for fiscal year 2025; and
                    (E) $393,400,000 for fiscal year 2026.
            (2) Highway safety research and development.--To carry out 
        section 403 of title 23, United States Code--
                    (A) $186,000,000 for fiscal year 2022;
                    (B) $190,000,000 for fiscal year 2023;
                    (C) $194,000,000 for fiscal year 2024;
                    (D) $198,000,000 for fiscal year 2025; and
                    (E) $202,000,000 for fiscal year 2026.
            (3) High-visibility enforcement program.--To carry out 
        section 404 of title 23, United States Code--
                    (A) $36,400,000 for fiscal year 2022;
                    (B) $38,300,000 for fiscal year 2023;
                    (C) $40,300,000 for fiscal year 2024;
                    (D) $42,300,000 for fiscal year 2025; and
                    (E) $44,300,000 for fiscal year 2026.
            (4) National priority safety programs.--To carry out section 
        405 of title 23, United States Code--
                    (A) $336,500,000 for fiscal year 2022;
                    (B) $346,500,000 for fiscal year 2023;
                    (C) $353,500,000 for fiscal year 2024;
                    (D) $360,500,000 for fiscal year 2025; and
                    (E) $367,500,000 for fiscal year 2026.
            (5) Administrative expenses.--For administrative and related 
        operating expenses of the National Highway Traffic Safety 
        Administration in carrying out chapter 4 of title 23, United 
        States Code, and this title--
                    (A) $38,000,000 for fiscal year 2022;
                    (B) $39,520,000 for fiscal year 2023;
                    (C) $41,100,800 for fiscal year 2024;
                    (D) $42,744,832 for fiscal year 2025; and
                    (E) $44,454,625 for fiscal year 2026.
            (6) National driver register.--For the National Highway 
        Traffic Safety Administration to carry out chapter 303 of title 
        49, United States Code--
                    (A) $6,800,000 for fiscal year 2022;
                    (B) $7,000,000 for fiscal year 2023;
                    (C) $7,200,000 for fiscal year 2024;
                    (D) $7,400,000 for fiscal year 2025; and
                    (E) $7,600,000 for fiscal year 2026.

[[Page 135 STAT. 784]]

    (b) <<NOTE: 23 USC 401 note.>>  Prohibition on Other Uses.--Except 
as otherwise provided in chapter 4 of title 23, and chapter 303 of title 
49, United States Code, the amounts made available under subsection (a) 
or any other provision of law from the Highway Trust Fund (other than 
the Mass Transit Account) for a program under those chapters--
            (1) shall only be used to carry out that program; and
            (2) may not be used by a State or local government for 
        construction purposes.

    (c) <<NOTE: Apportionment. Time period.>>  Applicability of Title 
23.--Except as otherwise provided in chapter 4 of title 23, and chapter 
303 of title 49, United States Code, the amounts made available under 
subsection (a) for fiscal years 2022 through 2026 shall be available for 
obligation in the same manner as if those funds were apportioned under 
chapter 1 of title 23, United States Code.

    (d) Highway Safety General Requirements.--
            (1) In general.--Chapter 4 of title 23, United States Code, 
        is amended--
                    (A) by redesignating sections 409 and 412 and 
                sections 407 and 408, respectively; and
                    (B) by inserting after section 405 the following:
``Sec. 406. <<NOTE: 23 USC 406.>>  General requirements for 
                Federal assistance

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

    ``(e) <<NOTE: Deadline.>>  Distribution of Funds to States.--Not 
later than 60 days after the later of the start of a fiscal year or the 
date of enactment of any appropriations Act making funds available to 
carry out this chapter for that fiscal year, the Secretary shall 
distribute to each State the portion of those funds to which the State 
is entitled for the applicable fiscal year.''.

[[Page 135 STAT. 785]]

            (2) Clerical amendment.--The analysis for chapter 4 of title 
        23, United States Code, <<NOTE: 23 USC 401 prec.>>  is amended 
        by striking the items relating to sections 406 through 412 and 
        inserting the following:

``406. General requirements for Federal assistance.
``407. Discovery and admission as evidence of certain reports and 
           surveys.
``408. Agency accountability.''.

SEC. 24102. HIGHWAY SAFETY PROGRAMS.

    (a) In General.--Section 402 of title 23, United States Code, is 
amended--
            (1) by striking ``accidents'' each place it appears and 
        inserting ``crashes'';
            (2) by striking ``accident'' each place it appears and 
        inserting ``crash'';
            (3) in subsection (a)--
                    (A) in paragraph (1), by striking ``shall have'' and 
                all that follows through the period at the end and 
                inserting the following: ``shall have in effect a 
                highway safety program that--
                          ``(i) is designed to reduce--
                                    ``(I) traffic crashes; and
                                    ``(II) deaths, injuries, and 
                                property damage resulting from those 
                                crashes;
                          ``(ii) includes--
                                    ``(I) an approved, current, 
                                triennial highway safety plan in 
                                accordance with subsection (k); and
                                    ``(II) an approved grant application 
                                under subsection (l) for the fiscal 
                                year;
                          ``(iii) demonstrates compliance with the 
                      applicable administrative requirements of 
                      subsection (b)(1); and
                          ``(iv) is approved by the Secretary.'';
                    (B) in paragraph (2)(A)--
                          (i) in clause (ii), by striking ``occupant 
                      protection devices (including the use of safety 
                      belts and child restraint systems)'' and inserting 
                      ``safety belts'';
                          (ii) in clause (vii), by striking ``and'' at 
                      the end;
                          (iii) by redesignating clauses (iii) through 
                      (viii) as clauses (iv) through (ix), respectively;
                          (iv) by inserting after clause (ii) the 
                      following:
                          ``(iii) to encourage more widespread and 
                      proper use of child restraints, with an emphasis 
                      on underserved populations;''; and
                          (v) by adding at the end the following:
                          ``(x) to reduce crashes caused by driver 
                      misuse or misunderstanding of new vehicle 
                      technology;
                          ``(xi) to increase vehicle recall awareness;
                          ``(xii) to provide to the public information 
                      relating to the risks of child heatstroke death 
                      when left unattended in a motor vehicle after the 
                      motor is deactivated by the operator;
                          ``(xiii) to reduce injuries and deaths 
                      resulting from the failure by drivers of motor 
                      vehicles to move to another traffic lane or reduce 
                      the speed of the vehicle when law enforcement, 
                      fire service, emergency medical services, or other 
                      emergency or first responder vehicles are stopped 
                      or parked on or next to a roadway with emergency 
                      lights activated; and

[[Page 135 STAT. 786]]

                          ``(xiv) to prevent crashes, injuries, and 
                      deaths caused by unsecured vehicle loads;''; and
                    (C) by adding at the end the following:
            ``(3) Additional considerations.--A State that has legalized 
        medicinal or recreational marijuana shall take into 
        consideration implementing programs in addition to the programs 
        described in paragraph (2)(A)--
                    ``(A) to educate drivers regarding the risks 
                associated with marijuana-impaired driving; and
                    ``(B) to reduce injuries and deaths resulting from 
                individuals driving motor vehicles while impaired by 
                marijuana.'';
            (4) in subsection (b)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``may'' and inserting ``shall'';
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) provide for a comprehensive, data-driven 
                traffic safety program that results from meaningful 
                public participation and engagement from affected 
                communities, particularly those most significantly 
                impacted by traffic crashes resulting in injuries and 
                fatalities;'';
                    (C) in subparagraph (C), by striking ``authorized in 
                accordance with subparagraph (B)'';
                    (D) in subparagraph (D), by striking ``with 
                disabilities, including those in wheelchairs'' and 
                inserting ``, including those with disabilities and 
                those in wheelchairs'';
                    (E) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) as part of a comprehensive program, support--
                          ``(i) data-driven traffic safety enforcement 
                      programs that foster effective community 
                      collaboration to increase public safety; and
                          ``(ii) data collection and analysis to ensure 
                      transparency, identify disparities in traffic 
                      enforcement, and inform traffic enforcement 
                      policies, procedures, and activities; and''; and
                    (F) in subparagraph (F)--
                          (i) in clause (i), by striking ``national law 
                      enforcement mobilizations and high-visibility'' 
                      and inserting ``national, high-visibility'';
                          (ii) in clause (iv), by striking ``and'' after 
                      the semicolon at the end;
                          (iii) in clause (v), by striking the period at 
                      the end and inserting ``; and''; and
                          (iv) by adding at the end the following:
                          ``(vi) unless the State highway safety program 
                      is developed by American Samoa, Guam, the 
                      Commonwealth of the Northern Mariana Islands, or 
                      the United States Virgin Islands, participation in 
                      the Fatality Analysis Reporting System.'';
            (5) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) by striking the paragraph designation and 
                      heading and all that follows through ``Funds 
                      authorized'' and inserting the following:
            ``(1) Use for state activities.--

[[Page 135 STAT. 787]]

                    ``(A) In general.--The funds authorized''; and
                          (ii) by adding at the end the following:
                    ``(B) Neighboring states.--A State, acting in 
                cooperation with any neighboring State, may use funds 
                provided under this section for a highway safety program 
                that may confer a benefit on the neighboring State.'';
                    (B) by striking paragraphs (2) and (3) and inserting 
                the following:
            ``(2) Apportionment to states.--
                    ``(A) Definition of public road.--In this paragraph, 
                the term `public road' means any road that is--
                          ``(i) subject to the jurisdiction of, and 
                      maintained by, a public authority; and
                          ``(ii) held open to public travel.
                    ``(B) Apportionment.--
                          ``(i) In general.--Except for the amounts 
                      identified in section 403(f) and the amounts 
                      subject to subparagraph (C), of the funds made 
                      available under this section--
                                    ``(I) 75 percent shall be 
                                apportioned to each State based on the 
                                ratio that, as determined by the most 
                                recent decennial census--
                                            ``(aa) the population of the 
                                        State; bears to
                                            ``(bb) the total population 
                                        of all States; and
                                    ``(II) 25 percent shall be 
                                apportioned to each State based on the 
                                ratio that, subject to clause (ii)--
                                            ``(aa) the public road 
                                        mileage in each State; bears to
                                            ``(bb) the total public road 
                                        mileage in all States.
                          ``(ii) Calculation.--For purposes of clause 
                      (i)(II), public road mileage shall be--
                                    ``(I) determined as of the end of 
                                the calendar year preceding the year 
                                during which the funds are apportioned;
                                    ``(II) <<NOTE: Certification.>>  
                                certified by the Governor of the State; 
                                and
                                    ``(III) subject to approval by the 
                                Secretary.
                    ``(C) Minimum apportionments.--The annual 
                apportionment under this section to--
                          ``(i) each State shall be not less than \3/4\ 
                      of 1 percent of the total apportionment;
                          ``(ii) the Secretary of the Interior shall be 
                      not less than 2 percent of the total 
                      apportionment; and
                          ``(iii) <<NOTE: Territories.>>  the United 
                      States Virgin Islands, Guam, American Samoa, and 
                      the Commonwealth of the Northern Mariana Islands 
                      shall be not less than \1/4\ of 1 percent of the 
                      total apportionment.
                    ``(D) Penalty.--
                          ``(i) In general.--The funds apportioned under 
                      this section to a State that does not have 
                      approved or in effect a highway safety program 
                      described in subsection (a)(1) shall be reduced by 
                      an amount equal to not less than 20 percent of the 
                      amount that would

[[Page 135 STAT. 788]]

                      otherwise be apportioned to the State under this 
                      section, until the date on which the Secretary, as 
                      applicable--
                                    ``(I) approves such a highway safety 
                                program; or
                                    ``(II) <<NOTE: Determination.>>  
                                determines that the State is 
                                implementing such a program.
                          ``(ii) Factor for consideration.--In 
                      determining the amount of the reduction in funds 
                      apportioned to a State under this subparagraph, 
                      the Secretary shall take into consideration the 
                      gravity of the failure by the State to secure 
                      approval, or to implement, a highway safety 
                      program described in subsection (a)(1).
                    ``(E) Limitations.--
                          ``(i) In general.--A highway safety program 
                      approved by the Secretary shall not include any 
                      requirement that a State shall implement such a 
                      program by adopting or enforcing any law, rule, or 
                      regulation based on a guideline promulgated by the 
                      Secretary under this section requiring any 
                      motorcycle operator aged 18 years or older, or a 
                      motorcycle passenger aged 18 years or older, to 
                      wear a safety helmet when operating or riding a 
                      motorcycle on the streets and highways of that 
                      State.
                          ``(ii) Effect of guidelines.--Nothing in this 
                      section requires a State highway safety program to 
                      require compliance with every uniform guideline, 
                      or with every element of every uniform guideline, 
                      in every State.
            ``(3) Reapportionment.--
                    ``(A) <<NOTE: Approval. Determination. Deadline.>>  
                In general.--The Secretary shall promptly apportion to a 
                State any funds withheld from the State under paragraph 
                (2)(D) if the Secretary makes an approval or 
                determination, as applicable, described in that 
                paragraph by not later than July 31 of the fiscal year 
                for which the funds were withheld.
                    ``(B) <<NOTE: Determination.>>  Continuing state 
                failure.--If the Secretary determines that a State fails 
                to correct a failure to have approved or in effect a 
                highway safety program described in subsection (a)(1) by 
                the date described in subparagraph (A), the Secretary 
                shall reapportion the funds withheld from that State 
                under paragraph (2)(D) for the fiscal year to the other 
                States in accordance with the formula described in 
                paragraph (2)(B) by not later than the last day of the 
                fiscal year.''; and
                    (C) in paragraph (4)--
                          (i) by striking subparagraph (C);
                          (ii) by redesignating subparagraphs (A) and 
                      (B) as subparagraphs (B) and (A), respectively, 
                      and moving the subparagraphs so as to appear in 
                      alphabetical order; and
                          (iii) by adding at the end the following:
                    ``(C) Special rule for school and work zones.--
                Notwithstanding subparagraph (B), a State may expend 
                funds apportioned to the State under this section to 
                carry out a program to purchase, operate, or maintain an 
                automated traffic enforcement system in a work zone or 
                school zone.

[[Page 135 STAT. 789]]

                    ``(D) Automated traffic enforcement system 
                guidelines. <<NOTE: Compliance.>> --An automated traffic 
                enforcement system installed pursuant to subparagraph 
                (C) shall comply with such guidelines applicable to 
                speed enforcement camera systems and red light camera 
                systems as are established by the Secretary.'';
            (6) in subsection (k)--
                    (A) by striking the subsection designation and 
                heading and all that follows through ``thereafter'' in 
                paragraph (1) and inserting the following:

    ``(k) Triennial Highway Safety Plan.--
            ``(1) In general.--For fiscal year 2024, and not less 
        frequently than once every 3 fiscal years thereafter'';
                    (B) in paragraph (1), by striking ``for that fiscal 
                year, to develop and submit to the Secretary for 
                approval a highway safety plan'' and inserting ``for the 
                3 fiscal years covered by the plan, to develop and 
                submit to the Secretary for approval a triennial highway 
                safety plan'';
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) <<NOTE: Deadline.>>  Timing.--Each State shall submit 
        to the Secretary a triennial highway safety plan by not later 
        than July 1 of the fiscal year preceding the first fiscal year 
        covered by the plan.'';
                    (D) in paragraph (3), by inserting ``triennial'' 
                before ``highway'';
                    (E) in paragraph (4)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by striking ``State highway 
                                safety plans'' and inserting ``Each 
                                State triennial highway safety plan''; 
                                and
                                    (II) by inserting ``, with respect 
                                to the 3 fiscal years covered by the 
                                plan, based on the information available 
                                on the date of submission under 
                                paragraph (2)'' after ``include'';
                          (ii) in subparagraph (A)(ii), by striking 
                      ``annual performance targets'' and inserting 
                      ``performance targets that demonstrate constant or 
                      improved performance'';
                          (iii) by striking subparagraph (B) and 
                      inserting the following:
                    ``(B) a countermeasure strategy for programming 
                funds under this section for projects that will allow 
                the State to meet the performance targets described in 
                subparagraph (A), including a description--
                          ``(i) that demonstrates the link between the 
                      effectiveness of each proposed countermeasure 
                      strategy and those performance targets; and
                          ``(ii) of the manner in which each 
                      countermeasure strategy is informed by uniform 
                      guidelines issued by the Secretary;'';
                          (iv) in subparagraph (D)--
                                    (I) by striking ``, State, local, or 
                                private''; and
                                    (II) by inserting ``and'' after the 
                                semicolon at the end;
                          (v) in subparagraph (E)--

[[Page 135 STAT. 790]]

                                    (I) by striking ``for the fiscal 
                                year preceding the fiscal year to which 
                                the plan applies,''; and
                                    (II) by striking ``performance 
                                targets set forth in the previous year's 
                                highway safety plan; and'' and inserting 
                                ``performance targets set forth in the 
                                most recently submitted highway safety 
                                plan.''; and
                          (vi) by striking subparagraph (F);
                    (F) by striking paragraph (5) and inserting the 
                following:
            ``(5) Performance measures.--The Secretary shall develop 
        minimum performance measures under paragraph (4)(A) in 
        consultation with the Governors Highway Safety Association.''; 
        and
                    (G) in paragraph (6)--
                          (i) in the paragraph heading, by inserting 
                      ``triennial'' before ``highway'';
                          (ii) by redesignating subparagraphs (B) 
                      through (E) as subparagraphs (C) through (F), 
                      respectively;
                          (iii) in each of subparagraphs (C) through (F) 
                      (as so redesignated), by inserting ``triennial'' 
                      before ``highway'' each place it appears; and
                          (iv) by striking subparagraph (A) and 
                      inserting the following:
                    ``(A) <<NOTE: Review. Deadline.>>  In general.--
                Except as provided in subparagraph (B), the Secretary 
                shall review and approve or disapprove a triennial 
                highway safety plan of a State by not later than 60 days 
                after the date on which the plan is received by the 
                Secretary.
                    ``(B) <<NOTE: Determinations.>>  Additional 
                information.--
                          ``(i) In general.--The Secretary may request a 
                      State to submit to the Secretary such additional 
                      information as the Secretary determines to be 
                      necessary for review of the triennial highway 
                      safety plan of the State.
                          ``(ii) Extension of deadline.--On providing to 
                      a State a request for additional information under 
                      clause (i), the Secretary may extend the deadline 
                      to approve or disapprove the triennial highway 
                      safety plan of the State under subparagraph (A) 
                      for not more than an additional 90 days, as the 
                      Secretary determines to be necessary to 
                      accommodate that request, subject to clause (iii).
                          ``(iii) <<NOTE: Deadline.>>  Timing.--Any 
                      additional information requested under clause (i) 
                      shall be submitted to the Secretary by not later 
                      than 7 business days after the date of receipt by 
                      the State of the request.'';
            (7) by inserting after subsection (k) the following:

    ``(l) Annual Grant Application and Reporting Requirements.--
            ``(1) Annual grant application.--
                    ``(A) <<NOTE: Determination.>>  In general.--To be 
                eligible to receive grant funds under this chapter for a 
                fiscal year, each State shall submit to the Secretary an 
                annual grant application that, as determined by the 
                Secretary--
                          ``(i) demonstrates alignment with the approved 
                      triennial highway safety plan of the State; and

[[Page 135 STAT. 791]]

                          ``(ii) <<NOTE: Compliance.>>  complies with 
                      the requirements under this subsection.
                    ``(B) <<NOTE: Determination.>>  Timing.--The 
                deadline for submission of annual grant applications 
                under this paragraph shall be determined by the 
                Secretary in accordance with section 406(d)(2).
                    ``(C) Contents.--An annual grant application under 
                this paragraph shall include, at a minimum--
                          ``(i) <<NOTE: Updates. Analysis.>>  such 
                      updates, as necessary, to any analysis included in 
                      the triennial highway safety plan of the State;
                          ``(ii) an identification of each project and 
                      subrecipient to be funded by the State using the 
                      grants during the upcoming grant year, subject to 
                      the condition that the State shall separately 
                      submit, on a date other than the date of 
                      submission of the annual grant application, a 
                      description of any projects or subrecipients to be 
                      funded, as that information becomes available;
                          ``(iii) a description of the means by which 
                      the strategy of the State to use grant funds was 
                      adjusted and informed by the previous report of 
                      the State under paragraph (2); and
                          ``(iv) an application for any additional 
                      grants available to the State under this chapter.
                    ``(D) <<NOTE: Deadline.>>  Review.--The Secretary 
                shall review and approve or disapprove an annual grant 
                application under this paragraph by not later than 60 
                days after the date of submission of the application.
            ``(2) Reporting requirements.--Not later than 120 days after 
        the end of each fiscal year for which a grant is provided to a 
        State under this chapter, the State shall submit to the 
        Secretary an annual report that includes--
                    ``(A) <<NOTE: Assessment.>>  an assessment of the 
                progress made by the State in achieving the performance 
                targets identified in the triennial highway safety plan 
                of the State, based on the most currently available 
                Fatality Analysis Reporting System data; and
                    ``(B)(i) a description of the extent to which 
                progress made in achieving those performance targets is 
                aligned with the triennial highway safety plan of the 
                State; and
                    ``(ii) if applicable, any plans of the State to 
                adjust a strategy for programming funds to achieve the 
                performance targets.'';
            (8) in subsection (m)(1), by striking ``a State's highway 
        safety plan'' and inserting ``the applicable triennial highway 
        safety plan of the State''; and
            (9) by striking subsection (n) and inserting the following:

    ``(n) Public Transparency.--
            ``(1) <<NOTE: Website. Deadline.>>  In general.--The 
        Secretary shall publicly release on a Department of 
        Transportation website, by not later than 45 calendar days after 
        the applicable date of availability--
                    ``(A) each triennial highway safety plan approved by 
                the Secretary under subsection (k);
                    ``(B) each State performance target under subsection 
                (k); and

[[Page 135 STAT. 792]]

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

    (b) <<NOTE: 23 USC 402 note.>>  Effective Date.--The amendments made 
by subsection (a) shall take effect with respect to any grant 
application or State highway safety plan submitted under chapter 4 of 
title 23, United States Code, for fiscal year 2024 or thereafter.
SEC. 24103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

    Section 403 of title 23, United States Code, is amended--
            (1) by striking ``accident'' each place it appears and 
        inserting ``crash'';
            (2) in subsection (b)(1), in the matter preceding 
        subparagraph (A), by inserting ``, training, education,'' after 
        ``demonstration projects'';
            (3) in subsection (f)(1)--
                    (A) by striking ``$2,500,000'' and inserting 
                ``$3,500,000''; and
                    (B) by striking ``subsection 402(c) in each fiscal 
                year ending before October 1, 2015, and $443,989 of the 
                total amount available for apportionment to the States 
                for highway safety programs under section 402(c) in the 
                period beginning on October 1, 2015, and ending on 
                December 4, 2015,'' and inserting ``section 402(c) in 
                each fiscal year'';
            (4) in subsection (h)--
                    (A) in paragraph (2), by striking ``2017 through 
                2021 not more than $26,560,000' to conduct the research 
                described in paragraph (1)'' and inserting ``2022 
                through 2025, not more than $45,000,000 to conduct the 
                research described in paragraph (2)'';
                    (B) in paragraph (5)(A), by striking ``section 
                30102(a)(6)'' and inserting ``section 30102(a)''; and

[[Page 135 STAT. 793]]

                    (C) by redesignating paragraphs (1), (2), (3), (4), 
                and (5) as paragraphs (2), (3), (4), (5), and (1), 
                respectively, and moving the paragraphs so as to appear 
                in numerical order; and
            (5) by adding at the end the following:

    ``(k) Child Safety Campaign.--
            ``(1) In general.--The Secretary shall carry out an 
        education campaign to reduce the incidence of vehicular 
        heatstroke of children left in passenger motor vehicles (as 
        defined in section 30102(a) of title 49).
            ``(2) Advertising.--The Secretary may use, or authorize the 
        use of, funds made available to carry out this section to pay 
        for the development, production, and use of broadcast and print 
        media advertising and Internet-based outreach for the education 
        campaign under paragraph (1).
            ``(3) Coordination.--In carrying out the education campaign 
        under paragraph (1), the Secretary shall coordinate with--
                    ``(A) interested State and local governments;
                    ``(B) private industry; and
                    ``(C) other parties, as determined by the Secretary.

    ``(l) Development of State Processes for Informing Consumers of 
Recalls.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Motor vehicle.--The term `motor vehicle' has 
                the meaning given the term in section 30102(a) of title 
                49.
                    ``(B) Open recall.--The term `open recall' means a 
                motor vehicle recall--
                          ``(i) for which a notification by a 
                      manufacturer has been provided under section 30119 
                      of title 49; and
                          ``(ii) that has not been remedied under 
                      section 30120 of that title.
                    ``(C) Program.--The term `program' means the program 
                established under paragraph (2)(A).
                    ``(D) Registration.--The term `registration' means 
                the process for registering a motor vehicle in a State 
                (including registration renewal).
                    ``(E) State.--The term `State' has the meaning given 
                the term in section 101(a).
            ``(2) Grants.--
                    ``(A) <<NOTE: Deadline.>>  Establishment of 
                program.--Not later than 2 years after the date of 
                enactment of this subsection, the Secretary shall 
                establish a program under which the Secretary shall 
                provide grants to States for use in developing and 
                implementing State processes for informing each 
                applicable owner and lessee of a motor vehicle of any 
                open recall on the motor vehicle at the time of 
                registration of the motor vehicle in the State, in 
                accordance with this paragraph.
                    ``(B) Eligibility.--To be eligible to receive a 
                grant under the program, a State shall--
                          ``(i) submit to the Secretary an application 
                      at such time, in such manner, and containing such 
                      information as the Secretary may require; and
                          ``(ii) agree--

[[Page 135 STAT. 794]]

                                    ``(I) <<NOTE: Notification.>>  to 
                                notify each owner or lessee of a motor 
                                vehicle presented for registration in 
                                the State of any open recall on that 
                                motor vehicle; and
                                    ``(II) to provide to each owner or 
                                lessee of a motor vehicle presented for 
                                registration, at no cost--
                                            ``(aa) the open recall 
                                        information for the motor 
                                        vehicle; and
                                            ``(bb) such other 
                                        information as the Secretary may 
                                        require.
                    ``(C) Factors for consideration.--In selecting grant 
                recipients under the program, the Secretary shall take 
                into consideration the methodology of a State for--
                          ``(i) identifying open recalls on a motor 
                      vehicle;
                          ``(ii) informing each owner and lessee of a 
                      motor vehicle of an open recall; and
                          ``(iii) measuring performance in--
                                    ``(I) informing owners and lessees 
                                of open recalls; and
                                    ``(II) remedying open recalls.
                    ``(D) Performance period.--A grant provided under 
                the program shall require a performance period of 2 
                years.
                    ``(E) <<NOTE: Evaluation.>>  Report.--Not later than 
                90 days after the date of completion of the performance 
                period under subparagraph (D), each State that receives 
                a grant under the program shall submit to the Secretary 
                a report that contains such information as the Secretary 
                considers to be necessary to evaluate the extent to 
                which open recalls have been remedied in the State.
                    ``(F) No regulations required.--Notwithstanding any 
                other provision of law, the Secretary shall not be 
                required to issue any regulations to carry out the 
                program.
            ``(3) Paperwork reduction act.--Chapter 35 of title 44 
        (commonly known as the `Paperwork Reduction Act') shall not 
        apply to information collected under the program.
            ``(4) Funding.--
                    ``(A) <<NOTE: Time period.>>  In general.--For each 
                of fiscal years 2022 through 2026, the Secretary shall 
                obligate from funds made available to carry out this 
                section $1,500,000 to carry out the program.
                    ``(B) Reallocation.--To ensure, to the maximum 
                extent practicable, that all amounts described in 
                subparagraph (A) are obligated each fiscal year, the 
                Secretary, before the last day of any fiscal year, may 
                reallocate any of those amounts remaining available to 
                increase the amounts made available to carry out any 
                other activities authorized under this section.

    ``(m) Innovative Highway Safety Countermeasures.--
            ``(1) <<NOTE: Evaluation.>>  In general.--In conducting 
        research under this section, the Secretary shall evaluate the 
        effectiveness of innovative behavioral traffic safety 
        countermeasures, other than traffic enforcement, that are 
        considered promising or likely to be effective for the purpose 
        of enriching revisions to the document entitled `Countermeasures 
        That Work: A Highway Safety Countermeasure Guide for State 
        Highway Safety Offices, Ninth Edition' and numbered DOT HS 812 
        478 (or any successor document).

[[Page 135 STAT. 795]]

            ``(2) Treatment.--The research described in paragraph (1) 
        shall be in addition to any other research carried out under 
        this section.''.
SEC. 24104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS.

    Section 404(a) of title 23, United States Code, is amended by 
striking ``each of fiscal years 2016 through 2020'' and inserting ``each 
of fiscal years 2022 through 2026''.
SEC. 24105. NATIONAL PRIORITY SAFETY PROGRAMS.

    (a) In General.--Section 405 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking paragraphs (6) and (9);
                    (B) by redesignating paragraphs (1) through (5) as 
                paragraphs (2) through (6), respectively;
                    (C) by striking the subsection designation and 
                heading and all that follows through ``the following:'' 
                in the matter preceding paragraph (2) (as so 
                redesignated) and inserting the following:

    ``(a) Program Authority.--
            ``(1) In general.--Subject to the requirements of this 
        section, the Secretary shall--
                    ``(A) manage programs to address national priorities 
                for reducing highway deaths and injuries; and
                    ``(B) allocate funds for the purpose described in 
                subparagraph (A) in accordance with this subsection.'';
                    (D) in paragraph (4) (as so redesignated), by 
                striking ``52.5 percent'' and inserting ``53 percent'';
                    (E) in paragraph (7)--
                          (i) by striking ``5 percent'' and inserting 
                      ``7 percent''; and
                          (ii) by striking ``subsection (h)'' and 
                      inserting ``subsection (g)'';
                    (F) by redesignating paragraphs (8) and (10) as 
                paragraphs (10) and (11), respectively;
                    (G) by inserting after paragraph (7) the following:
            ``(8) <<NOTE: Time periods. Allocation.>>  Preventing 
        roadside deaths.--In each fiscal year, 1 percent of the funds 
        provided under this section shall be allocated among States that 
        meet requirements with respect to preventing roadside deaths 
        under subsection (h).
            ``(9) <<NOTE: Time periods.>>  Driver officer safety 
        education.--In each fiscal year, 1.5 percent of the funds 
        provided under this section shall be allocated among States that 
        meet requirements with respect to driver and officer safety 
        education under subsection (i).''; and
                    (H) in paragraph (10) (as so redesignated)--
                          (i) by striking ``(1) through (7)'' and 
                      inserting ``(2) through (9)''; and
                          (ii) by striking ``(b) through (h)'' and 
                      inserting ``(b) through (i)'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``of 
                Transportation'';
                    (B) in paragraph (3)(B)(ii)(VI)(aa), by striking 
                ``3-year'' and inserting ``5-year''; and
                    (C) in paragraph (4)--
                          (i) in subparagraph (A), by striking clause 
                      (v) and inserting the following:

[[Page 135 STAT. 796]]

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

[[Page 135 STAT. 797]]

                          (iv) by redesignating subparagraph (D) as 
                      subparagraph (B);
                          (v) in clause (vi) of subparagraph (B) (as so 
                      redesignated), by striking ``; and'' and inserting 
                      a period; and
                          (vi) by striking subparagraph (E);
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) Use of grant amounts.--A State may use a grant 
        received under this subsection to make data program improvements 
        to core highway safety databases relating to quantifiable, 
        measurable progress in any significant data program attribute 
        described in paragraph (3)(B), including through--
                    ``(A) software or applications to identify, collect, 
                and report data to State and local government agencies, 
                and enter data into State core highway safety databases, 
                including crash, citation or adjudication, driver, 
                emergency medical services or injury surveillance 
                system, roadway, and vehicle data;
                    ``(B) purchasing equipment to improve a process by 
                which data are identified, collated, and reported to 
                State and local government agencies, including 
                technology for use by law enforcement for near-real 
                time, electronic reporting of crash data;
                    ``(C) improving the compatibility and 
                interoperability of the core highway safety databases of 
                the State with national data systems and data systems of 
                other States, including the National EMS Information 
                System;
                    ``(D) enhancing the ability of a State and the 
                Secretary to observe and analyze local, State, and 
                national trends in crash occurrences, rates, outcomes, 
                and circumstances;
                    ``(E) supporting traffic records improvement 
                training and expenditures for law enforcement, emergency 
                medical, judicial, prosecutorial, and traffic records 
                professionals;
                    ``(F) hiring traffic records professionals for the 
                purpose of improving traffic information systems 
                (including a State Fatal Accident Reporting System 
                (FARS) liaison);
                    ``(G) adoption of the Model Minimum Uniform Crash 
                Criteria, or providing to the public information 
                regarding why any of those criteria will not be used, if 
                applicable;
                    ``(H) supporting reporting criteria relating to 
                emerging topics, including--
                          ``(i) impaired driving as a result of drug, 
                      alcohol, or polysubstance consumption; and
                          ``(ii) advanced technologies present on motor 
                      vehicles; and
                    ``(I) conducting research relating to State traffic 
                safety information systems, including developing 
                programs to improve core highway safety databases and 
                processes by which data are identified, collected, 
                reported to State and local government agencies, and 
                entered into State core safety databases.''; and
                    (D) by adding at the end the following:
            ``(6) Technical assistance.--
                    ``(A) In general.--The Secretary shall provide 
                technical assistance to States, regardless of whether a 
                State receives a grant under this subsection, with 
                respect to

[[Page 135 STAT. 798]]

                improving the timeliness, accuracy, completeness, 
                uniformity, integration, and public accessibility of 
                State safety data that are needed to identify priorities 
                for Federal, State, and local highway and traffic safety 
                programs, including on adoption by a State of the Model 
                Minimum Uniform Crash Criteria.
                    ``(B) Funds.--The Secretary may use not more than 3 
                percent of the amounts available under this subsection 
                to carry out subparagraph (A).'';
            (4) in subsection (d)--
                    (A) in paragraph (4)--
                          (i) in subparagraph (B)--
                                    (I) by striking clause (iii) and 
                                inserting the following:
                          ``(iii) court support of impaired driving 
                      prevention efforts, including--
                                    ``(I) hiring criminal justice 
                                professionals, including law enforcement 
                                officers, prosecutors, traffic safety 
                                resource prosecutors, judges, judicial 
                                outreach liaisons, and probation 
                                officers;
                                    ``(II) training and education of 
                                those professionals to assist the 
                                professionals in preventing impaired 
                                driving and handling impaired driving 
                                cases, including by providing 
                                compensation to a law enforcement 
                                officer to carry out safety grant 
                                activities to replace a law enforcement 
                                officer who is receiving drug 
                                recognition expert training or 
                                participating as an instructor in that 
                                drug recognition expert training; and
                                    ``(III) establishing driving while 
                                intoxicated courts;'';
                                    (II) by striking clause (v) and 
                                inserting the following:
                          ``(v) improving blood alcohol and drug 
                      concentration screening and testing, detection of 
                      potentially impairing drugs (including through the 
                      use of oral fluid as a specimen), and reporting 
                      relating to testing and detection;'';
                                    (III) in clause (vi), by striking 
                                ``conducting standardized field sobriety 
                                training, advanced roadside impaired 
                                driving evaluation training, and'' and 
                                inserting ``conducting initial and 
                                continuing standardized field sobriety 
                                training, advanced roadside impaired 
                                driving evaluation training, law 
                                enforcement phlebotomy training, and'';
                                    (IV) in clause (ix), by striking 
                                ``and'' at the end;
                                    (V) in clause (x), by striking the 
                                period at the end and inserting ``; 
                                and''; and
                                    (VI) by adding at the end the 
                                following:
                          ``(xi) testing and implementing programs, and 
                      purchasing technologies, to better identify, 
                      monitor, or treat impaired drivers, including--
                                    ``(I) oral fluid-screening 
                                technologies;
                                    ``(II) electronic warrant programs;

[[Page 135 STAT. 799]]

                                    ``(III) equipment to increase the 
                                scope, quantity, quality, and timeliness 
                                of forensic toxicology chemical testing;
                                    ``(IV) case management software to 
                                support the management of impaired 
                                driving offenders; and
                                    ``(V) technology to monitor 
                                impaired-driving offenders, and 
                                equipment and related expenditures used 
                                in connection with impaired-driving 
                                enforcement in accordance with criteria 
                                established by the National Highway 
                                Traffic Safety Administration.''; and
                          (ii) in subparagraph (C)--
                                    (I) in the second sentence, by 
                                striking ``Medium-range'' and inserting 
                                the following:
                          ``(ii) Medium-range and high-range states.--
                      Subject to clause (iii), medium-range'';
                                    (II) in the first sentence, by 
                                striking ``Low-range'' and inserting the 
                                following:
                          ``(i) Low-range states.--Subject to clause 
                      (iii), low-range''; and
                                    (III) by adding at the end the 
                                following:
                          ``(iii) Reporting and impaired driving 
                      measures.--A State may use grant funds for any 
                      expenditure relating to--
                                    ``(I) increasing the timely and 
                                accurate reporting to Federal, State, 
                                and local databases of--
                                            ``(aa) crash information, 
                                        including electronic crash 
                                        reporting systems that allow 
                                        accurate real- or near-real-time 
                                        uploading of crash information; 
                                        and
                                            ``(bb) impaired driving 
                                        criminal justice information; or
                                    ``(II) researching or evaluating 
                                impaired driving countermeasures.'';
                    (B) in paragraph (6)--
                          (i) by striking subparagraph (A) and inserting 
                      the following:
                    ``(A) <<NOTE: Time periods.>>  Grants to states with 
                alcohol-ignition interlock laws.--The Secretary shall 
                make a separate grant under this subsection to each 
                State that--
                          ``(i) adopts, and is enforcing, a mandatory 
                      alcohol-ignition interlock law for all individuals 
                      convicted of driving under the influence of 
                      alcohol or of driving while intoxicated;
                          ``(ii) does not allow an individual convicted 
                      of driving under the influence of alcohol or of 
                      driving while intoxicated to receive any driving 
                      privilege or driver's license unless the 
                      individual installs on each motor vehicle 
                      registered, owned, or leased for operation by the 
                      individual an ignition interlock for a period of 
                      not less than 180 days; or
                          ``(iii) has in effect, and is enforcing--
                                    ``(I) a State law requiring for any 
                                individual who is convicted of, or the 
                                driving privilege of whom is revoked or 
                                denied for, refusing to submit to a 
                                chemical or other appropriate test for 
                                the

[[Page 135 STAT. 800]]

                                purpose of determining the presence or 
                                concentration of any intoxicating 
                                substance, a State law requiring a 
                                period of not less than 180 days of 
                                ignition interlock installation on each 
                                motor vehicle to be operated by the 
                                individual; and
                                    ``(II) a compliance-based removal 
                                program, under which an individual 
                                convicted of driving under the influence 
                                of alcohol or of driving while 
                                intoxicated shall--
                                            ``(aa) satisfy a period of 
                                        not less than 180 days of 
                                        ignition interlock installation 
                                        on each motor vehicle to be 
                                        operated by the individual; and
                                            ``(bb) have completed a 
                                        minimum consecutive period of 
                                        not less than 40 percent of the 
                                        required period of ignition 
                                        interlock installation 
                                        immediately preceding the date 
                                        of release of the individual, 
                                        without a confirmed 
                                        violation.''; and
                          (ii) in subparagraph (D), by striking ``2009'' 
                      and inserting ``2022''; and
                    (C) in paragraph (7)(A), in the matter preceding 
                clause (i), by inserting ``or local'' after ``authorizes 
                a State'';
            (5) in subsection (e)--
                    (A) by striking paragraphs (6) and (8);
                    (B) by redesignating paragraphs (1), (2), (3), (4), 
                (5), (7), and (9) as paragraphs (2), (4), (6), (7), (8), 
                (9), and (1), respectively, and moving the paragraphs so 
                as to appear in numerical order;
                    (C) in paragraph (1) (as so redesignated)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``, the following definitions apply'';
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
                    ``(B) <<NOTE: Definition.>>  Personal wireless 
                communications device.--
                          ``(i) In general.--The term `personal wireless 
                      communications device' means--
                                    ``(I) a device through which 
                                personal wireless services (as defined 
                                in section 332(c)(7)(C) of the 
                                Communications Act of 1934 (47 U.S.C. 
                                332(c)(7)(C))) are transmitted; and
                                    ``(II) a mobile telephone or other 
                                portable electronic communication device 
                                with which a user engages in a call or 
                                writes, sends, or reads a text message 
                                using at least 1 hand.
                          ``(ii) Exclusion.--The term `personal wireless 
                      communications device' does not include a global 
                      navigation satellite system receiver used for 
                      positioning, emergency notification, or navigation 
                      purposes.''; and
                          (iii) <<NOTE: Definitions.>>  by striking 
                      subparagraph (E) and inserting the following:
                    ``(E) Text.--The term `text' means--
                          ``(i) to read from, or manually to enter data 
                      into, a personal wireless communications device, 
                      including

[[Page 135 STAT. 801]]

                      for the purpose of SMS texting, emailing, instant 
                      messaging, or any other form of electronic data 
                      retrieval or electronic data communication; and
                          ``(ii) manually to enter, send, or retrieve a 
                      text message to communicate with another 
                      individual or device.
                    ``(F) Text message.--
                          ``(i) In general.--The term `text message' 
                      means--
                                    ``(I) a text-based message;
                                    ``(II) an instant message;
                                    ``(III) an electronic message; and
                                    ``(IV) email.
                          ``(ii) Exclusions.--The term `text message' 
                      does not include--
                                    ``(I) an emergency, traffic, or 
                                weather alert; or
                                    ``(II) a message relating to the 
                                operation or navigation of a motor 
                                vehicle.'';
                    (D) by striking paragraph (2) (as so redesignated) 
                and inserting the following:
            ``(2) Grant program.--The Secretary shall provide a grant 
        under this subsection to any State that includes distracted 
        driving awareness as part of the driver's license examination of 
        the State.
            ``(3) Allocation.--
                    ``(A) In general.--For each fiscal year, not less 
                than 50 percent of the amounts made available to carry 
                out this subsection shall be allocated to States, based 
                on the proportion that--
                          ``(i) the apportionment of the State under 
                      section 402 for fiscal year 2009; bears to
                          ``(ii) the apportionment of all States under 
                      section 402 for that fiscal year.
                    ``(B) Grants for states with distracted driving 
                laws.--
                          ``(i) In general.--In addition to the 
                      allocations under subparagraph (A), for each 
                      fiscal year, not more than 50 percent of the 
                      amounts made available to carry out this 
                      subsection shall be allocated to States that enact 
                      and enforce a law that meets the requirements of 
                      paragraph (4), (5), or (6)--
                                    ``(I) based on the proportion that--
                                            ``(aa) the apportionment of 
                                        the State under section 402 for 
                                        fiscal year 2009; bears to
                                            ``(bb) the apportionment of 
                                        all States under section 402 for 
                                        that fiscal year; and
                                    ``(II) subject to clauses (ii), 
                                (iii), and (iv), as applicable.
                          ``(ii) Primary laws.--Subject to clause (iv), 
                      in the case of a State that enacts and enforces a 
                      law that meets the requirements of paragraph (4), 
                      (5), or (6) as a primary offense, the allocation 
                      to the State under this subparagraph shall be 100 
                      percent of the amount calculated to be allocated 
                      to the State under clause (i)(I).
                          ``(iii) Secondary laws.--Subject to clause 
                      (iv), in the case of a State that enacts and 
                      enforces a law

[[Page 135 STAT. 802]]

                      that meets the requirements of paragraph (4), (5), 
                      or (6) as a secondary enforcement action, the 
                      allocation to the State under this subparagraph 
                      shall be an amount equal to 50 percent of the 
                      amount calculated to be allocated to the State 
                      under clause (i)(I).
                          ``(iv) Texting while driving.--Notwithstanding 
                      clauses (ii) and (iii), the allocation under this 
                      subparagraph to a State that enacts and enforces a 
                      law that prohibits a driver from viewing a 
                      personal wireless communications device (except 
                      for purposes of navigation) shall be 25 percent of 
                      the amount calculated to be allocated to the State 
                      under clause (i)(I).'';
                    (E) in paragraph (4) (as so redesignated)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``set forth in this'' and inserting 
                      ``of this'';
                          (ii) by striking subparagraph (B);
                          (iii) by redesignating subparagraphs (C) and 
                      (D) as subparagraphs (B) and (C), respectively;
                          (iv) in subparagraph (B) (as so redesignated), 
                      by striking ``minimum''; and
                          (v) in subparagraph (C) (as so redesignated), 
                      by striking ``text through a personal wireless 
                      communication device'' and inserting ``use a 
                      personal wireless communications device for 
                      texting'';
                    (F) by inserting after paragraph (4) (as so 
                redesignated) the following:
            ``(5) Prohibition on handheld phone use while driving.--A 
        State law meets the requirements of this paragraph if the law--
                    ``(A) prohibits a driver from holding a personal 
                wireless communications device while driving;
                    ``(B) establishes a fine for a violation of that 
                law; and
                    ``(C) does not provide for an exemption that 
                specifically allows a driver to use a personal wireless 
                communications device for texting while stopped in 
                traffic.'';
                    (G) in paragraph (6) (as so redesignated)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``set forth in this'' and inserting 
                      ``of this'';
                          (ii) in subparagraph (A)(ii), by striking 
                      ``set forth in subsection (g)(2)(B)'';
                          (iii) by striking subparagraphs (B) and (D);
                          (iv) by redesignating subparagraph (C) as 
                      subparagraph (B);
                          (v) in subparagraph (B) (as so redesignated), 
                      by striking ``minimum''; and
                          (vi) by adding at the end the following:
                    ``(C) does not provide for--
                          ``(i) an exemption that specifically allows a 
                      driver to use a personal wireless communications 
                      device for texting while stopped in traffic; or
                          ``(ii) an exemption described in paragraph 
                      (7)(E).''; and
                    (H) in paragraph (7) (as so redesignated)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``set forth in paragraph (2) or (3)'' 
                      and inserting ``of paragraph (4), (5), or (6)'';

[[Page 135 STAT. 803]]

                          (ii) by striking subparagraph (A) and 
                      inserting the following:
                    ``(A) a driver who uses a personal wireless 
                communications device during an emergency to contact 
                emergency services to prevent injury to persons or 
                property;'';
                          (iii) in subparagraph (C), by striking ``and'' 
                      at the end;
                          (iv) by redesignating subparagraph (D) as 
                      subparagraph (F); and
                          (v) by inserting after subparagraph (C) the 
                      following:
                    ``(D) a driver who uses a personal wireless 
                communications device for navigation;
                    ``(E) except for a law described in paragraph (6), 
                the use of a personal wireless communications device--
                          ``(i) in a hands-free manner;
                          ``(ii) with a hands-free accessory; or
                          ``(iii) with the activation or deactivation of 
                      a feature or function of the personal wireless 
                      communications device with the motion of a single 
                      swipe or tap of the finger of the driver; and'';
            (6) in subsection (f)(3)--
                    (A) in subparagraph (A)(i), by striking ``accident'' 
                and inserting ``crash'';
                    (B) by redesignating subparagraphs (C) through (F) 
                as subparagraphs (D) through (G), respectively;
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) Helmet law.--A State law requiring the use of 
                a helmet for each motorcycle rider under the age of 
                18.''; and
                    (D) in subparagraph (F) (as so redesignated), in the 
                subparagraph heading, by striking ``accidents'' and 
                inserting ``crashes'';
            (7) by striking subsection (g);
            (8) by redesignating subsection (h) as subsection (g);
            (9) in subsection (g) (as so redesignated)--
                    (A) by redesignating paragraphs (1) through (5) as 
                paragraphs (2) through (6), respectively;
                    (B) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) Definition of nonmotorized road user.--In this 
        subsection, the term `nonmotorized road user' means--
                    ``(A) a pedestrian;
                    ``(B) an individual using a nonmotorized mode of 
                transportation, including a bicycle, a scooter, or a 
                personal conveyance; and
                    ``(C) an individual using a low-speed or low-
                horsepower motorized vehicle, including an electric 
                bicycle, electric scooter, personal mobility assistance 
                device, personal transporter, or all-terrain vehicle.'';
                    (C) in paragraph (2) (as so redesignated), by 
                striking ``pedestrian and bicycle fatalities and 
                injuries that result from crashes involving a motor 
                vehicle'' and inserting ``nonmotorized road user 
                fatalities involving a motor vehicle in transit on a 
                trafficway'';

[[Page 135 STAT. 804]]

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

    ``(h) Preventing Roadside Deaths.--
            ``(1) In general.--The Secretary shall provide grants to 
        States to prevent death and injury from crashes involving motor 
        vehicles striking other vehicles and individuals stopped at the 
        roadside.
            ``(2) Federal share.--The Federal share of the cost of 
        carrying out an activity funded through a grant under this 
        subsection may not exceed 80 percent.
            ``(3) <<NOTE: Plan.>>  Eligibility.--A State shall receive a 
        grant under this subsection in a fiscal year if the State 
        submits to the Secretary a plan that describes the method by 
        which the State will use grant funds in accordance with 
        paragraph (4).
            ``(4) Use of funds.--Amounts received by a State under this 
        subsection shall be used by the State--
                    ``(A) to purchase and deploy digital alert 
                technology that--
                          ``(i) is capable of receiving alerts regarding 
                      nearby first responders; and
                          ``(ii) in the case of a motor vehicle that is 
                      used for emergency response activities, is capable 
                      of sending

[[Page 135 STAT. 805]]

                      alerts to civilian drivers to protect first 
                      responders on the scene and en route;
                    ``(B) to educate the public regarding the safety of 
                vehicles and individuals stopped at the roadside in the 
                State through public information campaigns for the 
                purpose of reducing roadside deaths and injury;
                    ``(C) for law enforcement costs relating to 
                enforcing State laws to protect the safety of vehicles 
                and individuals stopped at the roadside;
                    ``(D) for programs to identify, collect, and report 
                to State and local government agencies data relating to 
                crashes involving vehicles and individuals stopped at 
                the roadside; and
                    ``(E) to pilot and incentivize measures, including 
                optical visibility measures, to increase the visibility 
                of stopped and disabled vehicles.
            ``(5) Grant amount.--The allocation of grant funds to a 
        State under this subsection for a fiscal year shall be in 
        proportion to the apportionment of that State under section 402 
        for fiscal year 2022.

    ``(i) Driver and Officer Safety Education.--
            ``(1) Definition of peace officer.--In this subsection, the 
        term `peace officer' includes any individual--
                    ``(A) who is an elected, appointed, or employed 
                agent of a government entity;
                    ``(B) who has the authority--
                          ``(i) to carry firearms; and
                          ``(ii) to make warrantless arrests; and
                    ``(C) whose duties involve the enforcement of 
                criminal laws of the United States.
            ``(2) Grants.--Subject to the requirements of this 
        subsection, the Secretary shall provide grants to--
                    ``(A) States that enact or adopt a law or program 
                described in paragraph (4); and
                    ``(B) qualifying States under paragraph (7).
            ``(3) Federal share.--The Federal share of the cost of 
        carrying out an activity funded through a grant under this 
        subsection may not exceed 80 percent.
            ``(4) Description of law or program.--A law or program 
        referred to in paragraph (2)(A) is a law or program that 
        requires 1 or more of the following:
                    ``(A) Driver education and driving safety courses.--
                The inclusion, in driver education and driver safety 
                courses provided to individuals by educational and motor 
                vehicle agencies of the State, of instruction and 
                testing relating to law enforcement practices during 
                traffic stops, including information relating to--
                          ``(i) the role of law enforcement and the 
                      duties and responsibilities of peace officers;
                          ``(ii) the legal rights of individuals 
                      concerning interactions with peace officers;
                          ``(iii) best practices for civilians and peace 
                      officers during those interactions;
                          ``(iv) the consequences for failure of an 
                      individual or officer to comply with the law or 
                      program; and
                          ``(v) how and where to file a complaint 
                      against, or a compliment relating to, a peace 
                      officer.

[[Page 135 STAT. 806]]

                    ``(B) Peace officer training programs.--Development 
                and implementation of a training program, including 
                instruction and testing materials, for peace officers 
                and reserve law enforcement officers (other than 
                officers who have received training in a civilian course 
                described in subparagraph (A)) with respect to proper 
                interaction with civilians during traffic stops.
            ``(5) Use of funds.--A State may use a grant provided under 
        this subsection for--
                    ``(A) the production of educational materials and 
                training of staff for driver education and driving 
                safety courses and peace officer training described in 
                paragraph (4); and
                    ``(B) the implementation of a law or program 
                described in paragraph (4).
            ``(6) Grant amount.--The allocation of grant funds to a 
        State under this subsection for a fiscal year shall be in 
        proportion to the apportionment of that State under section 402 
        for fiscal year 2022.
            ``(7) Special rule for certain states.--
                    ``(A) Definition of qualifying state.--In this 
                paragraph, the term `qualifying State' means a State 
                that--
                          ``(i) has received a grant under this 
                      subsection for a period of not more than 5 years; 
                      and
                          ``(ii) as determined by the Secretary--
                                    ``(I) has not fully enacted or 
                                adopted a law or program described in 
                                paragraph (4); but
                                    ``(II)(aa) has taken meaningful 
                                steps toward the full implementation of 
                                such a law or program; and
                                    ``(bb) has established a timetable 
                                for the implementation of such a law or 
                                program.
                    ``(B) Withholding.--The Secretary shall--
                          ``(i) withhold 50 percent of the amount that 
                      each qualifying State would otherwise receive 
                      under this subsection if the qualifying State were 
                      a State described in paragraph (2)(A); and
                          ``(ii) direct any amounts withheld under 
                      clause (i) for distribution among the States that 
                      are enforcing and carrying out a law or program 
                      described in paragraph (4).''.

    (b) Technical Amendment.--Section 4010(2) of the FAST Act (23 U.S.C. 
405 note; Public Law 114-94) is amended by inserting ``all'' before 
``deficiencies''.
    (c) <<NOTE: 23 USC 405 note.>>  Effective Date.--The amendments made 
by subsection (a) shall take effect with respect to any grant 
application or State highway safety plan submitted under chapter 4 of 
title 23, United States Code, for fiscal year 2024 or thereafter.
SEC. 24106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING PREVENTION.

    (a) Impaired Driving Countermeasures.--Section 154(c)(1) of title 
23, United States Code, is amended by striking ``alcohol-impaired'' each 
place it appears and inserting ``impaired''.
    (b) Comptroller General Study of National DUI Reporting.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study of the reporting of impaired 
        driving

[[Page 135 STAT. 807]]

        arrest and citation data into Federal databases and the 
        interstate sharing of information relating to impaired driving-
        related convictions and license suspensions to facilitate the 
        widespread identification of repeat impaired driving offenders.
            (2) <<NOTE: Assessment. Data.>>  Inclusions.--The study 
        conducted under paragraph (1) shall include a detailed 
        assessment of--
                    (A) the extent to which State and local criminal 
                justice agencies are reporting impaired driving arrest 
                and citation data to Federal databases;
                    (B) barriers--
                          (i) at the Federal, State, and local levels, 
                      to the reporting of impaired driving arrest and 
                      citation data to Federal databases; and
                          (ii) to the use of those databases by criminal 
                      justice agencies;
                    (C) Federal, State, and local resources available to 
                improve the reporting and sharing of impaired driving 
                data; and
                    (D) <<NOTE: Recommenda- tions.>>  any options or 
                recommendations for actions that Federal agencies or 
                Congress could take to further improve the reporting and 
                sharing of impaired driving data.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the appropriate committees of Congress a report describing the 
        results of the study conducted under this subsection.
SEC. 24107. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING 
                            WHILE INTOXICATED OR DRIVING UNDER THE 
                            INFLUENCE.

    Section 164(b)(1) of title 23, United States Code, is amended--
            (1) in subparagraph (A), by striking ``alcohol-impaired'' 
        and inserting ``alcohol- or multiple substance-impaired''; and
            (2) in subparagraph (B)--
                    (A) by striking ``intoxicated or driving'' and 
                inserting ``intoxicated, driving while multiple 
                substance-impaired, or driving''; and
                    (B) by striking ``alcohol-impaired'' and inserting 
                ``alcohol- or multiple substance-impaired''.
SEC. 24108. <<NOTE: 23 USC 405 note.>>  CRASH DATA.

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

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

[[Page 135 STAT. 808]]

        crash data collection systems to include the collection of 
        additional crash report data elements relating to vulnerable 
        road user safety.
            (2) <<NOTE: Coordination.>>  Injury health data.--The 
        Secretary shall coordinate with the Director of the Centers for 
        Disease Control and Prevention to develop and implement a plan 
        for States to combine highway crash data and injury health data 
        to produce a national database of pedestrian injuries and 
        fatalities, disaggregated by demographic characteristics.

    (d) State Electronic Data Collection.--
            (1) Definitions.--In this subsection:
                    (A) Electronic data transfer.--The term ``electronic 
                data transfer'' means a protocol for automated 
                electronic transfer of State crash data to the National 
                Highway Traffic Safety Administration.
                    (B) State.--The term ``State'' means--
                          (i) each of the 50 States;
                          (ii) the District of Columbia;
                          (iii) the Commonwealth of Puerto Rico;
                          (iv) the United States Virgin Islands;
                          (v) Guam;
                          (vi) American Samoa;
                          (vii) the Commonwealth of the Northern Mariana 
                      Islands; and
                          (viii) the Secretary of the Interior, acting 
                      on behalf of an Indian Tribe.
            (2) Establishment of program.--The Secretary shall establish 
        a program under which the Secretary shall--
                    (A) <<NOTE: Grants.>>  provide grants for the 
                modernization of State data collection systems to enable 
                full electronic data transfer under paragraph (3); and
                    (B) upgrade the National Highway Traffic Safety 
                Administration system to manage and support State 
                electronic data transfers relating to crashes under 
                paragraph (4).
            (3) State grants.--
                    (A) In general.--The Secretary shall provide grants 
                to States to upgrade and standardize State crash data 
                systems to enable electronic data collection, intrastate 
                data sharing, and electronic data transfers to the 
                National Highway Traffic Safety Administration to 
                increase the accuracy, timeliness, and accessibility of 
                the data, including data relating to fatalities 
                involving vulnerable road users.
                    (B) <<NOTE: Plan. Deadline.>>  Eligibility.--A State 
                shall be eligible to receive a grant under this 
                paragraph if the State submits to the Secretary an 
                application, at such time, in such manner, and 
                containing such information as the Secretary may 
                require, that includes a plan to implement full 
                electronic data transfer to the National Highway Traffic 
                Safety Administration by not later than 5 years after 
                the date on which the grant is provided.
                    (C) Use of funds.--A grant provided under this 
                paragraph may be used for the costs of--
                          (i) equipment to upgrade a statewide crash 
                      data repository;
                          (ii) adoption of electronic crash reporting by 
                      law enforcement agencies; and

[[Page 135 STAT. 809]]

                          (iii) increasing alignment of State crash data 
                      with the latest Model Minimum Uniform Crash 
                      Criteria.
                    (D) Federal share.--The Federal share of the cost of 
                a project funded with a grant under this paragraph may 
                be up to 80 percent.
            (4) National highway traffic safety administration system 
        upgrade.--The Secretary shall manage and support State 
        electronic data transfers relating to vehicle crashes by--
                    (A) increasing the capacity of the National Highway 
                Traffic Safety Administration system; and
                    (B) <<NOTE: Public information.>>  making State 
                crash data accessible to the public.

    (e) Crash Investigation Sampling System.--The Secretary may use 
funds made available to carry out this section to enhance the collection 
of crash data by upgrading the Crash Investigation Sampling System to 
include--
            (1) additional program sites;
            (2) an expanded scope that includes all crash types; and
            (3) on-scene investigation protocols.

    (f) <<NOTE: Time periods.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $150,000,000 for each of fiscal years 2022 through 2026, to 
remain available for a period of 3 fiscal years following the fiscal 
year for which the amounts are appropriated.
SEC. 24109. REVIEW OF MOVE OVER OR SLOW DOWN LAW PUBLIC AWARENESS.

    (a) Definition of Move Over or Slow Down Law.--In this section, the 
term ``Move Over or Slow Down Law'' means any Federal or State law 
intended to ensure first responder and motorist safety by requiring 
motorists to change lanes or slow down when approaching an authorized 
emergency vehicle that is stopped or parked on or next to a roadway with 
emergency lights activated.
    (b) Study.--
            (1) In general.--The Comptroller General of the United 
        States shall carry out a study of the efficacy of Move Over or 
        Slow Down Laws and related public awareness campaigns.
            (2) Inclusions.--The study under paragraph (1) shall 
        include--
                    (A) <<NOTE: Review.>>  a review of each Federal and 
                State Move Over or Slow Down Law, including--
                          (i) penalties associated with the Move Over or 
                      Slow Down Laws;
                          (ii) the level of enforcement of Move Over or 
                      Slow Down Laws; and
                          (iii) the applicable class of vehicles that 
                      triggers Move Over or Slow Down Laws.
                    (B) an identification and description of each 
                Federal and State public awareness campaign relating to 
                Move Over or Slow Down Laws; and
                    (C) a description of the role of the Department in 
                supporting State efforts with respect to Move Over or 
                Slow Down Laws, such as conducting research, collecting 
                data, or supporting public awareness or education 
                efforts.

[[Page 135 STAT. 810]]

    (c) Report.--On completion of the study under subsection (b), the 
Comptroller General shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that describes--
            (1) the findings of the study; and
            (2) <<NOTE: Recommenda- tions.>>  any recommendations to 
        improve public awareness campaigns, research, or education 
        efforts relating to the issues described in subsection (b)(2).
SEC. 24110. REVIEW OF LAWS, SAFETY MEASURES, AND TECHNOLOGIES 
                            RELATING TO SCHOOL BUSES.

    (a) Review of Illegal Passing Laws.--
            (1) <<NOTE: Reports.>>  In general.--Not later than 2 years 
        after the date of enactment of this Act, the Secretary shall 
        prepare a report that--
                    (A) identifies and describes all illegal passing 
                laws in each State relating to school buses, including--
                          (i) the level of enforcement of those laws;
                          (ii) the penalties associated with those laws;
                          (iii) any issues relating to the enforcement 
                      of those laws; and
                          (iv) the effectiveness of those laws;
                    (B) reviews existing State laws that may inhibit the 
                effectiveness of safety countermeasures in school bus 
                loading zones, such as--
                          (i) laws that require the face of a driver to 
                      be visible in an image captured by a camera if 
                      enforcement action is to be taken based on that 
                      image;
                          (ii) laws that may reduce stop-arm camera 
                      effectiveness;
                          (iii) the need for a law enforcement officer 
                      to witness an event for enforcement action to be 
                      taken; and
                          (iv) the lack of primary enforcement for 
                      texting and driving offenses;
                    (C) identifies the methods used by each State to 
                review, document, and report to law enforcement school 
                bus stop-arm violations; and
                    (D) identifies best practices relating to the most 
                effective approaches to address the illegal passing of 
                school buses.
            (2) <<NOTE: Public information. Web posting.>>  
        Publication.--The report under paragraph (1) shall be made 
        publicly available on the website of the Department.

    (b) <<NOTE: 23 USC 402 note.>>  Public Safety Messaging Campaign.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 1 year 
        after the date of enactment of this Act, the Secretary shall 
        establish and implement a public safety messaging campaign that 
        uses public safety media messages, posters, digital media 
        messages, and other media messages distributed to States, State 
        departments of motor vehicles, schools, and other public 
        outlets--
                    (A) to highlight the importance of addressing the 
                illegal passing of school buses; and
                    (B) to educate students and the public regarding the 
                safe loading and unloading of schools buses.
            (2) Consultation.--In carrying out paragraph (1), the 
        Secretary shall consult with--

[[Page 135 STAT. 811]]

                    (A) representatives of the school bus industry from 
                the public and private sectors; and
                    (B) States.
            (3) Updates.--The Secretary shall periodically update the 
        materials used in the campaign under paragraph (1).

    (c) Review of Technologies.--
            (1) <<NOTE: Reports. Evaluation.>>  In general.--Not later 
        than 2 years after the date of enactment of this Act, the 
        Secretary shall review and evaluate the effectiveness of various 
        technologies for enhancing school bus safety, including 
        technologies such as--
                    (A) cameras;
                    (B) audible warning systems; and
                    (C) enhanced lighting.
            (2) Inclusions.--The review under paragraph (1)--
                    (A) <<NOTE: Assessments.>>  shall include--
                          (i) an assessment of--
                                    (I) the costs of acquiring and 
                                operating new equipment;
                                    (II) the potential impact of that 
                                equipment on overall school bus 
                                ridership; and
                                    (III) motion-activated detection 
                                systems capable of--
                                            (aa) detecting pedestrians, 
                                        cyclists, and other road users 
                                        located near the exterior of the 
                                        school bus; and
                                            (bb) alerting the operator 
                                        of the school bus of those road 
                                        users;
                          (ii) an assessment of the impact of advanced 
                      technologies designed to improve loading zone 
                      safety; and
                          (iii) an assessment of the effectiveness of 
                      school bus lighting systems at clearly 
                      communicating to surrounding drivers the 
                      appropriate actions those drivers should take; and
                    (B) <<NOTE: Evaluation.>>  may include an evaluation 
                of any technological solutions that may enhance school 
                bus safety outside the school bus loading zone.
            (3) Consultation.--In carrying out the review under 
        paragraph (1), the Secretary shall consult with--
                    (A) manufacturers of school buses;
                    (B) manufacturers of various technologies that may 
                enhance school bus safety; and
                    (C) representatives of the school bus industry from 
                the public and private sectors.
            (4) <<NOTE: Public information. Web posting.>>  
        Publication.--The Secretary shall make the findings of the 
        review under paragraph (1) publicly available on the website of 
        the Department.

    (d) Review of Driver Education Materials.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years 
        after the date of enactment of this Act, the Secretary shall--
                    (A) review driver manuals, handbooks, and other 
                materials in all States to determine whether and the 
                means by which illegal passing of school buses is 
                addressed in those driver materials, including in--
                          (i) testing for noncommercial driver's 
                      licenses; and
                          (ii) road tests; and

[[Page 135 STAT. 812]]

                    (B) <<NOTE: Recommenda- tions.>>  make 
                recommendations on methods by which States can improve 
                education regarding the illegal passing of school buses, 
                particularly for new drivers.
            (2) Consultation.--In carrying out paragraph (1), the 
        Secretary shall consult with--
                    (A) representatives of the school bus industry from 
                the public and private sectors;
                    (B) States;
                    (C) State motor vehicle administrators or senior 
                State executives responsible for driver licensing; and
                    (D) other appropriate motor vehicle experts.
            (3) <<NOTE: Public information. Web posting.>>  
        Publication.--The Secretary shall make the findings of the 
        review under paragraph (1) publicly available on the website of 
        the Department.

    (e) Review of Other Safety Issues.--
            (1) <<NOTE: Research and development. Reports.>>  In 
        general.--Not later than 2 years after the date of enactment of 
        this Act, the Secretary shall research and prepare a report 
        describing any relationship between the illegal passing of 
        school buses and other safety issues, including issues such as--
                    (A) distracted driving;
                    (B) poor visibility, such as morning darkness;
                    (C) illumination and reach of vehicle headlights;
                    (D) speed limits; and
                    (E) characteristics associated with school bus 
                stops, including the characteristics of school bus stops 
                in rural areas.
            (2) <<NOTE: Public information. Web posting.>>  
        Publication.--The Secretary shall make the report under 
        paragraph (1) publicly available on the website of the 
        Department.
SEC. 24111. MOTORCYCLIST ADVISORY COUNCIL.

    (a) In General.--Subchapter III of chapter 3 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 355. <<NOTE: 49 USC 355.>>  Motorcyclist Advisory Council

    ``(a) <<NOTE: Deadline.>>  Establishment.--Not later than 90 days 
after the date of enactment of this section, the Secretary of 
Transportation (referred to in this section as the `Secretary') shall 
establish a council, to be known as the `Motorcyclist Advisory Council' 
(referred to in this section as the `Council').

    ``(b) Membership.--
            ``(1) <<NOTE: Appointments.>>  In general.--The Council 
        shall be comprised of 13 members, to be appointed by the 
        Secretary, of whom--
                    ``(A) 5 shall be representatives of units of State 
                or local government with expertise relating to highway 
                engineering and safety issues, including--
                          ``(i) motorcycle and motorcyclist safety;
                          ``(ii) barrier and road design, construction, 
                      and maintenance; or
                          ``(iii) intelligent transportation systems;
                    ``(B) 1 shall be a motorcyclist who serves as a 
                State or local--
                          ``(i) traffic and safety engineer;
                          ``(ii) design engineer; or
                          ``(iii) other transportation department 
                      official;

[[Page 135 STAT. 813]]

                    ``(C) 1 shall be a representative of a national 
                association of State transportation officials;
                    ``(D) 1 shall be a representative of a national 
                motorcyclist association;
                    ``(E) 1 shall be a representative of a national 
                motorcyclist foundation;
                    ``(F) 1 shall be a representative of a national 
                motorcycle manufacturing association;
                    ``(G) 1 shall be a representative of a motorcycle 
                manufacturing company headquartered in the United 
                States;
                    ``(H) 1 shall be a roadway safety data expert with 
                expertise relating to crash testing and analysis; and
                    ``(I) 1 shall be a member of a national safety 
                organization that represents the traffic safety systems 
                industry.
            ``(2) Term.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), each member shall serve on the Council for a single 
                term of 2 years.
                    ``(B) Additional term.--If a successor is not 
                appointed for a member of the Council before the 
                expiration of the term of service of the member, the 
                member may serve on the Council for a second term of not 
                longer than 2 years.
                    ``(C) Appointment of replacements.--If a member of 
                the Council resigns before the expiration of the 2-year 
                term of service of the member--
                          ``(i) the Secretary may appoint a replacement 
                      for the member, who shall serve the remaining 
                      portion of the term; and
                          ``(ii) the resigning member may continue to 
                      serve after resignation until the date on which a 
                      successor is appointed.
            ``(3) Vacancies.--A vacancy on the Council shall be filled 
        in the manner in which the original appointment was made.
            ``(4) Compensation.--A member of the Council shall serve 
        without compensation.

    ``(c) Duties.--
            ``(1) Advising.--The Council shall advise the Secretary, the 
        Administrator of the National Highway Traffic Safety 
        Administration, and the Administrator of the Federal Highway 
        Administration regarding transportation safety issues of concern 
        to motorcyclists, including--
                    ``(A) motorcycle and motorcyclist safety;
                    ``(B) barrier and road design, construction, and 
                maintenance practices; and
                    ``(C) the architecture and implementation of 
                intelligent transportation system technologies.
            ``(2) <<NOTE: Recommenda- tions.>>  Biennial report.--Not 
        later than October 31 of the calendar year following the 
        calendar year in which the Council is established, and not less 
        frequently than once every 2 years thereafter, the Council shall 
        submit to the Secretary a report containing recommendations of 
        the Council regarding the issues described in paragraph (1).

    ``(d) Duties of Secretary.--
            ``(1) Council recommendations.--

[[Page 135 STAT. 814]]

                    ``(A) <<NOTE: Determination.>>  In general.--The 
                Secretary shall determine whether to accept or reject a 
                recommendation contained in a report of the Council 
                under subsection (c)(2).
                    ``(B) Inclusion in review.--
                          ``(i) In general.--The Secretary shall 
                      indicate in each review under paragraph (2) 
                      whether the Secretary accepts or rejects each 
                      recommendation of the Council covered by the 
                      review.
                          ``(ii) Exception.--The Secretary may indicate 
                      in a review under paragraph (2) that a 
                      recommendation of the Council is under 
                      consideration, subject to the condition that a 
                      recommendation so under consideration shall be 
                      accepted or rejected by the Secretary in the 
                      subsequent review of the Secretary under paragraph 
                      (2).
            ``(2) Review.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 60 days after the date on which the Secretary 
                receives a report from the Council under subsection 
                (c)(2), the Secretary shall submit a review describing 
                the response of the Secretary to the recommendations of 
                the Council contained in the Council report to--
                          ``(i) the Committee on Commerce, Science, and 
                      Transportation of the Senate;
                          ``(ii) the Committee on Environment and Public 
                      Works of the Senate;
                          ``(iii) the Subcommittee on Transportation, 
                      Housing and Urban Development, and Related 
                      Agencies of the Committee on Appropriations of the 
                      Senate;
                          ``(iv) the Committee on Transportation and 
                      Infrastructure of the House of Representatives; 
                      and
                          ``(v) the Subcommittee on Transportation, 
                      Housing and Urban Development, and Related 
                      Agencies of the Committee on Appropriations of the 
                      House of Representatives.
                    ``(B) Contents.--A review of the Secretary under 
                this paragraph shall include a description of--
                          ``(i) each recommendation contained in the 
                      Council report covered by the review; and
                          ``(ii)(I) each recommendation of the Council 
                      that was categorized under paragraph (1)(B)(ii) as 
                      being under consideration by the Secretary in the 
                      preceding review submitted under this paragraph; 
                      and
                          ``(II) for each such recommendation, whether 
                      the recommendation--
                                    ``(aa) is accepted or rejected by 
                                the Secretary; or
                                    ``(bb) remains under consideration 
                                by the Secretary.
            ``(3) Administrative and technical support.--The Secretary 
        shall provide to the Council such administrative support, staff, 
        and technical assistance as the Secretary determines to be 
        necessary to carry out the duties of the Council under this 
        section.

    ``(e) Termination.--The Council shall terminate on the date that is 
6 years after the date on which the Council is established under 
subsection (a).''.

[[Page 135 STAT. 815]]

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

``355. Motorcyclist Advisory Council.''.

    (c) Conforming Amendments.--
            (1) <<NOTE: Repeal.>>  Section 1426 of the FAST Act (23 
        U.S.C. 101 note; Public Law 114-94) is repealed.
            (2) The table of contents for the FAST Act (Public Law 114-
        94; 129 Stat. 1313) is amended by striking the item relating to 
        section 1426.
SEC. 24112. <<NOTE: 23 USC 402 note.>>  SAFE STREETS AND ROADS FOR 
                            ALL GRANT PROGRAM.

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

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

[[Page 135 STAT. 816]]

serious injury on roads and streets, commonly referred to as ``Vision 
Zero'' or ``Toward Zero Deaths'' initiatives.
    (c) Grants.--
            (1) In general.--In carrying out the program, the Secretary 
        may make grants to eligible entities, on a competitive basis, in 
        accordance with this section.
            (2) Limitations.--
                    (A) In general.--Not more than 15 percent of the 
                funds made available to carry out the program for a 
                fiscal year may be awarded to eligible projects in a 
                single State during that fiscal year.
                    (B) Planning grants.--Of the total amount made 
                available to carry out the program for each fiscal year, 
                not less than 40 percent shall be awarded to eligible 
                projects described in subsection (a)(3)(A).

    (d) Selection of Eligible Projects.--
            (1) <<NOTE: Deadline.>>  Solicitation.--Not later than 180 
        days after the date on which amounts are made available to 
        provide grants under the program for a fiscal year, the 
        Secretary shall solicit from eligible entities grant 
        applications for eligible projects in accordance with this 
        section.
            (2) Applications.--
                    (A) In general.--To be eligible to receive a grant 
                under the program, an eligible entity shall submit to 
                the Secretary an application in such form and containing 
                such information as the Secretary considers to be 
                appropriate.
                    (B) Requirement.--An application for a grant under 
                this paragraph shall include mechanisms for evaluating 
                the success of applicable eligible projects and 
                strategies.
            (3) Considerations.--In awarding a grant under the program, 
        the Secretary shall take into consideration the extent to which 
        an eligible entity, and each eligible project proposed to be 
        carried out by the eligible entity, as applicable--
                    (A) is likely to significantly reduce or eliminate 
                transportation-related fatalities and serious injuries 
                involving various road users, including pedestrians, 
                bicyclists, public transportation users, motorists, and 
                commercial operators, within the timeframe proposed by 
                the eligible entity;
                    (B) demonstrates engagement with a variety of public 
                and private stakeholders;
                    (C) seeks to adopt innovative technologies or 
                strategies to promote safety;
                    (D) employs low-cost, high-impact strategies that 
                can improve safety over a wider geographical area;
                    (E) ensures, or will ensure, equitable investment in 
                the safety needs of underserved communities in 
                preventing transportation-related fatalities and 
                injuries;
                    (F) includes evidence-based projects or strategies; 
                and
                    (G) achieves such other conditions as the Secretary 
                considers to be necessary.
            (4) Transparency.--
                    (A) <<NOTE: Evaluation.>>  In general.--The 
                Secretary shall evaluate, through a methodology that is 
                discernible and transparent to the public, the means by, 
                and extent to, which each application under the program 
                addresses any applicable merit criteria established by 
                the Secretary.

[[Page 135 STAT. 817]]

                    (B) Publication.--The methodology under subparagraph 
                (A) shall be published by the Secretary as part of the 
                notice of funding opportunity under the program.

    (e) Federal Share.--The Federal share of the cost of an eligible 
project carried out using a grant provided under the program shall not 
exceed 80 percent.
    (f) Funding.--
            (1) <<NOTE: Time periods.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to carry 
        out this section $200,000,000 for each of fiscal years 2022 
        through 2026, to remain available for a period of 3 fiscal years 
        following the fiscal year for which the amounts are 
        appropriated.
            (2) Administrative expenses.--Of the amounts made available 
        to carry out the program for a fiscal year, the Secretary may 
        retain not more than 2 percent for the administrative expenses 
        of the program.
            (3) <<NOTE: Time period.>>  Availability to eligible 
        entities.--Amounts made available under a grant under the 
        program shall remain available for use by the applicable 
        eligible entity until the date that is 5 years after the date on 
        which the grant is provided.

    (g) Data Submission.--
            (1) In general.--As a condition of receiving a grant under 
        this program, an eligible entity shall submit to the Secretary, 
        on a regular basis as established by the Secretary, data, 
        information, or analyses collected or conducted in accordance 
        with subsection (d)(3).
            (2) Form.--The data, information, and analyses under 
        paragraph (1) shall be submitted in such form such manner as may 
        be prescribed by the Secretary.

    (h) Reports.--Not later than 120 days after the end of the period of 
performance for a grant under the program, the eligible entity shall 
submit to the Secretary a report that describes--
            (1) the costs of each eligible project carried out using the 
        grant;
            (2) the outcomes and benefits that each such eligible 
        project has generated, as--
                    (A) identified in the grant application of the 
                eligible entity; and
                    (B) measured by data, to the maximum extent 
                practicable; and
            (3) the lessons learned and any recommendations relating to 
        future projects or strategies to prevent death and serious 
        injury on roads and streets.

    (i) Best Practices.--Based on the information submitted by eligible 
entities under subsection (g), the Secretary shall--
            (1) periodically post on a publicly available website best 
        practices and lessons learned for preventing transportation-
        related fatalities and serious injuries pursuant to strategies 
        or interventions implemented under the program; and
            (2) evaluate and incorporate, as appropriate, the 
        effectiveness of strategies and interventions implemented under 
        the program for the purpose of enriching revisions to the 
        document entitled ``Countermeasures That Work: A Highway Safety 
        Countermeasure Guide for State Highway Safety Offices, Ninth 
        Edition'' and numbered DOT HS 812 478 (or any successor 
        document).

[[Page 135 STAT. 818]]

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

    (a) <<NOTE: 47 USC 942 note.>>  Next Generation 911.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall implement the 
        recommendations of the Comptroller General of the United States 
        contained in the report entitled ``Next Generation 911: National 
        911 Program Could Strengthen Efforts to Assist States'', 
        numbered GAO-18-252, and dated January 1, 2018, by requiring 
        that the Administrator of the National Highway Traffic Safety 
        Administration, in collaboration with the appropriate Federal 
        agencies, shall determine the roles and responsibilities of the 
        Federal agencies participating in the initiative entitled 
        ``National NG911 Roadmap initiative'' to carry out the national-
        level tasks with respect which each agency has jurisdiction.
            (2) Implementation plan.--The Administrator of the National 
        Highway Traffic Safety Administration shall develop an 
        implementation plan to support the completion of national-level 
        tasks under the National NG911 Roadmap initiative.

    (b) <<NOTE: 23 USC 402 note.>>  Pedestrian and Cyclists Information 
and Enhanced Performance Management.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall implement the 
        recommendations of the Comptroller General of the United States 
        contained in the report entitled ``Pedestrians and Cyclists: 
        Better Information to States and Enhanced Performance Management 
        Could Help DOT Improve Safety'', numbered GAO-21-405, and dated 
        May 20, 2021, by--
                    (A) carrying out measures to collect information 
                relating to the range of countermeasures implemented by 
                States;
                    (B) <<NOTE: Analysis.>>  analyzing that information 
                to help advance knowledge regarding the effectiveness of 
                those countermeasures; and
                    (C) sharing with States any results.
            (2) Performance management practices.--The Administrator of 
        the National Highway Traffic Safety Administration shall use 
        performance management practices to guide pedestrian and cyclist 
        safety activities by--
                    (A) developing performance measures for the 
                Administration and program offices responsible for 
                implementing pedestrian and cyclist safety activities to 
                demonstrate the means by which those activities 
                contribute to safety goals; and
                    (B) using performance information to make any 
                necessary changes to advance pedestrian and cyclist 
                safety efforts.

                       Subtitle B--Vehicle Safety

SEC. 24201. <<NOTE: Time period.>>  AUTHORIZATION OF 
                            APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out chapter 301, and part C of subtitle VI, of title 49, United States 
Code--
            (1) $200,294,333 for fiscal year 2022;
            (2) $204,300,219 for fiscal year 2023;

[[Page 135 STAT. 819]]

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

    (a) Reports on Recall Campaigns.--Section 30118 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(f) Reports on Notification Campaigns.--
            ``(1) In general.--Each manufacturer that is conducting a 
        campaign under subsection (b) or (c) or any other provision of 
        law (including regulations) to notify manufacturers, 
        distributors, owners, purchasers, or dealers of a defect or 
        noncompliance shall submit to the Administrator of the National 
        Highway Traffic Safety Administration--
                    ``(A) by the applicable date described in section 
                573.7(d) of title 49, Code of Federal Regulations (or a 
                successor regulation), a quarterly report describing the 
                campaign for each of 8 consecutive quarters, beginning 
                with the quarter in which the campaign was initiated; 
                and
                    ``(B) <<NOTE: Time periods.>>  an annual report for 
                each of the 3 years beginning after the date of 
                completion of the last quarter for which a quarterly 
                report is submitted under subparagraph (A).
            ``(2) <<NOTE: Compliance.>>  Requirements.--Except as 
        otherwise provided in this subsection, each report under this 
        subsection shall comply with the requirements of section 573.7 
        of title 49, Code of Federal Regulations (or a successor 
        regulation).''.

    (b) Recall Completion Rates.--Section 30120 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(k) Recall Completion Rates.--
            ``(1) <<NOTE: Publication. List.>>  In general.--The 
        Administrator of the National Highway Traffic Safety 
        Administration shall publish an annual list of recall completion 
        rates for each recall campaign for which 8 quarterly reports 
        have been submitted under subsection (f) of section 30118 as of 
        the date of publication of the list.
            ``(2) Requirements.--The annual list under paragraph (1) 
        shall include--
                    ``(A) for each applicable campaign--
                          ``(i) the total number of vehicles subject to 
                      recall; and
                          ``(ii) the percentage of vehicles that have 
                      been remedied; and
                    ``(B) for each manufacturer submitting an applicable 
                quarterly report under section 30118(f)--
                          ``(i) the total number of recalls issued by 
                      the manufacturer during the year covered by the 
                      list;
                          ``(ii) the estimated number of vehicles of the 
                      manufacturer subject to recall during the year 
                      covered by the list; and
                          ``(iii) the percentage of vehicles that have 
                      been remedied.''.
SEC. 24203. RECALL ENGAGEMENT.

    (a) <<NOTE: Deadline.>>  Recall Repair.--Not later than 2 years 
after the date of enactment of this Act, the Comptroller General of the 
United States shall--
            (1) <<NOTE: Study. Determination.>>  conduct a study to 
        determine--

[[Page 135 STAT. 820]]

                    (A) the reasons why vehicle owners do not have 
                repairs performed for vehicles subject to open recalls; 
                and
                    (B) whether engagement by third parties, including 
                State and local governments, insurance companies, or 
                other entities, could increase the rate at which vehicle 
                owners have repairs performed for vehicles subject to 
                open recalls; and
            (2) <<NOTE: Reports. Recommenda- tions.>>  submit to 
        Congress a report describing the results of the study under 
        paragraph (1), including any recommendations for increasing the 
        rate of repair for vehicles subject to open recalls.

    (b) <<NOTE: Deadline.>>  Ridesharing.--Not later than 18 months 
after the date of enactment of this Act, the Comptroller General shall--
            (1) <<NOTE: Study. Determination.>>  conduct a study to 
        determine the number of passenger motor vehicles in each State 
        that--
                    (A) are used by transportation network companies for 
                for-hire purposes, such as ridesharing; and
                    (B) have 1 or more open recalls; and
            (2) <<NOTE: Reports.>>  submit to Congress a report 
        describing the results of the study under paragraph (1).

    (c) NHTSA Study and Report.--Not later than 3 years after the date 
of enactment of this Act, the Administrator of the National Highway 
Traffic Safety Administration shall--
            (1) conduct a study to determine the ways in which vehicle 
        recall notices could--
                    (A) more effectively reach vehicle owners;
                    (B) be made easier for all consumers to understand; 
                and
                    (C) incentivize vehicle owners to complete the 
                repairs described in the recall notices; and
            (2) <<NOTE: Recommenda- tions.>>  submit to Congress a 
        report describing the results of the study under paragraph (1), 
        including any recommendations for--
                    (A) increasing the rate of repair for vehicles 
                subject to open recalls; or
                    (B) any regulatory or statutory legislative changes 
                that would facilitate an increased rate of repair.
SEC. 24204. <<NOTE: Regulations. 49 USC 30111 note.>>  MOTOR 
                            VEHICLE SEAT BACK SAFETY STANDARDS.

    (a) <<NOTE: Deadlines.>>  In General.--Not later than 2 years after 
the date of enactment of this Act, subject to subsection (b), the 
Secretary shall issue an advanced notice of proposed rulemaking to 
update section 571.207 of title 49, Code of Federal Regulations.

    (b) <<NOTE: Determination.>>  Compliance Date.--If the Secretary 
determines that a final rule is appropriate consistent with the 
considerations described in section 30111(b) of title 49, United States 
Code, in issuing a final rule pursuant to subsection (a), the Secretary 
shall establish a date for required compliance with the final rule of 
not later than 2 motor vehicle model years after the model year during 
which the effective date of the final rule occurs.
SEC. 24205. <<NOTE: 49 USC 30111 note.>>  AUTOMATIC SHUTOFF.

    (a) Definitions.--In this section:
            (1) Key.--The term ``key'' has the meaning given the term in 
        section 571.114 of title 49, Code of Federal Regulations (or a 
        successor regulation).

[[Page 135 STAT. 821]]

            (2) Manufacturer.--The term ``manufacturer'' has the meaning 
        given the term in section 30102(a) of title 49, United States 
        Code.
            (3) Motor vehicle.--
                    (A) In general.--The term ``motor vehicle'' has the 
                meaning given the term in section 30102(a) of title 49, 
                United States Code.
                    (B) Exclusions.--The term ``motor vehicle'' does not 
                include--
                          (i) a motorcycle or trailer (as those terms 
                      are defined in section 571.3 of title 49, Code of 
                      Federal Regulations (or a successor regulation));
                          (ii) any motor vehicle with a gross vehicle 
                      weight rating of more than 10,000 pounds;
                          (iii) a battery electric vehicle; or
                          (iv) a motor vehicle that requires extended 
                      periods with the engine in idle to operate in 
                      service mode or to operate equipment, such as an 
                      emergency vehicle (including a police vehicle, an 
                      ambulance, or a tow vehicle) and a commercial-use 
                      vehicle (including a refrigeration vehicle).

    (b) Automatic Shutoff Systems for Motor Vehicles.--
            (1) Final rule.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                2 years after the date of enactment of this Act, the 
                Secretary shall issue a final rule amending section 
                571.114 of title 49, Code of Federal Regulations, to 
                require manufacturers to install in each motor vehicle 
                that is equipped with a keyless ignition device and an 
                internal combustion engine a device or system to 
                automatically shutoff the motor vehicle after the motor 
                vehicle has idled for the period described in 
                subparagraph (B).
                    (B) Description of period.--
                          (i) In general.--The period referred to in 
                      subparagraph (A) is the period designated by the 
                      Secretary as necessary to prevent, to the maximum 
                      extent practicable, carbon monoxide poisoning.
                          (ii) Different periods.--The Secretary may 
                      designate different periods under clause (i) for 
                      different types of motor vehicles, depending on 
                      the rate at which the motor vehicle emits carbon 
                      monoxide, if--
                                    (I) <<NOTE: Determination.>>  the 
                                Secretary determines a different period 
                                is necessary for a type of motor vehicle 
                                for purposes of section 30111 of title 
                                49, United States Code; and
                                    (II) requiring a different period 
                                for a type of motor vehicle is 
                                consistent with the prevention of carbon 
                                monoxide poisoning.
            (2) <<NOTE: Effective date.>>  Deadline.--Unless the 
        Secretary finds good cause to phase-in or delay implementation, 
        the rule issued pursuant to paragraph (1) shall take effect on 
        September 1 of the first calendar year beginning after the date 
        on which the Secretary issues the rule.

    (c) Preventing Motor Vehicles From Rolling Away.--
            (1) <<NOTE: Study. Evaluation.>>  Requirement.--The 
        Secretary shall conduct a study of the regulations contained in 
        part 571 of title 49, Code of Federal Regulations, to evaluate 
        the potential consequences

[[Page 135 STAT. 822]]

        and benefits of the installation by manufacturers of technology 
        to prevent movement of motor vehicles equipped with keyless 
        ignition devices and automatic transmissions when--
                    (A) the transmission of the motor vehicle is not in 
                the park setting;
                    (B) the motor vehicle does not exceed the speed 
                determined by the Secretary under paragraph (2);
                    (C) the seat belt of the operator of the motor 
                vehicle is unbuckled;
                    (D) the service brake of the motor vehicle is not 
                engaged; and
                    (E) the door for the operator of the motor vehicle 
                is open.
            (2) <<NOTE: Recommenda- tions.>>  Review and report.--The 
        Secretary shall--
                    (A) provide a recommended maximum speed at which a 
                motor vehicle may be safely locked in place under the 
                conditions described in subparagraphs (A), (C), (D), and 
                (E) of paragraph (1) to prevent vehicle rollaways; and
                    (B) not later than 1 year after the date of 
                completion of the study under paragraph (1), submit to 
                the Committee on Commerce, Science, and Transportation 
                of the Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a 
                report--
                          (i) describing the findings of the study; and
                          (ii) providing additional recommendations, if 
                      any.
SEC. 24206. PETITIONS BY INTERESTED PERSONS FOR STANDARDS AND 
                            ENFORCEMENT.

    Section 30162 of title 49, United States Code, is amended--
            (1) in subsection (b), by striking ``The petition'' and 
        inserting ``A petition under this section'';
            (2) in subsection (c), by striking ``the petition'' and 
        inserting ``a petition under this section''; and
            (3) in subsection (d)--
                    (A) in the third sentence, by striking ``If a 
                petition'' and inserting the following:
            ``(3) Denial.--If a petition under this section'';
                    (B) in the second sentence , by striking ``If a 
                petition is granted'' and inserting the following:
            ``(2) Approval.--If a petition under this section is 
        approved''; and
                    (C) in the first sentence, by striking ``The 
                Secretary shall grant or deny a petition'' and inserting 
                the following:
            ``(1) <<NOTE: Determination.>>  In general.--The Secretary 
        shall determine whether to approve or deny a petition under this 
        section by''.
SEC. 24207. CHILD SAFETY SEAT ACCESSIBILITY STUDY.

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

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

[[Page 135 STAT. 823]]

            (2) <<NOTE: Plan.>>  develop a plan for addressing any needs 
        identified in the study, including by working with social 
        service providers.
SEC. 24208. CRASH AVOIDANCE TECHNOLOGY.

    (a) In General.--Subchapter II of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30129. <<NOTE: 49 USC 30129.>>  Crash avoidance technology

    ``(a) <<NOTE: Regulations.>>  In General.--The Secretary of 
Transportation shall promulgate a rule--
            ``(1) to establish minimum performance standards with 
        respect to crash avoidance technology; and
            ``(2) <<NOTE: Requirement.>>  to require that all passenger 
        motor vehicles manufactured for sale in the United States on or 
        after the compliance date described in subsection (b) shall be 
        equipped with--
                    ``(A) a forward collision warning and automatic 
                emergency braking system that--
                          ``(i) alerts the driver if--
                                    ``(I) the distance to a vehicle 
                                ahead or an object in the path of travel 
                                ahead is closing too quickly; and
                                    ``(II) a collision is imminent; and
                          ``(ii) automatically applies the brakes if the 
                      driver fails to do so; and
                    ``(B) a lane departure warning and lane-keeping 
                assist system that--
                          ``(i) warns the driver to maintain the lane of 
                      travel; and
                          ``(ii) corrects the course of travel if the 
                      driver fails to do so.

    ``(b) <<NOTE: Determination.>>  Compliance Date.--The Secretary of 
Transportation shall determine the appropriate effective date, and any 
phasing-in of requirements, of the final rule promulgated pursuant to 
subsection (a).''.

    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
301 of title 49, United States Code, <<NOTE: 49 USC 30101 prec.>>  is 
amended by adding at the end the following:

``30129. Crash avoidance technology.''.

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

    (a) <<NOTE: Deadline. Research and development.>>  In General.--Not 
later than 3 years after the date of enactment of this Act, the 
Secretary shall conduct research regarding the installation and use on 
motor vehicles of driver monitoring systems to minimize or eliminate--
            (1) driver distraction;
            (2) driver disengagement;
            (3) automation complacency by drivers; and
            (4) foreseeable misuse of advanced driver-assist systems.

    (b) Report.--Not later than 180 days after the date of completion of 
the research under subsection (a), the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of Representatives a 
detailed report describing the findings of the research.
    (c) <<NOTE: Determinations.>>  Rulemaking.--
            (1) In general.--If, based on the research completed under 
        subsection (a), the Secretary determines that--

[[Page 135 STAT. 824]]

                    (A) <<NOTE: Deadline.>>  1 or more rulemakings are 
                necessary to ensure safety, in accordance with the 
                section 30111 of title 49, United States Code, the 
                Secretary shall initiate the rulemakings by not later 
                than 2 years after the date of submission of the report 
                under subsection (b); and
                    (B) an additional rulemaking is not necessary, or an 
                additional rulemaking cannot meet the applicable 
                requirements and considerations described in subsections 
                (a) and (b) of section 30111 of title 49, United States 
                Code, the Secretary shall submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Energy and Commerce of the House of 
                Representatives a report describing the reasons for not 
                prescribing additional Federal motor vehicle safety 
                standards regarding the research conducted under 
                subsection (a).
            (2) Privacy.--A rule issued pursuant to paragraph (1) shall 
        incorporate appropriate privacy and data security safeguards, as 
        determined by the Secretary.
SEC. 24210. <<NOTE: 49 USC 308 note.>>  RULEMAKING REPORT.

    (a) Definition of Covered Rulemaking.--In this section, the term 
``covered rulemaking'' means a regulation or rulemaking that--
            (1) has not been finalized by the date on which the relevant 
        notification is submitted under subsection (b); and
            (2) relates to--
                    (A) section 30120A of title 49, United States Code;
                    (B) section 30166(o) of title 49, United States 
                Code;
                    (C) section 30172 of title 49, United States Code;
                    (D) section 32302(c) of title 49, United States 
                Code;
                    (E) a defect reporting requirement under section 
                32302(d) of title 49, United States Code;
                    (F) subsections (b) and (c) of section 32304A of 
                title 49, United States Code;
                    (G) the tire pressure monitoring standards required 
                under section 24115 of the FAST Act (49 U.S.C. 30123 
                note; Public Law 114-94);
                    (H) the amendment made by section 24402 of the FAST 
                Act (129 Stat. 1720; Public Law 114-94) to section 
                30120(g)(1) of title 49, United States Code;
                    (I) the records retention rule required under 
                section 24403 of the FAST Act (49 U.S.C. 30117 note; 
                Public Law 114-94);
                    (J) the amendments made by section 24405 of the FAST 
                Act (Public Law 114-94; 129 Stat. 1721) to section 30114 
                of title 49, United States Code;
                    (K) a defect and noncompliance notification required 
                under--
                          (i) section 24104 of the FAST Act (49 U.S.C. 
                      30119 note; Public Law 114-94); or
                          (ii) section 31301 of MAP-21 (49 U.S.C. 30166 
                      note; Public Law 112-141);
                    (L) a side impact or frontal impact test procedure 
                for child restraint systems under section 31501 of MAP-
                21 (49 U.S.C. 30127 note; Public Law 112-141);
                    (M) an upgrade to child restraint anchorage system 
                usability requirements required under section 31502 of 
                MAP-21 (49 U.S.C. 30127 note; Public Law 112-141);

[[Page 135 STAT. 825]]

                    (N) the rear seat belt reminder system required 
                under section 31503 of MAP-21 (49 U.S.C. 30127 note; 
                Public Law 112-141);
                    (O) a motorcoach rulemaking required under section 
                32703 of MAP-21 (49 U.S.C. 31136 note; Public Law 112-
                141); or
                    (P) any rulemaking required under this Act.

    (b) <<NOTE: Deadline.>>  Notification.--Not later than 180 days 
after the date of enactment of this Act, and not less frequently than 
biannually thereafter until the applicable covered rulemaking is 
complete, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a written notification that 
includes, with respect to each covered rulemaking--
            (1) for a covered rulemaking with a statutory deadline for 
        completion--
                    (A) an explanation of why the deadline was not met; 
                and
                    (B) an expected date of completion of the covered 
                rulemaking; and
            (2) for a covered rulemaking without a statutory deadline 
        for completion, an expected date of completion of the covered 
        rulemaking.

    (c) Additional Contents.--A notification under subsection (b) shall 
include, for each applicable covered rulemaking--
            (1) an updated timeline;
            (2) <<NOTE: List.>>  a list of factors causing delays in the 
        completion of the covered rulemaking; and
            (3) any other details associated with the status of the 
        covered rulemaking.
SEC. <<NOTE: 49 USC 30101 note.>>  24211. GLOBAL HARMONIZATION.

    The Secretary shall cooperate, to the maximum extent practicable, 
with foreign governments, nongovernmental stakeholder groups, the motor 
vehicle industry, and consumer groups with respect to global 
harmonization of vehicle regulations as a means for improving motor 
vehicle safety.
SEC. 24212. <<NOTE: 49 USC 30111 note.>>  HEADLAMPS.

    (a) Definitions.--In this section:
            (1) Adaptive driving beam headlamp.--The term ``adaptive 
        driving beam headlamp'' means a headlamp (as defined in Standard 
        108) that meets the performance requirements specified in SAE 
        International Standard J3069, published on June 30, 2016.
            (2) Standard 108.--The term ``Standard 108'' means Federal 
        Motor Vehicle Safety Standard Number 108, contained in section 
        571.108 of title 49, Code of Federal Regulations (as in effect 
        on the date of enactment of this Act).

    (b) <<NOTE: Deadline.>>  Rulemaking.--Not later than 2 years after 
the date of enactment of this Act, the Secretary shall issue a final 
rule amending Standard 108--
            (1) to include performance-based standards for vehicle 
        headlamp systems--
                    (A) to ensure that headlights are correctly aimed on 
                the road; and

[[Page 135 STAT. 826]]

                    (B) requiring those systems to be tested on-vehicle 
                to account for headlight height and lighting 
                performance; and
            (2) to allow for the use on vehicles of adaptive driving 
        beam headlamp systems.

    (c) Periodic Review.--Nothing in this section precludes the 
Secretary from--
            (1) reviewing Standard 108, as amended pursuant to 
        subsection (b); and
            (2) revising Standard 108 to reflect an updated version of 
        SAE International Standard J3069, as the Secretary determines to 
        be--
                    (A) appropriate; and
                    (B) in accordance with section 30111 of title 49, 
                United States Code.
SEC. 24213. NEW CAR ASSESSMENT PROGRAM.

    (a) <<NOTE: Deadline. 49 USC 32302 note.>>  Updates.--Not later than 
1 year after the date of enactment of this Act, the Secretary shall 
finalize the proceeding for which comments were requested in the notice 
entitled ``New Car Assessment Program'' (80 Fed. Reg. 78522 (December 
16, 2015)) to update the passenger motor vehicle information required 
under section 32302(a) of title 49, United States Code.

    (b) Information Program.--Section 32302 of title 49, United States 
Code, is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by inserting ``(referred to in this section as the 
        `Secretary')'' after ``of Transportation''; and
            (2) by adding at the end the following:

    ``(e) Advanced Crash-avoidance Technologies.--
            ``(1) <<NOTE: Deadline. Publication. Public comment.>>  
        Notice.--Not later than 1 year after the date of enactment of 
        this subsection, the Secretary shall publish a notice, for 
        purposes of public review and comment, to establish, distinct 
        from crashworthiness information, a means for providing to 
        consumers information relating to advanced crash-avoidance 
        technologies, in accordance with subsection (a).
            ``(2) <<NOTE: Determinations.>>  Inclusions.--The notice 
        under paragraph (1) shall include--
                    ``(A) an appropriate methodology for--
                          ``(i) determining which advanced crash-
                      avoidance technologies shall be included in the 
                      information;
                          ``(ii) developing performance test criteria 
                      for use by manufacturers in evaluating advanced 
                      crash-avoidance technologies;
                          ``(iii) determining a distinct rating 
                      involving each advanced crash-avoidance technology 
                      to be included; and
                          ``(iv) <<NOTE: Updates.>>  updating overall 
                      vehicle ratings to incorporate advanced crash-
                      avoidance technology ratings; and
                    ``(B) <<NOTE: Analyses.>>  such other information 
                and analyses as the Secretary determines to be necessary 
                to implement the rating of advanced crash-avoidance 
                technologies.
            ``(3) Report.--Not later than 18 months after the date of 
        enactment of this subsection, the Secretary shall submit to the 
        Committee on Commerce, Science, and Transportation of the Senate 
        and the Committee on Energy and Commerce of the House of 
        Representatives a report that describes a plan

[[Page 135 STAT. 827]]

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

    ``(f) Vulnerable Road User Safety.--
            ``(1) <<NOTE: Deadline. Publication. Public comment.>>  
        Notice.--Not later than 1 year after the date of enactment of 
        this subsection, the Secretary shall publish a notice, for 
        purposes of public review and comment, to establish a means for 
        providing to consumers information relating to pedestrian, 
        bicyclist, or other vulnerable road user safety technologies, in 
        accordance with subsection (a).
            ``(2) <<NOTE: Determinations.>>  Inclusions.--The notice 
        under paragraph (1) shall include--
                    ``(A) an appropriate methodology for--
                          ``(i) determining which technologies shall be 
                      included in the information;
                          ``(ii) developing performance test criteria 
                      for use by manufacturers in evaluating the extent 
                      to which automated pedestrian safety systems in 
                      light vehicles attempt to prevent and mitigate, to 
                      the best extent possible, pedestrian injury;
                          ``(iii) determining a distinct rating 
                      involving each technology to be included; and
                          ``(iv) <<NOTE: Updates.>>  updating overall 
                      vehicle ratings to incorporate vulnerable road 
                      user safety technology ratings; and
                    ``(B) <<NOTE: Analyses.>>  such other information 
                and analyses as the Secretary determines to be necessary 
                to implement the rating of vulnerable road user safety 
                technologies.
            ``(3) Report.--Not later than 18 months after the date of 
        enactment of this subsection, the Secretary shall submit to the 
        Committee on Commerce, Science, and Transportation of the Senate 
        and the Committee on Energy and Commerce of the House of 
        Representatives a report that describes a plan for implementing 
        an information and rating system for vulnerable road user safety 
        technologies, in accordance with subsection (a).''.

    (c) Roadmap.--
            (1) In general.--Chapter 323 of title 49, United States 
        Code, is amended by adding at the end the following:
``Sec. 32310. <<NOTE: 49 USC 32310.>>  New Car Assessment Program 
                    roadmap

    ``(a) <<NOTE: Deadlines.>>  Establishment.--Not later than 1 year 
after the date of enactment of this section, and not less frequently 
than once every 4 years thereafter, the Secretary of Transportation 
(referred to in this section as the `Secretary') shall establish a 
roadmap for the implementation of the New Car Assessment Program of the 
National Highway Traffic Safety Administration.

    ``(b) Requirements.--A roadmap under subsection (a) shall--
            ``(1) <<NOTE: Time periods.>>  cover a term of 10 years, 
        consisting of--
                    ``(A) a mid-term component covering the initial 5 
                years of the term; and
                    ``(B) a long-term component covering the final 5 
                years of the term; and
            ``(2) be in accordance with--
                    ``(A) section 306 of title 5;
                    ``(B) section 1115 of title 31;
                    ``(C) section 24401 of the FAST Act (49 U.S.C. 105 
                note; Public Law 114-94); and

[[Page 135 STAT. 828]]

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

    ``(c) Contents.--A roadmap under subsection (a) shall include--
            ``(1) <<NOTE: Plan.>>  a plan for any changes to the New Car 
        Assessment Program of the National Highway Traffic Safety 
        Administration, including--
                    ``(A) descriptions of actions to be carried out to 
                update the passenger motor vehicle information developed 
                under section 32302(a), including the development of 
                test procedures, test devices, test fixtures, and safety 
                performance metrics, which shall, as applicable, 
                incorporate--
                          ``(i) objective criteria for evaluating safety 
                      technologies; and
                          ``(ii) reasonable time periods for compliance 
                      with new or updated tests;
                    ``(B) key milestones, including the anticipated 
                start of an action, completion of an action, and 
                effective date of an update; and
                    ``(C) descriptions of the means by which an update 
                will improve the passenger motor vehicle information 
                developed under section 32302(a);
            ``(2) an identification and prioritization of safety 
        opportunities and technologies--
                    ``(A) with respect to the mid-term component of the 
                roadmap under subsection (b)(1)(A)--
                          ``(i) that are practicable; and
                          ``(ii) for which objective rating tests, 
                      evaluation criteria, and other consumer data exist 
                      for a market-based, consumer information approach; 
                      and
                    ``(B) with respect to the long-term component of the 
                roadmap under subsection (b)(1)(B), exist or are in 
                development;
            ``(3) an identification of--
                    ``(A) any safety opportunity or technology that--
                          ``(i) is identified through the activities 
                      carried out pursuant to subsection (d) or (e); and
                          ``(ii) is not included in the roadmap under 
                      paragraph (2);
                    ``(B) the reasons why such a safety opportunity or 
                technology is not included in the roadmap; and
                    ``(C) any developments or information that would be 
                necessary for the Secretary to consider including such a 
                safety opportunity or technology in a future roadmap; 
                and
            ``(4) consideration of the benefits of consistency with 
        other rating systems used--
                    ``(A) within the United States; and
                    ``(B) internationally.

    ``(d) <<NOTE: Public comments.>>  Considerations.--Before finalizing 
a roadmap under this section, the Secretary shall--
            ``(1) make the roadmap available for public comment;
            ``(2) <<NOTE: Review.>>  review any public comments received 
        under paragraph (1); and
            ``(3) incorporate in the roadmap under this section those 
        comments, as the Secretary determines to be appropriate.

    ``(e) Stakeholder Engagement.--Not less frequently than annually, 
the Secretary shall engage stakeholders that represent a diversity of 
technical backgrounds and viewpoints--

[[Page 135 STAT. 829]]

            ``(1) to identify--
                    ``(A) safety opportunities or technologies in 
                development that could be included in future roadmaps; 
                and
                    ``(B) opportunities to benefit from collaboration or 
                harmonization with third-party safety rating programs;
            ``(2) to assist with long-term planning;
            ``(3) to provide an interim update of the status and 
        development of the following roadmap to be established under 
        subsection (a); and
            ``(4) to collect feedback or other information that the 
        Secretary determines to be relevant to enhancing the New Car 
        Assessment Program of the National Highway Traffic Safety 
        Administration.''.
            (2) Clerical amendment.--The analysis for chapter 323 of 
        title 49, United States Code, <<NOTE: 49 USC 32301 prec.>>  is 
        amended by adding at the end the following:

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

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

    (a) <<NOTE: Deadline. Public comment.>>  Notice.--Not later than 2 
years after the date of enactment of this Act, the Secretary shall issue 
a notice, for purposes of public review and comment, regarding potential 
updates to hood and bumper standards for motor vehicles (as defined in 
section 30102(a) of title 49, United States Code).

    (b) Inclusions.--The notice under subsection (a) shall include 
information relating to--
            (1) the incorporation or consideration of advanced crash-
        avoidance technology in existing motor vehicle standards;
            (2) the incorporation or consideration of standards or 
        technologies to reduce the number of injuries and fatalities 
        suffered by pedestrians, bicyclists, or other vulnerable road 
        users;
            (3) the development of performance test criteria for use by 
        manufacturers in evaluating advanced crash-avoidance technology, 
        including technology relating to vulnerable road user safety;
            (4) potential harmonization with global standards, including 
        United Nations Economic Commission for Europe Regulation Number 
        42; and
            (5) such other information and analyses as the Secretary 
        determines to be necessary.

    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report that describes--
            (1) the current status of hood and bumper standards;
            (2) relevant advanced crash-avoidance technology;
            (3) actions needed to be carried out to develop performance 
        test criteria; and
            (4) if applicable, a plan for incorporating advanced crash-
        avoidance technology, including technology relating to 
        vulnerable road user safety, in existing standards.
SEC. 24215. EMERGENCY MEDICAL SERVICES AND 9-1-1.

    Section 158(a) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 942(a)) is amended by 
striking paragraph (4).

[[Page 135 STAT. 830]]

SEC. 24216. EARLY WARNING REPORTING.

    (a) In General.--Section 30166(m)(3) of title 49, United States 
Code, is amended by adding at the end the following:
                    ``(D) Settlements.--Notwithstanding any order 
                entered in a civil action restricting the disclosure of 
                information, a manufacturer of a motor vehicle or motor 
                vehicle equipment shall comply with the requirements of 
                this subsection and any regulations promulgated pursuant 
                to this subsection.''.

    (b) Study and Report.--Not later than 18 months after the date of 
enactment of this Act, the Administrator of the National Highway Traffic 
Safety Administration shall--
            (1) conduct a study--
                    (A) <<NOTE: Evaluation.>>  to evaluate the early 
                warning reporting data submitted under section 30166(m) 
                of title 49, United States Code (including regulations); 
                and
                    (B) to identify improvements, if any, that would 
                enhance the use by the National Highway Traffic 
                Administration of early warning reporting data to 
                enhance safety; and
            (2) <<NOTE: Recommenda- tions.>>  submit to the Committee on 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a report describing the results of the study 
        under paragraph (1), including any recommendations for 
        regulatory or legislative action.
SEC. 24217. <<NOTE: 49 USC 32302 note.>>  IMPROVED VEHICLE SAFETY 
                            DATABASES.

    Not <<NOTE: Deadline. Consultation. Public information.>>  later 
than 3 years after the date of enactment of this Act, after consultation 
with frequent users of publicly available databases, the Secretary shall 
improve public accessibility to information relating to the publicly 
accessible vehicle safety databases of the National Highway Traffic 
Safety Administration by revising the publicly accessible vehicle safety 
databases--
            (1) to improve organization and functionality, including 
        design features such as drop-down menus;
            (2) to allow data from applicable publicly accessible 
        vehicle safety databases to be searched, sorted, aggregated, and 
        downloaded in a manner that--
                    (A) is consistent with the public interest; and
                    (B) facilitates easy use by consumers;
            (3) to provide greater consistency in presentation of 
        vehicle safety issues;
            (4) to improve searchability regarding specific vehicles and 
        issues, which may include the standardization of commonly used 
        search terms; and
            (5) to ensure nonconfidential documents and materials 
        relating to information created or obtained by the National 
        Highway Traffic Safety Administration are made publicly 
        available in a manner that is--
                    (A) timely; and
                    (B) searchable in databases by any element that the 
                Secretary determines to be in the public interest.

[[Page 135 STAT. 831]]

SEC. 24218. NATIONAL DRIVER REGISTER ADVISORY COMMITTEE REPEAL.

    (a) In General.--Section 30306 of title 49, United States Code, is 
repealed.
    (b) Clerical Amendment.--The analysis for chapter 303 of title 49, 
United States Code, <<NOTE: 49 USC 30301 prec.>>  is amended by striking 
the item relating to section 30306.
SEC. 24219. <<NOTE: Deadlines. 23 USC 503 note.>>  RESEARCH ON 
                            CONNECTED VEHICLE TECHNOLOGY.

    The Administrator of the National Highway Traffic Safety 
Administration, in collaboration with the head of the Intelligent 
Transportation Systems Joint Program Office and the Administrator of the 
Federal Highway Administration, shall--
            (1) not later than 180 days after the date of enactment of 
        this Act, expand vehicle-to-pedestrian research efforts focused 
        on incorporating bicyclists and other vulnerable road users into 
        the safe deployment of connected vehicle systems; and
            (2) <<NOTE: Public information. Analysis.>>  not later than 
        2 years after the date of enactment of this Act, submit to 
        Congress and make publicly available a report describing the 
        findings of the research efforts described in paragraph (1), 
        including an analysis of the extent to which applications 
        supporting vulnerable road users can be accommodated within 
        existing spectrum allocations for connected vehicle systems.
SEC. 24220. <<NOTE: 49 USC 30111 note.>>  ADVANCED IMPAIRED 
                            DRIVING TECHNOLOGY.

    (a) Findings.--Congress finds that--
            (1) alcohol-impaired driving fatalities represent 
        approximately \1/3\ of all highway fatalities in the United 
        States each year;
            (2) in 2019, there were 10,142 alcohol-impaired driving 
        fatalities in the United States involving drivers with a blood 
        alcohol concentration level of .08 or higher, and 68 percent of 
        the crashes that resulted in those fatalities involved a driver 
        with a blood alcohol concentration level of .15 or higher;
            (3) the estimated economic cost for alcohol-impaired driving 
        in 2010 was $44,000,000,000;
            (4) according to the Insurance Institute for Highway Safety, 
        advanced drunk and impaired driving prevention technology can 
        prevent more than 9,400 alcohol-impaired driving fatalities 
        annually; and
            (5) to ensure the prevention of alcohol-impaired driving 
        fatalities, advanced drunk and impaired driving prevention 
        technology must be standard equipment in all new passenger motor 
        vehicles.

    (b) Definitions.--In this section:
            (1) Advanced drunk and impaired driving prevention 
        technology.--The term ``advanced drunk and impaired driving 
        prevention technology'' means a system that--
                    (A) can--
                          (i) passively monitor the performance of a 
                      driver of a motor vehicle to accurately identify 
                      whether that driver may be impaired; and
                          (ii) prevent or limit motor vehicle operation 
                      if an impairment is detected;
                    (B) can--

[[Page 135 STAT. 832]]

                          (i) passively and accurately detect whether 
                      the blood alcohol concentration of a driver of a 
                      motor vehicle is equal to or greater than the 
                      blood alcohol concentration described in section 
                      163(a) of title 23, United States Code; and
                          (ii) prevent or limit motor vehicle operation 
                      if a blood alcohol concentration above the legal 
                      limit is detected; or
                    (C) is a combination of systems described in 
                subparagraphs (A) and (B).
            (2) New.--The term ``new'', with respect to a passenger 
        motor vehicle, means that the passenger motor vehicle--
                    (A) is a new vehicle (as defined in section 37.3 of 
                title 49, Code of Federal Regulations (or a successor 
                regulation)); and
                    (B) has not been purchased for purposes other than 
                resale.
            (3) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' has the meaning given the term in section 32101 of 
        title 49, United States Code.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation, acting through the Administrator of the 
        National Highway Traffic Safety Administration.

    (c) Advanced Drunk and Impaired Driving Prevention Technology Safety 
Standard.-- <<NOTE: Deadline.>> Subject to subsection (e) and not later 
than 3 years after the date of enactment of this Act, the Secretary 
shall issue a final rule prescribing a Federal motor vehicle safety 
standard under section 30111 of title 49, United States Code, that 
requires passenger motor vehicles manufactured after the effective date 
of that standard to be equipped with advanced drunk and impaired driving 
prevention technology.

    (d) <<NOTE: Compliance. Time period.>>  Requirement.--To allow 
sufficient time for manufacturer compliance, the compliance date of the 
rule issued under subsection (c) shall be not earlier than 2 years and 
not more than 3 years after the date on which that rule is issued.

    (e) <<NOTE: Determinations.>>  Timing.--If the Secretary determines 
that the Federal motor vehicle safety standard required under subsection 
(c) cannot meet the requirements and considerations described in 
subsections (a) and (b) of section 30111 of title 49, United States 
Code, by the applicable date, the Secretary--
            (1) <<NOTE: Extension. Deadline.>>  may extend the time 
        period to such date as the Secretary determines to be necessary, 
        but not later than the date that is 3 years after the date 
        described in subsection (c);
            (2) <<NOTE: Reports.>>  shall, not later than the date 
        described in subsection (c) and not less frequently than 
        annually thereafter until the date on which the rule under that 
        subsection is issued, submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives a report 
        describing, as of the date of submission of the report--
                    (A) the reasons for not prescribing a Federal motor 
                vehicle safety standard under section 30111 of title 49, 
                United States Code, that requires advanced drunk and 
                impaired driving prevention technology in all new 
                passenger motor vehicles;
                    (B) the deployment of advanced drunk and impaired 
                driving prevention technology in vehicles;

[[Page 135 STAT. 833]]

                    (C) any information relating to the ability of 
                vehicle manufacturers to include advanced drunk and 
                impaired driving prevention technology in new passenger 
                motor vehicles; and
                    (D) <<NOTE: Timeline.>>  an anticipated timeline for 
                prescribing the Federal motor vehicle safety standard 
                described in subsection (c); and
            (3) <<NOTE: Deadline. Reports.>>  if the Federal motor 
        vehicle safety standard required by subsection (c) has not been 
        finalized by the date that is 10 years after the date of 
        enactment of this Act, shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of Representative 
        a report describing--
                    (A) the reasons why the Federal motor vehicle safety 
                standard has not been finalized;
                    (B) the barriers to finalizing the Federal motor 
                vehicle safety standard; and
                    (C) <<NOTE: Recommenda- tions.>>  recommendations to 
                Congress to facilitate the Federal motor vehicle safety 
                standard.
SEC. 24221. GAO REPORT ON CRASH DUMMIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall conduct 
a study and submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce of 
the House of Representatives a report that--
            (1) <<NOTE: Examination.>>  examines--
                    (A) the processes used by the National Highway 
                Traffic Safety Administration (referred to in this 
                section as the ``Administration'') for studying and 
                deploying crash test dummies;
                    (B)(i) the types of crash test dummies used by the 
                Administration as of the date of enactment of this Act;
                    (ii) the seating positions in which those crash test 
                dummies are tested; and
                    (iii) whether the seating position affects 
                disparities in motor vehicle safety outcomes based on 
                demographic characteristics, including sex, and, if so, 
                how the seating position affects those disparities;
                    (C) the biofidelic crash test dummies that are 
                available in the global and domestic marketplace that 
                reflect the physical and demographic characteristics of 
                the driving public in the United States, including--
                          (i) females;
                          (ii) the elderly;
                          (iii) young adults;
                          (iv) children; and
                          (v) individuals of differing body weights;
                    (D) how the Administration determines whether to 
                study and deploy new biofidelic crash test dummies, 
                including the biofidelic crash test dummies examined 
                under subparagraph (C), and the timelines by which the 
                Administration conducts the work of making those 
                determinations and studying and deploying new biofidelic 
                crash test dummies;

[[Page 135 STAT. 834]]

                    (E) challenges the Administration faces in studying 
                and deploying new crash test dummies; and
                    (F) how the practices of the Administration with 
                respect to crash test dummies compare to other programs 
                that test vehicles and report results to the public, 
                including the European New Car Assessment Programme;
            (2) <<NOTE: Evaluation.>>  evaluates potential improvements 
        to the processes described in paragraph (1) that could reduce 
        disparities in motor vehicle safety outcomes based on 
        demographic characteristics, including sex;
            (3) <<NOTE: Analyses.>>  analyzes the potential use of 
        computer simulation techniques, as a supplement to physical 
        crash tests, to conduct virtual simulations of vehicle crash 
        tests in order to evaluate predicted motor vehicle safety 
        outcomes based on the different physical and demographic 
        characteristics of motor vehicle occupants; and
            (4) <<NOTE: Assessments. Recommenda- tions.>>  includes, as 
        applicable, any assessments or recommendations relating to crash 
        test dummies that are relevant to reducing disparities in motor 
        vehicle safety outcomes based on demographic characteristics, 
        including sex.

    (b) Interim Report From the Administration.--Not later than 90 days 
after the date of enactment of this Act, the Administrator of the 
Administration shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce of 
the House of Representatives a report that--
            (1) identifies--
                    (A) the types of crash test dummies used by the 
                Administration as of the date of enactment of this Act 
                with respect to--
                          (i) the New Car Assessment Program of the 
                      Administration; and
                          (ii) testing relating to Federal Motor Vehicle 
                      Safety Standards;
                    (B) how each type of crash test dummy identified 
                under subparagraph (A) is tested with respect to seating 
                position; and
                    (C) any crash test dummies that the Administration 
                is actively evaluating for future use--
                          (i) in the New Car Assessment Program of the 
                      Administration; or
                          (ii) for testing relating to Federal Motor 
                      Vehicle Safety Standards;
            (2) explains--
                    (A) the plans of the Administration, including the 
                expected timelines, for putting any crash test dummies 
                identified under paragraph (1)(C) to use as described in 
                that paragraph;
                    (B) any challenges to putting those crash test 
                dummies to use; and
                    (C) the potential use of computer simulation 
                techniques, as a supplement to physical crash tests, to 
                conduct virtual simulations of vehicle crash tests in 
                order to evaluate predicted motor vehicle safety 
                outcomes based on the different physical and demographic 
                characteristics of motor vehicle occupants; and

[[Page 135 STAT. 835]]

            (3) <<NOTE: Recommenda- tions.>>  provides policy 
        recommendations for reducing disparities in motor vehicle safety 
        testing and outcomes based on demographic characteristics, 
        including sex.
SEC. 24222. CHILD SAFETY.

    (a) Amendment.--
            (1) In general.--Chapter 323 of title 49, United States 
        Code, is amended by adding after section 32304A the following:
``Sec. 32304B. <<NOTE: 49 USC 32304B.>>  Child safety

    ``(a) Definitions.--In this section:
            ``(1) Passenger motor vehicle.--The term `passenger motor 
        vehicle' has the meaning given that term in section 32101.
            ``(2) Rear-designated seating position.--The term `rear-
        designated seating position' means designated seating positions 
        that are rearward of the front seat.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.

    ``(b) <<NOTE: Deadline.>>  Rulemaking.--Not later than 2 years after 
the date of enactment of this section, the Secretary shall issue a final 
rule requiring all new passenger motor vehicles weighing less than 
10,000 pounds gross vehicle weight to be equipped with a system to alert 
the operator to check rear-designated seating positions after the 
vehicle engine or motor is deactivated by the operator.

    ``(c) Means.--The alert required under subsection (b)--
            ``(1) shall include a distinct auditory and visual alert, 
        which may be combined with a haptic alert; and
            ``(2) shall be activated when the vehicle motor is 
        deactivated by the operator.

    ``(d) <<NOTE: Effective date.>>  Phase-in.--The rule issued pursuant 
to subsection (b) shall require full compliance with the rule beginning 
on September 1st of the first calendar year that begins 2 years after 
the date on which the final rule is issued.''.
            (2) Clerical amendment.--The analysis for chapter 323 of 
        title 49, United States Code, <<NOTE: 49 USC 32301 prec.>>  is 
        amended by inserting after the item relating to section 32304A 
        the following:

``32304B. Child safety.''.

    (b) Awareness of Children in Motor Vehicles.--Section 402 of title 
23, United States Code (as amended by section 24102(a)(9)), is amended 
by adding at the end the following:
    ``(o) Unattended Passengers.--
            ``(1) In general.--Each State shall use a portion of the 
        amounts received by the State under this section to carry out a 
        program to educate the public regarding the risks of leaving a 
        child or unattended passenger in a vehicle after the vehicle 
        motor is deactivated by the operator.
            ``(2) Program placement.--Nothing in this subsection 
        requires a State to carry out a program described in paragraph 
        (1) through the State transportation or highway safety 
        office.''.

    (c) Study and Report.--
            (1) Study.--
                    (A) In general.--The Secretary shall conduct a study 
                on--
                          (i) the potential retrofitting of existing 
                      passenger motor vehicles with 1 or more 
                      technologies that may address the problem of 
                      children left in rear-designated

[[Page 135 STAT. 836]]

                      seating positions of motor vehicles after 
                      deactivation of the motor vehicles by an operator; 
                      and
                          (ii) the potential benefits and burdens, 
                      logistical or economic, associated with widespread 
                      use of those technologies.
                    (B) Elements.--In carrying out the study under 
                subparagraph (A), the Secretary shall--
                          (i) <<NOTE: Survey. Evaluation.>>  survey and 
                      evaluate a variety of methods used by current and 
                      emerging aftermarket technologies or products to 
                      reduce the risk of children being left in rear-
                      designated seating positions after deactivation of 
                      a motor vehicle; and
                          (ii) <<NOTE: Recommenda- tions.>>  provide 
                      recommendations--
                                    (I) for manufacturers of the 
                                technologies and products described in 
                                clause (i) to carry out a functional 
                                safety performance evaluation to ensure 
                                that the technologies and products 
                                perform as designed by the manufacturer 
                                under a variety of real-world 
                                conditions; and
                                    (II) for consumers on methods to 
                                select an appropriate technology or 
                                product described in clause (i) in order 
                                to retrofit existing vehicles.
            (2) Report by secretary.--Not later than 180 days after the 
        date on which the Secretary issues the final rule required by 
        section 32304B(b) of title 49, United States Code (as added by 
        subsection (a)(1)), the Secretary shall submit a report 
        describing the results of the study carried out under paragraph 
        (1) to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

                    TITLE V--RESEARCH AND INNOVATION

SEC. 25001. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM ADVISORY 
                            COMMITTEE.

    Section 515(h) of title 23, United States Code, is amended--
            (1) in paragraph (1), by inserting ``(referred to in this 
        subsection as the `Advisory Committee')'' after ``an Advisory 
        Committee'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``20 members'' and inserting ``25 members'';
                    (B) in subparagraph (O) (as redesignated by section 
                13008(a)(2))--
                          (i) by striking ``utilities,''; and
                          (ii) by striking the period at the end and 
                      inserting a semicolon;
                    (C) by redesignating subparagraphs (F), (G), (H), 
                (I), (J), (K), (L), (M), (N), and (O) (as added or 
                redesignated by section 13008(a)) as subparagraphs (H), 
                (J), (K), (L), (M), (N), (O), (S), (T), and (U), 
                respectively;
                    (D) by inserting after subparagraph (E) (as 
                redesignated by section 13008(a)(2)) the following:
                    ``(F) a representative of a national transit 
                association;

[[Page 135 STAT. 837]]

                    ``(G) a representative of a national, State, or 
                local transportation agency or association;'';
                    (E) by inserting after subparagraph (H) (as 
                redesignated by subparagraph (C)) the following:
                    ``(I) a private sector developer of intelligent 
                transportation system technologies, which may include 
                emerging vehicle technologies;'';
                    (F) by inserting after subparagraph (O) (as so 
                redesignated) the following:
                    ``(P) a representative of a labor organization;
                    ``(Q) a representative of a mobility-providing 
                entity;
                    ``(R) an expert in traffic management;''; and
                    (G) by adding at the end the following:
                    ``(V) an expert in cybersecurity; and
                    ``(W) an automobile manufacturer.'';
            (3) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``section 508'' 
                and inserting ``section 6503 of title 49''; and
                    (B) in subparagraph (B)--
                          (i) in the matter preceding clause (i), by 
                      inserting ``programs and'' before ``research''; 
                      and
                          (ii) in clause (iii), by striking ``research 
                      and'' and inserting ``programs, research, and'';
            (4) by redesignating paragraphs (3) through (5) as 
        paragraphs (5) through (7); and
            (5) by inserting after paragraph (2) the following:
            ``(3) Term.--
                    ``(A) In general.--The term of a member of the 
                Advisory Committee shall be 3 years.
                    ``(B) Renewal.--On expiration of the term of a 
                member of the Advisory Committee, the member--
                          ``(i) may be reappointed; or
                          ``(ii) if the member is not reappointed under 
                      clause (i), may serve until a new member is 
                      appointed.
            ``(4) Meetings.--The Advisory Committee--
                    ``(A) shall convene not less frequently than twice 
                each year; and
                    ``(B) may convene with the use of remote video 
                conference technology.''.
SEC. 25002. <<NOTE: 23 USC 502 note.>>  SMART COMMUNITY RESOURCE 
                            CENTER.

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

    (b) <<NOTE: Public information. Web posting.>>  Establishment.--The 
Secretary shall work with the modal administrations of the Department 
and with such other Federal agencies and departments as the Secretary 
determines to be appropriate to make available to the public on an 
Internet website a resource center, to be known as the ``Smart Community 
Resource Center'', that includes a compilation of resources or links to 
resources for States and local communities to use in developing and 
implementing--

[[Page 135 STAT. 838]]

            (1) intelligent transportation system programs; or
            (2) smart community transportation programs.

    (c) Inclusions.--The resource center shall include links to--
            (1) existing programs and resources for intelligent 
        transportation system or smart community transportation 
        programs, including technical assistance, education, training, 
        funding, and examples of intelligent transportation systems or 
        smart community transportation programs implemented by States 
        and local communities, available from--
                    (A) the Department;
                    (B) other Federal agencies; and
                    (C) non-Federal sources;
            (2) existing reports or databases with the results of 
        intelligent transportation system or smart community 
        transportation programs;
            (3) any best practices developed or lessons learned from 
        intelligent transportation system or smart community 
        transportation programs; and
            (4) such other resources as the Secretary determines to be 
        appropriate.

    (d) Deadline.--The Secretary shall establish the resource center by 
the date that is 1 year after the date of enactment of this Act.
    (e) Updates.--The Secretary shall ensure that the resource center is 
updated on a regular basis.
SEC. 25003. <<NOTE: 49 USC 6302 note.>>  FEDERAL SUPPORT FOR LOCAL 
                            DECISIONMAKING.

    (a) <<NOTE: Determination.>>  Local Outreach.--To determine the data 
analysis tools needed to assist local communities in making 
infrastructure decisions, the Director of the Bureau of Transportation 
Statistics shall perform outreach to planning and infrastructure 
decision-making officials in units of local government and other units 
of government, including a geographically diverse group of individuals 
from--
            (1) States;
            (2) political subdivisions of States;
            (3) cities;
            (4) metropolitan planning organizations;
            (5) regional transportation planning organizations; and
            (6) federally recognized Indian Tribes.

    (b) <<NOTE: Reviews Updates.>>  Work Plan.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 1 year 
        after the date of enactment of this Act, based on the outreach 
        performed under subsection (a), the Director of the Bureau of 
        Transportation Statistics shall submit to the Secretary a work 
        plan for reviewing and updating existing data analysis tools and 
        developing any additional data analysis tools needed to assist 
        local communities with making infrastructure investment 
        decisions.
            (2) Contents.--Based on the needs identified pursuant to the 
        outreach performed under subsection (a), the work plan submitted 
        under paragraph (1) shall include--
                    (A) a description of the data analysis tools 
                identified that would benefit infrastructure decision-
                making by local governments and address the goals 
                described in subsection (c);

[[Page 135 STAT. 839]]

                    (B) a review of the datasets that local governments 
                need to effectively use the data analysis tools 
                described in subparagraph (A);
                    (C) an identification of existing or proposed data 
                analysis tools that use publicly available data;
                    (D) <<NOTE: Cost estimate.>>  the estimated cost of 
                obtaining each dataset described in subparagraph (B);
                    (E) <<NOTE: Cost estimate.>>  the estimated cost to 
                develop the data analysis tools described in 
                subparagraph (A);
                    (F) a prioritization for the development of data 
                analysis tools described in subparagraph (A); and
                    (G) <<NOTE: Determination.>>  a determination as to 
                whether it would be appropriate for the Federal 
                Government to develop the data analysis tools described 
                in subparagraph (A).

    (c) Goals.--
            (1) In general.--A data analysis tool created pursuant to 
        the work plan submitted under subsection (b)(1) shall be 
        developed to help inform local communities in making 
        infrastructure investments.
            (2) Specific issues.--A data analysis tool created pursuant 
        to the work plan submitted under subsection (b)(1) shall be 
        intended to help units of local government and other units of 
        government address 1 or more of the following:
                    (A) Improving maintenance of existing assets.
                    (B) Rebuilding infrastructure to a state of good 
                repair.
                    (C) Creating economic development through 
                infrastructure development.
                    (D) Establishing freight plans and infrastructure 
                that connects the community to supply chains.
                    (E) Increasing options for communities that lack 
                access to affordable transportation to improve access to 
                jobs, affordable housing, schools, medical services, 
                foods and other essential community services.
                    (F) Reducing congestion.
                    (G) Improving community resilience to extreme 
                weather events.
                    (H) Any other subject, as the Director determines to 
                be necessary.

    (d) Implementation.--Subject to the availability of appropriations, 
the Secretary shall develop data analysis tools and purchase datasets as 
prioritized in the work plan.
    (e) Coordination.--The Director of the Bureau of Transportation 
Statistics may utilize existing working groups or advisory committees to 
perform the local outreach required under subsection (a).
SEC. 25004. BUREAU OF TRANSPORTATION STATISTICS.

    (a) <<NOTE: Time period.>>  Funding.--In addition to amounts made 
available from the Highway Trust Fund, there is authorized to be 
appropriated to the Secretary for use by the Bureau of Transportation 
Statistics for data collection and analysis activities $10,000,000 for 
each of fiscal years 2022 through 2026.

    (b) Amendment.--Section 6302(b)(3)(B)(vi) of title 49, United States 
Code, is amended--
            (1) by striking subclause (V);
            (2) by redesignating subclauses (VI) through (XI) as 
        subclauses (VII) through (XII), respectively; and

[[Page 135 STAT. 840]]

            (3) by adding after subclause (IV) the following:
                                    ``(V) employment in the 
                                transportation sector;
                                    ``(VI) the effects of the 
                                transportation system, including 
                                advanced technologies and automation, on 
                                global and domestic economic 
                                competitiveness;''.
SEC. 25005. <<NOTE: 23 USC 502 note.>>  STRENGTHENING MOBILITY AND 
                            REVOLUTIONIZING TRANSPORTATION GRANT 
                            PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a political subdivision of a State;
                    (C) a Tribal government;
                    (D) a public transit agency or authority;
                    (E) a public toll authority;
                    (F) a metropolitan planning organization; and
                    (G) a group of 2 or more eligible entities described 
                in any of subparagraphs (A) through (F) applying through 
                a single lead applicant.
            (2) Eligible project.--The term ``eligible project'' means a 
        project described in subsection (e).
            (3) Large community.--The term ``large community'' means a 
        community with a population of not less than 400,000 
        individuals, as determined under the most recent annual estimate 
        of the Bureau of the Census.
            (4) Midsized community.--The term ``midsized community'' 
        means any community that is not a large community or a rural 
        community.
            (5) Regional partnership.--The term ``regional partnership'' 
        means a partnership composed of 2 or more eligible entities 
        located in jurisdictions with a combined population that is 
        equal to or greater than the population of any midsized 
        community.
            (6) Rural community.--The term ``rural community'' means a 
        community that is located in an area that is outside of an 
        urbanized area (as defined in section 5302 of title 49, United 
        States Code).
            (7) SMART grant.--The term ``SMART grant'' means a grant 
        provided to an eligible entity under the Strengthening Mobility 
        and Revolutionizing Transportation Grant Program established 
        under subsection (b).

    (b) Establishment of Program.--The Secretary shall establish a 
program, to be known as the ``Strengthening Mobility and Revolutionizing 
Transportation Grant Program'', under which the Secretary shall provide 
grants to eligible entities to conduct demonstration projects focused on 
advanced smart city or community technologies and systems in a variety 
of communities to improve transportation efficiency and safety.
    (c) <<NOTE: Determination.>>  Distribution.--In determining the 
projects for which to provide a SMART grant, the Secretary shall 
consider contributions to geographical diversity among grant recipients, 
including the need for balancing the needs of rural communities, 
midsized communities, and large communities, consistent with the 
requirements of subparagraphs (A) through (C) of subsection (g)(1).

    (d) Applications.--
            (1) In general.--An eligible entity may submit to the 
        Secretary an application for a SMART grant at such time,

[[Page 135 STAT. 841]]

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

[[Page 135 STAT. 842]]

                                    (XI) improve emergency response.
                    (B) Priority.--In providing SMART grants, the 
                Secretary shall give priority to applications for 
                eligible projects that would--
                          (i) demonstrate smart city or community 
                      technologies in repeatable ways that can rapidly 
                      be scaled;
                          (ii) encourage public and private sharing of 
                      data and best practices;
                          (iii) encourage private-sector innovation by 
                      promoting industry-driven technology standards, 
                      open platforms, technology-neutral requirements, 
                      and interoperability;
                          (iv) promote a skilled workforce that is 
                      inclusive of minority or disadvantaged groups;
                          (v) allow for the measurement and validation 
                      of the cost savings and performance improvements 
                      associated with the installation and use of smart 
                      city or community technologies and practices;
                          (vi) encourage the adoption of smart city or 
                      community technologies by communities;
                          (vii) promote industry practices regarding 
                      cybersecurity; and
                          (viii) safeguard individual privacy.
            (4) Technical assistance.--On request of an eligible entity 
        that submitted an application under paragraph (1) with respect 
        to a project that is not selected for a SMART grant, the 
        Secretary shall provide to the eligible entity technical 
        assistance and briefings relating to the project.

    (e) Use of Grant Funds.--
            (1) Eligible projects.--
                    (A) In general.--A SMART grant may be used to carry 
                out a project that demonstrates at least 1 of the 
                following:
                          (i) Coordinated automation.--The use of 
                      automated transportation and autonomous vehicles, 
                      while working to minimize the impact on the 
                      accessibility of any other user group or mode of 
                      travel.
                          (ii) Connected vehicles.--Vehicles that send 
                      and receive information regarding vehicle 
                      movements in the network and use vehicle-to-
                      vehicle and vehicle-to-everything communications 
                      to provide advanced and reliable connectivity.
                          (iii) Intelligent, sensor-based 
                      infrastructure.--The deployment and use of a 
                      collective intelligent infrastructure that allows 
                      sensors to collect and report real-time data to 
                      inform everyday transportation-related operations 
                      and performance.
                          (iv) Systems integration.--The integration of 
                      intelligent transportation systems with other 
                      existing systems and other advanced transportation 
                      technologies.
                          (v) Commerce delivery and logistics.--
                      Innovative data and technological solutions 
                      supporting efficient goods movement, such as 
                      connected vehicle probe data, road weather data, 
                      or global positioning data to improve on-time 
                      pickup and delivery, improved travel time 
                      reliability, reduced fuel consumption and

[[Page 135 STAT. 843]]

                      emissions, and reduced labor and vehicle 
                      maintenance costs.
                          (vi) Leveraging use of innovative aviation 
                      technology.--Leveraging the use of innovative 
                      aviation technologies, such as unmanned aircraft 
                      systems, to support transportation safety and 
                      efficiencies, including traffic monitoring and 
                      infrastructure inspection.
                          (vii) Smart grid.--Development of a 
                      programmable and efficient energy transmission and 
                      distribution system to support the adoption or 
                      expansion of energy capture, electric vehicle 
                      deployment, or freight or commercial fleet fuel 
                      efficiency.
                          (viii) Smart technology traffic signals.--
                      Improving the active management and functioning of 
                      traffic signals, including through--
                                    (I) the use of automated traffic 
                                signal performance measures;
                                    (II) implementing strategies, 
                                activities, and projects that support 
                                active management of traffic signal 
                                operations, including through 
                                optimization of corridor timing, 
                                improved vehicle, pedestrian, and 
                                bicycle detection at traffic signals, or 
                                the use of connected vehicle 
                                technologies;
                                    (III) replacing outdated traffic 
                                signals; or
                                    (IV) for an eligible entity serving 
                                a population of less than 500,000, 
                                paying the costs of temporary staffing 
                                hours dedicated to updating traffic 
                                signal technology.
            (2) Eligible project costs.--A SMART grant may be used for--
                    (A) development phase activities, including--
                          (i) planning;
                          (ii) feasibility analyses;
                          (iii) revenue forecasting;
                          (iv) environmental review;
                          (v) permitting;
                          (vi) preliminary engineering and design work;
                          (vii) systems development or information 
                      technology work; and
                          (viii) acquisition of real property (including 
                      land and improvements to land relating to an 
                      eligible project); and
                    (B) construction phase activities, including--
                          (i) construction;
                          (ii) reconstruction;
                          (iii) rehabilitation;
                          (iv) replacement;
                          (v) environmental mitigation;
                          (vi) construction contingencies; and
                          (vii) acquisition of equipment, including 
                      vehicles.
            (3) Prohibited uses.--A SMART grant shall not be used--
                    (A) to reimburse any preaward costs or application 
                preparation costs of the SMART grant application;
                    (B) for any traffic or parking enforcement activity; 
                or
                    (C) to purchase or lease a license plate reader.

[[Page 135 STAT. 844]]

    (f) Reports.--
            (1) Eligible entities.--Not later than 2 years after the 
        date on which an eligible entity receives a SMART grant, and 
        annually thereafter until the date on which the SMART grant is 
        expended, the eligible entity shall submit to the Secretary an 
        implementation report that describes--
                    (A) the deployment and operational costs of each 
                eligible project carried out by the eligible entity, as 
                compared to the benefits and savings from the eligible 
                project; and
                    (B) the means by which each eligible project carried 
                out by the eligible entity has met the original 
                expectation, as projected in the SMART grant 
                application, including--
                          (i) <<NOTE: Data.>>  data describing the means 
                      by which the eligible project met the specific 
                      goals for the project, such as--
                                    (I) reducing traffic-related 
                                fatalities and injuries;
                                    (II) reducing traffic congestion or 
                                improving travel-time reliability;
                                    (III) providing the public with 
                                access to real-time integrated traffic, 
                                transit, and multimodal transportation 
                                information to make informed travel 
                                decisions; or
                                    (IV) reducing barriers or improving 
                                access to jobs, education, or various 
                                essential services;
                          (ii) the effectiveness of providing to the 
                      public real-time integrated traffic, transit, and 
                      multimodal transportation information to make 
                      informed travel decisions; and
                          (iii) lessons learned and recommendations for 
                      future deployment strategies to optimize 
                      transportation efficiency and multimodal system 
                      performance.
            (2) GAO.--Not later than 4 years after the date of enactment 
        of this Act, the Comptroller General of the United States shall 
        conduct, and submit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Energy and 
        Commerce of the House of Representatives, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report describing the results of, a review of 
        the SMART grant program under this section.
            (3) Secretary.--
                    (A) Report to congress.--Not later than 2 years 
                after the date on which the initial SMART grants are 
                provided under this section, the Secretary shall submit 
                to the Committee on Commerce, Science, and 
                Transportation of the Senate, the Committee on Energy 
                and Commerce of the House of Representatives, and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a report that--
                          (i) describes each eligible entity that 
                      received a SMART grant;
                          (ii) identifies the amount of each SMART grant 
                      provided;
                          (iii) summarizes the intended uses of each 
                      SMART grant;
                          (iv) describes the effectiveness of eligible 
                      entities in meeting the goals described in the 
                      SMART grant

[[Page 135 STAT. 845]]

                      application of the eligible entity, including an 
                      assessment or measurement of the realized 
                      improvements or benefits resulting from each SMART 
                      grant; and
                          (v) describes lessons learned and 
                      recommendations for future deployment strategies 
                      to optimize transportation efficiency and 
                      multimodal system performance.
                    (B) Best practices.--The Secretary shall--
                          (i) develop and regularly update best 
                      practices based on, among other information, the 
                      data, lessons learned, and feedback from eligible 
                      entities that received SMART grants;
                          (ii) <<NOTE: Public information. Web 
                      posting.>>  publish the best practices under 
                      clause (i) on a publicly available website; and
                          (iii) <<NOTE: Updates.>>  update the best 
                      practices published on the website under clause 
                      (ii) regularly.

    (g) Authorization of Appropriations.--
            (1) <<NOTE: Time period.>>  In general.--There is authorized 
        to be appropriated to the Secretary $100,000,000 for each of the 
        first 5 fiscal years beginning after the date of enactment of 
        this Act, of which--
                    (A) not more than 40 percent shall be used to 
                provide SMART grants for eligible projects that 
                primarily benefit large communities;
                    (B) not more than 30 percent shall be provided for 
                eligible projects that primarily benefit midsized 
                communities; and
                    (C) not more than 30 percent shall be used to 
                provide SMART grants for eligible projects that 
                primarily benefit rural communities or regional 
                partnerships.
            (2) Administrative costs.--Of the amounts made available 
        under paragraph (1) for each fiscal year, not more than 2 
        percent shall be used for administrative costs of the Secretary 
        in carrying out this section.
            (3) Limitation.--An eligible entity may not use more than 3 
        percent of the amount of a SMART grant for each fiscal year to 
        achieve compliance with applicable planning and reporting 
        requirements.
            (4) <<NOTE: Time period.>>  Availability.--The amounts made 
        available for a fiscal year pursuant to this subsection shall be 
        available for obligation during the 2-fiscal-year period 
        beginning on the first day of the fiscal year for which the 
        amounts were appropriated.
SEC. 25006. <<NOTE: 23 USC 151 note.>>  ELECTRIC VEHICLE WORKING 
                            GROUP.

    (a) Definitions.--In this section:
            (1) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary; and
                    (B) the Secretary of Energy.
            (2) Working group.--The term ``working group'' means the 
        electric vehicle working group established under subsection 
        (b)(1).

    (b) Establishment.--
            (1) <<NOTE: Deadline. Recommenda- tions.>>  In general.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretaries shall jointly establish an electric vehicle working 
        group to make recommendations regarding the development, 
        adoption, and integration of light-, medium-, and heavy-duty 
        electric vehicles into the transportation and energy systems of 
        the United States.

[[Page 135 STAT. 846]]

            (2) Membership.--
                    (A) In general.--The working group shall be composed 
                of--
                          (i) the Secretaries (or designees), who shall 
                      be cochairs of the working group; and
                          (ii) <<NOTE: Appointments.>>  not more than 25 
                      members, to be appointed by the Secretaries, of 
                      whom--
                                    (I) not more than 6 shall be Federal 
                                stakeholders as described in 
                                subparagraph (B); and
                                    (II) not more than 19 shall be non-
                                Federal stakeholders as described in 
                                subparagraph (C).
                    (B) Federal stakeholders.--The working group--
                          (i) shall include not fewer than 1 
                      representative of each of--
                                    (I) the Department;
                                    (II) the Department of Energy;
                                    (III) the Environmental Protection 
                                Agency;
                                    (IV) the Council on Environmental 
                                Quality; and
                                    (V) the General Services 
                                Administration; and
                          (ii) may include a representative of any other 
                      Federal agency the Secretaries consider to be 
                      appropriate.
                    (C) Non-federal stakeholders.--
                          (i) In general.--Subject to clause (ii), the 
                      working group--
                                    (I) shall include not fewer than 1 
                                representative of each of--
                                            (aa) a manufacturer of 
                                        light-duty electric vehicles or 
                                        the relevant components of 
                                        light-duty electric vehicles;
                                            (bb) a manufacturer of 
                                        medium- and heavy-duty vehicles 
                                        or the relevant components of 
                                        medium- and heavy-duty electric 
                                        vehicles;
                                            (cc) a manufacturer of 
                                        electric vehicle batteries;
                                            (dd) an owner, operator, or 
                                        manufacturer of electric vehicle 
                                        charging equipment;
                                            (ee) the public utility 
                                        industry;
                                            (ff) a public utility 
                                        regulator or association of 
                                        public utility regulators;
                                            (gg) the transportation 
                                        fueling distribution industry;
                                            (hh) the energy provider 
                                        industry;
                                            (ii) the automotive dealing 
                                        industry;
                                            (jj) the for-hire passenger 
                                        transportation industry;
                                            (kk) an organization 
                                        representing units of local 
                                        government;
                                            (ll) an organization 
                                        representing regional 
                                        transportation or planning 
                                        agencies;
                                            (mm) an organization 
                                        representing State departments 
                                        of transportation;
                                            (nn) an organization 
                                        representing State departments 
                                        of energy or State energy 
                                        planners;

[[Page 135 STAT. 847]]

                                            (oo) the intelligent 
                                        transportation systems and 
                                        technologies industry;
                                            (pp) labor organizations 
                                        representing workers in 
                                        transportation manufacturing, 
                                        construction, or operations;
                                            (qq) the trucking industry;
                                            (rr) Tribal governments; and
                                            (ss) the property 
                                        development industry; and
                                    (II) may include a representative of 
                                any other non-Federal stakeholder that 
                                the Secretaries consider to be 
                                appropriate.
                          (ii) Requirement.--The stakeholders selected 
                      under clause (i) shall, in the aggregate--
                                    (I) consist of individuals with a 
                                balance of backgrounds, experiences, and 
                                viewpoints; and
                                    (II) include individuals that 
                                represent geographically diverse regions 
                                of the United States, including 
                                individuals representing the 
                                perspectives of rural, urban, and 
                                suburban areas.
                    (D) Compensation.--A member of the working group 
                shall serve without compensation.
            (3) Meetings.--
                    (A) <<NOTE: Time period.>>  In general.--The working 
                group shall meet not less frequently than once every 120 
                days.
                    (B) Remote participation.--A member of the working 
                group may participate in a meeting of the working group 
                via teleconference or similar means.
            (4) Coordination.--In carrying out the duties of the working 
        group, the working group shall coordinate and consult with any 
        existing Federal interagency working groups on fleet conversion 
        or other similar matters relating to electric vehicles.

    (c) Reports and Strategy on Electric Vehicle Adoption.--
            (1) Working group reports.--The working group shall complete 
        by each of the deadlines described in paragraph (2) a report 
        describing the status of electric vehicle adoption including--
                    (A) a description of the barriers and opportunities 
                to scaling up electric vehicle adoption throughout the 
                United States, including recommendations for issues 
                relating to--
                          (i) consumer behavior;
                          (ii) charging infrastructure needs, including 
                      standardization and cybersecurity;
                          (iii) manufacturing and battery costs, 
                      including the raw material shortages for batteries 
                      and electric motor magnets;
                          (iv) the adoption of electric vehicles for 
                      low- and moderate-income individuals and 
                      underserved communities, including charging 
                      infrastructure access and vehicle purchase 
                      financing;
                          (v) business models for charging personal 
                      electric vehicles outside the home, including 
                      wired and wireless charging;
                          (vi) charging infrastructure permitting and 
                      regulatory issues;
                          (vii) the connections between housing and 
                      transportation costs and emissions;

[[Page 135 STAT. 848]]

                          (viii) freight transportation, including 
                      local, port and drayage, regional, and long-haul 
                      trucking;
                          (ix) intercity passenger travel;
                          (x) the process by which governments collect a 
                      user fee for the contribution of electric vehicles 
                      to funding roadway improvements;
                          (xi) State- and local-level policies, 
                      incentives, and zoning efforts;
                          (xii) the installation of highway corridor 
                      signage;
                          (xiii) secondary markets and recycling for 
                      batteries;
                          (xiv) grid capacity and integration;
                          (xv) energy storage; and
                          (xvi) specific regional or local issues that 
                      may not appear to apply throughout the United 
                      States, but may hamper nationwide adoption or 
                      coordination of electric vehicles;
                    (B) examples of successful public and private models 
                and demonstration projects that encourage electric 
                vehicle adoption;
                    (C) <<NOTE: Analysis.>>  an analysis of current 
                efforts to overcome the barriers described in 
                subparagraph (A);
                    (D) <<NOTE: Analysis. Cost estimates.>>  an analysis 
                of the estimated costs and benefits of any 
                recommendations of the working group; and
                    (E) any other topics, as determined by the working 
                group.
            (2) Deadlines.--A report under paragraph (1) shall be 
        submitted to the Secretaries, the Committees on Commerce, 
        Science, and Transportation and Appropriations of the Senate and 
        the Committees on Transportation and Infrastructure and 
        Appropriations of the House of Representatives--
                    (A) in the case of the first report, by not later 
                than 18 months after the date on which the working group 
                is established under subsection (b)(1);
                    (B) in the case of the second report, by not later 
                than 2 years after the date on which the first report is 
                required to be submitted under subparagraph (A); and
                    (C) in the case of the third report, by not later 
                than 2 years after the date on which the second report 
                is required to be submitted under subparagraph (B).
            (3) Strategy.--
                    (A) <<NOTE: Update.>>  In general.--Based on the 
                reports submitted by the working group under paragraph 
                (1), the Secretaries shall jointly develop, maintain, 
                and update a strategy that describes the means by which 
                the Federal Government, States, units of local 
                government, and industry can--
                          (i) establish quantitative targets for 
                      transportation electrification;
                          (ii) overcome the barriers described in 
                      paragraph (1)(A);
                          (iii) identify areas of opportunity in 
                      research and development to improve battery 
                      manufacturing, mineral mining, recycling costs, 
                      material recovery, fire risks, and battery 
                      performance for electric vehicles;
                          (iv) enhance Federal interagency coordination 
                      to promote electric vehicle adoption;

[[Page 135 STAT. 849]]

                          (v) prepare the workforce for the adoption of 
                      electric vehicles, including through collaboration 
                      with labor unions, educational institutions, and 
                      relevant manufacturers;
                          (vi) expand electric vehicle and charging 
                      infrastructure;
                          (vii) expand knowledge of the benefits of 
                      electric vehicles among the general public;
                          (viii) maintain the global competitiveness of 
                      the United States in the electric vehicle and 
                      charging infrastructure markets;
                          (ix) provide clarity in regulations to improve 
                      national uniformity with respect to electric 
                      vehicles; and
                          (x) ensure the sustainable integration of 
                      electric vehicles into the national electric grid.
                    (B) Notice and comment.--In carrying out 
                subparagraph (A), the Secretaries shall provide public 
                notice and opportunity for comment on the strategy 
                described in that subparagraph.
            (4) Information.--
                    (A) <<NOTE: Contracts.>>  In general.--The 
                Secretaries may enter into an agreement with the 
                Transportation Research Board of the National Academies 
                of Sciences, Engineering, and Medicine to provide, 
                track, or report data, information, or research to 
                assist the working group in carrying out paragraph (1).
                    (B) Use of existing information.--In developing a 
                report under paragraph (1) or a strategy under paragraph 
                (3), the Secretaries and the working group shall take 
                into consideration existing Federal, State, local, 
                private sector, and academic data and information 
                relating to electric vehicles and, to the maximum extent 
                practicable, coordinate with the entities that publish 
                that information--
                          (i) to prevent duplication of efforts by the 
                      Federal Government; and
                          (ii) to leverage existing information and 
                      complementary efforts.

    (d) Coordination.--To the maximum extent practicable, the 
Secretaries and the working group shall carry out this section using all 
available existing resources, websites, and databases of Federal 
agencies, such as--
            (1) the Alternative Fuels Data Center;
            (2) the Energy Efficient Mobility Systems program; and
            (3) the Clean Cities Coalition Network.

    (e) Termination.--The working group shall terminate on submission of 
the third report required under subsection (c)(2)(C).
SEC. 25007. <<NOTE: 49 USC 301 note.>>  RISK AND SYSTEM 
                            RESILIENCE.

    (a) <<NOTE: Consultation.>>  In General.--The Secretary, in 
consultation with appropriate Federal, State, and local agencies, shall 
develop a process for quantifying annual risk in order to increase 
system resilience with respect to the surface transportation system of 
the United States by measuring--
            (1) resilience to threat probabilities by type of hazard and 
        geographical location;

[[Page 135 STAT. 850]]

            (2) resilience to asset vulnerabilities with respect to each 
        applicable threat; and
            (3) anticipated consequences from each applicable threat to 
        each asset.

    (b) Use by State, Regional, Tribal, and Local Entities.--
            (1) In general.--The Secretary shall provide the process 
        developed under subsection (a) to State departments of 
        transportation, metropolitan planning organizations, Indian 
        Tribes, local governments, and other relevant entities.
            (2) Guidance and technical assistance.--The Secretary shall 
        provide to the entities described in paragraph (1) guidance and 
        technical assistance on the use of the process referred to in 
        that paragraph.

    (c) Research.--
            (1) In general.--The Secretary shall--
                    (A) identify and support fundamental research to 
                develop a framework and quantitative models to support 
                compilation of information for risk-based analysis of 
                transportation assets by standardizing the basis for 
                quantifying annual risk and increasing system 
                resilience; and
                    (B) build on existing resilience research, including 
                studies conducted by--
                          (i) the Transportation Research Board of the 
                      National Academies of Sciences, Engineering, and 
                      Medicine; and
                          (ii) the National Institute of Standards and 
                      Technology.
            (2) Use of existing facilities.--In carrying out paragraph 
        (1), the Secretary shall use existing research facilities 
        available to the Secretary, including the Turner-Fairbank 
        Highway Research Center and University Transportation Centers 
        established under section 5505 of title 49, United States Code.
SEC. 25008. COORDINATION ON EMERGING TRANSPORTATION TECHNOLOGY.

    (a) In General.--Subchapter I of chapter 3 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 313. <<NOTE: 49 USC 313.>>  Nontraditional and Emerging 
                Transportation Technology Council

    ``(a) <<NOTE: Deadline.>>  Establishment.--Not later than 180 days 
after the date of enactment of this section, the Secretary of 
Transportation (referred to in this section as the `Secretary') shall 
establish a council, to be known as the `Nontraditional and Emerging 
Transportation Technology Council' (referred to in this section as the 
`Council'), to address coordination on emerging technology issues across 
all modes of transportation.

    ``(b) Membership.--
            ``(1) In general.--The Council shall be composed of--
                    ``(A) the Secretary, who shall serve as an ex 
                officio member of the Council;
                    ``(B) the Deputy Secretary of Transportation;
                    ``(C) the Under Secretary of Transportation for 
                Policy;
                    ``(D) the Assistant Secretary for Research and 
                Technology of the Department of Transportation;
                    ``(E) the Assistant Secretary for Budget and 
                Programs of the Department of Transportation;

[[Page 135 STAT. 851]]

                    ``(F) the General Counsel of the Department of 
                Transportation;
                    ``(G) the Chief Information Officer of the 
                Department of Transportation;
                    ``(H) the Administrator of the Federal Aviation 
                Administration;
                    ``(I) the Administrator of the Federal Highway 
                Administration;
                    ``(J) the Administrator of the Federal Motor Carrier 
                Safety Administration;
                    ``(K) the Administrator of the Federal Railroad 
                Administration;
                    ``(L) the Administrator of the Federal Transit 
                Administration;
                    ``(M) the Administrator of the Maritime 
                Administration;
                    ``(N) the Administrator of the National Highway 
                Traffic Safety Administration;
                    ``(O) the Administrator of the Pipeline and 
                Hazardous Materials Safety Administration; and
                    ``(P) any other official of the Department of 
                Transportation, as determined by the Secretary.
            ``(2) Chair and vice chair.--
                    ``(A) Chair.--The Deputy Secretary of Transportation 
                (or a designee) shall serve as Chair of the Council.
                    ``(B) Vice chair.--The Under Secretary of 
                Transportation for Policy (or a designee) shall serve as 
                Vice Chair of the Council.

    ``(c) Duties.--The Council shall--
            ``(1) identify and resolve jurisdictional and regulatory 
        gaps or inconsistencies associated with nontraditional and 
        emerging transportation technologies, modes, or projects pending 
        or brought before the Department of Transportation to reduce, to 
        the maximum extent practicable, impediments to the prompt and 
        safe deployment of new and innovative transportation technology, 
        including with respect to--
                    ``(A) safety oversight;
                    ``(B) environmental review; and
                    ``(C) funding and financing issues;
            ``(2) coordinate the response of the Department of 
        Transportation to nontraditional and emerging transportation 
        technology projects;
            ``(3) engage with stakeholders in nontraditional and 
        emerging transportation technology projects; and
            ``(4) develop and establish Department of Transportation-
        wide processes, solutions, and best practices for identifying 
        and managing nontraditional and emerging transportation 
        technology projects.

    ``(d) <<NOTE: Deadline.>>  Best Practices.--Not later than 1 year 
after the date of enactment of this section, the Council shall--
            ``(1) <<NOTE: Publication. Guidelines.>>  publish initial 
        guidelines to achieve the purposes described in subsection 
        (c)(4); and
            ``(2) promote each modal administration within the 
        Department of Transportation to further test and support the 
        advancement of nontraditional and emerging transportation 
        technologies not specifically considered by the Council.

[[Page 135 STAT. 852]]

    ``(e) Support.--The Office of the Secretary shall provide support 
for the Council.
    ``(f) <<NOTE: Time period.>>  Meetings.--The Council shall meet not 
less frequently than 4 times per year, at the call of the Chair.

    ``(g) Lead Modal Administration.--For each nontraditional or 
emerging transportation technology, mode, or project associated with a 
jurisdictional or regulatory gap or inconsistency identified under 
subsection (c)(1), the Chair of the Council shall--
            ``(1) designate a lead modal administration of the 
        Department of Transportation for review of the technology, mode, 
        or project; and
            ``(2) arrange for the detailing of staff between modal 
        administrations or offices of the Department of Transportation 
        as needed to maximize the sharing of experience and expertise.

    ``(h) <<NOTE: Time period. Public information. Web 
posting. Reports.>>  Transparency.--Not later than 1 year after the date 
of establishment of the Council, and not less frequently than annually 
thereafter until December 31, 2026, the Council shall post on a publicly 
accessible website a report describing the activities of the Council 
during the preceding calendar year.''.

    (b) Clerical Amendment.--The analysis for subchapter I of chapter 3 
of title 49, United States Code, <<NOTE: 49 USC 301 prec.>>  is amended 
by adding at the end the following:

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

SEC. 25009. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT 
                            CENTER.

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

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

[[Page 135 STAT. 853]]

                          ``(ii) improving the transparency and 
                      accountability of the permitting process;
                    ``(B)(i) to identify appropriate methods to assess 
                environmental impacts; and
                          ``(ii) to develop innovative methods for 
                      reasonable mitigation;
                    ``(C) to reduce uncertainty and delays with respect 
                to environmental reviews and permitting; and
                    ``(D) to reduce costs and risks to taxpayers in 
                project delivery.
            ``(4) Executive director.--The Center shall be headed by an 
        Executive Director, who shall--
                    ``(A) report to the Under Secretary of 
                Transportation for Policy;
                    ``(B) be responsible for the management and 
                oversight of the daily activities, decisions, 
                operations, and personnel of the Center; and
                    ``(C) carry out such additional duties as the 
                Secretary may prescribe.
            ``(5) Duties.--The Center shall carry out the following 
        duties:
                    ``(A) Coordinate and support implementation of 
                priority reform actions for Federal agency permitting 
                and reviews.
                    ``(B) Support modernization efforts at the operating 
                administrations within the Department and interagency 
                pilot programs relating to innovative approaches to the 
                permitting and review of transportation infrastructure 
                projects.
                    ``(C) Provide technical assistance and training to 
                Department staff on policy changes, innovative 
                approaches to project delivery, and other topics, as 
                appropriate.
                    ``(D) Identify, develop, and track metrics for 
                timeliness of permit reviews, permit decisions, and 
                project outcomes.
                    ``(E) Administer and expand the use of online 
                transparency tools providing for--
                          ``(i) tracking and reporting of metrics;
                          ``(ii) development and posting of schedules 
                      for permit reviews and permit decisions;
                          ``(iii) the sharing of best practices relating 
                      to efficient project permitting and reviews; and
                          ``(iv) the visual display of relevant 
                      geospatial data to support the permitting process.
                    ``(F) <<NOTE: Reports.>>  Submit to the Secretary 
                reports describing progress made toward achieving--
                          ``(i) greater efficiency in permitting 
                      decisions and review of infrastructure projects; 
                      and
                          ``(ii) better outcomes for communities and the 
                      environment.
            ``(6) Innovative best practices.--
                    ``(A) In general.--The Center shall work with the 
                operating administrations within the Department, 
                eligible entities, and other public and private 
                interests to develop and promote best practices for 
                innovative project delivery.
                    ``(B) Activities.--The Center shall support the 
                Department and operating administrations in conducting 
                environmental reviews and permitting, together with 
                project sponsor technical assistance activities, by--

[[Page 135 STAT. 854]]

                          ``(i) carrying out activities that are 
                      appropriate and consistent with the goals and 
                      policies of the Department to improve the delivery 
                      timelines for projects;
                          ``(ii) serving as the Department liaison to--
                                    ``(I) the Council on Environmental 
                                Quality; and
                                    ``(II) the Federal Permitting 
                                Improvement Steering Council established 
                                by section 41002(a) of the Fixing 
                                America's Surface Transportation Act (42 
                                U.S.C. 4370m-1(a));
                          ``(iii) supporting the National Surface 
                      Transportation and Innovative Finance Bureau 
                      (referred to in this paragraph as the `Bureau') in 
                      implementing activities to improve delivery 
                      timelines, as described in section 116(f), for 
                      projects carried out under the programs described 
                      in section 116(d)(1) for which the Bureau 
                      administers the application process;
                          ``(iv) leading activities to improve delivery 
                      timelines for projects carried out under programs 
                      not administered by the Bureau by--
                                    ``(I) coordinating efforts to 
                                improve the efficiency and effectiveness 
                                of the environmental review and 
                                permitting process;
                                    ``(II) providing technical 
                                assistance and training to field and 
                                headquarters staff of Federal agencies 
                                with respect to policy changes and 
                                innovative approaches to the delivery of 
                                projects; and
                                    ``(III) identifying, developing, and 
                                tracking metrics for permit reviews and 
                                decisions by Federal agencies for 
                                projects under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.).
                    ``(C) NEPA compliance assistance.--
                          ``(i) In general.--Subject to clause (ii), at 
                      the request of an entity that is carrying out a 
                      project, the Center, in coordination with the 
                      appropriate operating administrations within the 
                      Department, shall provide technical assistance 
                      relating to compliance with the applicable 
                      requirements of the National Environmental Policy 
                      Act of 1969 (42 U.S.C. 4321 et seq.) and 
                      applicable Federal authorizations.
                          ``(ii) Assistance from the bureau.--For 
                      projects carried out under the programs described 
                      in section 116(d)(1) for which the Bureau 
                      administers the application process, the Bureau, 
                      on request of the entity carrying out the project, 
                      shall provide the technical assistance described 
                      in clause (i).''.

    (b) Conforming Amendment.--Section 116(f)(2) of title 49, United 
States Code, is amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B) through (D) and 
        subparagraphs (A) through (C), respectively.
SEC. 25010. <<NOTE: 49 USC 102 note.>>  RURAL OPPORTUNITIES TO USE 
                            TRANSPORTATION FOR ECONOMIC SUCCESS 
                            INITIATIVE.

    (a) Definitions.--In this section:

[[Page 135 STAT. 855]]

            (1) Build america bureau.--The term ``Build America Bureau'' 
        means the National Surface Transportation and Innovative Finance 
        Bureau established under section 116 of title 49, United States 
        Code.
            (2) Indian tribe.--The term ``Indian Tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (3) ROUTES council.--The term ``ROUTES Council'' means the 
        Rural Opportunities to Use Transportation for Economic Success 
        Council established by subsection (c)(1).
            (4) ROUTES office.--The term ``ROUTES Office'' means the 
        Rural Opportunities to Use Transportation for Economic Success 
        Office established by subsection (b)(1).

    (b) Routes Office.--
            (1) In general.--The Secretary shall establish within the 
        Department the Rural Opportunities to Use Transportation for 
        Economic Success Office--
                    (A) to improve analysis of projects from rural 
                areas, Indian Tribes, and historically disadvantaged 
                communities in rural areas applying for Department 
                discretionary grants, including ensuring that project 
                costs, local resources, and the larger benefits to the 
                people and the economy of the United States are 
                appropriately considered; and
                    (B) to provide rural communities, Indian Tribes, and 
                historically disadvantaged communities in rural areas 
                with technical assistance for meeting the transportation 
                infrastructure investment needs of the United States in 
                a financially sustainable manner.
            (2) Objectives.--The ROUTES Office shall--
                    (A) collect input from knowledgeable entities and 
                the public on--
                          (i) the benefits of rural and Tribal 
                      transportation projects;
                          (ii) the technical and financial assistance 
                      required for constructing and operating 
                      transportation infrastructure and services within 
                      rural areas and on the land of Indian Tribes;
                          (iii) barriers and opportunities to funding 
                      transportation projects in rural areas and on the 
                      land of Indian Tribes; and
                          (iv) unique transportation barriers and 
                      challenges faced by Indian Tribes and historically 
                      disadvantaged communities in rural areas;
                    (B) evaluate data on transportation challenges faced 
                by rural communities and Indian Tribes and determine 
                methods to align the discretionary funding and financing 
                opportunities of the Department with the needs of those 
                communities for meeting national transportation goals;
                    (C) provide education and technical assistance to 
                rural communities and Indian Tribes about applicable 
                Department discretionary grants, develop effective 
                methods to evaluate projects in those communities in 
                discretionary grant programs, and communicate those 
                methods through program guidance;

[[Page 135 STAT. 856]]

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

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

[[Page 135 STAT. 857]]

                          (xi) The Deputy Assistant Secretary for Tribal 
                      Government Affairs.
                    (B) Chair.--The Deputy Secretary of Transportation 
                shall be the Chair of the ROUTES Council.
                    (C) Additional members.--The Secretary or the Chair 
                of the ROUTES Council may designate additional members 
                to serve on the ROUTES Council.
            (3) <<NOTE: Consultation.>>  Additional modal input.--To 
        address issues related to safety and transport of commodities 
        produced in or by, or transported through, as applicable, rural 
        areas, Indian Tribes, or the land of Indian Tribes, the ROUTES 
        Council shall consult with the Administrators (or their 
        designees) of--
                    (A) the Maritime Administration;
                    (B) the Great Lakes St. Lawrence Seaway Development 
                Corporation; and
                    (C) the National Highway Traffic Safety 
                Administration.
            (4) Duties.--Members of the ROUTES Council shall--
                    (A) participate in all meetings and relevant ROUTES 
                Council activities and be prepared to share information 
                relevant to rural and Tribal transportation 
                infrastructure projects and issues;
                    (B) provide guidance and leadership on rural and 
                Tribal transportation infrastructure issues and 
                represent the work of the ROUTES Council and the 
                Department on those issues to external stakeholders; and
                    (C) recommend initiatives for the consideration of 
                the Chair of the ROUTES Council to establish and staff 
                any resulting activities or working groups.
            (5) Meetings.--The ROUTES Council shall meet bimonthly.
            (6) Additional staffing.--The Secretary shall ensure that 
        the ROUTES Council and ROUTES Office have adequate staff support 
        to carry out the duties of the ROUTES Council and the ROUTES 
        Office, respectively, under this section.
            (7) <<NOTE: Reports.>>  Work products and deliverables.--The 
        ROUTES Council may develop work products or deliverables to meet 
        the goals of the ROUTES Council, including--
                    (A) an annual report to Congress describing ROUTES 
                Council activities for the past year and expected 
                activities for the coming year;
                    (B) <<NOTE: Recommenda- tions.>>  any 
                recommendations to enhance the effectiveness of 
                Department discretionary grant programs regarding rural 
                and Tribal infrastructure issues; and
                    (C) other guides and reports for relevant groups and 
                the public.
SEC. 25011. <<NOTE: 49 USC 301 note.>>  SAFETY DATA INITIATIVE.

    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
            (1) a State;
            (2) a unit of local government;
            (3) a transit agency or authority;
            (4) a metropolitan planning organization;
            (5) any other subdivision of a State or local government;
            (6) an institution of higher education; and
            (7) a multi-State or multijurisdictional group.

[[Page 135 STAT. 858]]

    (b) Safety Data Initiative.--
            (1) Establishment.--The Secretary shall establish an 
        initiative, to be known as the ``Safety Data Initiative'', to 
        promote the use of data integration, data visualization, and 
        advanced analytics for surface transportation safety through the 
        development of innovative practices and products for use by 
        Federal, State, and local entities.
            (2) Activities.--
                    (A) Applied research.--
                          (i) In general.--The Secretary shall support 
                      and carry out applied research to develop 
                      practices and products that will encourage the 
                      integration and use of traditional and new sources 
                      of safety data and safety information to improve 
                      policy and decisionmaking at the Federal, State, 
                      and local government levels.
                          (ii) Methodology.--In carrying out clause (i), 
                      the Secretary may--
                                    (I) carry out demonstration 
                                programs;
                                    (II) award grants and provide 
                                incentives to eligible entities;
                                    (III) enter into partnerships with--
                                            (aa) eligible entities;
                                            (bb) private sector 
                                        entities; and
                                            (cc) National Laboratories; 
                                        and
                                    (IV) use any other tools, 
                                strategies, or methods that will result 
                                in the effective use of data and 
                                information for safety purposes.
                    (B) Tools and practices.--In carrying out 
                subparagraph (A), the Secretary, to the maximum extent 
                practicable, shall--
                          (i) develop safety analysis tools for State 
                      and local governments, with a particular focus on 
                      State and local governments with limited capacity 
                      to perform safety analysis;
                          (ii)(I) identify innovative State and local 
                      government practices;
                          (II) incubate those practices for further 
                      development; and
                          (III) replicate those practices nationwide; 
                      and
                          (iii) transfer to State and local governments 
                      the results of the applied research carried out 
                      under that subparagraph.
                    (C) Data sharing.--
                          (i) In general.--To inform the creation of 
                      information useful for safety policy and 
                      decisionmaking, the Secretary shall--
                                    (I) encourage the sharing of data 
                                between and among Federal, State, and 
                                local transportation agencies; and
                                    (II) leverage data from private 
                                sector entities.
                          (ii) Goals.--The goals of the data-sharing 
                      activities under clause (i) shall include--
                                    (I) the creation of data ecosystems 
                                to reduce barriers to the efficient 
                                integration and analysis of relevant 
                                datasets for use by safety 
                                professionals; and

[[Page 135 STAT. 859]]

                                    (II) the establishment of procedures 
                                adequate to ensure sufficient security, 
                                privacy, and confidentiality as needed 
                                to promote the sharing of sensitive or 
                                proprietary data.
                          (iii) Management of data ecosystems.--A data 
                      ecosystem described in clause (ii)(I) may be 
                      managed by--
                                    (I) the Director of the Bureau of 
                                Transportation Statistics;
                                    (II) 1 or more trusted third 
                                parties, as determined by the Secretary; 
                                or
                                    (III) 1 or more other entities or 
                                partnerships capable of securing, 
                                managing, and analyzing sensitive or 
                                proprietary data.
            (3) Plan.--
                    (A) In general.--The Safety Data Initiative shall be 
                carried out pursuant to a plan to be jointly established 
                by--
                          (i) the Under Secretary of Transportation for 
                      Policy;
                          (ii) the Chief Information Officer of the 
                      Department;
                          (iii) the Administrator of the National 
                      Highway Traffic Safety Administration;
                          (iv) the Administrator of the Federal Highway 
                      Administration;
                          (v) the Administrator of the Federal Motor 
                      Carrier Safety Administration;
                          (vi) the Administrator of the Federal Transit 
                      Administration; and
                          (vii) the Administrator of the Federal 
                      Railroad Administration.
                    (B) Requirement.--The plan established under 
                subparagraph (A) shall include details regarding the 
                means by which tools and innovations developed by 
                projects carried out under the Safety Data Initiative 
                will be transferred to the appropriate program of the 
                Department for further implementation.
                    (C) <<NOTE: Determination.>>  Deadline.--Not later 
                than 1 year after the date of enactment of this Act, the 
                Secretary shall direct the officials described in 
                clauses (i) through (vii) of subparagraph (A) to 
                establish, by a date determined by the Secretary, the 
                plan referred to in that subparagraph.
            (4) Termination.--The Safety Data Initiative shall terminate 
        on the later of--
                    (A) the date that is 1 year after the date of 
                enactment of this Act; and
                    (B) the date on which the Secretary makes the 
                direction to officials described in paragraph (3)(C).
SEC. 25012. ADVANCED TRANSPORTATION RESEARCH.

    (a) In General.--Chapter 1 of title 49, United States Code (as 
amended by section 21101(a)), is amended by adding at the end the 
following:
``Sec. 119. <<NOTE: 49 USC 119.>>  Advanced Research Projects 
                Agency-Infrastructure

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

[[Page 135 STAT. 860]]

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

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

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

[[Page 135 STAT. 861]]

                          ``(iv) promote the resilience of 
                      infrastructure from physical and cyber threats; 
                      and
                    ``(B) to ensure that the United States is a global 
                leader in developing and deploying advanced 
                transportation infrastructure technologies and 
                materials.
            ``(2) Research projects.--ARPA-I shall achieve the goals 
        described in paragraph (1) by providing assistance under this 
        section for infrastructure research projects that--
                    ``(A) advance novel, early-stage research with 
                practicable application to transportation 
                infrastructure;
                    ``(B) translate techniques, processes, and 
                technologies, from the conceptual phase to prototype, 
                testing, or demonstration;
                    ``(C) develop advanced manufacturing processes and 
                technologies for the domestic manufacturing of novel 
                transportation-related technologies; and
                    ``(D) accelerate transformational technological 
                advances in areas in which industry entities are 
                unlikely to carry out projects due to technical and 
                financial uncertainty.

    ``(d) Director.--
            ``(1) <<NOTE: President.>>  Appointment.--ARPA-I shall be 
        headed by a Director, who shall be appointed by the President, 
        by and with the advice and consent of the Senate.
            ``(2) Qualifications.--The Director shall be an individual 
        who, by reason of professional background and experience, is 
        especially qualified to advise the Secretary regarding, and 
        manage research programs addressing, matters relating to the 
        development of science and technology solutions to advance 
        United States transportation infrastructure.
            ``(3) Relationship to secretary.--The Director shall--
                    ``(A) be located within the Office of the Assistant 
                Secretary for Research and Technology; and
                    ``(B) report to the Secretary.
            ``(4) Relationship to other programs.--No other program 
        within the Department shall report to the Director.
            ``(5) Responsibilities.--The responsibilities of the 
        Director shall include--
                    ``(A) approving new programs within ARPA-I;
                    ``(B) developing funding criteria, and assessing the 
                success of programs, to achieve the goals described in 
                subsection (c)(1) through the establishment of technical 
                milestones;
                    ``(C) administering available funding by providing 
                to eligible entities assistance to achieve the goals 
                described in subsection (c)(1);
                    ``(D) terminating programs carried out under this 
                section that are not achieving the goals of the 
                programs; and
                    ``(E) establishing a process through which eligible 
                entities can submit to ARPA-I unsolicited research 
                proposals for assistance under this section in 
                accordance with subsection (f).

    ``(e) Personnel.--
            ``(1) In general.--The Director shall establish and maintain 
        within ARPA-I a staff with sufficient qualifications and 
        expertise to enable ARPA-I to carry out the responsibilities

[[Page 135 STAT. 862]]

        under this section, in conjunction with other operations of the 
        Department.
            ``(2) Program directors.--
                    ``(A) In general.--The Director shall designate 
                employees to serve as program directors for ARPA-I.
                    ``(B) Responsibilities.--Each program director shall 
                be responsible for--
                          ``(i) establishing research and development 
                      goals for the applicable program, including by 
                      convening workshops and conferring with outside 
                      experts;
                          ``(ii) publicizing the goals of the applicable 
                      program;
                          ``(iii) soliciting applications for specific 
                      areas of particular promise, especially in areas 
                      that the private sector or the Federal Government 
                      are not likely to carry out absent assistance from 
                      ARPA-I;
                          ``(iv) establishing research collaborations 
                      for carrying out the applicable program;
                          ``(v) selecting on the basis of merit each 
                      project to be supported under the applicable 
                      program, taking into consideration--
                                    ``(I) the novelty and scientific and 
                                technical merit of proposed projects;
                                    ``(II) the demonstrated capabilities 
                                of eligible entities to successfully 
                                carry out proposed projects;
                                    ``(III) the extent to which an 
                                eligible entity took into consideration 
                                future commercial applications of a 
                                proposed project, including the 
                                feasibility of partnering with 1 or more 
                                commercial entities; and
                                    ``(IV) such other criteria as the 
                                Director may establish;
                          ``(vi) identifying innovative cost-sharing 
                      arrangements for projects carried out or funded by 
                      ARPA-I;
                          ``(vii) monitoring the progress of projects 
                      supported under the applicable program;
                          ``(viii) identifying mechanisms for commercial 
                      application of successful technology development 
                      projects, including through establishment of 
                      partnerships between eligible entities and 
                      commercial entities; and
                          ``(ix) as applicable, recommending--
                                    ``(I) program restructuring; or
                                    ``(II) termination of applicable 
                                research partnerships or projects.
                    ``(C) Term of service.--A program director--
                          ``(i) shall serve for a term of 3 years; and
                          ``(ii) may be reappointed for any subsequent 
                      term of service.
            ``(3) Hiring and management.--
                    ``(A) In general.--The Director may--
                          ``(i) make appointments of scientific, 
                      engineering, and professional personnel, without 
                      regard to the civil service laws;
                          ``(ii) fix the basic pay of such personnel at 
                      such rate as the Director may determine, but not 
                      to exceed

[[Page 135 STAT. 863]]

                      level II of the Executive Schedule, without regard 
                      to the civil service laws; and
                          ``(iii) pay an employee appointed under this 
                      subparagraph payments in addition to basic pay, 
                      subject to the condition that the total amount of 
                      those additional payments for any 12-month period 
                      shall not exceed the least of--
                                    ``(I) $25,000;
                                    ``(II) an amount equal to 25 percent 
                                of the annual rate of basic pay of the 
                                employee; and
                                    ``(III) the amount of the applicable 
                                limitation for a calendar year under 
                                section 5307(a)(1) of title 5.
                    ``(B) <<NOTE: Contracts.>>  Private recruiting 
                firms.--The Director may enter into a contract with a 
                private recruiting firm for the hiring of qualified 
                technical staff to carry out this section.
                    ``(C) Additional staff.--The Director may use all 
                authorities available to the Secretary to hire 
                administrative, financial, and clerical staff, as the 
                Director determines to be necessary to carry out this 
                section.

    ``(f) Research Proposals.--
            ``(1) In general.--An eligible entity may submit to the 
        Director an unsolicited research proposal at such time, in such 
        manner, and containing such information as the Director may 
        require, including a description of--
                    ``(A) the extent of current and prior efforts with 
                respect to the project proposed to be carried out using 
                the assistance, if applicable; and
                    ``(B) any current or prior investments in the 
                technology area for which funding is requested, 
                including as described in subsection (c)(2)(D).
            ``(2) Review.--The Director--
                    ``(A) shall review each unsolicited research 
                proposal submitted under paragraph (1), taking into 
                consideration--
                          ``(i) the novelty and scientific and technical 
                      merit of the research proposal;
                          ``(ii) the demonstrated capabilities of the 
                      applicant to successfully carry out the research 
                      proposal;
                          ``(iii) the extent to which the applicant took 
                      into consideration future commercial applications 
                      of the proposed research project, including the 
                      feasibility of partnering with 1 or more 
                      commercial entities; and
                          ``(iv) such other criteria as the Director may 
                      establish;
                    ``(B) <<NOTE: Determination.>>  may approve a 
                research proposal if the Director determines that the 
                research--
                          ``(i) is in accordance with--
                                    ``(I) the goals described in 
                                subsection (c)(1); or
                                    ``(II) an applicable transportation 
                                research and development strategic plan 
                                developed under section 6503; and
                          ``(ii) would not duplicate any other Federal 
                      research being conducted or funded by another 
                      Federal agency; and

[[Page 135 STAT. 864]]

                    ``(C)(i) <<NOTE: Notices.>>  if funding is denied 
                for the research proposal, shall provide to the eligible 
                entity that submitted the proposal a written notice of 
                the denial that, as applicable--
                          ``(I) explains why the research proposal was 
                      not selected, including whether the research 
                      proposal fails to cover an area of need; and
                          ``(II) <<NOTE: Recommenda- tion.>>  recommends 
                      that the research proposal be submitted to another 
                      research program; or
                    ``(ii) if the research proposal is approved for 
                funding, shall provide to the eligible entity that 
                submitted the proposal--
                          ``(I) a written notice of the approval; and
                          ``(II) assistance in accordance with 
                      subsection (g) for the proposed research.

    ``(g) Forms of Assistance.--On approval of a research proposal of an 
eligible entity, the Director may provide to the eligible entity 
assistance in the form of--
            ``(1) a grant;
            ``(2) a contract;
            ``(3) a cooperative agreement;
            ``(4) a cash prize; or
            ``(5) another, similar form of funding.

    ``(h) Reports and Roadmaps.--
            ``(1) Annual reports.--For each fiscal year, the Director 
        shall provide to the Secretary, for inclusion in the budget 
        request submitted by the Secretary to the President under 
        section 1108 of title 31 for the fiscal year, a report that, 
        with respect to the preceding fiscal year, describes--
                    ``(A) the projects that received assistance from 
                ARPA-I, including--
                          ``(i) each such project that was funded as a 
                      result of an unsolicited research proposal; and
                          ``(ii) each such project that examines topics 
                      or technologies closely related to other 
                      activities funded by the Department, including an 
                      analysis of whether the Director achieved 
                      compliance with subsection (i)(1) in supporting 
                      the project; and
                    ``(B) the instances of, and reasons for, the 
                provision of assistance under this section for any 
                projects being carried out by industry entities.
            ``(2) <<NOTE: Time period.>> Strategic vision roadmap.--Not 
        later than October 1, 2022, and not less frequently than once 
        every 4 years thereafter, the Director shall submit to the 
        relevant authorizing and appropriations committees of Congress a 
        roadmap describing the strategic vision that ARPA-I will use to 
        guide the selection of future projects for technology investment 
        during the 4 fiscal-year period beginning on the date of 
        submission of the report.

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

[[Page 135 STAT. 865]]

                    ``(A) demonstrates sufficient attempts to secure 
                private financing; or
                    ``(B) indicates that the project is not 
                independently commercially viable.

    ``(j) Federal Demonstration of Technologies.--The Director shall 
seek opportunities to partner with purchasing and procurement programs 
of Federal agencies to demonstrate technologies resulting from 
activities funded through ARPA-I.
    ``(k) <<NOTE: Contracts.>>  Partnerships.--The Director shall seek 
opportunities to enter into contracts or partnerships with minority-
serving institutions (as described in any of paragraphs (1) through (7) 
of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 
1067q(a)))--
            ``(1) to accomplish the goals of ARPA-I;
            ``(2) to develop institutional capacity in advanced 
        transportation infrastructure technologies and materials;
            ``(3) to engage underserved populations in developing, 
        demonstrating, and deploying those technologies and materials; 
        and
            ``(4) to otherwise address the needs of ARPA-I.

    ``(l) University Transportation Centers.--The Director may--
            ``(1) partner with university transportation centers under 
        section 5505 to accomplish the goals, and address the needs, of 
        ARPA-I; and
            ``(2) sponsor and select for funding, in accordance with 
        section 5505, competitively selected university transportation 
        center grants, in addition to the assistance provided under 
        section 5505, to address targeted technology and material goals 
        of ARPA-I.

    ``(m) Advice.--
            ``(1) Advisory committees.--The Director may seek advice 
        regarding any aspect of ARPA-I from--
                    ``(A) an existing advisory committee, office, or 
                other group within the Department; and
                    ``(B) a new advisory committee organized to support 
                the programs of ARPA-I by providing advice and 
                assistance regarding--
                          ``(i) specific program tasks; or
                          ``(ii) the overall direction of ARPA-I.
            ``(2) Additional sources.--In carrying out this section, the 
        Director may seek advice and review from--
                    ``(A) the President's Council of Advisors on Science 
                and Technology;
                    ``(B) the Advanced Research Projects Agency-Energy; 
                and
                    ``(C) any professional or scientific organization 
                with expertise relating to specific processes or 
                technologies under development by ARPA-I.

    ``(n) Evaluation.--
            ``(1) <<NOTE: Deadline. Contracts.>>  In general.--Not later 
        than December 27, 2024, the Secretary may enter into an 
        arrangement with the National Academy of Sciences under which 
        the National Academy shall conduct an evaluation of the 
        achievement by ARPA-I of the goals described in subsection 
        (c)(1).
            ``(2) <<NOTE: Recommenda- tions.>>  Inclusions.--The 
        evaluation under paragraph (1) may include--

[[Page 135 STAT. 866]]

                    ``(A) a recommendation regarding whether ARPA-I 
                should be continued;
                    ``(B) a recommendation regarding whether ARPA-I, or 
                the Department generally, should continue to allow 
                entities to submit unsolicited research proposals; and
                    ``(C) a description of--
                          ``(i) the lessons learned from the operation 
                      of ARPA-I; and
                          ``(ii) the manner in which those lessons may 
                      apply to the operation of other programs of the 
                      Department.
            ``(3) Availability.--On completion of the evaluation under 
        paragraph (1), the evaluation shall be made available to--
                    ``(A) Congress; and
                    ``(B) <<NOTE: Public information.>>  the public.

    ``(o) Protection of Information.--
            ``(1) In general.--Each type of information described in 
        paragraph (2) that is collected by ARPA-I from eligible entities 
        shall be considered to be--
                    ``(A) commercial and financial information obtained 
                from a person;
                    ``(B) privileged or confidential; and
                    ``(C) not subject to disclosure under section 
                552(b)(4) of title 5.
            ``(2) Description of types of information.--The types of 
        information referred to in paragraph (1) are--
                    ``(A) information relating to plans for 
                commercialization of technologies developed using 
                assistance provided under this section, including 
                business plans, technology-to-market plans, market 
                studies, and cost and performance models;
                    ``(B) information relating to investments provided 
                to an eligible entity from a third party (such as a 
                venture capital firm, a hedge fund, and a private equity 
                firm), including any percentage of ownership of an 
                eligible entity provided in return for such an 
                investment;
                    ``(C) information relating to additional financial 
                support that the eligible entity--
                          ``(i) plans to invest, or has invested, in the 
                      technology developed using assistance provided 
                      under this section; or
                          ``(ii) is seeking from a third party; and
                    ``(D) information relating to revenue from the 
                licensing or sale of a new product or service resulting 
                from research conducted using assistance provided under 
                this section.

    ``(p) Effect on Existing Authorities.--The authority provided by 
this section--
            ``(1) shall be in addition to any existing authority 
        provided to the Secretary; and
            ``(2) shall not supersede or modify any other existing 
        authority.

    ``(q) Funding.--
            ``(1) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary such sums as are necessary 
        to carry out this section.
            ``(2) Separate budget and appropriation.--
                    ``(A) Budget request.--The budget request for ARPA-I 
                shall be separate from the budget request of the 
                remainder of the Department.

[[Page 135 STAT. 867]]

                    ``(B) Appropriations.--The funding appropriated for 
                ARPA-I shall be separate and distinct from the funding 
                appropriated for the remainder of the Department.
            ``(3) Allocation.--Of the amounts made available for a 
        fiscal year under paragraph (1)--
                    ``(A) not less than 5 percent shall be used for 
                technology transfer and outreach activities--
                          ``(i) in accordance with the goal described in 
                      subsection (c)(2)(D); and
                          ``(ii) within the responsibilities of the 
                      program directors described in subsection 
                      (e)(2)(B)(viii); and
                    ``(B) <<NOTE: Time period.>>  none may be used for 
                the construction of any new building or facility during 
                the 5-year period beginning on the date of enactment of 
                the Surface Transportation Investment Act of 2021.''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 49, 
United States Code (as amended by section 21101(c)), <<NOTE: 49 USC 101 
prec.>>  is amended by adding at the end the following:

``119. Advanced Research Projects Agency-Infrastructure.''.

SEC. 25013. OPEN RESEARCH INITIATIVE.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 5506. <<NOTE: 49 USC 5506.>>  Advanced transportation 
                  research initiative

    ``(a) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) a State agency;
            ``(2) a local government agency;
            ``(3) an institution of higher education (as defined in 
        section 102 of the Higher Education Act of 1965 (20 U.S.C. 
        1002)), including a university transportation center established 
        under section 5505;
            ``(4) a nonprofit organization, including a nonprofit 
        research organization; and
            ``(5) a private sector organization working in collaboration 
        with an entity described in any of paragraphs (1) through (4).

    ``(b) Pilot Program.--The Secretary of Transportation (referred to 
in this section as the `Secretary') shall establish an advanced 
transportation research pilot program under which the Secretary--
            ``(1) shall establish a process for eligible entities to 
        submit to the Secretary unsolicited research proposals; and
            ``(2) may enter into arrangements with 1 or more eligible 
        entities to fund research proposed under paragraph (1), in 
        accordance with this section.

    ``(c) Eligible Research.--The Secretary may enter into an 
arrangement with an eligible entity under this section to fund research 
that--
            ``(1) addresses--
                    ``(A) a research need identified by--
                          ``(i) the Secretary; or
                          ``(ii) the Administrator of a modal 
                      administration of the Department of 
                      Transportation; or
                    ``(B) an issue that the Secretary determines to be 
                important; and
            ``(2) is not duplicative of--

[[Page 135 STAT. 868]]

                    ``(A) any other Federal research project; or
                    ``(B) any project for which funding is provided by 
                another Federal agency.

    ``(d) Project Review.--The Secretary shall--
            ``(1) review each research proposal submitted under the 
        pilot program established under subsection (b); and
            ``(2)(A) <<NOTE: Notices.>>  if funding is denied for the 
        research proposal--
                    ``(i) provide to the eligible entity that submitted 
                the proposal a written notice of the denial that, as 
                applicable--
                          ``(I) explains why the research proposal was 
                      not selected, including whether the research 
                      proposal fails to cover an area of need; and
                          ``(II) <<NOTE: Recommenda- tion.>>  recommends 
                      that the research proposal be submitted to another 
                      research program; and
                    ``(ii) if the Secretary recommends that the research 
                proposal be submitted to another research program under 
                clause (i)(II), provide guidance and direction to--
                          ``(I) the eligible entity; and
                          ``(II) the proposed research program office; 
                      or
                    ``(B) if the research proposal is selected for 
                funding--
                          ``(i) provide to the eligible entity that 
                      submitted the proposal a written notice of the 
                      selection; and
                          ``(ii) <<NOTE: Contracts.>>  seek to enter 
                      into an arrangement with the eligible entity to 
                      provide funding for the proposed research.

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

[[Page 135 STAT. 869]]

    ``(f) Review, Evaluation, and Report.--Not less frequently than 
biennially, in accordance with the plan developed under section 6503, 
the Secretary shall--
            ``(1) review and evaluate the pilot program established 
        under subsection (b), including the research carried out under 
        that pilot program; and
            ``(2) <<NOTE: Public information. Web posting.>>  make 
        public on a website of the Department of Transportation a report 
        describing the review and evaluation under paragraph (1).

    ``(g) Federal Share.--
            ``(1) In general.--The Federal share of the cost of an 
        activity carried out under this section shall not exceed 80 
        percent.
            ``(2) Non-federal share.--All costs directly incurred by the 
        non-Federal partners (including personnel, travel, facility, and 
        hardware development costs) shall be credited toward the non-
        Federal share of the cost of an activity carried out under this 
        section.

    ``(h) Limitation on Certain Expenses.--Of any amounts made available 
to carry out this section for a fiscal year, the Secretary may use not 
more than 1.5 percent for coordination, evaluation, and oversight 
activities under this section.
    ``(i) <<NOTE: Time period.>>  Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary to carry out 
this section $50,000,000 for each of fiscal years 2022 through 2026.''.

    (b) Clerical Amendment.--The analysis for subchapter I of chapter 55 
of title 49, United States Code, <<NOTE: 49 USC 5501 prec.>>  is amended 
by adding at the end the following:

``5506. Advanced transportation research initiative.''.

SEC. 25014. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR 
                            STRATEGIC PLAN.

    Section 6503 of title 49, United States Code, is amended--
            (1) <<NOTE: Deadline.>>  in subsection (a), by striking 
        ``The Secretary'' and inserting ``Not later than 180 days after 
        the date of publication of the Department of Transportation 
        Strategic Plan and not less frequently than once every 5 years 
        thereafter, the Secretary'';
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``The strategic'' and inserting ``Each 
        strategic'';
            (3) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``The strategic'' and inserting ``Each 
                strategic''; and
                    (B) in paragraph (1)--
                          (i) in subparagraph (E), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (F), by adding ``and'' 
                      after the semicolon at the end; and
                          (iii) by adding at the end the following:
                    ``(G) reducing transportation cybersecurity 
                risks;'';
            (4) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``the strategic'' and inserting ``each 
                strategic''; and
                    (B) in paragraph (4), by striking ``2016'' and 
                inserting ``2021, and not less frequently than once 
                every 5 years thereafter''; and
            (5) by striking subsection (e).

[[Page 135 STAT. 870]]

SEC. 25015. RESEARCH PLANNING MODIFICATIONS.

    (a) Annual Modal Research Plans.--Section 6501 of title 49, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than June 
        1 of each year, the head of each modal administration and joint 
        program office of the Department of Transportation shall prepare 
        and submit to the Assistant Secretary for Research and 
        Technology of the Department of Transportation (referred to in 
        this chapter as the `Assistant Secretary')--
                    ``(A) a comprehensive annual modal research plan for 
                the following fiscal year; and
                    ``(B) a detailed outlook for the fiscal year 
                thereafter.'';
                    (B) in paragraph (2), by inserting ``prepared or'' 
                before ``submitted'';
                    (C) by redesignating paragraph (2) as paragraph (3); 
                and
                    (D) by inserting after paragraph (1) the following:
            ``(2) Requirements.--Each plan under paragraph (1) shall 
        include--
                    ``(A) a general description of the strategic goals 
                of the Department that are addressed by the research 
                programs being carried out by the Assistant Secretary or 
                modal administration, as applicable;
                    ``(B) a description of each proposed research 
                program, as described in the budget request submitted by 
                the Secretary of Transportation to the President under 
                section 1108 of title 31 for the following fiscal year, 
                including--
                          ``(i) the major objectives of the program; and
                          ``(ii) the requested amount of funding for 
                      each program and area;
                    ``(C) <<NOTE: List.>>  a list of activities the 
                Assistant Secretary or modal administration plans to 
                carry out under the research programs described in 
                subparagraph (B);
                    ``(D) <<NOTE: Assessment.>>  an assessment of the 
                potential impact of the research programs described in 
                subparagraph (B), including--
                          ``(i) potential outputs, outcomes, and impacts 
                      on technologies and practices used by entities 
                      subject to the jurisdiction of the modal 
                      administration;
                          ``(ii) potential effects on applicable 
                      regulations of the modal administration, including 
                      the modification or modernization of those 
                      regulations;
                          ``(iii) potential economic or societal 
                      impacts; and
                          ``(iv) progress made toward achieving 
                      strategic goals of--
                                    ``(I) the applicable modal 
                                administration; or
                                    ``(II) the Department of 
                                Transportation;
                    ``(E) a description of potential partnerships to be 
                established to conduct the research program, including 
                partnerships with--
                          ``(i) institutions of higher education; and
                          ``(ii) private sector entities; and
                    ``(F) such other requirements as the Assistant 
                Secretary considers to be necessary.'';

[[Page 135 STAT. 871]]

            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``by the head of a modal 
                      administration or joint program office'' after 
                      ``submitted''; and
                          (ii) in subparagraph (B), by striking clause 
                      (ii) and inserting the following:
                          ``(ii) request that the plan and outlook be--
                                    ``(I) revised in accordance with 
                                such suggestions as the Assistant 
                                Secretary shall include to ensure 
                                conformity with the criteria described 
                                in paragraph (2); and
                                    ``(II) resubmitted to the Assistant 
                                Secretary for approval.'';
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Criteria.--In conducting a review under paragraph 
        (1)(A), the Assistant Secretary shall, with respect to the modal 
        research plan that is the subject of the review--
                    ``(A) take into consideration whether--
                          ``(i) <<NOTE: Plan.>>  the plan contains 
                      research objectives that are consistent with the 
                      strategic research and policy objectives of the 
                      Department of Transportation included in the 
                      strategic plan required under section 6503; and
                          ``(ii) the research programs described in the 
                      plan have the potential to benefit the safety, 
                      mobility, and efficiency of the United States 
                      transportation system;
                    ``(B) identify and evaluate any potential 
                opportunities for collaboration between or among modal 
                administrations with respect to particular research 
                programs described in the plan;
                    ``(C) identify and evaluate whether other modal 
                administrations may be better suited to carry out the 
                research programs described in the plan;
                    ``(D) <<NOTE: Assessment.>>  assess whether any 
                projects described in the plan are--
                          ``(i) duplicative across modal 
                      administrations; or
                          ``(ii) unnecessary; and
                    ``(E) take into consideration such other criteria as 
                the Assistant Secretary determines to be necessary.''; 
                and
                    (D) by adding at the end the following:
            ``(5) Savings clause.--Nothing in this subsection limits the 
        ability of the head of a modal administration to comply with 
        applicable law.''; and
            (3) in subsection (c), in the matter preceding paragraph 
        (1), by striking ``subsection (b)(3)'' and inserting 
        ``subsection (b)(4).

    (b) Consolidated Research Database.--Section 6502(a) of title 49, 
United States Code, is amended by striking the subsection designation 
and heading and all that follows through subparagraph (B) of paragraph 
(2) and inserting the following:
    ``(a) Research Abstract Database.--
            ``(1) <<NOTE: Deadline. Review. Public information.>>  
        Submission.--Not later than September 1 of each year, the head 
        of each modal administration and joint program office of the 
        Department of Transportation shall submit to the Assistant 
        Secretary, for review and public posting, a description

[[Page 135 STAT. 872]]

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

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

    ``(a) <<NOTE: Deadline. Time period.>>  Review.--Not later than 
December 31, 2021, and not less frequently than once every 5 years 
thereafter, in concurrence with the applicable strategic plan under 
section 6503, the Secretary of Transportation shall--
            ``(1) conduct a review of research conducted by the 
        Department of Transportation; and
            ``(2) to the maximum extent practicable and appropriate, 
        identify modifications to laws, regulations, guidance, and other 
        policy documents to incorporate any innovations resulting from 
        the research described in paragraph (1) that have the potential 
        to improve the safety or efficiency of the United States 
        transportation system.

    ``(b) Requirements.--In conducting a review under subsection (a), 
the Secretary of Transportation shall--
            ``(1) identify any innovative practices, materials, or 
        technologies that have demonstrable benefits to the 
        transportation system;

[[Page 135 STAT. 873]]

            ``(2) <<NOTE: Determination.>>  determine whether the 
        practices, materials, or technologies described in paragraph (1) 
        require any statutory or regulatory modifications for adoption; 
        and
            ``(3)(A) if modifications are determined to be required 
        under paragraph (2), develop--
                    ``(i) <<NOTE: Proposal.>>  a proposal for those 
                modifications; and
                    ``(ii) a description of the manner in which any such 
                regulatory modifications would be--
                          ``(I) incorporated into the Unified Regulatory 
                      Agenda; or
                          ``(II) adopted into existing regulations as 
                      soon as practicable; or
            ``(B) if modifications are determined not to be required 
        under paragraph (2), develop a description of the means by which 
        the practices, materials, or technologies described in paragraph 
        (1) will otherwise be incorporated into Department of 
        Transportation or modal administration policy or guidance, 
        including as part of the Technology Transfer Program of the 
        Office of the Assistant Secretary for Research and Technology.

    ``(c) Report.--On completion of each review under subsection (a), 
the Secretary of Transportation shall submit to the appropriate 
committees of Congress a report describing, with respect to the period 
covered by the report--
            ``(1) each new practice, material, or technology identified 
        under subsection (b)(1); and
            ``(2) any statutory or regulatory modification for the 
        adoption of such a practice, material, or technology that--
                    ``(A) is determined to be required under subsection 
                (b)(2); or
                    ``(B) was otherwise made during that period.''.

    (b) Clerical Amendment.--The analysis for chapter 65 of title 49, 
United States Code, <<NOTE: 49 USC 6501 prec.>>  is amended by adding at 
the end the following:

``6504. Incorporation of Department of Transportation research.''.

SEC. 25017. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.

    Section 5505 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``of 
                Transportation, acting through the Assistant Secretary 
                for Research and Technology (referred to in this section 
                as the `Secretary'),'' after ``The Secretary''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (B), by inserting 
                      ``multimodal'' after ``critical''; and
                          (ii) in subparagraph (C), by inserting ``with 
                      respect to the matters described in subparagraphs 
                      (A) through (G) of section 6503(c)(1)'' after 
                      ``transportation leaders'';
            (2) in subsection (b)--
                    (A) in paragraph (2)(A), by striking ``for each of 
                the transportation centers described under paragraphs 
                (2), (3), and (4) of subsection (c)'' and inserting ``as 
                a lead institution under this section, except as 
                provided in subparagraph (B)'';
                    (B) in paragraph (4)--

[[Page 135 STAT. 874]]

                          (i) in subparagraph (A), by striking 
                      ``identified in chapter 65'' and inserting 
                      ``described in subparagraphs (A) through (G) of 
                      section 6503(c)(1)''; and
                          (ii) in subparagraph (B), in the matter 
                      preceding clause (i), by striking ``the Assistant 
                      Secretary'' and all that follows through ``modal 
                      administrations'' and inserting ``the heads of the 
                      modal administrations of the Department of 
                      Transportation,''; and
                    (C) in paragraph (5)(B), in the matter preceding 
                clause (i), by striking ``submit'' and all that follows 
                through ``of the Senate'' and inserting ``make available 
                to the public on a website of the Department of 
                Transportation'';
            (3) in subsection (c)(3)(E)--
                    (A) by inserting ``, including the cybersecurity 
                implications of technologies relating to connected 
                vehicles, connected infrastructure, and autonomous 
                vehicles'' after ``autonomous vehicles''; and
                    (B) by striking ``The Secretary'' and inserting the 
                following:
                          ``(i) <<NOTE: Research and development.>>  In 
                      general.--A regional university transportation 
                      center receiving a grant under this paragraph 
                      shall carry out research focusing on 1 or more of 
                      the matters described in subparagraphs (A) through 
                      (G) of section 6503(c)(1).
                          ``(ii) Focused objectives.--The Secretary''; 
                      and
            (4) in subsection (d)--
                    (A) in paragraph (2)--
                          (i) in the paragraph heading, by striking 
                      ``Annual review'' and inserting ``Review'';
                          (ii) in the matter preceding subparagraph (A), 
                      by striking ``annually'' and inserting 
                      ``biennially''; and
                          (iii) in subparagraph (B), by striking 
                      ``submit'' and all that follows through ``of the 
                      Senate'' and inserting ``make available to the 
                      public on a website of the Department of 
                      Transportation''; and
                    (B) in paragraph (3), by striking ``2016 through 
                2020'' and inserting ``2022 through 2026''.
SEC. 25018. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC 
                            PLAN.

    (a) In General.--Section 1431(e) of the FAST Act (49 U.S.C. 301 
note; Public Law 114-94) is amended--
            (1) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) though (G), respectively, and indenting 
        appropriately;
            (2) in the matter preceding subparagraph (A) (as so 
        redesignated)--
                    (A) by striking ``Not later than 3 years after the 
                date of enactment of this Act'' and inserting ``Not 
                later than 180 days after the date of enactment of the 
                Surface Transportation Investment Act of 2021''; and
                    (B) by striking ``plan that includes'' and inserting 
                the following: ``plan--
            ``(1) <<NOTE: Recommenda- tions.>>  to develop an immediate-
        term and long-term strategy, including policy recommendations 
        across all modes of transportation, for the Department and other 
        agencies to use infrastructure investments to revive the travel 
        and tourism industry

[[Page 135 STAT. 875]]

        and the overall travel and tourism economy in the wake of the 
        Coronavirus Disease 2019 (COVID-19) pandemic; and
            ``(2) that includes''; and
            (3) in paragraph (2) (as so redesignated)--
                    (A) in subparagraph (A) (as so redesignated), by 
                inserting ``, including consideration of the impacts of 
                the COVID-19 pandemic'' after ``network'';
                    (B) in subparagraph (D) (as so redesignated), by 
                inserting ``of regional significance'' after 
                ``corridors'';
                    (C) in subparagraph (F) (as so redesignated), by 
                striking ``and'' at the end;
                    (D) in subparagraph (G) (as so redesignated), by 
                striking the period at the end and inserting ``; and''; 
                and
                    (E) by adding at the end the following:
                    ``(H) an identification of possible infrastructure 
                investments that create recovery opportunities for 
                small, underserved, minority, and rural businesses in 
                the travel and tourism industry, including efforts to 
                preserve and protect the scenic, but often less-
                traveled, roads that promote tourism and economic 
                development throughout the United States.''.

    (b) Chief Travel and Tourism Officer.--Section 102 of title 49, 
United States Code, is amended by striking subsection (i) (as 
redesignated by section 25009(a)(3)) and inserting the following:
    ``(i) Chief Travel and Tourism Officer.--
            ``(1) Establishment.--There is established in the Office of 
        the Secretary of Transportation a position, to be known as the 
        `Chief Travel and Tourism Officer'.
            ``(2) Duties.--The Chief Travel and Tourism Officer shall 
        collaborate with the Assistant Secretary for Aviation and 
        International Affairs to carry out--
                    ``(A) the National Travel and Tourism Infrastructure 
                Strategic Plan under section 1431(e) of Public Law 114-
                94 (49 U.S.C. 301 note); and
                    ``(B) other travel- and tourism-related matters 
                involving the Department of Transportation.''.
SEC. 25019. <<NOTE: 23 USC 114 note.>>  LOCAL HIRING PREFERENCE 
                            FOR CONSTRUCTION JOBS.

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

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

[[Page 135 STAT. 876]]

            (1) to ensure preapprenticeship programs are established and 
        implemented to meet the needs of employers in transportation and 
        transportation infrastructure construction industries, including 
        with respect to the formal connection of the preapprenticeship 
        programs to registered apprenticeship programs;
            (2) to address barriers to employment (within the meaning of 
        the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et 
        seq.)) in transportation and transportation infrastructure 
        construction industries for--
                    (A) individuals who are former offenders (as defined 
                in section 3 of the Workforce Innovation and Opportunity 
                Act (29 U.S.C. 3102));
                    (B) individuals with a disability (as defined in 
                section 3 of the Americans with Disabilities Act of 1990 
                (42 U.S.C. 12102)); and
                    (C) individuals that represent populations that are 
                traditionally underrepresented in the workforce; and
            (3) to encourage a recipient or subrecipient implementing a 
        local or other geographical or economic hiring preference 
        pursuant to subsection (a)(1) to establish, in coordination with 
        nonprofit organizations that represent employees, outreach and 
        support programs that increase diversity within the workforce, 
        including expanded participation from individuals described in 
        subparagraphs (A) through (C) of paragraph (2).

    (c) <<NOTE: Deadline. Web posting.>>  Model Plan.--Not later than 1 
year after the date of submission of the report under subsection (b), 
the Secretary shall establish, and publish on the website of the 
Department, a model plan for use by States, units of local government, 
and private sector entities to address the issues described in that 
subsection.
SEC. 25020. TRANSPORTATION WORKFORCE DEVELOPMENT.

    (a) <<NOTE: Contracts.>>  Assessment.--The Secretary shall enter 
into an arrangement with the National Academy of Sciences under which 
the National Academy shall develop and submit to the Secretary a 
workforce needs assessment that--
            (1) addresses--
                    (A) the education and recruitment of technical 
                workers for the intelligent transportation technologies 
                and systems industry;
                    (B) the development of a workforce skilled in 
                various types of intelligent transportation 
                technologies, components, infrastructure, and equipment, 
                including with respect to--
                          (i) installation;
                          (ii) maintenance;
                          (iii) manufacturing;
                          (iv) operations, including data analysis and 
                      review; and
                          (v) cybersecurity; and
                    (C) barriers to employment in the intelligent 
                transportation technologies and systems industry for--
                          (i) individuals who are former offenders (as 
                      defined in section 3 of the Workforce Innovation 
                      and Opportunity Act (29 U.S.C. 3102));

[[Page 135 STAT. 877]]

                          (ii) individuals with a disability (as defined 
                      in section 3 of the Americans with Disabilities 
                      Act of 1990 (42 U.S.C. 12102)); and
                          (iii) individuals that represent populations 
                      that are traditionally underrepresented in the 
                      workforce; and
            (2) <<NOTE: Recommenda- tions.>>  includes recommendations 
        relating to the issues described in paragraph (1).

    (b) Working Group.--
            (1) Establishment.--The Secretary shall establish a working 
        group, to be composed of--
                    (A) the Secretary of Energy;
                    (B) the Secretary of Labor; and
                    (C) the heads of such other Federal agencies as the 
                Secretary determines to be necessary.
            (2) Implementation plan.--
                    (A) In general.--The working group established under 
                paragraph (1) shall develop an intelligent 
                transportation technologies and systems industry 
                workforce development implantation plan.
                    (B) Requirements.--The implementation plan under 
                subparagraph (A) shall address any issues and 
                recommendations included in the needs assessment under 
                subsection (a), taking into consideration a whole-of-
                government approach with respect to--
                          (i) using registered apprenticeship and 
                      preapprenticeship programs; and
                          (ii) re-skilling workers who may be interested 
                      in working within the intelligent transportation 
                      technologies and systems industry.
            (3) Submission to congress.--Not later than 1 year after the 
        date of receipt of the needs assessment under subsection (a), 
        the Secretary shall submit to Congress the implementation plan 
        developed under paragraph (2).
            (4) Termination.--The working group established under 
        paragraph (1) shall terminate on the date on which the 
        implementation plan developed under paragraph (2) is submitted 
        to Congress under paragraph (3).

    (c) Transportation Workforce Outreach Program.--
            (1) In general.--Subchapter I of chapter 55 of title 49, 
        United States Code (as amended by section 25013(a)), is amended 
        by adding at the end the following:
``Sec. 5507. <<NOTE: 49 USC 5507.>>  Transportation workforce 
                  outreach program

    ``(a) <<NOTE: Public information. Time period.>>  In General.--The 
Secretary of Transportation (referred to in this section as the 
`Secretary') shall establish and administer a transportation workforce 
outreach program, under which the Secretary shall carry out a series of 
public service announcement campaigns during each of fiscal years 2022 
through 2026.

    ``(b) Purposes.--The purpose of the campaigns carried out under the 
program under this section shall be--
            ``(1) to increase awareness of career opportunities in the 
        transportation sector, including aviation pilots, safety 
        inspectors, mechanics and technicians, air traffic controllers, 
        flight attendants, truck and bus drivers, engineers, transit 
        workers, railroad workers, and other transportation 
        professionals; and

[[Page 135 STAT. 878]]

            ``(2) to target awareness of professional opportunities in 
        the transportation sector to diverse segments of the population, 
        including with respect to race, sex, ethnicity, ability 
        (including physical and mental ability), veteran status, and 
        socioeconomic status.

    ``(c) Advertising.--The Secretary may use, or authorize the use of, 
amounts made available to carry out the program under this section for 
the development, production, and use of broadcast, digital, and print 
media advertising and outreach in carrying out a campaign under this 
section.
    ``(d) <<NOTE: Time period.>>  Funding.--The Secretary may use to 
carry out this section any amounts otherwise made available to the 
Secretary, not to exceed $5,000,000, for each of fiscal years 2022 
through 2026.''.
            (2) Clerical amendment.--The analysis for subchapter I of 
        chapter 55 of title 49, United States Code (as amended by 
        section 25013(b)), <<NOTE: 49 USC 5501 prec.>>  is amended by 
        adding at the end the following:

``5507. Transportation workforce outreach program.''.

SEC. 25021. INTERMODAL TRANSPORTATION ADVISORY BOARD REPEAL.

    (a) In General.--Section 5502 of title 49, United States Code, is 
repealed.
    (b) Clerical Amendment.--The analysis for subchapter I of chapter 55 
of title 49, United States Code, <<NOTE: 49 USC 5501 prec.>>  is amended 
by striking the item relating to section 5502.
SEC. 25022. <<NOTE: 49 USC 301 note.>>  GAO CYBERSECURITY 
                            RECOMMENDATIONS.

    (a) <<NOTE: Deadline. Updates.>>  Cybersecurity Risk Management.--
Not later than 3 years after the date of enactment of this Act, the 
Secretary shall implement the recommendation for the Department made by 
the Comptroller General of the United States in the report entitled 
``Cybersecurity: Agencies Need to Fully Establish Risk Management 
Programs and Address Challenges'', numbered GAO-19-384, and dated July 
2019--
            (1) <<NOTE: Strategy.>>  by developing a cybersecurity risk 
        management strategy for the systems and information of the 
        Department;
            (2) by updating policies to address an organization-wide 
        risk assessment; and
            (3) by updating the processes for coordination between 
        cybersecurity risk management functions and enterprise risk 
        management functions.

    (b) <<NOTE: Deadline.>>  Work Roles.--Not later than 3 years after 
the date of enactment of this Act, the Secretary shall implement the 
recommendation of the Comptroller General of the United States in the 
report entitled ``Cybersecurity Workforce: Agencies Need to Accurately 
Categorize Positions to Effectively Identify Critical Staffing Needs'', 
numbered GAO-19-144, and dated March 2019, by--
            (1) <<NOTE: Review.>>  reviewing positions in the 
        Department; and
            (2) assigning appropriate work roles in accordance with the 
        National Initiative for Cybersecurity Education Cybersecurity 
        Workforce Framework.

    (c) GAO Review.--
            (1) <<NOTE: Examination.>>  Report.--Not later than 18 
        months after the date of enactment of this Act, the Comptroller 
        General of the United States shall submit to the Committee on 
        Commerce, Science,

[[Page 135 STAT. 879]]

        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that examines the approach of the 
        Department to managing cybersecurity for the systems and 
        information of the Department.
            (2) <<NOTE: Evaluation.>>  Contents.--The report under 
        paragraph (1) shall include an evaluation of--
                    (A) the roles, responsibilities, and reporting 
                relationships of the senior officials of the Department 
                with respect to cybersecurity at the components of the 
                Department;
                    (B) the extent to which officials of the 
                Department--
                          (i) establish requirements for, share 
                      information with, provide resources to, and 
                      monitor the performance of managers with respect 
                      to cybersecurity within the components of the 
                      Department; and
                          (ii) hold managers accountable for 
                      cybersecurity within the components of the 
                      Department; and
                    (C) other aspects of cybersecurity, as the 
                Comptroller General of the United States determines to 
                be appropriate.
SEC. 25023. <<NOTE: 49 USC 330 note.>>  VOLPE OVERSIGHT.

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

    (b) GAO Review.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years 
        after the date of enactment of this Act, the Comptroller General 
        of the United States shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that examines the surface 
        transportation activities at the Volpe Center.
            (2) <<NOTE: Evaluation.>>  Contents.--The report under 
        paragraph (1) shall include an evaluation of--
                    (A) the amount of Department funding provided to the 
                Volpe Center, as compared to other Federal and non-
                Federal research partners;
                    (B) the process used by the Department to determine 
                whether to work with the Volpe Center, as compared to 
                any other Federal or non-Federal research partner;
                    (C) the extent to which the Department is 
                collaborating with the Volpe Center to address research 
                needs relating to emerging issues; and
                    (D) whether the operation of the Volpe Center is 
                duplicative of other public or private sector efforts.
SEC. 25024. MODIFICATIONS TO GRANT PROGRAM.

    Section 1906 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-
59) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;

[[Page 135 STAT. 880]]

                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) developing and implementing programs, public outreach, 
        and training to reduce the impact of traffic stops described in 
        subsection (a)(1).'';
            (2) by striking subsection (c) and inserting the following:

    ``(c) Maximum Amount.--The total amount provided to a State under 
this section in any fiscal year may not exceed--
            ``(1) for a State described in subsection (a)(1), 10 percent 
        of the amount made available to carry out this section in that 
        fiscal year; and
            ``(2) for a State described in subsection (a)(2), 5 percent 
        of the amount made available to carry out this section in that 
        fiscal year.''; and
            (3) in subsection (d)--
                    (A) by striking ``$7,500,000 for each of fiscal 
                years 2017 through 2020'' and inserting ``$11,500,000 
                for each fiscal year'';
                    (B) by redesignating paragraph (3) as paragraph (4); 
                and
                    (C) by inserting after paragraph (2) the following:
            ``(3) Technical assistance.--The Secretary may allocate not 
        more than 10 percent of the amount made available to carry out 
        this section in a fiscal year to provide technical assistance to 
        States to carry out activities under this section.''.
SEC. 25025. DRUG-IMPAIRED DRIVING DATA COLLECTION.

    Not <<NOTE: Consultation. Reports.>>  later than 2 years after the 
date of enactment of this Act, the Secretary, in consultation with the 
heads of appropriate Federal agencies, State highway safety offices, 
State toxicologists, traffic safety advocates, and other interested 
parties, shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that, in 
accordance with the document entitled ``Recommendations for 
Toxicological Investigations of Drug-Impaired Driving and Motor Vehicle 
Fatalities--2017 Update'' (and subsequent updates to that document)--
            (1) identifies any barriers that States encounter in 
        submitting alcohol and drug toxicology results to the Fatality 
        Analysis Reporting System;
            (2) <<NOTE: Recommenda- tions.>>  provides recommendations 
        on how to address the barriers identified pursuant to paragraph 
        (1); and
            (3) describes steps that the Secretary, acting through the 
        Administrator of the National Highway Traffic Safety 
        Administration, will take to assist States in improving--
                    (A) toxicology testing in cases of motor vehicle 
                crashes; and
                    (B) the reporting of alcohol and drug toxicology 
                results in cases of motor vehicle crashes.
SEC. 25026. REPORT ON MARIJUANA RESEARCH.

    (a) Definition of Marijuana.--In this section, the term 
``marijuana'' has the meaning given the term in section 4008(d) of the 
FAST Act (Public Law 114-94; 129 Stat. 1511).
    (b) <<NOTE: Consultation. Public information. Web 
posting. Recommenda- tions.>>  Report.--Not later than 2 years after the 
date of enactment of this Act, the Secretary, in consultation with the 
Attorney General and the Secretary of Health and Human Services, shall 
submit

[[Page 135 STAT. 881]]

to the Committees on Commerce, Science, and Transportation and the 
Judiciary of the Senate and the Committees on Transportation and 
Infrastructure and the Judiciary of the House of Representatives, and 
make publicly available on the website of the Department, a report 
that--
            (1) describes methods for, and contains recommendations with 
        respect to--
                    (A) increasing and improving, for scientific 
                researchers studying impairment while driving under the 
                influence of marijuana, access to samples and strains of 
                marijuana and products containing marijuana that are 
                lawfully available to patients or consumers in a State 
                on a retail basis;
                    (B) establishing a national clearinghouse to collect 
                and distribute samples and strains of marijuana for 
                scientific research that includes marijuana and products 
                containing marijuana lawfully available to patients or 
                consumers in a State on a retail basis; and
                    (C) facilitating, for scientific researchers located 
                in States that have not legalized marijuana for medical 
                or recreational use, access to samples and strains of 
                marijuana and products containing marijuana from the 
                clearinghouse described in subparagraph (B) for purposes 
                of research on marijuana-impaired driving; and
            (2) identifies, and contains recommendations for addressing, 
        Federal statutory and regulatory barriers to--
                    (A) the conduct of scientific research on marijuana-
                impaired driving; and
                    (B) the establishment of a national clearinghouse 
                for purposes of facilitating research on marijuana-
                impaired driving.
SEC. 25027. <<NOTE: Reports.>>  GAO STUDY ON IMPROVING THE 
                            EFFICIENCY OF TRAFFIC SYSTEMS.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall carry out, and submit to 
Congress a report describing the results of, a study on the potential 
societal benefits of improving the efficiency of traffic systems.

                      TITLE VI--HAZARDOUS MATERIALS

SEC. 26001. <<NOTE: Time period.>>  AUTHORIZATION OF 
                            APPROPRIATIONS.

    Section 5128 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5128. Authorization of appropriations

    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this chapter (except sections 5107(e), 
5108(g)(2), 5113, 5115, 5116, and 5119)--
            ``(1) $67,000,000 for fiscal year 2022;
            ``(2) $68,000,000 for fiscal year 2023;
            ``(3) $69,000,000 for fiscal year 2024;
            ``(4) $70,000,000 for fiscal year 2025; and
            ``(5) $71,000,000 for fiscal year 2026.

[[Page 135 STAT. 882]]

    ``(b) Hazardous Materials Emergency Preparedness Fund.--From the 
Hazardous Materials Preparedness Fund established under section 5116(h), 
the Secretary may expend, for each of fiscal years 2022 through 2026--
            ``(1) $39,050,000 to carry out section 5116(a);
            ``(2) $150,000 to carry out section 5116(e);
            ``(3) $625,000 to publish and distribute the Emergency 
        Response Guidebook under section 5116(h)(3); and
            ``(4) $2,000,000 to carry out section 5116(i).

    ``(c) Hazardous Materials Training Grants.--From the Hazardous 
Materials Emergency Preparedness Fund established pursuant to section 
5116(h), the Secretary may expend $5,000,000 for each of fiscal years 
2022 through 2026 to carry out section 5107(e).
    ``(d) Community Safety Grants.--Of the amounts made available under 
subsection (a) to carry out this chapter, the Secretary shall withhold 
$4,000,000 for each of fiscal years 2022 through 2026 to carry out 
section 5107(i).
    ``(e) Credits to Appropriations.--
            ``(1) Expenses.--In addition to amounts otherwise made 
        available to carry out this chapter, the Secretary may credit 
        amounts received from a State, Indian tribe, or other public 
        authority or private entity for expenses the Secretary incurs in 
        providing training to the State, Indian tribe, authority or 
        entity.
            ``(2) Availability of amounts.--Amounts made available under 
        this section shall remain available until expended.''.
SEC. 26002. ASSISTANCE FOR LOCAL EMERGENCY RESPONSE TRAINING GRANT 
                            PROGRAM.

    Section 5116 of title 49, United States Code, is amended--
            (1) in subsection (j), in the second sentence of the matter 
        preceding paragraph (1), by striking ``subsection (i)'' and 
        inserting ``subsections (i) and (j)'';
            (2) by redesignating subsection (j) as subsection (k); and
            (3) by inserting after subsection (i) the following:

    ``(j) Alert Grant Program.--
            ``(1) Assistance for local emergency response training.--The 
        Secretary shall establish a grant program to make grants to 
        eligible entities described in paragraph (2)--
                    ``(A) to develop a hazardous materials response 
                training curriculum for emergency responders, including 
                response activities for the transportation of crude oil, 
                ethanol, and other flammable liquids by rail, consistent 
                with the standards of the National Fire Protection 
                Association; and
                    ``(B) to make the training described in subparagraph 
                (A) available in an electronic format.
            ``(2) Eligible entities.--An eligible entity referred to in 
        paragraph (1) is a nonprofit organization that--
                    ``(A) represents first responders or public 
                officials responsible for coordinating disaster 
                response; and
                    ``(B) is able to provide direct or web-based 
                training to individuals responsible for responding to 
                accidents and incidents involving hazardous materials.
            ``(3) Funding.--
                    ``(A) In general.--To carry out the grant program 
                under paragraph (1), the Secretary may use, for each 
                fiscal year, any amounts recovered during such fiscal 
                year from

[[Page 135 STAT. 883]]

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

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

[[Page 135 STAT. 884]]

                      TITLE VII--GENERAL PROVISIONS

SEC. 27001. <<NOTE: 49 USC 301 note.>>  PERFORMANCE MEASUREMENT, 
                            TRANSPARENCY, AND ACCOUNTABILITY.

     For each grant awarded under this Act, or an amendment made by this 
Act, the Secretary may--
            (1) develop metrics to assess the effectiveness of the 
        activities funded by the grant;
            (2) establish standards for the performance of the 
        activities funded by the grant that are based on the metrics 
        developed under paragraph (1); and
            (3) not later than the date that is 4 years after the date 
        of the initial award of the grant and every 2 years thereafter 
        until the date on which Federal financial assistance is 
        discontinued for the applicable activity, conduct an assessment 
        of the activity funded by the grant to confirm whether the 
        performance is meeting the standards for performance established 
        under paragraph (2).
SEC. 27002. COORDINATION REGARDING FORCED LABOR.

    The Secretary shall coordinate with the Commissioner of U.S. Customs 
and Border Protection to ensure that no illegal products or materials 
produced with forced labor are procured with funding made available 
under this Act.
SEC. 27003. DEPARTMENT OF TRANSPORTATION SPECTRUM AUDIT.

    (a) Audit and Report.--Not later than 18 months after the date of 
enactment of this Act, the Assistant Secretary of Commerce for 
Communications and Information and the Secretary shall jointly--
            (1) conduct an audit of the electromagnetic spectrum that is 
        assigned or otherwise allocated to the Department as of the date 
        of the audit; and
            (2) submit to Congress, and make available to each Member of 
        Congress upon request, a report containing the results of the 
        audit conducted under paragraph (1).

    (b) Contents of Report.--The Assistant Secretary of Commerce for 
Communications and Information and the Secretary shall include in the 
report submitted under subsection (a)(2), with respect to the 
electromagnetic spectrum that is assigned or otherwise allocated to the 
Department as of the date of the audit--
            (1) each particular band of spectrum being used by the 
        Department;
            (2) a description of each purpose for which a particular 
        band described in paragraph (1) is being used, and how much of 
        the band is being used for that purpose;
            (3) the State or other geographic area in which a particular 
        band described in paragraph (1) is assigned or allocated for 
        use;
            (4) whether a particular band described in paragraph (1) is 
        used exclusively by the Department or shared with another 
        Federal entity or a non-Federal entity; and
            (5) any portion of the spectrum that is not being used by 
        the Department.

    (c) Form of Report.--The report required under subsection (a)(2) 
shall be submitted in unclassified form but may include a classified 
annex.

[[Page 135 STAT. 885]]

SEC. 27004. STUDY AND REPORTS ON THE TRAVEL AND TOURISM ACTIVITIES 
                            OF THE DEPARTMENT.

    (a) Study.--
            (1) In general.--The Secretary shall conduct a study 
        (referred to in this section as the ``study'') on the travel and 
        tourism activities within the Department.
            (2) Requirement.--The study shall evaluate how the 
        Department evaluates travel and tourism needs or criteria in 
        considering applications for grants under the grant programs of 
        the Department.

    (b) Report of the Secretary.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the results of the study, which shall include--
            (1) an identification of how the Department currently 
        evaluates travel and tourism needs or criteria in considering 
        applications for grants under the grant programs of the 
        Department;
            (2) a description of any actions that the Department will 
        take to improve the evaluation of tourism- and travel-related 
        criteria in considering applications for grants under those 
        grant programs; and
            (3) <<NOTE: Recommenda- tions.>>  recommendations as to any 
        statutory or regulatory changes that may be required to enhance 
        the consideration by the Department of travel and tourism needs 
        or criteria in considering applications for grants under those 
        grant programs.

    (c) GAO Assessment and Report.--
            (1) Assessment.--The Comptroller General of the United 
        States shall conduct an assessment of the existing resources of 
        the Department used to conduct travel- and tourism-related 
        activities, including the consideration of travel and tourism 
        needs or criteria in considering applications for grants under 
        the grant programs of the Department, in order to identify--
                    (A) any resources needed by the Department; and
                    (B) any barriers to carrying out those activities.
            (2) <<NOTE: Assessments.>>  Report.--Not later than 18 
        months after the date of enactment of this Act, the Comptroller 
        General of the United States shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report on the assessment conducted under 
        paragraph (1), which shall include--
                    (A) <<NOTE: Recommenda- tions.>>  recommendations 
                for improving the evaluation and consideration by the 
                Department of travel and tourism with respect to the 
                discretionary grant programs of the Department;
                    (B) an assessment of the resources needed to carry 
                out the tourism- and travel-related activities of the 
                Department;
                    (C) an assessment of any barriers to carrying out 
                activities relating to travel and tourism; and
                    (D) <<NOTE: Recommenda- tions.>>  recommendations 
                for improving the ability of the Department to carry out 
                activities relating to travel and

[[Page 135 STAT. 886]]

                tourism, which may include proposed statutory or 
                regulatory changes that may be needed to facilitate 
                those activities.

   TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

SEC. 28001. SPORT FISH RESTORATION AND RECREATIONAL BOATING 
                            SAFETY.

    (a) Division of Annual Appropriations.--
            (1) In general.--Section 4 of the Dingell-Johnson Sport Fish 
        Restoration Act (16 U.S.C. 777c) is amended--
                    (A) in subsection (a), by striking ``2021'' and 
                inserting ``2026'';
                    (B) in subsection (b)--
                          (i) in paragraph (1)--
                                    (I) in subparagraph (A), by striking 
                                ``2021'' and inserting ``2026''; and
                                    (II) by striking subparagraph (B) 
                                and inserting the following:
                    ``(B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          ``(i) for the fiscal year that includes the 
                      date of enactment of the Surface Transportation 
                      Reauthorization Act of 2021, the sum obtained by 
                      adding--
                                    ``(I) the available amount specified 
                                in this subparagraph for the preceding 
                                fiscal year; and
                                    ``(II) $979,500; and
                          ``(ii) for each fiscal year thereafter, the 
                      sum obtained by adding--
                                    ``(I) the available amount specified 
                                in this subparagraph for the preceding 
                                fiscal year; and
                                    ``(II) the product obtained by 
                                multiplying--
                                            ``(aa) the available amount 
                                        specified in this subparagraph 
                                        for the preceding fiscal year; 
                                        and
                                            ``(bb) the change, relative 
                                        to the preceding fiscal year, in 
                                        the Consumer Price Index for All 
                                        Urban Consumers published by the 
                                        Department of Labor.''; and
                          (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by striking 
                                ``2016 through 2021'' and inserting 
                                ``2022 through 2026''; and
                                    (II) by striking subparagraph (B) 
                                and inserting the following:
                    ``(B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          ``(i) for fiscal year 2022, $12,786,434; and
                          ``(ii) for fiscal year 2023 and each fiscal 
                      year thereafter, the sum obtained by adding--
                                    ``(I) the available amount specified 
                                in this subparagraph for the preceding 
                                fiscal year; and
                                    ``(II) the product obtained by 
                                multiplying--

[[Page 135 STAT. 887]]

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

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

[[Page 135 STAT. 888]]

                          ``(i) for the fiscal year that includes the 
                      date of enactment of the Surface Transportation 
                      Reauthorization Act of 2021, the sum obtained by 
                      adding--
                                    ``(I) the available amount specified 
                                in this subparagraph for the preceding 
                                fiscal year; and
                                    ``(II) $979,500; and
                          ``(ii) for each fiscal year thereafter, the 
                      sum obtained by adding--
                                    ``(I) the available amount specified 
                                in this subparagraph for the preceding 
                                fiscal year; and
                                    ``(II) the product obtained by 
                                multiplying--
                                            ``(aa) the available amount 
                                        specified in this subparagraph 
                                        for the preceding fiscal year; 
                                        and
                                            ``(bb) the change, relative 
                                        to the preceding fiscal year, in 
                                        the Consumer Price Index for All 
                                        Urban Consumers published by the 
                                        Department of Labor.''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by inserting 
                      ``subsequent'' before ``fiscal year.''; and
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
                    ``(B) Apportionment of unobligated amounts.--
                          ``(i) <<NOTE: Deadline.>>  In general.--Not 
                      later than 60 days after the end of a fiscal year, 
                      the Secretary of the Interior shall apportion 
                      among the States any of the available amount under 
                      paragraph (1) that remained available for 
                      obligation pursuant to subparagraph (A) during 
                      that fiscal year and remains unobligated at the 
                      end of that fiscal year.
                          ``(ii) Requirement.--The available amount 
                      apportioned under clause (i) shall be apportioned 
                      on the same basis and in the same manner as other 
                      amounts made available under this Act were 
                      apportioned among the States for the fiscal year 
                      in which the amount was originally made 
                      available.''.
            (2) Authorized expenses for administration.--Section 9(a) of 
        the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
        669h(a)) is amended--
                    (A) by striking paragraphs (1) and (2) and inserting 
                the following:
            ``(1) personnel costs of employees for the work hours of 
        each employee spent directly administering this Act, as those 
        hours are certified by the supervisor of the employee;'';
                    (B) by redesignating paragraphs (3) through (12) as 
                paragraphs (2) through (11), respectively;
                    (C) in paragraph (2) (as so redesignated), by 
                striking ``paragraphs (1) and (2)'' and inserting 
                ``paragraph (1)'';
                    (D) in paragraph (4)(B) (as so redesignated), by 
                striking ``full-time equivalent employee authorized 
                under paragraphs (1) and (2)'' and inserting ``employee 
                authorized under paragraph (1)'';
                    (E) in paragraph (8)(A) (as so redesignated), by 
                striking ``on a full-time basis''; and
                    (F) in paragraph (10) (as so redesignated)--
                          (i) by inserting ``or part-time'' after 
                      ``full-time''; and

[[Page 135 STAT. 889]]

                          (ii) by inserting ``, subject to the condition 
                      that the percentage of the relocation expenses 
                      paid with funds made available pursuant to this 
                      Act may not exceed the percentage of the work 
                      hours of the employee that are spent administering 
                      this Act'' after ``incurred''.

    (c) Recreational Boating Access.--
            (1) <<NOTE: Reports.>>  In general.--Not later than 1 year 
        after the date of enactment of this Act, the Comptroller General 
        of the United States shall submit to the Sport Fishing and 
        Boating Partnership Council, the Committee on Natural Resources 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives, and the Committee on Commerce, 
        Science, and Transportation and the Committee on Environment and 
        Public Works of the Senate a report that, to the extent 
        practicable, given available data, shall document--
                    (A) the use of nonmotorized vessels in each State 
                and how the increased use of nonmotorized vessels is 
                impacting motorized and nonmotorized vessel access;
                    (B) user conflicts at waterway access points; and
                    (C) the use of--
                          (i) Sport Fish Restoration Program funds to 
                      improve nonmotorized access at waterway entry 
                      points and the reasons for providing that access; 
                      and
                          (ii) Recreational Boating Safety Program funds 
                      for nonmotorized boating safety programs.
            (2) Consultation.--The Comptroller General of the United 
        States shall consult with the Sport Fishing and Boating 
        Partnership Council and the National Boating Safety Advisory 
        Council on study design, scope, and priorities for the report 
        under paragraph (1).

    (d) Sport Fishing and Boating Partnership Council.--
            (1) <<NOTE: 16 USC 1801 note.>>  In general.--The Sport 
        Fishing and Boating Partnership Council established by the 
        Secretary of the Interior shall be an advisory committee of the 
        Department of the Interior and the Department of Commerce 
        subject to the Federal Advisory Committee Act (5 U.S.C. App.).
            (2) FACA.-- The Secretary of the Interior and the Secretary 
        of Commerce shall jointly carry out the requirements of the 
        Federal Advisory Committee Act (5 U.S.C. App.) with respect to 
        the Sport Fishing and Boating Partnership Council described in 
        paragraph (1).
            (3) Effective date.--This subsection shall take effect on 
        January 1, 2023.

                           DIVISION C--TRANSIT

SEC. 30001. DEFINITIONS.

    (a) In General.--Section 5302 of title 49, United States Code, is 
amended--
            (1) by redesignating paragraphs (1) through (24) as 
        paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), 
        (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), 
        (22), (23), (24), and (25), respectively; and
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:

[[Page 135 STAT. 890]]

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

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

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

[[Page 135 STAT. 891]]

                    (B) in paragraph (6)(A), by inserting ``affordable 
                housing organizations,'' after ``disabled,''; and
            (5) in subsection (k)--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) Housing coordination process.--
                    ``(A) In general.--Within a metropolitan planning 
                area serving a transportation management area, the 
                transportation planning process under this section may 
                address the integration of housing, transportation, and 
                economic development strategies through a process that 
                provides for effective integration, based on a 
                cooperatively developed and implemented strategy, of new 
                and existing transportation facilities eligible for 
                funding under this chapter and title 23.
                    ``(B) Coordination in integrated planning process.--
                In carrying out the process described in subparagraph 
                (A), a metropolitan planning organization may--
                          ``(i) <<NOTE: Consultation.>>  consult with--
                                    ``(I) State and local entities 
                                responsible for land use, economic 
                                development, housing, management of road 
                                networks, or public transportation; and
                                    ``(II) other appropriate public or 
                                private entities; and
                          ``(ii) coordinate, to the extent practicable, 
                      with applicable State and local entities to align 
                      the goals of the process with the goals of any 
                      comprehensive housing affordability strategies 
                      established within the metropolitan planning area 
                      pursuant to section 105 of the Cranston-Gonzalez 
                      National Affordable Housing Act (42 U.S.C. 12705) 
                      and plans developed under section 5A of the United 
                      States Housing Act of 1937 (42 U.S.C. 1437c-1).
                    ``(C) Housing coordination plan.--
                          ``(i) In general.--A metropolitan planning 
                      organization serving a transportation management 
                      area may develop a housing coordination plan that 
                      includes projects and strategies that may be 
                      considered in the metropolitan transportation plan 
                      of the metropolitan planning organization.
                          ``(ii) Contents.--A plan described in clause 
                      (i) may--
                                    ``(I) develop regional goals for the 
                                integration of housing, transportation, 
                                and economic development strategies to--
                                            ``(aa) better connect 
                                        housing and employment while 
                                        mitigating commuting times;
                                            ``(bb) align transportation 
                                        improvements with housing needs, 
                                        such as housing supply 
                                        shortages, and proposed housing 
                                        development;
                                            ``(cc) align planning for 
                                        housing and transportation to 
                                        address needs in relationship to 
                                        household incomes within the 
                                        metropolitan planning area;
                                            ``(dd) expand housing and 
                                        economic development within the 
                                        catchment areas of

[[Page 135 STAT. 892]]

                                        existing transportation 
                                        facilities and public 
                                        transportation services when 
                                        appropriate, including higher-
                                        density development, as locally 
                                        determined;
                                            ``(ee) manage effects of 
                                        growth of vehicle miles traveled 
                                        experienced in the metropolitan 
                                        planning area related to housing 
                                        development and economic 
                                        development;
                                            ``(ff) increase share of 
                                        households with sufficient and 
                                        affordable access to the 
                                        transportation networks of the 
                                        metropolitan planning area;
                                    ``(II) identify the location of 
                                existing and planned housing and 
                                employment, and transportation options 
                                that connect housing and employment; and
                                    ``(III) include a comparison of 
                                transportation plans to land use 
                                management plans, including zoning 
                                plans, that may affect road use, public 
                                transportation ridership and housing 
                                development.''.

    (b) Additional Consideration and Coordination.--Section 5303 of 
title 49, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (3), by adding at the end the 
                following:
                    ``(D) Considerations.--In designating officials or 
                representatives under paragraph (2) for the first time, 
                subject to the bylaws or enabling statute of the 
                metropolitan planning organization, the metropolitan 
                planning organization shall consider the equitable and 
                proportional representation of the population of the 
                metropolitan planning area.''; and
                    (B) in paragraph (7)--
                          (i) by striking ``an existing metropolitan 
                      planning area'' and inserting ``an existing 
                      urbanized area (as defined by the Bureau of the 
                      Census)''; and
                          (ii) by striking ``the existing metropolitan 
                      planning area'' and inserting ``the area'';
            (2) in subsection (g)--
                    (A) in paragraph (1), by striking ``a metropolitan 
                area'' and inserting ``an urbanized area (as defined by 
                the Bureau of the Census)''; and
                    (B) by adding at the end the following:
            ``(4) Coordination between mpos.--If more than 1 
        metropolitan planning organization is designated within an 
        urbanized area (as defined by the Bureau of the Census) under 
        subsection (d)(7), the metropolitan planning organizations 
        designated within the area shall ensure, to the maximum extent 
        practicable, the consistency of any data used in the planning 
        process, including information used in forecasting travel 
        demand.
            ``(5) Savings clause.--Nothing in this subsection requires 
        metropolitan planning organizations designated within a single 
        urbanized area to jointly develop planning documents, including 
        a unified long-range transportation plan or unified TIP.'';
            (3) in subsection (i)(6), by adding at the end the 
        following:

[[Page 135 STAT. 893]]

                    ``(D) Use of technology.--A metropolitan planning 
                organization may use social media and other web-based 
                tools--
                          ``(i) to further encourage public 
                      participation; and
                          ``(ii) to solicit public feedback during the 
                      transportation planning process.''; and
            (4) in subsection (p), by striking ``section 104(b)(5)'' and 
        inserting ``section 104(b)(6)''.
SEC. 30003. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

    (a) Technical Amendments.--Section 5304 of title 49, United States 
Code, is amended--
            (1) in subsection (e), in the matter preceding paragraph 
        (1), by striking the quotation marks before ``In''; and
            (2) in subsection (i), by striking ``this this'' and 
        inserting ``this''.

    (b) Use of Technology.--Section 5304(f)(3) of title 49, United 
States Code, is amended by adding at the end the following:
                    ``(C) Use of technology.--A State may use social 
                media and other web-based tools--
                          ``(i) to further encourage public 
                      participation; and
                          ``(ii) to solicit public feedback during the 
                      transportation planning process.''.
SEC. 30004. PLANNING PROGRAMS.

    Section 5305 of title 49, United States Code, is amended--
            (1) in subsection (e)(1)(A), in the matter preceding clause 
        (i), by striking ``this section and section'' and inserting 
        ``this section and sections''; and
            (2) by striking subsection (f) and inserting the following:

    ``(f) Government Share of Costs.--
            ``(1) <<NOTE: Determination.>>  In general.--Except as 
        provided in paragraph (2), the Government share of the cost of 
        an activity funded using amounts made available under this 
        section may not exceed 80 percent of the cost of the activity 
        unless the Secretary determines that it is in the interests of 
        the Government--
                    ``(A) not to require a State or local match; or
                    ``(B) to allow a Government share greater than 80 
                percent.
            ``(2) Certain activities.--
                    ``(A) In general.--The Government share of the cost 
                of an activity funded using amounts made available under 
                this section shall be not less than 90 percent for an 
                activity that assists parts of an urbanized area or 
                rural area with lower population density or lower 
                average income levels compared to--
                          ``(i) the applicable urbanized area;
                          ``(ii) the applicable rural area;
                          ``(iii) an adjoining urbanized area; or
                          ``(iv) an adjoining rural area.
                    ``(B) <<NOTE: Determination.>>  Report.--A State or 
                metropolitan planning organization that carries out an 
                activity described in subparagraph (A) with an increased 
                Government share described in that subparagraph shall 
                report to the Secretary, in a form as determined by the 
                Secretary, how the increased Government share for 
                transportation planning activities benefits commuting 
                and other essential

[[Page 135 STAT. 894]]

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

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

[[Page 135 STAT. 895]]

                within 5 years of the initial project submitted as part 
                of the request.
                    ``(D) Planning.--Projects in the future bundling 
                request shall be included in the metropolitan 
                transportation plan in accordance with section 5303(i).
                    ``(E) Project sponsor.--The applicant that submits a 
                future bundling request shall be the project sponsor for 
                each project included in the request.
                    ``(F) Program and project share.--A future bundling 
                request submitted under this paragraph shall include a 
                proposed share of each of the request's projects that is 
                consistent with the requirements of subsections 
                (k)(2)(C)(ii) or (h)(7), as applicable.
                    ``(G) Benefits.--The bundling of projects under this 
                subsection--
                          ``(i) shall enhance, or increase the capacity 
                      of--
                                    ``(I) the total transportation 
                                system of the applicant; or
                                    ``(II) the transportation system of 
                                the region the applicant serves (which, 
                                in the case of a State whose request 
                                addresses a single region, means that 
                                region); and
                          ``(ii) shall--
                                    ``(I) streamline procurements for 
                                the applicant; or
                                    ``(II) enable time or cost savings 
                                for the projects.
                    ``(H) Evaluation.--Each project submitted for 
                consideration for funding in a future bundling request 
                shall be subject to the applicable evaluation criteria 
                under this section for the project type, including 
                demonstrating the availability of local resources to 
                recapitalize, maintain, and operate the overall existing 
                and proposed public transportation system pursuant to 
                subsection (f)(1)(C).
                    ``(I) Letter of intent.--
                          ``(i) In general.--Upon entering into a grant 
                      agreement for the initial project for which an 
                      applicant submits a future bundling request, the 
                      Secretary may issue a letter of intent to the 
                      applicant that announces an intention to obligate, 
                      for 1 or more additional projects included in the 
                      request, an amount from future available budget 
                      authority specified in law that is not more than 
                      the amount stipulated as the financial 
                      participation of the Secretary in the additional 
                      project or projects in the future bundling. Such 
                      letter may include a condition that the project or 
                      projects must meet the evaluation criteria in this 
                      subsection before a grant agreement can be 
                      executed.
                          ``(ii) Amount.--The amount that the Secretary 
                      announces an intention to obligate for an 
                      additional project in the future bundling request 
                      through a letter of intent issued under clause (i) 
                      shall be sufficient to complete at least an 
                      operable segment of the project.
                          ``(iii) Treatment.--The issuance of a letter 
                      of intent under clause (i) shall not be deemed to 
                      be an obligation under sections 1108(c), 1501, and 
                      1502(a) of title 31 or an administrative 
                      commitment.

[[Page 135 STAT. 896]]

            ``(2) Immediate bundling.--
                    ``(A) Definition.--In this paragraph, the term 
                `immediate bundling request' means a letter described in 
                subparagraph (B) that requests immediate funding for 
                multiple projects.
                    ``(B) Request.--An applicant may submit a letter to 
                the Secretary requesting entry of multiple projects into 
                the project development phase under subsection 
                (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), 
                for consideration for funding under this section. An 
                applicant shall include in the request the amount of 
                funding requested under this section for each additional 
                project and the estimated capital cost of each project.
                    ``(C) Readiness.--Projects included in the request 
                must be ready to enter the project development phase 
                under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A) at 
                the same time.
                    ``(D) Planning.--Projects in the bundle shall be 
                included in the metropolitan transportation plan in 
                accordance with section 5303(i).
                    ``(E) Project sponsor.--The applicant that submits 
                an immediate bundling request shall be the project 
                sponsor for each project included in the request.
                    ``(F) Program and project share.--An immediate 
                bundling request submitted under this subsection shall 
                include a proposed share of each of the request's 
                projects that is consistent with the requirements of 
                subsections (k)(2)(C)(ii) or (h)(7), as applicable.
                    ``(G) Benefits.--The bundling of projects under this 
                subsection--
                          ``(i) shall enhance, or increase the capacity 
                      of--
                                    ``(I) the total transportation 
                                system of the applicant; or
                                    ``(II) the transportation system of 
                                the region the applicant serves (which, 
                                in the case of a State whose request 
                                addresses a single region, means that 
                                region); and
                          ``(ii) shall--
                                    ``(I) streamline procurements for 
                                the applicant; or
                                    ``(II) enable time or cost savings 
                                for the projects.
                    ``(H) Evaluation.--A project submitted for 
                consideration for immediate funding in an immediate 
                bundling request shall be subject to the applicable 
                evaluation criteria under this section for the project 
                type, including demonstrating the availability of local 
                resources to recapitalize, maintain, and operate the 
                overall existing and proposed public transportation 
                system pursuant to subsection (f)(1)(C).
                    ``(I) Letter of intent or single grant agreement.--
                          ``(i) In general.--Upon entering into a grant 
                      agreement for the initial project for which an 
                      applicant submits a request, the Secretary may 
                      issue a letter of intent or single, combined grant 
                      agreement to the applicant.
                          ``(ii) Letter of intent.--

[[Page 135 STAT. 897]]

                                    ``(I) In general.--A letter of 
                                intent announces an intention to 
                                obligate, for 1 or more additional 
                                projects included in the request, an 
                                amount from future available budget 
                                authority specified in law that is not 
                                more than the amount stipulated as the 
                                financial participation of the Secretary 
                                in the additional project or projects. 
                                Such letter may include a condition that 
                                the project or projects must meet the 
                                evaluation criteria in this subsection 
                                before a grant agreement can be 
                                executed.
                                    ``(II) Amount.--The amount that the 
                                Secretary announces an intention to 
                                obligate for an additional project in a 
                                letter of intent issued under clause (i) 
                                shall be sufficient to complete at least 
                                an operable segment of the project.
                                    ``(III) Treatment.--The issuance of 
                                a letter of intent under clause (i) 
                                shall not be deemed to be an obligation 
                                under sections 1108(c), 1501, and 
                                1502(a) of title 31 or an administrative 
                                commitment.
            ``(3) Evaluation criteria.--When the Secretary issues rules 
        or policy guidance under this section, the Secretary may request 
        comment from the public regarding potential changes to the 
        evaluation criteria for project justification and local 
        financial commitment under subsections (d), (e), (f), and (h) 
        for the purposes of streamlining the evaluation process for 
        projects included in a future bundling request or an immediate 
        bundling request, including changes to enable simultaneous 
        evaluation of multiple projects under 1 or more evaluation 
        criteria. Notwithstanding paragraphs (1)(H) and (2)(H), such 
        criteria may be utilized for projects included in a future 
        bundling request or an immediate bundling request under this 
        subsection upon promulgation of the applicable rule or policy 
        guidance.
            ``(4) Grant agreements.--
                    ``(A) New start and core capacity improvement 
                projects.--A new start project or core capacity 
                improvement project in an immediate bundling request or 
                future bundling request shall be carried out through a 
                full funding grant agreement or expedited grant 
                agreement pursuant to subsection (k)(2).
                    ``(B) Small start.--A small start project shall be 
                carried out through a grant agreement pursuant to 
                subsection (h)(7).
                    ``(C) Requirement.--A combined grant agreement 
                described in paragraph (2)(I)(i) shall--
                          ``(i) include only projects in an immediate 
                      future bundling request that are ready to receive 
                      a grant agreement under this section,
                          ``(ii) be carried out through a full funding 
                      grant agreement or expedited grant agreement 
                      pursuant to subsection (k)(2) for the included 
                      projects, if a project seeking assistance under 
                      the combined grant agreement is a new start 
                      project or core capacity improvement project; and
                          ``(iii) be carried out through a grant 
                      agreement pursuant to subsection (h)(7) for the 
                      included projects,

[[Page 135 STAT. 898]]

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

[[Page 135 STAT. 899]]

                                    ``(I) a description and analysis of 
                                the impacts of the projects on public 
                                transportation services and public 
                                transportation ridership;
                                    ``(II) a description and analysis of 
                                the consistency of predicted and actual 
                                benefits and costs of the innovative 
                                project development and delivery methods 
                                of, or innovative financing for, the 
                                projects; and
                                    ``(III) an identification of the 
                                reasons for any differences between 
                                predicted and actual outcomes for the 
                                projects; and
                          ``(iii) in conducting the review under clause 
                      (ii), incorporates information from the plans 
                      submitted by applicants under subsection 
                      (k)(2)(E)(i); and''; and
                          (ii) in subparagraph (B), by striking ``each 
                      year'' and inserting ``the applicable year''; and
            (8) by adding at the end the following:

    ``(r) Capital Investment Grant Dashboard.--
            ``(1) <<NOTE: Public information. Web posting.>>  In 
        general.--The Secretary shall make publicly available in an 
        easily identifiable location on the website of the Department of 
        Transportation a dashboard containing the following information 
        for each project seeking a grant agreement under this section:
                    ``(A) Project name.
                    ``(B) Project sponsor.
                    ``(C) City or urbanized area and State in which the 
                project will be located.
                    ``(D) Project type.
                    ``(E) Project mode.
                    ``(F) Project length and number of stops, including 
                length of exclusive bus rapid transit lanes, if 
                applicable.
                    ``(G) Anticipated total project cost.
                    ``(H) Anticipated share of project costs to be 
                sought under this section.
                    ``(I) Date of compliance with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
                    ``(J) Date on which the project entered the project 
                development phase.
                    ``(K) Date on which the project entered the 
                engineering phase, if applicable.
                    ``(L) Date on which a Letter of No Prejudice was 
                requested, and date on which a Letter of No Prejudice 
                was issued or denied, if applicable.
                    ``(M) Date of the applicant's most recent project 
                ratings, including date of request for updated ratings, 
                if applicable.
                    ``(N) Status of the project sponsor in securing non-
                Federal matching funds.
                    ``(O) Date on which a project grant agreement is 
                anticipated to be executed.
            ``(2) Updates.--The Secretary shall update the information 
        provided under paragraph (1) not less frequently than monthly.
            ``(3) <<NOTE: Public information. Web posting.>>  Project 
        profiles.--The Secretary shall continue to make profiles for 
        projects that have applied for or are receiving assistance under 
        this section publicly available in an easily identifiable 
        location on the website of the Department of Transportation, in 
        the same manner as the Secretary did as of the day before the 
        date of enactment of this subsection.''.

[[Page 135 STAT. 900]]

    (b) Expedited Project Delivery for Capital Investment Grants Pilot 
Program.--Section 3005(b) of the Federal Public Transportation Act of 
2015 (49 U.S.C. 5309 note; Public Law 114-94) is amended--
            (1) in paragraph (1)(I)--
                    (A) in clause (i), by striking ``$75,000,000'' and 
                inserting ``$150,000,000''; and
                    (B) in clause (ii), by striking ``$300,000,000'' and 
                inserting ``$400,000,000'';
            (2) in paragraph (8)(D)(i), by striking ``30 days'' and 
        inserting ``15 days'';
            (3) by striking paragraph (12); and
            (4) by redesignating paragraph (13) as paragraph (12).
SEC. 30006. FORMULA GRANTS FOR RURAL AREAS.

    Section 5311 of title 49, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively;
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Of the amounts made available or 
        appropriated for each fiscal year pursuant to section 
        5338(a)(2)(F) to carry out this section--
                    ``(A) an amount equal to 5 percent shall be 
                available to carry out paragraph (2); and
                    ``(B) 3 percent shall be available to carry out 
                paragraph (3).
            ``(2) Public transportation on indian reservations.--
        For <<NOTE: Apportionment.>> each fiscal year, the amounts made 
        available under paragraph (1)(A) shall be apportioned for grants 
        to Indian tribes for any purpose eligible under this section, 
        under such terms and conditions as may be established by the 
        Secretary, of which--
                    ``(A) 20 percent shall be distributed by the 
                Secretary on a competitive basis; and
                    ``(B) 80 percent shall be apportioned as formula 
                grants as provided in subsection (j).''; and
            (2) in subsection (j)(1)(A), in the matter preceding clause 
        (i), by striking ``subsection (c)(1)(B)'' and inserting 
        ``subsection (c)(2)(B)''.
SEC. 30007. PUBLIC TRANSPORTATION INNOVATION.

    (a) In General.--Section 5312 of title 49, United States Code, is 
amended--
            (1) by striking the first subsection designated as 
        subsection (g), relating to annual reports on research, as so 
        designated by section 3008(a)(6)(A) of the FAST Act (Public Law 
        114-94; 129 Stat. 1468) and inserting the following:

    ``(f) Annual Report on Research.--
            ``(1) <<NOTE: Public information. Web posting.>>  In 
        general.--Not later than the first Monday in February of each 
        year, the Secretary shall make available to the public on the 
        Web site of the Department of Transportation, a report that 
        includes--
                    ``(A) a description of each project that received 
                assistance under this section during the preceding 
                fiscal year;

[[Page 135 STAT. 901]]

                    ``(B) <<NOTE: Evaluation.>>  an evaluation of each 
                project described in paragraph (1), including any 
                evaluation conducted under subsection (e)(4) for the 
                preceding fiscal year; and
                    ``(C) <<NOTE: Proposal.>>  a strategic research 
                roadmap proposal for allocations of amounts for 
                assistance under this section for the current and 
                subsequent fiscal year, including anticipated work 
                areas, proposed demonstrations and strategic partnership 
                opportunities;
            ``(2) <<NOTE: Time period. Web posting.>>  Updates.--Not 
        less than every 3 months, the Secretary shall update on the Web 
        site of the Department of Transportation the information 
        described in paragraph (1)(C) to reflect any changes to the 
        Secretary's plans to make assistance available under this 
        section.
            ``(3) Long-term research plans.--The Secretary is encouraged 
        to develop long-term research plans and shall identify in the 
        annual report under paragraph (1) and in updates under paragraph 
        (2) allocations of amounts for assistance and notices of funding 
        opportunities to execute long-term strategic research roadmap 
        plans.'';
            (2) in paragraph (1) of subsection (g), relating to 
        Government share of costs, by striking the period at the end and 
        inserting ``, except that if there is substantial public 
        interest or benefit, the Secretary may approve a greater Federal 
        share.''; and
            (3) in subsection (h)--
                    (A) in paragraph (2)--
                          (i) by striking subparagraph (A) and inserting 
                      the following:
                    ``(A) In general.--The Secretary shall competitively 
                select at least 1 facility--
                          ``(i) to conduct testing, evaluation, and 
                      analysis of low or no emission vehicle components 
                      intended for use in low or no emission vehicles; 
                      and
                          ``(ii) to conduct directed technology 
                      research.'';
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
                    ``(B) Testing, evaluation, and analysis.--
                          ``(i) <<NOTE: Contracts.>>  In general.--The 
                      Secretary shall enter into a contract or 
                      cooperative agreement with, or make a grant to, at 
                      least 1 institution of higher education to operate 
                      and maintain a facility to conduct testing, 
                      evaluation, and analysis of low or no emission 
                      vehicle components, and new and emerging 
                      technology components, intended for use in low or 
                      no emission vehicles.
                          ``(ii) Requirements.--An institution of higher 
                      education described in clause (i) shall have--
                                    ``(I) capacity to carry out 
                                transportation-related advanced 
                                component and vehicle evaluation;
                                    ``(II) laboratories capable of 
                                testing and evaluation; and
                                    ``(III) direct access to or a 
                                partnership with a testing facility 
                                capable of emulating real-world 
                                circumstances in order to test low or no 
                                emission vehicle components installed on 
                                the intended vehicle.''; and
                          (iii) by adding at the end the following:

[[Page 135 STAT. 902]]

                    ``(H) Capital equipment and directed research.--A 
                facility operated and maintained under subparagraph (A) 
                may use funds made available under this subsection for--
                          ``(i) acquisition of equipment and capital 
                      projects related to testing low or no emission 
                      vehicle components; or
                          ``(ii) research related to advanced vehicle 
                      technologies that provides advancements to the 
                      entire public transportation industry.
                    ``(I) Cost share.--The cost share for activities 
                described in subparagraph (H) shall be subject to the 
                terms in subsection (g).''; and
                    (B) in paragraph (3), by inserting ``, as 
                applicable'' before the period at the end.

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

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

[[Page 135 STAT. 903]]

                      deliverables such as blueprints, design drawings, 
                      procurement and supply-chain orders, equipment 
                      logs, daily progress reports, and punch lists;
                          ``(iii) deployment of digital management 
                      systems that enable and leverage the use of 
                      digital technologies on construction sites by 
                      contractors, such as state-of-the-art automated 
                      and connected machinery and optimized routing 
                      software that allows construction workers to 
                      perform tasks faster, safer, more accurately, and 
                      with minimal supervision;
                          ``(iv) the development and deployment of best 
                      practices for use in digital construction 
                      management;
                          ``(v) increased technology adoption and 
                      deployment by States, local governmental 
                      authorities, and designated recipients that 
                      enables project sponsors--
                                    ``(I) to integrate the adoption of 
                                digital management systems and 
                                technologies in contracts; and
                                    ``(II) to weigh the cost of 
                                digitization and technology in setting 
                                project budgets;
                          ``(vi) technology training and workforce 
                      development to build the capabilities of project 
                      managers and sponsors that enables States, local 
                      governmental authorities, or designated 
                      recipients--
                                    ``(I) to better manage projects 
                                using advanced construction management 
                                technologies; and
                                    ``(II) to properly measure and 
                                reward technology adoption across 
                                projects;
                          ``(vii) development of guidance to assist 
                      States, local governmental authorities, and 
                      designated recipients in updating regulations to 
                      allow project sponsors and contractors--
                                    ``(I) <<NOTE: Reports. Data.>>  to 
                                report data relating to the project in 
                                digital formats; and
                                    ``(II) to fully capture the 
                                efficiencies and benefits of advanced 
                                digital construction management systems 
                                and related technologies;
                          ``(viii) reduction in the environmental 
                      footprint of construction projects using advanced 
                      digital construction management systems resulting 
                      from elimination of congestion through more 
                      efficient projects; and
                          ``(ix) enhanced worker and pedestrian safety 
                      resulting from increased transparency.
                    ``(C) Publication.--The reporting requirements for 
                the accelerated implementation and deployment of 
                advanced digital construction management systems program 
                established under section 503(c)(5) of title 23 shall 
                include data and analysis collected under this 
                section.''.
SEC. 30008. BUS TESTING FACILITIES.

    Section 5318 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Capital Equipment.--A facility operated and maintained under 
this section may use funds made available under this section for the 
acquisition of equipment and capital projects related to testing new bus 
models.''.

[[Page 135 STAT. 904]]

SEC. 30009. TRANSIT-ORIENTED DEVELOPMENT.

    Section 20005(b) of MAP-21 (49 U.S.C. 5303 note; Public Law 112-141) 
is amended--
            (1) in paragraph (2), in the matter preceding subparagraph 
        (A), by inserting ``or site-specific'' after ``comprehensive''; 
        and
            (2) in paragraph (3)--
                    (A) in subparagraph (B), by inserting ``or a site-
                specific plan'' after ``comprehensive plan'';
                    (B) in subparagraph (C), by inserting ``or the 
                proposed site-specific plan'' after ``proposed 
                comprehensive plan'';
                    (C) in subparagraph (D), by inserting ``or the site-
                specific plan'' after ``comprehensive plan''; and
                    (D) in subparagraph (E)(iii), by inserting ``or the 
                site-specific plan'' after ``comprehensive plan''.
SEC. 30010. GENERAL PROVISIONS.

    Section 5323(u) of title 49, United States Code, is amended by 
striking paragraph (2) and inserting the following:
            ``(2) Exception.--For purposes of paragraph (1), the term 
        `otherwise related legally or financially' does not include--
                    ``(A) a minority relationship or investment; or
                    ``(B) relationship with or investment in a 
                subsidiary, joint venture, or other entity based in a 
                country described in paragraph (1)(B) that does not 
                export rolling stock or components of rolling stock for 
                use in the United States.''.
SEC. 30011. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.

    Section 5324 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Insurance.--Before receiving a grant under this section 
following an emergency, an applicant shall--
            ``(1) submit to the Secretary documentation demonstrating 
        proof of insurance required under Federal law for all structures 
        related to the grant application; and
            ``(2) <<NOTE: Certification.>>  certify to the Secretary 
        that the applicant has insurance required under State law for 
        all structures related to the grant application.''.
SEC. 30012. PUBLIC TRANSPORTATION SAFETY PROGRAM.

    (a) In General.--Section 5329 of title 49, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)--
                          (i) in subparagraph (A), by inserting ``, or, 
                      in the case of a recipient receiving assistance 
                      under section 5307 that is serving an urbanized 
                      area with a population of 200,000 or more, safety 
                      performance measures, including measures related 
                      to the risk reduction program under subsection 
                      (d)(1)(I), for all modes of public 
                      transportation'' after ``public transportation'';
                          (ii) in subparagraph (C)(ii)--
                                    (I) in subclause (I), by striking 
                                ``and'' at the end;
                                    (II) in subclause (II), by adding 
                                ``and'' at the end; and
                                    (III) by adding at the end the 
                                following:
                                    ``(III) innovations in driver 
                                assistance technologies and driver 
                                protection infrastructure,

[[Page 135 STAT. 905]]

                                where appropriate, and a reduction in 
                                visibility impairments that contribute 
                                to pedestrian fatalities;'';
                          (iii) in subparagraph (D)(ii)(V), by striking 
                      ``and'' at the end;
                          (iv) in subparagraph (E), by striking the 
                      period at the end and inserting ``; and'';
                          (v) by redesignating subparagraphs (D) and (E) 
                      as subparagraphs (E) and (F), respectively;
                          (vi) by inserting after subparagraph (C) the 
                      following:
                    ``(D) <<NOTE: Consultation.>>  in consultation with 
                the Secretary of Health and Human Services, 
                precautionary and reactive actions required to ensure 
                public and personnel safety and health during an 
                emergency (as defined in section 5324(a));''; and
                          (vii) by adding at the end the following:
                    ``(G) consideration, where appropriate, of 
                performance-based and risk-based methodologies.''; and
                    (B) by adding at the end the following:
            ``(3) Plan updates.--The Secretary shall update the national 
        public transportation safety plan under paragraph (1) as 
        necessary with respect to recipients receiving assistance under 
        section 5307 that serve an urbanized area with a population of 
        200,000 or more.'';
            (2) in subsection (c)--
                    (A) by striking paragraph (2); and
                    (B) by striking the subsection designation and 
                heading and all that follows through ``The Secretary'' 
                in paragraph (1) and inserting the following:

    ``(c) Public Transportation Safety Certification Training Program.--
The Secretary'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``Effective 1 year'' and all that 
                      follows through ``each recipient'' and inserting 
                      ``Each recipient'';
                          (ii) in subparagraph (A), by inserting ``, or, 
                      in the case of a recipient receiving assistance 
                      under section 5307 that is serving an urbanized 
                      area with a population of 200,000 or more, the 
                      safety committee of the entity established under 
                      paragraph (5), followed by the board of directors 
                      (or equivalent entity) of the recipient approve,'' 
                      after ``approve'';
                          (iii) by redesignating subparagraphs (B) 
                      through (G) as subparagraphs (C) through (H), 
                      respectively;
                          (iv) by inserting after subparagraph (A) the 
                      following:
                    ``(B) for each recipient serving an urbanized area 
                with a population of fewer than 200,000, a requirement 
                that the agency safety plan be developed in cooperation 
                with frontline employee representatives;'';
                          (v) in subparagraph (D) (as so redesignated), 
                      by inserting ``, and consistent with guidelines of 
                      the Centers for Disease Control and Prevention or 
                      a State health authority, minimize exposure to 
                      infectious diseases'' after ``public, personnel, 
                      and property to hazards and unsafe conditions'';

[[Page 135 STAT. 906]]

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

[[Page 135 STAT. 907]]

                    (B) by adding at the end the following:
            ``(4) Risk reduction performance targets.--
                    ``(A) <<NOTE: Time period.>>  In general.--The 
                safety committee of a recipient receiving assistance 
                under section 5307 that is serving an urbanized area 
                with a population of 200,000 or more established under 
                paragraph (5) shall establish performance targets for 
                the risk reduction program required under paragraph 
                (1)(I) using a 3-year rolling average of the data 
                submitted by the recipient to the national transit 
                database under section 5335.
                    ``(B) Safety set aside.--A recipient receiving 
                assistance under section 5307 that is serving an 
                urbanized area with a population of 200,000 or more 
                shall allocate not less than 0.75 percent of those funds 
                to safety-related projects eligible under section 5307.
                    ``(C) Failure to meet performance targets.--A 
                recipient receiving assistance under section 5307 that 
                is serving an urbanized area with a population of 
                200,000 or more that does not meet the performance 
                targets established under subparagraph (A) shall 
                allocate the amount made available in subparagraph (B) 
                in the following fiscal year to projects described in 
                subparagraph (D).
                    ``(D) Eligible projects.--Funds set aside under 
                subparagraph (C) shall be used for projects that are 
                reasonably likely to assist the recipient in meeting the 
                performance targets established in subparagraph (A), 
                including modifications to rolling stock and de-
                escalation training.
            ``(5) Safety committee.--
                    ``(A) In general.--For purposes of this subsection, 
                the safety committee of a recipient shall--
                          ``(i) be convened by a joint labor-management 
                      process;
                          ``(ii) consist of an equal number of--
                                    ``(I) frontline employee 
                                representatives, selected by a labor 
                                organization representing the plurality 
                                of the frontline workforce employed by 
                                the recipient or, if applicable, a 
                                contractor to the recipient, to the 
                                extent frontline employees are 
                                represented by labor organizations; and
                                    ``(II) management representatives; 
                                and
                          ``(iii) have, at a minimum, responsibility 
                      for--
                                    ``(I) identifying and recommending 
                                risk-based mitigations or strategies 
                                necessary to reduce the likelihood and 
                                severity of consequences identified 
                                through the agency's safety risk 
                                assessment;
                                    ``(II) identifying mitigations or 
                                strategies that may be ineffective, 
                                inappropriate, or were not implemented 
                                as intended; and
                                    ``(III) identifying safety 
                                deficiencies for purposes of continuous 
                                improvement.
                    ``(B) Applicability.--This paragraph applies only to 
                a recipient receiving assistance under section 5307 that 
                is serving an urbanized area with a population of 
                200,000 or more.'';
            (4) in subsection (e)--
                    (A) in paragraph (4)(A)(v), by inserting ``, 
                inspection,'' after ``investigative''; and

[[Page 135 STAT. 908]]

                    (B) by adding at the end the following:
            ``(11) Effectiveness of enforcement authorities and 
        practices.--The Secretary shall develop and disseminate to State 
        safety oversight agencies the process and methodology that the 
        Secretary will use to monitor the effectiveness of the 
        enforcement authorities and practices of State safety oversight 
        agencies.''; and
            (5) by striking subsection (k) and inserting the following:

    ``(k) Inspections.--
            ``(1) Inspection access.--
                    ``(A) In general.--A State safety oversight program 
                shall provide the State safety oversight agency 
                established by the program with the authority and 
                capability to enter the facilities of each rail fixed 
                guideway public transportation system that the State 
                safety oversight agency oversees to inspect 
                infrastructure, equipment, records, personnel, and data, 
                including the data that the rail fixed guideway public 
                transportation agency collects when identifying and 
                evaluating safety risks.
                    ``(B) <<NOTE: Consultation.>>  Policies and 
                procedures.--A State safety oversight agency, in 
                consultation with each rail fixed guideway public 
                transportation agency that the State safety oversight 
                agency oversees, shall establish policies and procedures 
                regarding the access of the State safety oversight 
                agency to conduct inspections of the rail fixed guideway 
                public transportation system, including access for 
                inspections that occur without advance notice to the 
                rail fixed guideway public transportation agency.
            ``(2) Data collection.--
                    ``(A) In general.--A rail fixed guideway public 
                transportation agency shall provide the applicable State 
                safety oversight agency with the data that the rail 
                fixed guideway public transportation agency collects 
                when identifying and evaluating safety risks, in 
                accordance with subparagraph (B).
                    ``(B) <<NOTE: Consultation.>>  Policies and 
                procedures.--A State safety oversight agency, in 
                consultation with each rail fixed guideway public 
                transportation agency that the State safety oversight 
                agency oversees, shall establish policies and procedures 
                for collecting data described in subparagraph (A) from a 
                rail fixed guideway public transportation agency, 
                including with respect to frequency of collection, that 
                is commensurate with the size and complexity of the rail 
                fixed guideway public transportation system.
            ``(3) Incorporation.--Policies and procedures established 
        under this subsection shall be incorporated into--
                    ``(A) the State safety oversight program standard 
                adopted by a State safety oversight agency under section 
                674.27 of title 49, Code of Federal Regulations (or any 
                successor regulation); and
                    ``(B) the public transportation agency safety plan 
                established by a rail fixed guideway public 
                transportation agency under subsection (d).
            ``(4) Assessment by secretary.--In assessing the capability 
        of a State safety oversight agency to conduct inspections as 
        required under paragraph (1), the Secretary shall ensure that--

[[Page 135 STAT. 909]]

                    ``(A) the inspection practices of the State safety 
                oversight agency are commensurate with the number, size, 
                and complexity of the rail fixed guideway public 
                transportation systems that the State safety oversight 
                agency oversees;
                    ``(B) the inspection program of the State safety 
                oversight agency is risk-based; and
                    ``(C) the State safety oversight agency has 
                sufficient resources to conduct the inspections.
            ``(5) Special directive.--The Secretary shall issue a 
        special directive to each State safety oversight agency on the 
        development and implementation of risk-based inspection programs 
        under this subsection.
            ``(6) Enforcement.--The Secretary may use any authority 
        under this section, including any enforcement action authorized 
        under subsection (g), to ensure the compliance of a State safety 
        oversight agency or State safety oversight program with this 
        subsection.''.

    (b) Deadline; Effective Date.--
            (1) <<NOTE: 49 USC 5329 note.>>  Special directive on risk-
        based inspection programs.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        issue each special directive required under section 5329(k)(5) 
        of title 49, United States Code (as added by subsection (a)).
            (2) <<NOTE: 49 USC 5329 note.>>  Inspection requirements.--
        Section 5329(k) of title 49, United States Code (as amended by 
        subsection (a)), shall apply with respect to a State safety 
        oversight agency on and after the date that is 2 years after the 
        date on which the Secretary of Transportation issues the special 
        directive to the State safety oversight agency under paragraph 
        (5) of that section 5329(k).

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

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

[[Page 135 STAT. 910]]

                                with a total aggregate fair market value 
                                of more than $5,000 that was purchased 
                                using Federal financial assistance under 
                                this chapter, the rolling stock, 
                                equipment, and supplies may be retained 
                                or sold at the end of the service life 
                                of the rolling stock, equipment, or 
                                supplies.
                                    ``(II) Reimbursement required.--If 
                                rolling stock, equipment, or supplies 
                                described in subclause (I) is sold, of 
                                the proceeds from the sale--
                                            ``(aa) the recipient shall 
                                        retain an amount equal to the 
                                        sum of--
                                                ``(AA) $5,000; and
                                                ``(BB) of the remaining 
                                            proceeds, a percentage of 
                                            the amount equal to the non-
                                            Federal share expended by 
                                            the recipient in making the 
                                            original purchase; and
                                            ``(bb) any amounts remaining 
                                        after application of item (aa) 
                                        shall be returned to the Federal 
                                        Transit Administration.
                          ``(iii) Rolling stock and equipment 
                      retained.--Rolling stock, equipment, or supplies 
                      described in clause (i) or (ii) that is retained 
                      by a recipient under those clauses may be used by 
                      the recipient for other public transportation 
                      projects or programs with no obligation to 
                      reimburse the Federal Transit Administration, and 
                      no approval of the Secretary to retain that 
                      rolling stock, equipment, or supplies is 
                      required.''.
SEC. 30014. NATIONAL TRANSIT DATABASE.

    Section 5335 of title 49, United States Code, is amended--
            (1) in subsection (a), in the first sentence, by inserting 
        ``geographic service area coverage,'' after ``operating,''; and
            (2) by striking subsection (c) and inserting the following:

    ``(c) Data Required to Be Reported.--Each recipient of a grant under 
this chapter shall report to the Secretary, for inclusion in the 
national transit database under this section--
            ``(1) any information relating to a transit asset inventory 
        or condition assessment conducted by the recipient;
            ``(2) any data on assaults on transit workers of the 
        recipients; and
            ``(3) any data on fatalities that result from an impact with 
        a bus.''.
SEC. 30015. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.

    (a) Small Urbanized Areas.--Section 5336(h)(3) of title 49, United 
States Code, is amended by striking ``paragraphs (1) and (2)'' and all 
that follows through ``2 percent'' in subparagraph (B) and inserting 
``paragraphs (1) and (2), 3 percent''.
    (b) Funding for State Safety Oversight Program Grants.--
            (1) In general.--Section 5336(h)(4) of title 49, United 
        States Code, is amended by striking ``0.5 percent'' and 
        inserting ``0.75 percent''.
            (2) <<NOTE: 49 USC 5336 note.>>  Applicability.--The 
        amendment made by paragraph (1) shall apply with respect to 
        fiscal year 2022 and each fiscal year thereafter.

[[Page 135 STAT. 911]]

SEC. 30016. STATE OF GOOD REPAIR GRANTS.

    Section 5337 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Competitive Grants for Rail Vehicle Replacement.--
            ``(1) In general.--The Secretary may make grants under this 
        subsection to assist State and local governmental authorities in 
        financing capital projects for the replacement of rail rolling 
        stock.
            ``(2) Grant requirements.--Except as otherwise provided in 
        this subsection, a grant under this subsection shall be subject 
        to the same terms and conditions as a grant under subsection 
        (b).
            ``(3) Competitive process.--The Secretary shall solicit 
        grant applications and make not more than 3 new awards to 
        eligible projects under this subsection on a competitive basis 
        each fiscal year.
            ``(4) Consideration.--In awarding grants under this 
        subsection, the Secretary shall consider--
                    ``(A) the size of the rail system of the applicant;
                    ``(B) the amount of funds available to the applicant 
                under this subsection;
                    ``(C) <<NOTE: Time period.>>  the age and condition 
                of the rail rolling stock of the applicant that has 
                exceeded or will exceed the useful service life of the 
                rail rolling stock in the 5-year period following the 
                grant; and
                    ``(D) whether the applicant has identified 
                replacement of the rail vehicles as a priority in the 
                investment prioritization portion of the transit asset 
                management plan of the recipient pursuant to part 625 of 
                title 49, Code of Federal Regulations (or successor 
                regulations).
            ``(5) Maximum share of competitive grant assistance.--The 
        amount of grant assistance provided by the Secretary under this 
        subsection, as a share of eligible project costs, shall be not 
        more than 50 percent.
            ``(6) Government share of cost.--The Government share of the 
        cost of an eligible project carried out under this subsection 
        shall not exceed 80 percent.
            ``(7) Multi-year grant agreements.--
                    ``(A) In general.--An eligible project for which a 
                grant is provided under this subsection may be carried 
                out through a multi-year grant agreement in accordance 
                with this paragraph.
                    ``(B) Requirements.--A multi-year grant agreement 
                under this paragraph shall--
                          ``(i) establish the terms of participation by 
                      the Federal Government in the project; and
                          ``(ii) <<NOTE: Time period.>>  establish the 
                      maximum amount of Federal financial assistance for 
                      the project that may be provided through grant 
                      payments to be provided in not more than 3 
                      consecutive fiscal years.
                    ``(C) Financial rules.--A multi-year grant agreement 
                under this paragraph--
                          ``(i) shall obligate an amount of available 
                      budget authority specified in law; and
                          ``(ii) may include a commitment, contingent on 
                      amounts to be specified in law in advance for 
                      commitments under this paragraph, to obligate an 
                      additional

[[Page 135 STAT. 912]]

                      amount from future available budget authority 
                      specified in law.
                    ``(D) Statement of contingent commitment.--A multi-
                year agreement under this paragraph shall state that the 
                contingent commitment is not an obligation of the 
                Federal Government.''.
SEC. 30017. AUTHORIZATIONS.

    Section 5338 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5338. Authorizations

    ``(a) <<NOTE: Time periods.>>  Grants.--
            ``(1) In general.--There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and 
        5340, section 20005(b) of the Federal Public Transportation Act 
        of 2012 (49 U.S.C. 5303 note; Public Law 112-141), and section 
        3006(b) of the Federal Public Transportation Act of 2015 (49 
        U.S.C. 5310 note; Public Law 114-94)--
                    ``(A) $13,355,000,000 for fiscal year 2022;
                    ``(B) $13,634,000,000 for fiscal year 2023;
                    ``(C) $13,990,000,000 for fiscal year 2024;
                    ``(D) $14,279,000,000 for fiscal year 2025; and
                    ``(E) $14,642,000,000 for fiscal year 2026.
            ``(2) Allocation of funds.--Of the amounts made available 
        under paragraph (1)--
                    ``(A) $184,647,343 for fiscal year 2022, 
                $188,504,820 for fiscal year 2023, $193,426,906 for 
                fiscal year 2024, $197,422,644 for fiscal year 2025, and 
                $202,441,512 for fiscal year 2026 shall be available to 
                carry out section 5305;
                    ``(B) $13,157,184 for fiscal year 2022, $13,432,051 
                for fiscal year 2023, $13,782,778 for fiscal year 2024, 
                $14,067,497 for fiscal year 2025, and $14,425,121 for 
                fiscal year 2026 shall be available to carry out section 
                20005(b) of the Federal Public Transportation Act of 
                2012 (49 U.S.C. 5303 note; Public Law 112-141);
                    ``(C) $6,408,288,249 for fiscal year 2022, 
                $6,542,164,133 for fiscal year 2023, $6,712,987,840 for 
                fiscal year 2024, $6,851,662,142 for fiscal year 2025, 
                and $7,025,844,743 for fiscal year 2026 shall be 
                allocated in accordance with section 5336 to provide 
                financial assistance for urbanized areas under section 
                5307;
                    ``(D) $371,247,094 for fiscal year 2022, 
                $379,002,836 for fiscal year 2023, $388,899,052 for 
                fiscal year 2024, $396,932,778 for fiscal year 2025, and 
                $407,023,583 for fiscal year 2026 shall be available to 
                provide financial assistance for services for the 
                enhanced mobility of seniors and individuals with 
                disabilities under section 5310;
                    ``(E) $4,605,014 for fiscal year 2022, $4,701,218 
                for fiscal year 2023, $4,823,972 for fiscal year 2024, 
                $4,923,624 for fiscal year 2025, and $5,048,792 for 
                fiscal year 2026 shall be available for the pilot 
                program for innovative coordinated access and mobility 
                under section 3006(b) of

[[Page 135 STAT. 913]]

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

[[Page 135 STAT. 914]]

                $478,202,088 for fiscal year 2025, and $490,358,916 for 
                fiscal year 2026 shall be available for buses and bus 
                facilities competitive grants under section 5339(b) and 
                no or low emission grants under section 5339(c), of 
                which $71,561,189 for fiscal year 2022, $73,056,178 for 
                fiscal year 2023, $74,963,762 for fiscal year 2024, 
                $76,512,334 for fiscal year 2025, and $78,457,427 for 
                fiscal year 2026 shall be available to carry out section 
                5339(c); and
                    ``(O) $741,042,792 for fiscal year 2022, 
                $756,523,956 for fiscal year 2023, $776,277,698 for 
                fiscal year 2024, $792,313,742 for fiscal year 2025, and 
                $812,455,901 for fiscal year 2026, to carry out section 
                5340 to provide financial assistance for urbanized areas 
                under section 5307 and rural areas under section 5311, 
                of which--
                          ``(i) $392,752,680 for fiscal year 2022, 
                      $400,957,696 for fiscal year 2023, $411,427,180 
                      for fiscal year 2024, $419,926,283 for fiscal year 
                      2025, and $430,601,628 for fiscal year 2026 shall 
                      be for growing States under section 5340(c); and
                          ``(ii) $348,290,112 for fiscal year 2022, 
                      $355,566,259 for fiscal year 2023, $364,850,518 
                      for fiscal year 2024, $372,387,459 for fiscal year 
                      2025, and $381,854,274 for fiscal year 2026 shall 
                      be for high density States under section 5340(d).

    ``(b) <<NOTE: Appropriation authorization. Time period.>>  Capital 
Investment Grants.--There are authorized to be appropriated to carry out 
section 5309 of this title and section 3005(b) of the Federal Public 
Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114-94), 
$3,000,000,000 for each of fiscal years 2022 through 2026.

    ``(c) Oversight.--
            ``(1) In general.--Of the amounts made available to carry 
        out this chapter for a fiscal year, the Secretary may use not 
        more than the following amounts for the activities described in 
        paragraph (2):
                    ``(A) 0.5 percent of amounts made available to carry 
                out section 5305.
                    ``(B) 0.75 percent of amounts made available to 
                carry out section 5307.
                    ``(C) 1 percent of amounts made available to carry 
                out section 5309.
                    ``(D) 1 percent of amounts made available to carry 
                out section 601 of the Passenger Rail Investment and 
                Improvement Act of 2008 (Public Law 110-432; 126 Stat. 
                4968).
                    ``(E) 0.5 percent of amounts made available to carry 
                out section 5310.
                    ``(F) 0.5 percent of amounts made available to carry 
                out section 5311.
                    ``(G) 1 percent of amounts made available to carry 
                out section 5337, of which not less than 0.25 percent of 
                amounts made available for this subparagraph shall be 
                available to carry out section 5329.
                    ``(H) 0.75 percent of amounts made available to 
                carry out section 5339.
            ``(2) Activities.--The activities described in this 
        paragraph are as follows:

[[Page 135 STAT. 915]]

                    ``(A) Activities to oversee the construction of a 
                major capital project.
                    ``(B) Activities to review and audit the safety and 
                security, procurement, management, and financial 
                compliance of a recipient or subrecipient of funds under 
                this chapter.
                    ``(C) Activities to provide technical assistance 
                generally, and to provide technical assistance to 
                correct deficiencies identified in compliance reviews 
                and audits carried out under this section.
                    ``(D) Activities to carry out section 5334.
            ``(3) Government share of costs.--The Government shall pay 
        the entire cost of carrying out a contract under this 
        subsection.
            ``(4) Availability of certain funds.--Funds made available 
        under paragraph (1)(C) shall be made available to the Secretary 
        before allocating the funds appropriated to carry out any 
        project under a full funding grant agreement.

    ``(d) Grants as Contractual Obligations.--
            ``(1) Grants financed from highway trust fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts made available from the Mass Transit Account of the 
        Highway Trust Fund pursuant to this section is a contractual 
        obligation of the Government to pay the Government share of the 
        cost of the project.
            ``(2) Grants financed from general fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts appropriated in advance from the General Fund of the 
        Treasury pursuant to this section is a contractual obligation of 
        the Government to pay the Government share of the cost of the 
        project only to the extent that amounts are appropriated for 
        such purpose by an Act of Congress.

    ``(e) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until 
expended.''.
SEC. 30018. GRANTS FOR BUSES AND BUS FACILITIES.

    Section 5339 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5)(A)--
                          (i) by striking ``$90,500,000 for each of 
                      fiscal years 2016 through 2020'' and inserting 
                      ``$206,000,000 each fiscal year'';
                          (ii) by striking ``$1,750,000'' and inserting 
                      ``$4,000,000''; and
                          (iii) by striking ``$500,000'' and inserting 
                      ``$1,000,000''; and
                    (B) by adding at the end the following:
            ``(10) Maximizing use of funds.--
                    ``(A) In general.--Eligible recipients and 
                subrecipients under this subsection should, to the 
                extent practicable, seek to utilize the procurement 
                tools authorized under section 3019 of the FAST Act (49 
                U.S.C. 5325 note; Public Law 114-94).
                    ``(B) Written explanation.--If an eligible recipient 
                or subrecipient under this subsection purchases less 
                than 5 buses through a standalone procurement, the 
                eligible recipient or subrecipient shall provide to the 
                Secretary

[[Page 135 STAT. 916]]

                a written explanation regarding why the tools authorized 
                under section 3019 of the FAST Act (49 U.S.C. 5325 note; 
                Public Law 114-94) were not utilized.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (5) and inserting the 
                following:
            ``(5) Rural projects.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                less than 15 percent of the amounts made available under 
                this subsection in a fiscal year shall be distributed to 
                projects in rural areas.
                    ``(B) Unutilized amounts.--The Secretary may use 
                less than 15 percent of the amounts made available under 
                this subsection in a fiscal year for the projects 
                described in subparagraph (A) if the Secretary cannot 
                meet the requirement of that subparagraph due to 
                insufficient eligible applications.''; and
                    (B) by adding at the end the following:
            ``(9) Competitive process.--The Secretary shall--
                    ``(A) <<NOTE: Deadline.>>  not later than 30 days 
                after the date on which amounts are made available for 
                obligation under this subsection for a full fiscal year, 
                solicit grant applications for eligible projects on a 
                competitive basis; and
                    ``(B) <<NOTE: Grants. Deadlines.>>  award a grant 
                under this subsection based on the solicitation under 
                subparagraph (A) not later than the earlier of--
                          ``(i) 75 days after the date on which the 
                      solicitation expires; or
                          ``(ii) the end of the fiscal year in which the 
                      Secretary solicited the grant applications.
            ``(10) Continued use of partnerships.--
                    ``(A) In general.--An eligible recipient of a grant 
                under this subsection may submit an application in 
                partnership with other entities, including a transit 
                vehicle manufacturer that intends to participate in the 
                implementation of a project under this subsection and 
                subsection (c).
                    ``(B) Competitive procurement.--Projects awarded 
                with partnerships under this subsection shall be 
                considered to satisfy the requirement for a competitive 
                procurement under section 5325.
            ``(11) Maximizing use of funds.--
                    ``(A) In general.--Eligible recipients under this 
                subsection should, to the extent practicable, seek to 
                utilize the procurement tools authorized under section 
                3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 
                114-94).
                    ``(B) Written explanation.--If an eligible recipient 
                under this subsection purchases less than 5 buses 
                through a standalone procurement, the eligible recipient 
                shall provide to the Secretary a written explanation 
                regarding why the tools authorized under section 3019 of 
                the FAST Act (49 U.S.C. 5325 note; Public Law 114-94) 
                were not utilized.'';
            (3) in subsection (c)--
                    (A) in paragraph (3)--
                          (i) by amending subparagraph (A) to read as 
                      follows:

[[Page 135 STAT. 917]]

                    ``(A) In general.--A grant under this subsection 
                shall be subject to--
                          ``(i) with respect to eligible recipients in 
                      urbanized areas, section 5307; and
                          ``(ii) with respect to eligible recipients in 
                      rural areas, section 5311.''; and
                          (ii) by adding at the end the following:
                    ``(D) Fleet transition plan.--In awarding grants 
                under this subsection or under subsection (b) for 
                projects related to zero emission vehicles, the 
                Secretary shall require the applicant to submit a zero 
                emission transition plan, which, at a minimum--
                          ``(i) demonstrates a long-term fleet 
                      management plan with a strategy for how the 
                      applicant intends to use the current application 
                      and future acquisitions;
                          ``(ii) addresses the availability of current 
                      and future resources to meet costs;
                          ``(iii) considers policy and legislation 
                      impacting technologies;
                          ``(iv) <<NOTE: Evaluation.>>  includes an 
                      evaluation of existing and future facilities and 
                      their relationship to the technology transition;
                          ``(v) describes the partnership of the 
                      applicant with the utility or alternative fuel 
                      provider of the applicant; and
                          ``(vi) <<NOTE: Examination.>>  examines the 
                      impact of the transition on the applicant's 
                      current workforce by identifying skill gaps, 
                      training needs, and retraining needs of the 
                      existing workers of the applicant to operate and 
                      maintain zero emission vehicles and related 
                      infrastructure and avoids the displacement of the 
                      existing workforce.'';
                    (B) by striking paragraph (5) and inserting the 
                following:
            ``(5) Consideration.--In awarding grants under this 
        subsection, the Secretary--
                    ``(A) shall consider eligible projects relating to 
                the acquisition or leasing of low or no emission buses 
                or bus facilities that make greater reductions in energy 
                consumption and harmful emissions, including direct 
                carbon emissions, than comparable standard buses or 
                other low or no emission buses; and
                    ``(B) shall, for no less than 25 percent of the 
                funds made available to carry out this subsection, only 
                consider eligible projects related to the acquisition of 
                low or no emission buses or bus facilities other than 
                zero emission vehicles and related facilities.''; and
                    (C) by adding at the end the following:
            ``(8) Continued use of partnerships.--
                    ``(A) In general.--A recipient of a grant under this 
                subsection may submit an application in partnership with 
                other entities, including a transit vehicle 
                manufacturer, that intends to participate in the 
                implementation of an eligible project under this 
                subsection.
                    ``(B) Competitive procurement.--Eligible projects 
                awarded with partnerships under this subsection shall be 
                considered to satisfy the requirement for a competitive 
                procurement under section 5325.''; and

[[Page 135 STAT. 918]]

            (4) by adding at the end the following:

    ``(d) <<NOTE: Certification.>>  Workforce Development Training 
Activities.--5 percent of grants related to zero emissions vehicles (as 
defined in subsection (c)(1)) or related infrastructure under subsection 
(b) or (c) shall be used by recipients to fund workforce development 
training, as described in section 5314(b)(2) (including registered 
apprenticeships and other labor-management training programs) under the 
recipient's plan to address the impact of the transition to zero 
emission vehicles on the applicant's current workforce under subsection 
(c)(3)(D), unless the recipient certifies a smaller percentage is 
necessary to carry out that plan.''.
SEC. 30019. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY SAFETY, 
                            ACCOUNTABILITY, AND INVESTMENT.

    (a) Definitions.--In this section:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Transit Authority.
            (2) Compact.--The term ``Compact'' means the Washington 
        Metropolitan Area Transit Authority Compact consented to by 
        Congress under Public Law 89-774 (80 Stat. 1324).
            (3) Covered recipient.--The term ``covered recipient'' 
        means--
                    (A)(i) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (ii) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (iii) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (iv) the Committee on Oversight and Reform of the 
                House of Representatives;
                    (B)(i) the Governor of Maryland;
                    (ii) the President of the Maryland Senate; and
                    (iii) the Speaker of the Maryland House of 
                Delegates;
                    (C)(i) the Governor of Virginia;
                    (ii) the President of the Virginia Senate; and
                    (iii) the Speaker of the Virginia House of 
                Delegates;
                    (D)(i) the Mayor of the District of Columbia; and
                    (ii) the Chairman of the Council of the District of 
                Columbia; and
                    (E) the Chairman of the Northern Virginia 
                Transportation Commission.
            (4) Inspector general; office of the inspector general.--The 
        terms ``Inspector General'' and ``Office of Inspector General'' 
        mean the Inspector General and the Office of Inspector General, 
        respectively, of the Transit Authority.
            (5) Transit authority.--The term ``Transit Authority'' means 
        the Washington Metropolitan Area Transit Authority established 
        under Article III of the Compact.

    (b) Reauthorization of Capital and Preventive Maintenance Grants to 
Washington Metropolitan Area Transit Authority.--Section 601(f) of the 
Passenger Rail Investment and Improvement Act of 2008 (division B of 
Public Law 110-432; 122 Stat. 4970) is amended by striking ``an 
aggregate amount'' and all that follows through the period at the end 
and inserting ``$150,000,000 for each of fiscal years 2022 through 
2030.''.
    (c) Funds for Washington Metropolitan Area Transit Authority's 
Inspector General.--Title VI of the Passenger Rail

[[Page 135 STAT. 919]]

Investment and Improvement Act of 2008 (division B of Public Law 110-
432; 122 Stat. 4968) is amended by adding at the end the following:
``SEC. 602. FUNDING FOR INSPECTOR GENERAL.

    ``(a) Definitions.--In this section:
            ``(1) Compact.--The term `Compact' means the Washington 
        Metropolitan Area Transit Authority Compact consented to by 
        Congress under Public Law 89-774 (80 Stat. 1324).
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(3) Transit authority.--The term `Transit Authority' has 
        the meaning given the term in section 601(a)(2).

    ``(b) Funding for Office of Inspector General of the Washington 
Metropolitan Area Transit Authority.--Subject to subsection (c), of the 
amounts authorized to be appropriated for a fiscal year under section 
601(f), the Secretary shall use $5,000,000 for grants to the Transit 
Authority for use exclusively by the Office of Inspector General of the 
Transit Authority for the operations of the Office in accordance with 
Section 9 of Article III of the Compact, to remain available until 
expended.
    ``(c) Matching Inspector General Funds Required From Transit 
Authority.--The Secretary may not provide any amounts to the Transit 
Authority for a fiscal year under subsection (b) until the Transit 
Authority notifies the Secretary that the Transit Authority has made 
available $5,000,000 in non-Federal funds for that fiscal year for use 
exclusively by the Office of Inspector General of the Transit Authority 
for the operations of the Office in accordance with Section 9 of Article 
III of the Compact.''.
    (d) Reforms to Office of Inspector General.--
            (1) Sense of congress.--Congress recognizes the importance 
        of the Transit Authority having a strong and independent Office 
        of Inspector General, as codified in subsections (a) and (d) of 
        Section 9 of Article III of the Compact.
            (2) <<NOTE: Certification.>>  Reforms.--The Secretary of 
        Transportation may not provide any amounts to the Transit 
        Authority under section 601(f) of the Passenger Rail Investment 
        and Improvement Act of 2008 (division B of Public Law 110-432; 
        122 Stat. 4968) (as amended by subsection (b)), until the 
        Secretary of Transportation certifies that the Board has passed 
        a resolution that--
                    (A) <<NOTE: Budget estimate.>>  provides that, for 
                each fiscal year, the Office of Inspector General shall 
                transmit a budget estimate and request to the Board 
                specifying the aggregate amount of funds requested for 
                the fiscal year for the operations of the Office of 
                Inspector General;
                    (B) delegates to the Inspector General, to the 
                extent possible under the Compact and in accordance with 
                each applicable Federal law or regulation, contracting 
                officer authority, subject to the requirement that the 
                Inspector General exercise that authority--
                          (i) in accordance with Section 73 of Article 
                      XVI of the Compact, after working with the Transit 
                      Authority to amend procurement policies and 
                      procedures to give the Inspector General approving 
                      authority for exceptions to those policies and 
                      procedures; and

[[Page 135 STAT. 920]]

                          (ii) only as is necessary to carry out the 
                      duties of the Office of Inspector General;
                    (C) delegates to the Inspector General, to the 
                extent possible under the Compact and in accordance with 
                each applicable Federal law or regulation--
                          (i) the authority to select, appoint, and 
                      employ such officers and employees as may be 
                      necessary for carrying out the duties of the 
                      Office of Inspector General, subject to the 
                      requirement that the Inspector General exercise 
                      that authority in accordance with--
                                    (I) subsections (g) and (h) of 
                                Section 12 of Article V of the Compact; 
                                and
                                    (II) personnel policies and 
                                procedures of the Transit Authority; and
                          (ii) approving authority, subject to the 
                      approval of the Board, for exceptions to policies 
                      that impact the independence of the Office of 
                      Inspector General, but those exceptions may not 
                      include the use of employee benefits and pension 
                      plans other than the employee benefits and pension 
                      plans of the Transit Authority;
                    (D)(i) ensures that the Inspector General obtains 
                legal advice from a counsel reporting directly to the 
                Inspector General; and
                    (ii) prohibits the counsel described in clause (i) 
                from--
                          (I) providing legal advice for or on behalf of 
                      the Transit Authority;
                          (II) issuing a legal opinion on behalf of the 
                      Transit Authority or making a statement about a 
                      legal position of the Transit Authority; or
                          (III) waiving any privilege or protection from 
                      disclosure on any matter under the jurisdiction of 
                      the Transit Authority; and
                    (E) requires the Inspector General to--
                          (i) <<NOTE: Reports. Recommenda- tions.>>  
                      post any report containing a recommendation for 
                      corrective action to the website of the Office of 
                      Inspector General not later than 3 days after the 
                      report is submitted in final form to the Board, 
                      except that--
                                    (I) the Inspector General shall, if 
                                required by law or otherwise 
                                appropriate, redact--
                                            (aa) personally identifiable 
                                        information;
                                            (bb) legally privileged 
                                        information;
                                            (cc) information legally 
                                        prohibited from disclosure; and
                                            (dd) information that, in 
                                        the determination of the 
                                        Inspector General, would pose a 
                                        security risk to the systems of 
                                        the Transit Authority; and
                                    (II) <<NOTE: Recommenda- tions.>>  
                                with respect to any investigative 
                                findings in a case involving 
                                administrative misconduct, whether 
                                included in a recommendation or 
                                otherwise, the Inspector General shall 
                                publish only a summary of the findings, 
                                which summary shall be redacted in 
                                accordance with the procedures set forth 
                                in subclause (I);
                          (ii) <<NOTE: Reports. Recommenda- tions.>>  
                      submit a semiannual report containing 
                      recommendations of corrective action to the Board, 
                      which

[[Page 135 STAT. 921]]

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

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

[[Page 135 STAT. 922]]

                          (ii) procedures to develop a data set of 
                      track, guideway, and infrastructure systems, 
                      including tunnels, bridges, and communications 
                      assets, that complies with the transit asset 
                      management regulations of the Secretary of 
                      Transportation under part 625 of title 49, Code of 
                      Federal Regulations (or successor regulations); 
                      and
                    (C) performance measures, aligned with the strategic 
                goals of the Transit Authority, to assess the 
                effectiveness and outcomes of major capital projects.
            (2) Annual report.--As a condition of receiving amounts 
        under section 602(b) of the Passenger Rail Investment and 
        Improvement Act of 2008 (division B of Public Law 110-432; 122 
        Stat. 4968) (as added by subsection (c)), the Transit Authority 
        shall submit an annual report detailing the Capital Improvement 
        Program of the Transit Agency approved by the Board and 
        compliance with the transit asset management regulations of the 
        Secretary of Transportation under part 625 of title 49, Code of 
        Federal Regulations (or successor regulations), to--
                    (A) each covered recipient; and
                    (B) any other recipient that the Board determines 
                appropriate.

    (f) Sense of Congress.--It is the sense of Congress that the Transit 
Authority should--
            (1) continue to prioritize the implementation of new 
        technological systems that include robust cybersecurity 
        protections; and
            (2) prioritize continued integration of new wireless 
        services and emergency communications networks, while also 
        leveraging partnerships with mobility services to improve the 
        competitiveness of the core business.

    (g) Additional Reporting.--
            (1) <<NOTE: Assessments.>>  In general.--Not later than 3 
        years after the date of enactment of this Act, the Comptroller 
        General of the United States shall submit to the congressional 
        committees described in paragraph (2) a report that--
                    (A) assesses whether the reforms required under 
                subsection (d) (relating to strengthening the 
                independence of the Office of Inspector General) have 
                been implemented; and
                    (B) assesses--
                          (i) whether the reforms required under 
                      subsection (g) have been implemented; and
                          (ii) the impact of those reforms on the 
                      capital planning process of the Transit Authority.
            (2) Congressional committees.--The congressional committees 
        described in this paragraph are--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (D) the Committee on Oversight and Reform of the 
                House of Representatives.

[[Page 135 STAT. 923]]

                           DIVISION D--ENERGY

SEC. 40001. <<NOTE: 42 USC 18701.>>  DEFINITIONS.

    In this division:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Indian tribe.--The term ``Indian Tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

               TITLE I--GRID INFRASTRUCTURE AND RESILIENCY

       Subtitle A--Grid Infrastructure Resilience and Reliability

SEC. 40101. <<NOTE: 42 USC 18711.>>  PREVENTING OUTAGES AND 
                            ENHANCING THE RESILIENCE OF THE 
                            ELECTRIC GRID.

    (a) Definitions.--In this section:
            (1) Disruptive event.--The term ``disruptive event'' means 
        an event in which operations of the electric grid are disrupted, 
        preventively shut off, or cannot operate safely due to extreme 
        weather, wildfire, or a natural disaster.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) an electric grid operator;
                    (B) an electricity storage operator;
                    (C) an electricity generator;
                    (D) a transmission owner or operator;
                    (E) a distribution provider;
                    (F) a fuel supplier; and
                    (G) any other relevant entity, as determined by the 
                Secretary.
            (3) Natural disaster.--The term ``natural disaster'' has the 
        meaning given the term in section 602(a) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5195a(a)).
            (4) Power line.--The term ``power line'' includes a 
        transmission line or a distribution line, as applicable.
            (5) Program.--The term ``program'' means the program 
        established under subsection (b).

    (b) <<NOTE: Deadline.>>  Establishment of Program.--Not later than 
180 days after the date of enactment of this Act, the Secretary shall 
establish a program under which the Secretary shall make grants to 
eligible entities, States, and Indian Tribes in accordance with this 
section.

    (c) Grants to Eligible Entities.--
            (1) In general.--The Secretary may make a grant under the 
        program to an eligible entity to carry out activities that--
                    (A) are supplemental to existing hardening efforts 
                of the eligible entity planned for any given year; and
                    (B)(i) reduce the risk of any power lines owned or 
                operated by the eligible entity causing a wildfire; or

[[Page 135 STAT. 924]]

                    (ii) increase the ability of the eligible entity to 
                reduce the likelihood and consequences of disruptive 
                events.
            (2) Application.--
                    (A) In general.--An eligible entity desiring a grant 
                under the program shall submit to the Secretary an 
                application at such time, in such manner, and containing 
                such information as the Secretary may require.
                    (B) Requirement.--As a condition of receiving a 
                grant under the program, an eligible entity shall submit 
                to the Secretary, as part of the application of the 
                eligible entity submitted under subparagraph (A), a 
                report detailing past, current, and future efforts by 
                the eligible entity to reduce the likelihood and 
                consequences of disruptive events.
            (3) Limitation.--The Secretary may not award a grant to an 
        eligible entity in an amount that is greater than the total 
        amount that the eligible entity has spent in the previous 3 
        years on efforts to reduce the likelihood and consequences of 
        disruptive events.
            (4) Priority.--In making grants to eligible entities under 
        the program, the Secretary shall give priority to projects that, 
        in the determination of the Secretary, will generate the 
        greatest community benefit (whether rural or urban) in reducing 
        the likelihood and consequences of disruptive events.
            (5) Small utilities set aside.--The Secretary shall ensure 
        that not less than 30 percent of the amounts made available to 
        eligible entities under the program are made available to 
        eligible entities that sell not more than 4,000,000 megawatt 
        hours of electricity per year.

    (d) Grants to States and Indian Tribes.--
            (1) In general.--The Secretary, in accordance with this 
        subsection, may make grants under the program to States and 
        Indian Tribes, which each State or Indian Tribe may use to award 
        grants to eligible entities.
            (2) Annual application.--
                    (A) In general.--For each fiscal year, to be 
                eligible to receive a grant under this subsection, a 
                State or Indian Tribe shall submit to the Secretary an 
                application that includes a plan described in 
                subparagraph (B).
                    (B) Plan required.--A plan prepared by a State or 
                Indian Tribe for purposes of an application described in 
                subparagraph (A) shall--
                          (i) describe the criteria and methods that 
                      will be used by the State or Indian Tribe to award 
                      grants to eligible entities;
                          (ii) be adopted after notice and a public 
                      hearing; and
                          (iii) describe the proposed funding 
                      distributions and recipients of the grants to be 
                      provided by the State or Indian Tribe.
            (3) Distribution of funds.--
                    (A) In general.--The Secretary shall provide grants 
                to States and Indian Tribes under this subsection based 
                on a formula determined by the Secretary, in accordance 
                with subparagraph (B).
                    (B) Requirement.--The formula referred to in 
                subparagraph (A) shall be based on the following 
                factors:

[[Page 135 STAT. 925]]

                          (i) The total population of the State or 
                      Indian Tribe.
                          (ii)(I) The total area of the State or the 
                      land of the Indian Tribe; or
                          (II) the areas in the State or on the land of 
                      the Indian Tribe with a low ratio of electricity 
                      customers per mileage of power lines.
                          (iii) The probability of disruptive events in 
                      the State or on the land of the Indian Tribe 
                      during the previous 10 years, as determined based 
                      on the number of federally declared disasters or 
                      emergencies in the State or on the land of the 
                      Indian Tribe, as applicable, including--
                                    (I) disasters for which Fire 
                                Management Assistance Grants are 
                                provided under section 420 of the Robert 
                                T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5187);
                                    (II) major disasters declared by the 
                                President under section 401 of that Act 
                                (42 U.S.C. 5170);
                                    (III) emergencies declared by the 
                                President under section 501 of that Act 
                                (42 U.S.C. 5191); and
                                    (IV) any other federally declared 
                                disaster or emergency in the State or on 
                                the land of the Indian Tribe.
                          (iv) The number and severity, measured by 
                      population and economic impacts, of disruptive 
                      events experienced by the State or Indian Tribe on 
                      or after January 1, 2011.
                          (v) The total amount, on a per capita basis, 
                      of public and private expenditures during the 
                      previous 10 years to carry out mitigation efforts 
                      to reduce the likelihood and consequences of 
                      disruptive events in the State or on the land of 
                      the Indian Tribe, with States or Indian Tribes 
                      with higher per capita expenditures receiving 
                      additional weight or consideration as compared to 
                      States or Indian Tribes with lower per capita 
                      expenditures.
                    (C) Annual update of data used in distribution of 
                funds.-- <<NOTE: Effective date.>> Beginning 1 year 
                after the date of enactment of this Act, the Secretary 
                shall annually update--
                          (i) all data relating to the factors described 
                      in subparagraph (B); and
                          (ii) all other data used in distributing 
                      grants to States and Indian Tribes under this 
                      subsection.
            (4) Oversight.--The Secretary shall ensure that each grant 
        provided to a State or Indian Tribe under the program is 
        allocated, pursuant to the applicable plan of the State or 
        Indian Tribe, to eligible entities for projects within the State 
        or on the land of the Indian Tribe.
            (5) Priority.--In making grants to eligible entities using 
        funds made available to the applicable State or Indian Tribe 
        under the program, the State or Indian Tribe shall give priority 
        to projects that, in the determination of the State or Indian 
        Tribe, will generate the greatest community benefit (whether 
        rural or urban) in reducing the likelihood and consequences of 
        disruptive events.

[[Page 135 STAT. 926]]

            (6) Small utilities set aside.--A State or Indian Tribe 
        receiving a grant under the program shall ensure that, of the 
        amounts made available to eligible entities from funds made 
        available to the State or Indian Tribe under the program, the 
        percentage made available to eligible entities that sell not 
        more than 4,000,000 megawatt hours of electricity per year is 
        not less than the percentage of all customers in the State or 
        Indian Tribe that are served by those eligible entities.
            (7) Technical assistance and administrative expenses.--Of 
        the amounts made available to a State or Indian Tribe under the 
        program each fiscal year, the State or Indian Tribe may use not 
        more than 5 percent for--
                    (A) providing technical assistance under subsection 
                (g)(1)(A); and
                    (B) administrative expenses associated with the 
                program.
            (8) Matching requirement.--Each State and Indian Tribe shall 
        be required to match 15 percent of the amount of each grant 
        provided to the State or Indian Tribe under the program.

    (e) Use of Grants.--
            (1) In general.--A grant awarded to an eligible entity under 
        the program may be used for activities, technologies, equipment, 
        and hardening measures to reduce the likelihood and consequences 
        of disruptive events, including--
                    (A) weatherization technologies and equipment;
                    (B) fire-resistant technologies and fire prevention 
                systems;
                    (C) monitoring and control technologies;
                    (D) the undergrounding of electrical equipment;
                    (E) utility pole management;
                    (F) the relocation of power lines or the 
                reconductoring of power lines with low-sag, advanced 
                conductors;
                    (G) vegetation and fuel-load management;
                    (H) the use or construction of distributed energy 
                resources for enhancing system adaptive capacity during 
                disruptive events, including--
                          (i) microgrids; and
                          (ii) battery-storage subcomponents;
                    (I) adaptive protection technologies;
                    (J) advanced modeling technologies;
                    (K) hardening of power lines, facilities, 
                substations, of other systems; and
                    (L) the replacement of old overhead conductors and 
                underground cables.
            (2) Prohibitions and limitations.--
                    (A) In general.--A grant awarded to an eligible 
                entity under the program may not be used for--
                          (i) construction of a new--
                                    (I) electric generating facility; or
                                    (II) large-scale battery-storage 
                                facility that is not used for enhancing 
                                system adaptive capacity during 
                                disruptive events; or
                          (ii) cybersecurity.
                    (B) Certain investments eligible for recovery.--
                          (i) In general.--An eligible entity may not 
                      seek cost recovery for the portion of the cost of 
                      any system,

[[Page 135 STAT. 927]]

                      technology, or equipment that is funded through a 
                      grant awarded under the program.
                          (ii) Savings provision.--Nothing in this 
                      subparagraph prohibits an eligible entity from 
                      recovering through traditional or incentive-based 
                      ratemaking any portion of an investment in a 
                      system, technology, or equipment that is not 
                      funded by a grant awarded under the program.
                    (C) Application limitations.--An eligible entity may 
                not submit an application for a grant provided by the 
                Secretary under subsection (c) and a grant provided by a 
                State or Indian Tribe pursuant to subsection (d) during 
                the same application cycle.

    (f) Distribution of Funding.--Of the amounts made available to carry 
out the program for a fiscal year, the Secretary shall ensure that--
            (1) 50 percent is used to award grants to eligible entities 
        under subsection (c); and
            (2) 50 percent is used to make grants to States and Indian 
        Tribes under subsection (d).

    (g) Technical and Other Assistance.--
            (1) In general.--The Secretary, States, and Indian Tribes 
        may--
                    (A) provide technical assistance and facilitate the 
                distribution and sharing of information to reduce the 
                likelihood and consequences of disruptive events; and
                    (B) promulgate consumer-facing information and 
                resources to inform the public of best practices and 
                resources relating to reducing the likelihood and 
                consequences of disruptive events.
            (2) Use of funds by the secretary.--Of the amounts made 
        available to the Secretary to carry out the program each fiscal 
        year, the Secretary may use not more than 5 percent for--
                    (A) providing technical assistance under paragraph 
                (1)(A); and
                    (B) administrative expenses associated with the 
                program.

    (h) Matching Requirement.--
            (1) In general.--Except as provided in paragraph (2), an 
        eligible entity that receives a grant under this section shall 
        be required to match 100 percent of the amount of the grant.
            (2) Exception for small utilities.--An eligible entity that 
        sells not more than 4,000,000 megawatt hours of electricity per 
        year shall be required to match \1/3\ of the amount of the 
        grant.

    (i) Biennial Report to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 2 years thereafter through 
        2026, the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report describing the 
        program.
            (2) Requirements.--The report under paragraph (1) shall 
        include information and data on--
                    (A) the costs of the projects for which grants are 
                awarded to eligible entities;

[[Page 135 STAT. 928]]

                    (B) the types of activities, technologies, 
                equipment, and hardening measures funded by those 
                grants; and
                    (C) the extent to which the ability of the power 
                grid to withstand disruptive events has increased.

    (j) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out the 
program $5,000,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40102. HAZARD MITIGATION USING DISASTER ASSISTANCE.

    Section 404(f)(12) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended--
            (1) by inserting ``and wildfire'' after ``windstorm'';
            (2) by striking ``including replacing'' and inserting the 
        following: ``including--
                    ``(A) replacing'';
            (3) in subparagraph (A) (as so designated)--
                    (A) by inserting ``, wildfire,'' after ``extreme 
                wind''; and
                    (B) by adding ``and'' after the semicolon at the 
                end; and
            (4) by adding at the end the following:
                    ``(B) the installation of fire-resistant wires and 
                infrastructure and the undergrounding of wires;''.
SEC. 40103. <<NOTE: 42 USC 18712.>>  ELECTRIC GRID RELIABILITY AND 
                            RESILIENCE RESEARCH, DEVELOPMENT, AND 
                            DEMONSTRATION.

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

[[Page 135 STAT. 929]]

        submit to the Secretary an application at such time, in such 
        manner, and containing such information as the Secretary may 
        require, including a description of--
                    (A) how the Federal financial assistance would be 
                used;
                    (B) the expected beneficiaries, and
                    (C) in the case of a proposal from an eligible 
                entity described in paragraph (1)(A)(ii), how the 
                proposal would improve regional energy infrastructure.
            (5) Selection.--The Secretary shall select eligible entities 
        to receive Federal financial assistance under the program on a 
        competitive basis.
            (6) Cost share.--Section 988 of the Energy Policy Act of 
        2005 (42 U.S.C. 16352) shall apply to Federal financial 
        assistance provided under the program.
            (7) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out this subsection, $5,000,000,000 for the 
        period of fiscal years 2022 through 2026.

    (c) Energy Improvement in Rural or Remote Areas.--
            (1) Definition of rural or remote area.--In this subsection, 
        the term ``rural or remote area'' means a city, town, or 
        unincorporated area that has a population of not more than 
        10,000 inhabitants.
            (2) Required activities.--The Secretary shall carry out 
        activities to improve in rural or remote areas of the United 
        States--
                    (A) the resilience, safety, reliability, and 
                availability of energy; and
                    (B) environmental protection from adverse impacts of 
                energy generation.
            (3) Federal financial assistance.--The Secretary, in 
        consultation with the Secretary of the Interior, may provide 
        Federal financial assistance to rural or remote areas for the 
        purpose of--
                    (A) overall cost-effectiveness of energy generation, 
                transmission, or distribution systems;
                    (B) siting or upgrading transmission and 
                distribution lines;
                    (C) reducing greenhouse gas emissions from energy 
                generation by rural or remote areas;
                    (D) providing or modernizing electric generation 
                facilities;
                    (E) developing microgrids; and
                    (F) increasing energy efficiency.
            (4) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out this subsection, $1,000,000,000 for the 
        period of fiscal years 2022 through 2026.

    (d) Energy Infrastructure Resilience Framework.--
            (1) In general.--The Secretary, in collaboration with the 
        Secretary of Homeland Security, the Federal Energy Regulatory 
        Commission, the North American Electric Reliability Corporation, 
        and interested energy infrastructure stakeholders, shall develop 
        common analytical frameworks, tools, metrics, and data to assess 
        the resilience, reliability, safety, and security of energy 
        infrastructure in the United States, including by developing

[[Page 135 STAT. 930]]

        and storing an inventory of easily transported high-voltage 
        recovery transformers and other required equipment.
            (2) Assessment and report.--
                    (A) Assessment.--The Secretary shall carry out an 
                assessment of--
                          (i) with respect to the inventory of high-
                      voltage recovery transformers, new transformers, 
                      and other equipment proposed to be developed and 
                      stored under paragraph (1)--
                                    (I) the policies, technical 
                                specifications, and logistical and 
                                program structures necessary to mitigate 
                                the risks associated with the loss of 
                                high-voltage recovery transformers;
                                    (II) the technical specifications 
                                for high-voltage recovery transformers;
                                    (III) where inventory of high-
                                voltage recovery transformers should be 
                                stored;
                                    (IV) the quantity of high-voltage 
                                recovery transformers necessary for the 
                                inventory;
                                    (V) how the stored inventory of 
                                high-voltage recovery transformers would 
                                be secured and maintained;
                                    (VI) how the high-voltage recovery 
                                transformers may be transported;
                                    (VII) opportunities for developing 
                                new flexible advanced transformer 
                                designs; and
                                    (VIII) whether new Federal 
                                regulations or cost-sharing requirements 
                                are necessary to carry out the storage 
                                of high-voltage recovery transformers; 
                                and
                          (ii) any efforts carried out by industry as of 
                      the date of the assessment--
                                    (I) to share transformers and 
                                equipment;
                                    (II) to develop plans for next 
                                generation transformers; and
                                    (III) to plan for surge and long-
                                term manufacturing of, and long-term 
                                standardization of, transformer designs.
                    (B) Protection of information.--Information that is 
                provided to, generated by, or collected by the Secretary 
                under subparagraph (A) shall be considered to be 
                critical electric infrastructure information under 
                section 215A of the Federal Power Act (16 U.S.C. 824o-
                1).
                    (C) Report.--Not later than 180 days after the date 
                of enactment of this Act, the Secretary shall submit to 
                Congress a report describing the results of the 
                assessment carried out under subparagraph (A).
SEC. 40104. UTILITY DEMAND RESPONSE.

    (a) Consideration of Demand-Response Standard.--
            (1) In general.--Section 111(d) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended 
        by adding at the end the following:
            ``(20) Demand-response practices.--
                    ``(A) In general.--Each electric utility shall 
                promote the use of demand-response and demand 
                flexibility practices by commercial, residential, and 
                industrial consumers

[[Page 135 STAT. 931]]

                to reduce electricity consumption during periods of 
                unusually high demand.
                    ``(B) Rate recovery.--
                          ``(i) In general.--Each State regulatory 
                      authority shall consider establishing rate 
                      mechanisms allowing an electric utility with 
                      respect to which the State regulatory authority 
                      has ratemaking authority to timely recover the 
                      costs of promoting demand-response and demand 
                      flexibility practices in accordance with 
                      subparagraph (A).
                          ``(ii) Nonregulated electric utilities.--A 
                      nonregulated electric utility may establish rate 
                      mechanisms for the timely recovery of the costs of 
                      promoting demand-response and demand flexibility 
                      practices in accordance with subparagraph (A).''.
            (2) Compliance.--
                    (A) Time limitations.--Section 112(b) of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2622(b)) is amended by adding at the end the following:
            ``(7)(A) <<NOTE: Deadline.>>  Not later than 1 year after 
        the date of enactment of this paragraph, each State regulatory 
        authority (with respect to each electric utility for which the 
        State has ratemaking authority) and each nonregulated electric 
        utility shall commence consideration under section 111, or set a 
        hearing date for consideration, with respect to the standard 
        established by paragraph (20) of section 111(d).
            ``(B) <<NOTE: Deadline.>>  Not later than 2 years after the 
        date of enactment of this paragraph, each State regulatory 
        authority (with respect to each electric utility for which the 
        State has ratemaking authority), and each nonregulated electric 
        utility shall complete the consideration and make the 
        determination under section 111 with respect to the standard 
        established by paragraph (20) of section 111(d).''.
                    (B) Failure to comply.--
                          (i) In general.--Section 112(c) of the Public 
                      Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                      2622(c)) is amended--
                                    (I) by striking ``such paragraph 
                                (14)'' and all that follows through 
                                ``paragraphs (16)'' and inserting ``such 
                                paragraph (14). In the case of the 
                                standard established by paragraph (15) 
                                of section 111(d), the reference 
                                contained in this subsection to the date 
                                of enactment of this Act shall be deemed 
                                to be a reference to the date of 
                                enactment of that paragraph (15). In the 
                                case of the standards established by 
                                paragraphs (16)''; and
                                    (II) by adding at the end the 
                                following: ``In the case of the standard 
                                established by paragraph (20) of section 
                                111(d), the reference contained in this 
                                subsection to the date of enactment of 
                                this Act shall be deemed to be a 
                                reference to the date of enactment of 
                                that paragraph (20).''.
                          (ii) Technical correction.--Paragraph (2) of 
                      section 1254(b) of the Energy Policy Act of 2005 
                      (Public Law 109-58; 119 Stat. 971) <<NOTE: 16 USC 
                      2622 and note.>>  is repealed and the amendment 
                      made by that paragraph (as in effect on the day 
                      before the date of enactment of this Act) is void,

[[Page 135 STAT. 932]]

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

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

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

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

[[Page 135 STAT. 933]]

                          ``(vii) promote the installation of demand-
                      response technology and the use of demand-response 
                      practices in Federal buildings.''.

    (d) Components of Zero-Net-Energy Commercial Buildings Initiative.--
Section 422(d)(3) of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17082(d)) is amended by inserting ``(including demand-
response technologies, practices, and policies)'' after ``policies''.
SEC. 40105. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

    (a) Designation of National Interest Electric Transmission 
Corridors.--Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)) 
is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and Indian Tribes'' after 
                ``affected States''; and
                    (B) by inserting ``capacity constraints and'' before 
                ``congestion'';
            (2) in paragraph (2)--
                    (A) by striking ``After'' and inserting ``Not less 
                frequently than once every 3 years, the Secretary, 
                after''; and
                    (B) by striking ``affected States'' and all that 
                follows through the period at the end and inserting the 
                following: ``affected States and Indian Tribes), shall 
                issue a report, based on the study under paragraph (1) 
                or other information relating to electric transmission 
                capacity constraints and congestion, which may designate 
                as a national interest electric transmission corridor 
                any geographic area that--
                          ``(i) is experiencing electric energy 
                      transmission capacity constraints or congestion 
                      that adversely affects consumers; or
                          ``(ii) is expected to experience such energy 
                      transmission capacity constraints or 
                      congestion.'';
            (3) in paragraph (3)--
                    (A) by striking ``The Secretary shall conduct the 
                study and issue the report in consultation'' and 
                inserting ``Not less frequently than once every 3 years, 
                the Secretary, in conducting the study under paragraph 
                (1) and issuing the report under paragraph (2), shall 
                consult''; and
            (4) in paragraph (4)--
                    (A) in subparagraph (C), by inserting ``or energy 
                security'' after ``independence'';
                    (B) in subparagraph (D), by striking ``and'' at the 
                end;
                    (C) in subparagraph (E), by striking the period at 
                the end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(F) the designation would enhance the ability of 
        facilities that generate or transmit firm or intermittent energy 
        to connect to the electric grid;
            ``(G) the designation--
                    ``(i) maximizes existing rights-of-way; and
                    ``(ii) avoids and minimizes, to the maximum extent 
                practicable, and offsets to the extent appropriate and 
                practicable, sensitive environmental areas and cultural 
                heritage sites; and

[[Page 135 STAT. 934]]

            ``(H) the designation would result in a reduction in the 
        cost to purchase electric energy for consumers.''.

    (b) Construction Permit.--Section 216(b) of the Federal Power Act 
(16 U.S.C. 824p(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)(ii), by inserting ``or 
                interregional benefits'' after ``interstate benefits''; 
                and
                    (B) by striking subparagraph (C) and inserting the 
                following:
            ``(C) a State commission or other entity that has authority 
        to approve the siting of the facilities--
                    ``(i) has not made a determination on an application 
                seeking approval pursuant to applicable law by the date 
                that is 1 year after the later of--
                          ``(I) the date on which the application was 
                      filed; and
                          ``(II) the date on which the relevant national 
                      interest electric transmission corridor was 
                      designated by the Secretary under subsection (a);
                    ``(ii) has conditioned its approval in such a manner 
                that the proposed construction or modification will not 
                significantly reduce transmission capacity constraints 
                or congestion in interstate commerce or is not 
                economically feasible; or
                    ``(iii) has denied an application seeking approval 
                pursuant to applicable law;''.

    (c) Rights-of-Way.--Section 216(e)(1) of the Federal Power Act (16 
U.S.C. 824p(e)(1)) is amended by striking ``modify the transmission 
facilities, the'' and inserting ``modify, and operate and maintain, the 
transmission facilities and, in the determination of the Commission, the 
permit holder has made good faith efforts to engage with landowners and 
other stakeholders early in the applicable permitting process, the''.
    (d) Interstate Compacts.--Section 216(i) of the Federal Power Act 
(16 U.S.C. 824p(i)) is amended--
            (1) in paragraph (2), by striking ``may'' and inserting 
        ``shall''; and
            (2) in paragraph (4), by striking ``the members'' and all 
        that follows through the period at the end and inserting the 
        following: ``the Secretary determines that the members of the 
        compact are in disagreement after the later of--
                    ``(A) the date that is 1 year after the date on 
                which the relevant application for the facility was 
                filed; and
                    ``(B) the date that is 1 year after the date on 
                which the relevant national interest electric 
                transmission corridor was designated by the Secretary 
                under subsection (a).''.
SEC. 40106. <<NOTE: 42 USC 18713.>>  TRANSMISSION FACILITATION 
                            PROGRAM.

    (a) Definitions.--In this section:
            (1) Capacity contract.--The term ``capacity contract'' means 
        a contract entered into by the Secretary and an eligible entity 
        under subsection (e)(1)(A) for the right to the use of the 
        transmission capacity of an eligible project.
            (2) Eligible electric power transmission line.--The term 
        ``eligible electric power transmission line'' means an electric 
        power transmission line that is capable of transmitting not less 
        than--

[[Page 135 STAT. 935]]

                    (A) 1,000 megawatts; or
                    (B) in the case of a project that consists of 
                upgrading an existing transmission line or constructing 
                a new transmission line in an existing transmission, 
                transportation, or telecommunications infrastructure 
                corridor, 500 megawatts.
            (3) Eligible entity.--The term ``eligible entity'' means an 
        entity seeking to carry out an eligible project.
            (4) Eligible project.--The term ``eligible project'' means a 
        project (including any related facility)--
                    (A) to construct a new or replace an existing 
                eligible electric power transmission line;
                    (B) to increase the transmission capacity of an 
                existing eligible electric power transmission line; or
                    (C) to connect an isolated microgrid to an existing 
                transmission, transportation, or telecommunications 
                infrastructure corridor located in Alaska, Hawaii, or a 
                territory of the United States.
            (5) Fund.--The term ``Fund'' means the Transmission 
        Facilitation Fund established by subsection (d)(1).
            (6) Program.--The term ``program'' means the Transmission 
        Facilitation Program established by subsection (b).
            (7) Related facility.--
                    (A) In general.--The term ``related facility'' means 
                a facility related to an eligible project described in 
                paragraph (4).
                    (B) Exclusions.--The term ``related facility'' does 
                not include--
                          (i) facilities used primarily to generate 
                      electric energy; or
                          (ii) facilities used in the local distribution 
                      of electric energy.

    (b) Establishment.--There is established a program, to be known as 
the ``Transmission Facilitation Program'', under which the Secretary 
shall facilitate the construction of electric power transmission lines 
and related facilities in accordance with subsection (e).
    (c) Applications.--
            (1) In general.--To be eligible for assistance under this 
        section, an eligible entity shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (2) Procedures.--The Secretary shall establish procedures 
        for the solicitation and review of applications from eligible 
        entities.

    (d) Funding.--
            (1) Transmission facilitation fund.--There is established in 
        the Treasury a fund, to be known as the ``Transmission 
        Facilitation Fund'', consisting of--
                    (A) all amounts received by the Secretary, including 
                receipts, collections, and recoveries, from any source 
                relating to expenses incurred by the Secretary in 
                carrying out the program, including--
                          (i) costs recovered pursuant to paragraph (4);
                          (ii) amounts received as repayment of a loan 
                      issued to an eligible entity under subsection 
                      (e)(1)(B); and

[[Page 135 STAT. 936]]

                          (iii) amounts contributed by eligible entities 
                      for the purpose of carrying out an eligible 
                      project with respect to which the Secretary is 
                      participating with the eligible entity under 
                      subsection (e)(1)(C);
                    (B) all amounts borrowed from the Secretary of the 
                Treasury by the Secretary for the program under 
                paragraph (2); and
                    (C) any amounts appropriated to the Secretary for 
                the program.
            (2) Borrowing authority.--The Secretary of the Treasury may, 
        without further appropriation and without fiscal year 
        limitation, loan to the Secretary on such terms as may be fixed 
        by the Secretary and the Secretary of the Treasury, such sums 
        as, in the judgment of the Secretary, are from time to time 
        required for the purpose of carrying out the program, not to 
        exceed, in the aggregate (including deferred interest), 
        $2,500,000,000 in outstanding repayable balances at any 1 time.
            (3) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out the program, including for any 
        administrative expenses of carrying out the program that are not 
        recovered under paragraph (4), $10,000,000 for each of fiscal 
        years 2022 through 2026.
            (4) Cost recovery.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the cost of any facilitation activities carried out 
                by the Secretary under subsection (e)(1) shall be 
                collected--
                          (i) from eligible entities receiving the 
                      benefit of the applicable facilitation activity, 
                      on a schedule to be determined by the Secretary; 
                      or
                          (ii) with respect to a contracted transmission 
                      capacity under subsection (e)(1)(A) through rates 
                      charged for the use of the contracted transmission 
                      capacity.
                    (B) Forgiveness of balances.--
                          (i) Termination or end of useful life.--If, at 
                      the end of the useful life of an eligible project 
                      or the termination of a capacity contract under 
                      subsection (f)(5), there is a remaining balance 
                      owed to the Treasury under this section, the 
                      balance shall be forgiven.
                          (ii) Unconstructed projects.--Funds expended 
                      to study projects that are considered pursuant to 
                      this section but that are not constructed shall be 
                      forgiven.
                    (C) Recovery of costs of eligible projects.--The 
                Secretary may collect the costs of any activities 
                carried out by the Secretary with respect to an eligible 
                project in which the Secretary participates with an 
                eligible entity under subsection (e)(1)(C) through rates 
                charged to customers benefitting from the new 
                transmission capability provided by the eligible 
                project.

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

[[Page 135 STAT. 937]]

                    (B) subject to subsections (g) and (i), issue a loan 
                to an eligible entity for the costs of carrying out an 
                eligible project; or
                    (C) subject to subsections (h) and (i), participate 
                with an eligible entity in designing, developing, 
                constructing, operating, maintaining, or owning an 
                eligible project.
            (2) Requirement.--The provision and receipt of assistance 
        for an eligible project under paragraph (1) shall be subject to 
        such terms and conditions as the Secretary determines to be 
        appropriate--
                    (A) to ensure the success of the program; and
                    (B) to protect the interests of the United States.

    (f) Capacity Contracts.--
            (1) Purpose.--In entering into capacity contracts under 
        subsection (e)(1)(A), the Secretary shall seek to enter into 
        capacity contracts that will encourage other entities to enter 
        into contracts for the transmission capacity of the eligible 
        project.
            (2) Payment.--The amount paid by the Secretary to an 
        eligible entity under a capacity contract for the right to the 
        use of the transmission capacity of an eligible project shall 
        be--
                    (A) the fair market value for the use of the 
                transmission capacity, as determined by the Secretary, 
                taking into account, as the Secretary determines to be 
                necessary, the comparable value for the use of the 
                transmission capacity of other electric power 
                transmission lines; and
                    (B) on a schedule and in such divided amounts, which 
                may be a single amount, that the Secretary determines 
                are likely to facilitate construction of the eligible 
                project, taking into account standard industry practice 
                and factors specific to each applicant, including, as 
                applicable--
                          (i) potential review by a State regulatory 
                      entity of the revenue requirement of an electric 
                      utility; and
                          (ii) the financial model of an independent 
                      transmission developer.
            (3) Limitations.--A capacity contract shall--
                    (A) be for a term of not more than 40 years; and
                    (B) be for not more than 50 percent of the total 
                proposed transmission capacity of the applicable 
                eligible project.
            (4) Transmission marketing.--
                    (A) In general.--If the Secretary has not terminated 
                a capacity contract under paragraph (5) before the 
                applicable eligible project enters into service, the 
                Secretary may enter into 1 or more contracts with a 
                third party to market the transmission capacity of the 
                eligible project to which the Secretary holds rights 
                under the capacity contract.
                    (B) Return.--Subject to subparagraph (D), the 
                Secretary shall seek to ensure that any contract entered 
                into under subparagraph (A) maximizes the financial 
                return to the Federal Government.
                    (C) Competitive solicitation.--The Secretary shall 
                only select third parties for contracts under this 
                paragraph through a competitive solicitation.

[[Page 135 STAT. 938]]

                    (D) Requirement.--The marketing of capacity pursuant 
                to this subsection, including any marketing by a third 
                party under subparagraph (A), shall be undertaken 
                consistent with the requirements of the Federal Power 
                Act (16 U.S.C. 791a et seq.).
            (5) Termination.--
                    (A) In general.--The Secretary shall seek to 
                terminate a capacity contract as soon as practicable 
                after determining that sufficient transmission capacity 
                of the eligible project has been secured by other 
                entities to ensure the long-term financial viability of 
                the eligible project, including through 1 or more 
                transfers under subparagraph (B).
                    (B) Transfer.--On payment to the Secretary by a 
                third party for transmission capacity to which the 
                Secretary has rights under a capacity contract, the 
                Secretary may transfer the rights to that transmission 
                capacity to that third party.
                    (C) Relinquishment.--On payment to the Secretary by 
                the applicable eligible entity for transmission capacity 
                to which the Secretary has rights under a capacity 
                contract, the Secretary may relinquish the rights to 
                that transmission capacity to the eligible entity.
                    (D) Requirement.--A payment under subparagraph (B) 
                or (C) shall be in an amount sufficient for the 
                Secretary to recover any remaining costs incurred by the 
                Secretary with respect to the quantity of transmission 
                capacity affected by the transfer under subparagraph (B) 
                or the relinquishment under subparagraph (C), as 
                applicable.
            (6) Other federal capacity positions.--The existence of a 
        capacity contract does not preclude a Federal entity, including 
        a Federal power marketing administration, from otherwise 
        securing transmission capacity at any time from an eligible 
        project, to the extent that the Federal entity is authorized to 
        secure that transmission capacity.
            (7) Form of financial assistance.--Entering into a capacity 
        contract under subsection (e)(1)(A) shall be considered a form 
        of financial assistance described in section 1508.1(q)(1)(vii) 
        of title 40, Code of Federal Regulations (as in effect on the 
        date of enactment of this Act).
            (8) Transmission planning region consultation.--Prior to 
        entering into a capacity contract under this subsection, the 
        Secretary shall consult with the relevant transmission planning 
        region regarding the transmission planning region's 
        identification of needs, and the Secretary shall minimize, to 
        the extent possible, duplication or conflict with the 
        transmission planning region's needs determination and selection 
        of projects that meet such needs.

    (g) Interest Rate on Loans.--The rate of interest to be charged in 
connection with any loan made by the Secretary to an eligible entity 
under subsection (e)(1)(B) shall be fixed by the Secretary, taking into 
consideration market yields on outstanding marketable obligations of the 
United States of comparable maturities as of the date of the loan.
    (h) <<NOTE: Determination.>>  Public-private Partnerships.--The 
Secretary may participate with an eligible entity with respect to an 
eligible project under subsection (e)(1)(C) if the Secretary determines 
that the eligible project--

[[Page 135 STAT. 939]]

            (1)(A) is located in an area designated as a national 
        interest electric transmission corridor pursuant to section 
        216(a) of the Federal Power Act 16 U.S.C. 824p(a); or
            (B) is necessary to accommodate an actual or projected 
        increase in demand for electric transmission capacity across 
        more than 1 State or transmission planning region;
            (2) is consistent with efficient and reliable operation of 
        the transmission grid;
            (3) will be operated in conformance with prudent utility 
        practices;
            (4) will be operated in conformance with the rules of--
                    (A) a Transmission Organization (as defined in 
                section 3 of the Federal Power Act (16 U.S.C. 796)), if 
                applicable; or
                    (B) a regional reliability organization; and
            (5) is not duplicative of the functions of existing 
        transmission facilities that are the subject of ongoing siting 
        and related permitting proceedings.

    (i) Certification.--Prior to taking action to facilitate an eligible 
project under subparagraph (A), (B), or (C) of subsection (e)(1), the 
Secretary shall certify that--
            (1) the eligible project is in the public interest;
            (2) the eligible project is unlikely to be constructed in as 
        timely a manner or with as much transmission capacity in the 
        absence of facilitation under this section, including with 
        respect to an eligible project for which a Federal investment 
        tax credit may be allowed; and
            (3) it is reasonable to expect that the proceeds from the 
        eligible project will be adequate, as applicable--
                    (A) to recover the cost of a capacity contract 
                entered into under subsection (e)(1)(A);
                    (B) to repay a loan provided under subsection 
                (e)(1)(B); or
                    (C) to repay any amounts borrowed from the Secretary 
                of the Treasury under subsection (d)(2).

    (j) Other Authorities, Limitations, and Effects.--
            (1) Participation.--The Secretary may permit other entities 
        to participate in the financing, construction, and ownership of 
        eligible projects facilitated under this section.
            (2) Operations and maintenance.--Facilitation by the 
        Secretary of an eligible project under this section does not 
        create any obligation on the part of the Secretary to operate or 
        maintain the eligible project.
            (3) Federal facilities.--For purposes of cost recovery under 
        subsection (d)(4) and repayment of a loan issued under 
        subsection (e)(1)(B), each eligible project facilitated by the 
        Secretary under this section shall be treated as separate and 
        distinct from--
                    (A) each other eligible project; and
                    (B) all other Federal power and transmission 
                facilities.
            (4) Effect on ancillary services authority and 
        obligations.--Nothing in this section confers on the Secretary 
        or any Federal power marketing administration any additional 
        authority or obligation to provide ancillary services to users 
        of transmission facilities constructed or upgraded under this 
        section.

[[Page 135 STAT. 940]]

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

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

[[Page 135 STAT. 941]]

            ``(12) In the case of advanced transmission technologies 
        such as dynamic line rating, flow control devices, advanced 
        conductors, network topology optimization, or other hardware, 
        software, and associated protocols applied to existing 
        transmission facilities that increase the operational transfer 
        capacity of a transmission network, the documented expenditures 
        to purchase and install those advanced transmission 
        technologies.
            ``(13) In the case of extreme weather or natural disasters, 
        the ability to redirect or shut off power to minimize blackouts 
        and avoid further damage.''; and
            (2) in subsection (d)--
                    (A) by redesignating paragraph (9) as paragraph 
                (16); and
                    (B) by inserting after paragraph (8) the following:
            ``(9) The ability to use data analytics and software-as-
        service to provide flexibility by improving the visibility of 
        the electrical system to grid operators that can help quickly 
        rebalance the electrical system with autonomous controls.
            ``(10) The ability to facilitate the aggregation or 
        integration of distributed energy resources to serve as assets 
        for the grid.
            ``(11) The ability to provide energy storage to meet 
        fluctuating electricity demand, provide voltage support, and 
        integrate intermittent generation sources, including vehicle-to-
        grid technologies.
            ``(12) The ability of hardware, software, and associated 
        protocols applied to existing transmission facilities to 
        increase the operational transfer capacity of a transmission 
        network.
            ``(13) The ability to anticipate and mitigate impacts of 
        extreme weather or natural disasters on grid resiliency.
            ``(14) The ability to facilitate the integration of 
        renewable energy resources, electric vehicle charging 
        infrastructure, and vehicle-to-grid technologies.
            ``(15) The ability to reliably meet increased demand from 
        electric vehicles and the electrification of appliances and 
        other sectors.''.

    (b) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out the Smart 
Grid Investment Matching Grant Program established under section 1306(a) 
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386(a)) 
$3,000,000,000 for fiscal year 2022, to remain available through 
September 30, 2026.
SEC. 40108. STATE ENERGY SECURITY PLANS.

    (a) In General.--Part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.) is amended--
            (1) <<NOTE: 42 USC 6321.>>  in section 361--
                    (A) by striking the section designation and heading 
                and all that follows through ``The Congress'' and 
                inserting the following:
``SEC. 361. FINDINGS; PURPOSE; DEFINITIONS.

    ``(a) Findings.--Congress'';
                    (B) in subsection (b), by striking ``(b) It is'' and 
                inserting the following:

    ``(b) Purpose.--It is''; and
                    (C) by adding at the end the following:

    ``(c) Definitions.--In this part:'';
            (2) <<NOTE: 42 USC 6326.>>  in section 366--

[[Page 135 STAT. 942]]

                    (A) in paragraph (3)(B)(i), by striking ``approved 
                under section 367, and'' ; and inserting ``; and'';
                    (B) in each of paragraphs (1) through (8), by 
                inserting a paragraph heading, the text of which is 
                comprised of the term defined in the paragraph; and
                    (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (6), respectively, and moving the 
                paragraphs so as to appear in numerical order;
            (3) <<NOTE: 42 USC 6321, 6326.>>  by moving paragraphs (1) 
        through (8) of section 366 (as so redesignated) so as to appear 
        after subsection (c) of section 361 (as designated by paragraph 
        (1)(C)); and
            (4) by amending section 366 to read as follows:
``SEC. 366. STATE ENERGY SECURITY PLANS.

    ``(a) Definitions.--In this section:
            ``(1) Bulk-power system.--The term `bulk-power system' has 
        the meaning given the term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            ``(2) State energy security plan.--The term `State energy 
        security plan' means a State energy security plan described in 
        subsection (b).

    ``(b) Financial Assistance for State Energy Security Plans.--Federal 
financial assistance made available to a State under this part may be 
used for the development, implementation, review, and revision of a 
State energy security plan that--
            ``(1) assesses the existing circumstances in the State; and
            ``(2) proposes methods to strengthen the ability of the 
        State, in consultation with owners and operators of energy 
        infrastructure in the State--
                    ``(A) to secure the energy infrastructure of the 
                State against all physical and cybersecurity threats;
                    ``(B)(i) to mitigate the risk of energy supply 
                disruptions to the State; and
                    ``(ii) to enhance the response to, and recovery 
                from, energy disruptions; and
                    ``(C) to ensure that the State has reliable, secure, 
                and resilient energy infrastructure.

    ``(c) Contents of Plan.--A State energy security plan shall--
            ``(1) address all energy sources and regulated and 
        unregulated energy providers;
            ``(2) provide a State energy profile, including an 
        assessment of energy production, transmission, distribution, and 
        end-use;
            ``(3) address potential hazards to each energy sector or 
        system, including--
                    ``(A) physical threats and vulnerabilities; and
                    ``(B) cybersecurity threats and vulnerabilities;
            ``(4) provide a risk assessment of energy infrastructure and 
        cross-sector interdependencies;
            ``(5) provide a risk mitigation approach to enhance 
        reliability and end-use resilience; and
            ``(6)(A) address--
                    ``(i) multi-State and regional coordination, 
                planning, and response; and
                    ``(ii) coordination with Indian Tribes with respect 
                to planning and response; and
            ``(B) to the extent practicable, encourage mutual assistance 
        in cyber and physical response plans.

[[Page 135 STAT. 943]]

    ``(d) Coordination.--In developing or revising a State energy 
security plan, the State energy office of the State shall coordinate, to 
the extent practicable, with--
            ``(1) the public utility or service commission of the State;
            ``(2) energy providers from the private and public sectors; 
        and
            ``(3) other entities responsible for--
                    ``(A) maintaining fuel or electric reliability; and
                    ``(B) securing energy infrastructure.

    ``(e) <<NOTE: Plans.>>  Financial Assistance.--A State is not 
eligible to receive Federal financial assistance under this part for any 
purpose for a fiscal year unless the Governor of the State submits to 
the Secretary, with respect to that fiscal year--
            ``(1) a State energy security plan that meets the 
        requirements of subsection (c); or
            ``(2) <<NOTE: Review.>>  after an annual review, carried out 
        by the Governor, of a State energy security plan--
                    ``(A) any necessary revisions to the State energy 
                security plan; or
                    ``(B) <<NOTE: Certification.>>  a certification that 
                no revisions to the State energy security plan are 
                necessary.

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

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

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

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


[[Page 135 STAT. 944]]


            (2) by striking the item relating to section 366 and 
        inserting the following:

``Sec. 366. State energy security plans.''.

    (c) Conforming Amendments.--
            (1) Section 509(i)(3) of the Housing and Urban Development 
        Act of 1970 (12 U.S.C. 1701z-8(i)(3)) is amended by striking 
        ``prescribed for such terms in section 366 of the Energy Policy 
        and Conservation Act'' and inserting ``given the terms in 
        section 361(c) of the Energy Policy and Conservation Act''.
            (2) Section 363 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6323) is amended--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsection (f) as subsection 
                (e).
            (3) Section 451(i)(3) of the Energy Conservation and 
        Production Act (42 U.S.C. 6881(i)(3)) is amended by striking 
        ``prescribed for such terms in section 366 of the Federal Energy 
        Policy and Conservation Act'' and inserting ``given the terms in 
        section 361(c) of the Energy Policy and Conservation Act''.
SEC. 40109. STATE ENERGY PROGRAM.

    (a) Collaborative Transmission Siting.--Section 362(c) of the Energy 
Policy and Conservation Act (42 U.S.C. 6322(c)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) the mandatory conduct of activities to support 
        transmission and distribution planning, including--
                    ``(A) support for local governments and Indian 
                Tribes;
                    ``(B) feasibility studies for transmission line 
                routes and alternatives;
                    ``(C) preparation of necessary project design and 
                permits; and
                    ``(D) outreach to affected stakeholders.''.

    (b) State Energy Conservation Plans.--Section 362(d) of the Energy 
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended by striking 
paragraph (3) and inserting the following:
            ``(3) programs to increase transportation energy efficiency, 
        including programs to help reduce carbon emissions in the 
        transportation sector by 2050 and accelerate the use of 
        alternative transportation fuels for, and the electrification 
        of, State government vehicles, fleet vehicles, taxis and 
        ridesharing services, mass transit, school buses, ferries, and 
        privately owned passenger and medium- and heavy-duty 
        vehicles;''.

    (c) Authorization of Appropriations for State Energy Program.--
Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325) 
is amended by striking subsection (f) and inserting the following:
    ``(f) Authorization of Appropriations.--
            ``(1) <<NOTE: Time period.>>  In general.--There is 
        authorized to be appropriated to carry out this part 
        $500,000,000 for the period of fiscal years 2022 through 2026.
            ``(2) Distribution.--Amounts made available under paragraph 
        (1)--

[[Page 135 STAT. 945]]

                    ``(A) shall be distributed to the States in 
                accordance with the applicable distribution formula in 
                effect on January 1, 2021; and
                    ``(B) shall not be subject to the matching 
                requirement described in the first proviso of the matter 
                under the heading `energy conservation' under the 
                heading `DEPARTMENT OF ENERGY' in title II of the 
                Department of the Interior and Related Agencies 
                Appropriations Act, 1985 (42 U.S.C. 6323a).''.
SEC. 40110. <<NOTE: 16 USC 838m.>>  POWER MARKETING ADMINISTRATION 
                            TRANSMISSION BORROWING AUTHORITY.

    (a) Borrowing Authority.--
            (1) In general.--Subject to paragraph (2), for the purposes 
        of providing funds to assist in the financing of the 
        construction, acquisition, and replacement of the Federal 
        Columbia River Power System and to implement the authority of 
        the Administrator of the Bonneville Power Administration 
        (referred to in this section as the ``Administrator'') under the 
        Pacific Northwest Electric Power Planning and Conservation Act 
        (16 U.S.C. 839 et seq.), an additional $10,000,000,000 in 
        borrowing authority is made available under the Federal Columbia 
        River Transmission System Act (16 U.S.C. 838 et seq.), to remain 
        outstanding at any 1 time.
            (2) Limitation.--The obligation of additional borrowing 
        authority under paragraph (1) shall not exceed $6,000,000,000 by 
        fiscal year 2028.

    (b) Financial Plan.--
            (1) In general.--The Administrator shall issue an updated 
        financial plan by the end of fiscal year 2022.
            (2) Requirement.--As part of the process of issuing an 
        updated financial plan under paragraph (1), the Administrator 
        shall--
                    (A) consistent with asset management planning and 
                sound business principles, consider projected and 
                planned use and allocation of the borrowing authority of 
                the Administrator across the mission responsibilities of 
                the Bonneville Power Administration; and
                    (B) before issuing the final updated financial 
                plan--
                          (i) engage, in a manner determined by the 
                      Administrator, with customers with respect to a 
                      draft of the updated plan; and
                          (ii) consider as a relevant factor any 
                      recommendations from customers regarding 
                      prioritization of asset investments.

    (c) Stakeholder Engagement.--The Administrator shall--
            (1) engage, in a manner determined by the Administrator, 
        with customers and stakeholders with respect to the financial 
        and cost management efforts of the Administrator through 
        periodic program reviews; and
            (2) to the maximum extent practicable, implement those 
        policies that would be expected to be consistent with the lowest 
        possible power and transmission rates consistent with sound 
        business principles.

    (d) Repayment.--Any additional Treasury borrowing authority received 
under this section shall be fully repaid to the Treasury

[[Page 135 STAT. 946]]

in a manner consistent with the applicable self-financed Federal budget 
accounts.
SEC. 40111. STUDY OF CODES AND STANDARDS FOR USE OF ENERGY STORAGE 
                            SYSTEMS ACROSS SECTORS.

    (a) In General.--The Secretary shall conduct a study of types and 
commercial applications of codes and standards applied to--
            (1) stationary energy storage systems;
            (2) mobile energy storage systems; and
            (3) energy storage systems that move between stationary and 
        mobile applications, such as electric vehicle batteries or 
        batteries repurposed for new applications.

    (b) Purposes.--The purposes of the study conducted under subsection 
(a) shall be--
            (1) to identify barriers, foster collaboration, and increase 
        conformity across sectors relating to--
                    (A) use of emerging energy storage technologies; and
                    (B) use cases, such as vehicle-to-grid integration;
            (2) to identify all existing codes and standards that apply 
        to energy storage systems;
            (3) to identify codes and standards that require revision or 
        enhancement;
            (4) to enhance the safe implementation of energy storage 
        systems; and
            (5) to receive formal input from stakeholders regarding--
                    (A) existing codes and standards; and
                    (B) new or revised codes and standards.

    (c) Consultation.--In conducting the study under subsection (a), the 
Secretary shall consult with all relevant standards-developing 
organizations and other entities with expertise regarding energy storage 
system safety.
    (d) Report.--Not later than 18 months after the date of enactment of 
this Act, the Secretary shall submit to Congress a report describing the 
results of the study conducted under subsection (a).
SEC. 40112. DEMONSTRATION OF ELECTRIC VEHICLE BATTERY SECOND-LIFE 
                            APPLICATIONS FOR GRID SERVICES.

    Section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking the period at the end and inserting 
                ``; and'';
                    (B) by striking ``including at'' and inserting the 
                following: ``including--
                    ``(A) at''; and
                    (C) by adding at the end the following:
                    ``(B) 1 project to demonstrate second-life 
                applications of electric vehicle batteries as aggregated 
                energy storage installations to provide services to the 
                electric grid, in accordance with paragraph (3).'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (3) by inserting after paragraph (2) the following:
            ``(3) Demonstration of electric vehicle battery second-life 
        applications for grid services.--
                    ``(A) In general.--The Secretary shall enter into an 
                agreement to carry out a project to demonstrate second-

[[Page 135 STAT. 947]]

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

    (a) Definitions.--In this section:
            (1) Account.--The term ``Account'' means the account 
        established by subsection (b)(1).
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Bonneville Power Administration.
            (3) Canadian entitlement.--The term ``Canadian Entitlement'' 
        means the downstream power benefits that Canada is entitled to 
        under Article V of the Treaty Relating to Cooperative 
        Development of the Water Resources of the Columbia River Basin, 
        signed at Washington January 17, 1961 (15 UST 1555; TIAS 5638).

    (b) Transmission Coordination and Expansion.--
            (1) Establishment.--There is established in the Treasury an 
        account for the purposes of making expenditures to increase 
        bilateral transfers of renewable electric generation between the 
        western United States and Canada.
            (2) Criteria.--
                    (A) In general.--The Administrator may make 
                expenditures from the Account for activities to improve 
                electric power system coordination by constructing 
                electric power transmission facilities within the 
                western United States that directly or indirectly 
                facilitate non-carbon emitting electric power 
                transactions between the western United States and 
                Canada.
                    (B) Application.--Subparagraph (A) shall be 
                effective after the later of--
                          (i) September 16, 2024; and

[[Page 135 STAT. 948]]

                          (ii) the date on which the Canadian 
                      entitlement value calculation is terminated or 
                      reduced to the actual electric power value to the 
                      United States, as determined by the Administrator.
            (3) Consultation.--The Administrator shall consult with 
        relevant electric utilities in Canada and appropriate regional 
        transmission planning organizations in considering the 
        construction of transmission activities under this subsection.
            (4) Authorization.--There is authorized to be appropriated 
        to the Account a nonreimburseable amount equal to the aggregated 
        amount of the Canadian Entitlement during the 5-year period 
        preceding the date of enactment of this Act.

    (c) Increased Hydroelectric Capacity.--
            (1) In general.--The Commissioner of Reclamation shall 
        rehabilitate and enhance the John W. Keys III Pump Generating 
        Plant--
                    (A) to replace obsolete equipment;
                    (B) to maintain reliability and improve efficiency 
                in system performance and operation;
                    (C) to create more hydroelectric power capacity in 
                the Pacific Northwest; and
                    (D) to ensure the availability of water for 
                irrigation in the event that Columbia River water flows 
                from British Columbia into the United States are 
                insufficient after September 16, 2024.
            (2) Authorization of appropriations.--There is authorized to 
        be appropriated $100,000,000, which shall be nonreimburseable, 
        to carry out this subsection.

    (d) Power Coordination Study.--
            (1) In general.--The Administrator shall conduct a study 
        considering the potential hydroelectric power value to the 
        Pacific Northwest of increasing the coordination of the 
        operation of hydroelectric and water storage facilities on 
        rivers located in the United States and Canada.
            (2) Criteria.--The study conducted under paragraph (1) shall 
        analyze--
                    (A) projected changes to the Pacific Northwest 
                electricity supply;
                    (B) potential reductions in greenhouse gas 
                emissions;
                    (C) any potential need to increase transmission 
                capacity; and
                    (D) any other factor the Administrator considers to 
                be relevant for increasing bilateral coordination.
            (3) Coordination.--In conducting the study under paragraph 
        (1), the Administrator shall coordinate, to the extent 
        practicable, with--
                    (A) the British Columbia or a crown corporation 
                owned by British Columbia;
                    (B) the Assistant Secretary;
                    (C) the Commissioner of Reclamation; and
                    (D) any public utility districts that operate 
                hydroelectric projects on the mainstem of the Columbia 
                River.
            (4) Authorization of appropriations.--There is authorized to 
        be appropriated $10,000,000, which shall be nonreimburseable, to 
        carry out this subsection.

[[Page 135 STAT. 949]]

                        Subtitle B--Cybersecurity

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

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

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

[[Page 135 STAT. 950]]

                    (C) to the maximum extent practicable, use and 
                leverage--
                          (i) existing Department and Department of 
                      Homeland Security programs; and
                          (ii) existing programs of the Federal agencies 
                      determined to be appropriate under paragraph (1).

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

    (d) Protection of Information.--Information provided to, or 
collected by, the Federal Government pursuant to this section the 
disclosure of which the Secretary reasonably foresees could be 
detrimental to the physical security or cybersecurity of any electric 
utility or the bulk-power system--
            (1) shall be exempt from disclosure under section 552(b)(3) 
        of title 5, United States Code; and
            (2) shall not be made available by any Federal agency, 
        State, political subdivision of a State, or Tribal authority 
        pursuant to any Federal, State, political subdivision of a 
        State, or Tribal law, respectively, requiring public disclosure 
        of information or records.
SEC. 40122. <<NOTE: 42 USC 18722.>>  ENERGY CYBER SENSE PROGRAM.

    (a) Definitions.--In this section:
            (1) Bulk-power system.--The term ``bulk-power system'' has 
        the meaning given the term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            (2) Program.--The term ``program'' means the voluntary 
        Energy Cyber Sense program established under subsection (b).

    (b) <<NOTE: Consultation.>>  Establishment.--The Secretary, in 
coordination with the Secretary of Homeland Security and in consultation 
with the heads of other relevant Federal agencies, shall establish a 
voluntary Energy Cyber Sense program to test the cybersecurity of 
products and technologies intended for use in the energy sector, 
including in the bulk-power system.

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

[[Page 135 STAT. 951]]

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

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

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

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

    ``(a) Definitions.--In this section:
            ``(1) Advanced cybersecurity technology.--The term `advanced 
        cybersecurity technology' means any technology, operational 
        capability, or service, including computer hardware, software, 
        or a related asset, that enhances the security posture of public 
        utilities through improvements in the ability to protect 
        against, detect, respond to, or recover from a cybersecurity

[[Page 135 STAT. 952]]

        threat (as defined in section 102 of the Cybersecurity Act of 
        2015 (6 U.S.C. 1501)).
            ``(2) Advanced cybersecurity technology information.--The 
        term `advanced cybersecurity technology information' means 
        information relating to advanced cybersecurity technology or 
        proposed advanced cybersecurity technology that is generated by 
        or provided to the Commission or another Federal agency.

    ``(b) <<NOTE: Deadline. Consultation.>>  Study.--Not later than 180 
days after the date of enactment of this section, the Commission, in 
consultation with the Secretary of Energy, the North American Electric 
Reliability Corporation, the Electricity Subsector Coordinating Council, 
and the National Association of Regulatory Utility Commissioners, shall 
conduct a study to identify incentive-based, including performance-
based, rate treatments for the transmission and sale of electric energy 
subject to the jurisdiction of the Commission that could be used to 
encourage--
            ``(1) investment by public utilities in advanced 
        cybersecurity technology; and
            ``(2) participation by public utilities in cybersecurity 
        threat information sharing programs.

    ``(c) <<NOTE: Deadline.>>  Incentive-Based Rate Treatment.--Not 
later than 1 year after the completion of the study under subsection 
(b), the Commission shall establish, by rule, incentive-based, including 
performance-based, rate treatments for the transmission of electric 
energy in interstate commerce and the sale of electric energy at 
wholesale in interstate commerce by public utilities for the purpose of 
benefitting consumers by encouraging--
            ``(1) investments by public utilities in advanced 
        cybersecurity technology; and
            ``(2) participation by public utilities in cybersecurity 
        threat information sharing programs.

    ``(d) Factors for Consideration.--In issuing a rule pursuant to this 
section, the Commission may provide additional incentives beyond those 
identified in subsection (c) in any case in which the Commission 
determines that an investment in advanced cybersecurity technology or 
information sharing program costs will reduce cybersecurity risks to--
            ``(1) defense critical electric infrastructure (as defined 
        in section 215A(a)) and other facilities subject to the 
        jurisdiction of the Commission that are critical to public 
        safety, national defense, or homeland security, as determined by 
        the Commission in consultation with--
                    ``(A) the Secretary of Energy;
                    ``(B) the Secretary of Homeland Security; and
                    ``(C) other appropriate Federal agencies; and
            ``(2) facilities of small or medium-sized public utilities 
        with limited cybersecurity resources, as determined by the 
        Commission.

    ``(e) Ratepayer Protection.--
            ``(1) In general.--Any rate approved under a rule issued 
        pursuant to this section, including any revisions to that rule, 
        shall be subject to the requirements of sections 205 and 206 
        that all rates, charges, terms, and conditions--
                    ``(A) shall be just and reasonable; and
                    ``(B) shall not be unduly discriminatory or 
                preferential.

[[Page 135 STAT. 953]]

            ``(2) Prohibition of duplicate recovery.--Any rule issued 
        pursuant to this section shall preclude rate treatments that 
        allow unjust and unreasonable double recovery for advanced 
        cybersecurity technology.

    ``(f) Single-Issue Rate Filings.--The Commission shall permit public 
utilities to apply for incentive-based rate treatment under a rule 
issued under this section on a single-issue basis by submitting to the 
Commission a tariff schedule under section 205 that permits recovery of 
costs and incentives over the depreciable life of the applicable assets, 
without regard to changes in receipts or other costs of the public 
utility.
    ``(g) Protection of Information.--Advanced cybersecurity technology 
information that is provided to, generated by, or collected by the 
Federal Government under subsection (b), (c), or (f) shall be considered 
to be critical electric infrastructure information under section 
215A.''.
SEC. 40124. <<NOTE: 42 USC 18723.>>  RURAL AND MUNICIPAL UTILITY 
                            ADVANCED CYBERSECURITY GRANT AND 
                            TECHNICAL ASSISTANCE PROGRAM.

    (a) Definitions.--In this section:
            (1) Advanced cybersecurity technology.--The term ``advanced 
        cybersecurity technology'' means any technology, operational 
        capability, or service, including computer hardware, software, 
        or a related asset, that enhances the security posture of 
        electric utilities through improvements in the ability to 
        protect against, detect, respond to, or recover from a 
        cybersecurity threat (as defined in section 102 of the 
        Cybersecurity Act of 2015 (6 U.S.C. 1501)).
            (2) Bulk-power system.--The term ``bulk-power system'' has 
        the meaning given the term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a rural electric cooperative;
                    (B) a utility owned by a political subdivision of a 
                State, such as a municipally owned electric utility;
                    (C) a utility owned by any agency, authority, 
                corporation, or instrumentality of 1 or more political 
                subdivisions of a State;
                    (D) a not-for-profit entity that is in a partnership 
                with not fewer than 6 entities described in subparagraph 
                (A), (B), or (C); and
                    (E) an investor-owned electric utility that sells 
                less than 4,000,000 megawatt hours of electricity per 
                year.
            (4) Program.--The term ``Program'' means the Rural and 
        Municipal Utility Advanced Cybersecurity Grant and Technical 
        Assistance Program established under subsection (b).

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

[[Page 135 STAT. 954]]

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

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

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

    (f) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $250,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40125. <<NOTE: 42 USC 18724.>>  ENHANCED GRID SECURITY.

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

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

[[Page 135 STAT. 955]]

        determined appropriate, other Federal agencies, the energy 
        sector, the States, Indian Tribes, Tribal organizations, 
        territories or freely associated states, and other stakeholders, 
        shall develop and carry out a program--
                    (A) to develop advanced cybersecurity applications 
                and technologies for the energy sector--
                          (i) to identify and mitigate vulnerabilities, 
                      including--
                                    (I) dependencies on other critical 
                                infrastructure;
                                    (II) impacts from weather and fuel 
                                supply;
                                    (III) increased dependence on 
                                inverter-based technologies; and
                                    (IV) vulnerabilities from unpatched 
                                hardware and software systems; and
                          (ii) to advance the security of field devices 
                      and third-party control systems, including--
                                    (I) systems for generation, 
                                transmission, distribution, end use, and 
                                market functions;
                                    (II) specific electric grid elements 
                                including advanced metering, demand 
                                response, distribution, generation, and 
                                electricity storage;
                                    (III) forensic analysis of infected 
                                systems;
                                    (IV) secure communications; and
                                    (V) application of in-line edge 
                                security solutions;
                    (B) to leverage electric grid architecture as a 
                means to assess risks to the energy sector, including by 
                implementing an all-hazards approach to communications 
                infrastructure, control systems architecture, and power 
                systems architecture;
                    (C) to perform pilot demonstration projects with the 
                energy sector to gain experience with new technologies;
                    (D) to develop workforce development curricula for 
                energy sector-related cybersecurity; and
                    (E) to develop improved supply chain concepts for 
                secure design of emerging digital components and power 
                electronics.
            (2) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out this subsection $250,000,000 for the 
        period of fiscal years 2022 through 2026.

    (c) Energy Sector Operational Support for Cyberresilience Program.--
            (1) In general.--The Secretary may develop and carry out a 
        program--
                    (A) to enhance and periodically test--
                          (i) the emergency response capabilities of the 
                      Department; and
                          (ii) the coordination of the Department with 
                      other agencies, the National Laboratories, and 
                      private industry;
                    (B) to expand cooperation of the Department with the 
                intelligence community for energy sector-related threat 
                collection and analysis;
                    (C) to enhance the tools of the Department and E-
                ISAC for monitoring the status of the energy sector;

[[Page 135 STAT. 956]]

                    (D) to expand industry participation in E-ISAC; and
                    (E) to provide technical assistance to small 
                electric utilities for purposes of assessing and 
                improving cybermaturity levels and addressing gaps 
                identified in the assessment.
            (2) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out this subsection $50,000,000 for the 
        period of fiscal years 2022 through 2026.

    (d) Modeling and Assessing Energy Infrastructure Risk.--
            (1) In general.--The Secretary, in coordination with the 
        Secretary of Homeland Security, shall develop and carry out an 
        advanced energy security program to secure energy networks, 
        including--
                    (A) electric networks;
                    (B) natural gas networks; and
                    (C) oil exploration, transmission, and delivery 
                networks.
            (2) Security and resiliency objective.--The objective of the 
        program developed under paragraph (1) is to increase the 
        functional preservation of electric grid operations or natural 
        gas and oil operations in the face of natural and human-made 
        threats and hazards, including electric magnetic pulse and 
        geomagnetic disturbances.
            (3) Eligible activities.--In carrying out the program 
        developed under paragraph (1), the Secretary may--
                    (A) develop capabilities to identify vulnerabilities 
                and critical components that pose major risks to grid 
                security if destroyed or impaired;
                    (B) provide modeling at the national level to 
                predict impacts from natural or human-made events;
                    (C) add physical security to the cybersecurity 
                maturity model;
                    (D) conduct exercises and assessments to identify 
                and mitigate vulnerabilities to the electric grid, 
                including providing mitigation recommendations;
                    (E) conduct research on hardening solutions for 
                critical components of the electric grid;
                    (F) conduct research on mitigation and recovery 
                solutions for critical components of the electric grid; 
                and
                    (G) provide technical assistance to States and other 
                entities for standards and risk analysis.
            (4) Savings provision.--Nothing in this section authorizes 
        new regulatory requirements.
            (5) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out this subsection $50,000,000 for the 
        period of fiscal years 2022 through 2026.
SEC. 40126. <<NOTE: 42 USC 18725.>>  CYBERSECURITY PLAN.

    (a) In General.--The Secretary may require, as the Secretary 
determines appropriate, a recipient of any award or other funding under 
this division--
            (1) to submit to the Secretary, prior to the issuance of the 
        award or other funding, a cybersecurity plan that demonstrates 
        the cybersecurity maturity of the recipient in the

[[Page 135 STAT. 957]]

        context of the project for which that award or other funding was 
        provided; and
            (2) establish a plan for maintaining and improving 
        cybersecurity throughout the life of the proposed solution of 
        the project.

    (b) Contents of Cybersecurity Plan.--A cybersecurity plan described 
in subsection (a) shall, at a minimum, describe how the recipient 
described in that subsection--
            (1) plans to maintain cybersecurity between networks, 
        systems, devices, applications, or components--
                    (A) within the proposed solution of the project; and
                    (B) at the necessary external interfaces at the 
                proposed solution boundaries;
            (2) will perform ongoing evaluation of cybersecurity risks 
        to address issues as the issues arise throughout the life of the 
        proposed solution;
            (3) will report known or suspected network or system 
        compromises of the project to the Secretary; and
            (4) will leverage applicable cybersecurity programs of the 
        Department, including cyber vulnerability testing and security 
        engineering evaluations.

    (c) Additional Guidance.--Each recipient described in subsection (a) 
should--
            (1) maximize the use of open guidance and standards, 
        including, wherever possible--
                    (A) the Cybersecurity Capability Maturity Model of 
                the Department (or a successor model); and
                    (B) the Framework for Improving Critical 
                Infrastructure Cybersecurity of the National Institute 
                of Standards and Technology; and
            (2) document --
                    (A) any deviation from open standards; and
                    (B) the utilization of proprietary standards where 
                the recipient determines that such deviation necessary.

    (d) Coordination.--The Office of Cybersecurity, Energy Security, and 
Emergency Response of the Department shall review each cybersecurity 
plan submitted under subsection (a) to ensure integration with 
Department research, development, and demonstration programs.
    (e) Protection of Information.--Information provided to, or 
collected by, the Federal Government pursuant to this section the 
disclosure of which the Secretary reasonably foresees could be 
detrimental to the physical security or cybersecurity of any electric 
utility or the bulk-power system--
            (1) shall be exempt from disclosure under section 552(b)(3) 
        of title 5, United States Code; and
            (2) shall not be made available by any Federal agency, 
        State, political subdivision of a State, or Tribal authority 
        pursuant to any Federal, State, political subdivision of a 
        State, or Tribal law, respectively, requiring public disclosure 
        of information or records.
SEC. 40127. <<NOTE: 42 USC 18726.>>  SAVINGS PROVISION.

    Nothing in this subtitle affects the authority, existing on the day 
before the date of enactment of this Act, of any other Federal 
department or agency, including the authority provided to the Secretary 
of Homeland Security and the Director of the Cybersecurity

[[Page 135 STAT. 958]]

and Infrastructure Security Agency in title XXII of the Homeland 
Security Act of 2002 (6 U.S.C. 651 et seq.).

          TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES

SEC. 40201. <<NOTE: 43 USC 311.>>  EARTH MAPPING RESOURCES 
                            INITIATIVE.

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

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

    (e) Comprehensive Mapping Modernization.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 10 
        years after the date of enactment of this Act, the Initiative 
        shall complete an initial comprehensive national modern surface 
        and subsurface mapping and data integration effort.
            (2) Approach.--In carrying out paragraph (1) with regard to 
        minerals, mineralization, and mineral deposits, the Initiative 
        shall focus on the full range of minerals, using a whole ore 
        body approach rather than a single commodity approach, to 
        emphasize all of the recoverable critical minerals in a given 
        surface or subsurface deposit.
            (3) Priority.--In carrying out paragraph (1) with regard to 
        minerals, mineralization, and mineral deposits, the Initiative 
        shall prioritize mapping and assessing critical minerals.
            (4) Inclusions.--In carrying out paragraph (1), the 
        Initiative shall also--
                    (A) map and collect data for areas containing mine 
                waste to increase understanding of above-ground critical 
                mineral resources in previously disturbed areas; and
                    (B) provide for analysis of samples, including 
                samples within the National Geological and Geophysical 
                Data Preservation Program established under section 
                351(b) of the Energy Policy Act of 2005 (42 U.S.C. 
                15908(b)) for the occurrence of critical minerals.

[[Page 135 STAT. 959]]

    (f) Availability.--The Initiative shall make the geospatial data and 
metadata gathered by the Initiative under subsection (e)(1) 
electronically publicly accessible on an ongoing basis.
    (g) Integration of Data Sources.--The Initiative shall integrate 
data sources, including data from--
            (1) the National Cooperative Geologic Mapping Program 
        established by section 4(a)(1) of the National Geologic Mapping 
        Act of 1992 (43 U.S.C. 31c(a)(1));
            (2) the National Geological and Geophysical Data 
        Preservation Program established under section 351(b) of the 
        Energy Policy Act of 2005 (42 U.S.C. 15908(b));
            (3) the USMIN Mineral Deposit Database of the United States 
        Geological Survey;
            (4) the 3D Elevation Program established under section 5(a) 
        of the National Landslide Preparedness Act (43 U.S.C. 3104(a)); 
        and
            (5) other relevant sources, including sources providing 
        geothermal resources data.

    (h) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $320,000,000 for the period of fiscal years 2022 through 2026, 
to remain available until expended.
SEC. 40202. NATIONAL COOPERATIVE GEOLOGIC MAPPING PROGRAM.

    (a) In General.--Section 4(d) of the National Geologic Mapping Act 
of 1992 (43 U.S.C. 31c(d)) is amended by adding at the end the 
following:
            ``(4) Abandoned mine land and mine waste component.--
                    ``(A) In general.--The geologic mapping program 
                shall include an abandoned mine land and mine waste 
                geologic mapping component, the objective of which shall 
                be to establish the geologic framework of abandoned mine 
                land and other land containing mine waste.
                    ``(B) Mapping priorities.--For the component 
                described in subparagraph (A), the priority shall be 
                mapping abandoned mine land and other land containing 
                mine waste where multiple critical mineral (as defined 
                in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 
                1606(a))) and metal commodities are anticipated to be 
                present, rather than single mineral resources.''.

    (b) Authorization of Appropriations.--Section 9(a) of the National 
Geologic Mapping Act of 1992 (43 U.S.C. 31h(a)) is amended by striking 
``2023'' and inserting ``2031''.
SEC. 40203. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION 
                            PROGRAM.

    Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 15908(b)) 
is amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) to provide for preservation of samples to track 
        geochemical signatures from critical mineral (as defined in 
        section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) 
        ore bodies for use in provenance tracking frameworks.''.

[[Page 135 STAT. 960]]

SEC. 40204. <<NOTE: 43 USC 50e.>>  USGS ENERGY AND MINERALS 
                            RESEARCH FACILITY.

    (a) Establishment.--The Director of the United States Geological 
Survey (referred to in this section as the ``Director''), shall fund, 
through a cooperative agreement with an academic partner, the design, 
construction, and tenant build-out of a facility to support energy and 
minerals research and appurtenant associated structures.
    (b) Ownership.--The United States Geological Survey shall retain 
ownership of the facility and associated structures described in 
subsection (a).
    (c) Agreements.--The Director may enter into agreements with, and to 
collect and expend funds or in-kind contributions from, academic, 
Federal, State, or other tenants over the life of the facility described 
in subsection (a) for the purposes of--
            (1) facility planning;
            (2) design;
            (3) maintenance;
            (4) operation; or
            (5) facility improvements.

    (d) Leases.--The Director may enter into a lease or other agreement 
with the academic partner with which the Director has entered into a 
cooperative agreement under subsection (a), at no cost to the Federal 
Government, to obtain land on which to construct the facility described 
in that subsection for a term of not less than 99 years.
    (e) Reports.--The Director shall submit to Congress annual reports 
on--
            (1) the facility described in subsection (a); and
            (2) the authorities used under this section.

    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior to carry out this section 
$167,000,000 for fiscal year 2022, to remain available until expended.
SEC. 40205. RARE EARTH ELEMENTS DEMONSTRATION FACILITY.

    Section 7001 of the Energy Act of 2020 (42 U.S.C. 13344) is 
amended--
            (1) in subsection (b), by inserting ``and annually 
        thereafter while the facility established under subsection (c) 
        remains in operation,'' after ``enactment of this Act,'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following:

    ``(c) Rare Earth Demonstration Facility.--
            ``(1) Establishment.--In coordination with the research 
        program under subsection (a)(1)(A), the Secretary shall fund, 
        through an agreement with an academic partner, the design, 
        construction, and build-out of a facility to demonstrate the 
        commercial feasibility of a full-scale integrated rare earth 
        element extraction and separation facility and refinery.
            ``(2) Facility activities.--The facility established under 
        paragraph (1) shall--
                    ``(A) provide environmental benefits through use of 
                feedstock derived from acid mine drainage, mine waste, 
                or other deleterious material;
                    ``(B) separate mixed rare earth oxides into pure 
                oxides of each rare earth element;

[[Page 135 STAT. 961]]

                    ``(C) refine rare earth oxides into rare earth 
                metals; and
                    ``(D) provide for separation of rare earth oxides 
                and refining into rare earth metals at a single site.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this subsection 
        $140,000,000 for fiscal year 2022, to remain available until 
        expended.''.
SEC. 40206. <<NOTE: 30 USC 1607.>>  CRITICAL MINERALS SUPPLY 
                            CHAINS AND RELIABILITY.

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

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

[[Page 135 STAT. 962]]

            (6) providing demonstrable improvements in the performance 
        of Federal permitting and review processes, including lower 
        costs and more timely decisions;
            (7) expanding and institutionalizing Federal permitting and 
        review process improvements that have proven effective;
            (8) developing mechanisms to better communicate priorities 
        and resolve disputes among agencies at the national, regional, 
        State, and local levels; and
            (9) developing other practices, such as preapplication 
        procedures.

    (d) Review and Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretaries shall submit to Congress a report 
that--
            (1) identifies additional measures, including regulatory and 
        legislative proposals, if appropriate, that would increase the 
        timeliness of permitting activities for the exploration and 
        development of domestic critical minerals;
            (2) identifies options, including cost recovery paid by 
        permit applicants, for ensuring adequate staffing and training 
        of Federal entities and personnel responsible for the 
        consideration of applications, operating plans, leases, 
        licenses, permits, and other use authorizations for critical 
        mineral-related activities on Federal land;
            (3) quantifies the period of time typically required to 
        complete each step associated with the development and 
        processing of applications, operating plans, leases, licenses, 
        permits, and other use authorizations for critical mineral-
        related activities on Federal land, including by--
                    (A) calculating the range, the mean, the median, the 
                variance, and other statistical measures or 
                representations of the period of time; and
                    (B) taking into account other aspects that affect 
                the period of time that are outside the control of the 
                Executive branch, such as judicial review, applicant 
                decisions, or State and local government involvement; 
                and
            (4) describes actions carried out pursuant to subsection 
        (c).

    (e) <<NOTE: Deadline.>>  Performance Metric.--Not later than 90 days 
after the date of submission of the report under subsection (d), and 
after providing public notice and an opportunity to comment, the 
Secretaries, using as a baseline the period of time quantified under 
paragraph (3) of that subsection, shall develop and publish a 
performance metric for evaluating the progress made by the Executive 
branch to expedite the permitting of activities that will increase 
exploration for, and development of, domestic critical minerals, while 
maintaining environmental standards.

    (f) Annual Reports.--Not later than the date on which the President 
submits the first budget of the President under section 1105 of title 
31, United States Code, after publication of the performance metric 
required under subsection (e), and annually thereafter, the Secretaries 
shall submit to Congress a report that--
            (1) summarizes the implementation of recommendations, 
        measures, and options identified in paragraphs (1) and (2) of 
        subsection (d);
            (2) using the performance metric developed under subsection 
        (e), describes progress made by the Executive branch, as 
        compared to the baseline developed pursuant to subsection

[[Page 135 STAT. 963]]

        (d)(3), in expediting the permitting of activities that will 
        increase exploration for, and development of, domestic critical 
        minerals; and
            (3) compares the United States to other countries in terms 
        of permitting efficiency and any other criteria relevant to the 
        globally competitive critical minerals industry.

    (g) <<NOTE: Data. Public information. Website.>>  Individual 
Projects.--Each year, using data contained in the reports submitted 
under subsection (f), the Director of the Office of Management and 
Budget shall prioritize inclusion of individual critical mineral 
projects on the website operated by the Office of Management and Budget 
in accordance with section 1122 of title 31, United States Code.
SEC. 40207. <<NOTE: 42 USC 18741.>>  BATTERY PROCESSING AND 
                            MANUFACTURING.

    (a) Definitions.--In this section:
            (1) Advanced battery.--The term ``advanced battery'' means a 
        battery that consists of a battery cell that can be integrated 
        into a module, pack, or system to be used in energy storage 
        applications, including electric vehicles and the electric grid.
            (2) Advanced battery component.--
                    (A) In general.--The term ``advanced battery 
                component'' means a component of an advanced battery.
                    (B) Inclusions.--The term ``advanced battery 
                component'' includes materials, enhancements, 
                enclosures, anodes, cathodes, electrolytes, cells, and 
                other associated technologies that comprise an advanced 
                battery.
            (3) Battery material.--The term ``battery material'' means 
        the raw and processed form of a mineral, metal, chemical, or 
        other material used in an advanced battery component.
            (4) Eligible entity.--The term ``eligible entity'' means an 
        entity described in any of paragraphs (1) through (5) of section 
        989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)).
            (5) Foreign entity of concern.--The term ``foreign entity of 
        concern'' means a foreign entity that is--
                    (A) designated as a foreign terrorist organization 
                by the Secretary of State under section 219(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1189(a));
                    (B) included on the list of specially designated 
                nationals and blocked persons maintained by the Office 
                of Foreign Assets Control of the Department of the 
                Treasury (commonly known as the ``SDN list'');
                    (C) owned by, controlled by, or subject to the 
                jurisdiction or direction of a government of a foreign 
                country that is a covered nation (as defined in section 
                2533c(d) of title 10, United States Code);
                    (D) alleged by the Attorney General to have been 
                involved in activities for which a conviction was 
                obtained under--
                          (i) chapter 37 of title 18, United States Code 
                      (commonly known as the ``Espionage Act'');
                          (ii) section 951 or 1030 of title 18, United 
                      States Code;
                          (iii) chapter 90 of title 18, United States 
                      Code (commonly known as the ``Economic Espionage 
                      Act of 1996'');

[[Page 135 STAT. 964]]

                          (iv) the Arms Export Control Act (22 U.S.C. 
                      2751 et seq.);
                          (v) section 224, 225, 226, 227, or 236 of the 
                      Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 
                      2276, 2277, and 2284);
                          (vi) the Export Control Reform Act of 2018 (50 
                      U.S.C. 4801 et seq.); or
                          (vii) the International Emergency Economic 
                      Powers Act (50 U.S.C. 1701 et seq.); or
                    (E) <<NOTE: Consultation.>>  determined by the 
                Secretary, in consultation with the Secretary of Defense 
                and the Director of National Intelligence, to be engaged 
                in unauthorized conduct that is detrimental to the 
                national security or foreign policy of the United 
                States.
            (6) Manufacturing.--The term ``manufacturing'', with respect 
        to an advanced battery and an advanced battery component, means 
        the industrial and chemical steps taken to produce that advanced 
        battery or advanced battery component, respectively.
            (7) Processing.--The term ``processing'', with respect to 
        battery material, means the refining of materials, including the 
        treating, baking, and coating processes used to convert raw 
        products into constituent materials employed directly in 
        advanced battery manufacturing.
            (8) Recycling.--The term ``recycling'' means the recovery of 
        materials from advanced batteries to be reused in similar 
        applications, including the extracting, processing, and 
        recoating of battery materials and advanced battery components.

    (b) Battery Material Processing Grants.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Secretary 
        shall establish within the Office of Fossil Energy a program, to 
        be known as the ``Battery Material Processing Grant Program'' 
        (referred to in this subsection as the ``program''), under which 
        the Secretary shall award grants in accordance with this 
        subsection.
            (2) Purposes.--The purposes of the program are--
                    (A) to ensure that the United States has a viable 
                battery materials processing industry to supply the 
                North American battery supply chain;
                    (B) to expand the capabilities of the United States 
                in advanced battery manufacturing;
                    (C) to enhance national security by reducing the 
                reliance of the United States on foreign competitors for 
                critical materials and technologies; and
                    (D) to enhance the domestic processing capacity of 
                minerals necessary for battery materials and advanced 
                batteries.
            (3) Grants.--
                    (A) In general.--Under the program, the Secretary 
                shall award grants to eligible entities--
                          (i) to carry out 1 or more demonstration 
                      projects in the United States for the processing 
                      of battery materials;
                          (ii) to construct 1 or more new commercial-
                      scale battery material processing facilities in 
                      the United States; and

[[Page 135 STAT. 965]]

                          (iii) to retool, retrofit, or expand 1 or more 
                      existing battery material processing facilities 
                      located in the United States and determined 
                      qualified by the Secretary.
                    (B) Amount limitation.--The amount of a grant 
                awarded under the program shall be not less than--
                          (i) $50,000,000 for an eligible entity 
                      carrying out 1 or more projects described in 
                      subparagraph (A)(i);
                          (ii) $100,000,000 for an eligible entity 
                      carrying out 1 or more projects described in 
                      subparagraph (A)(ii); and
                          (iii) $50,000,000 for an eligible entity 
                      carrying out 1 or more projects described in 
                      subparagraph (A)(iii).
                    (C) Priority; consideration.--In awarding grants to 
                eligible entities under the program, the Secretary 
                shall--
                          (i) give priority to an eligible entity that--
                                    (I) is located and operates in the 
                                United States;
                                    (II) is owned by a United States 
                                entity;
                                    (III) deploys North American-owned 
                                intellectual property and content;
                                    (IV) represents consortia or 
                                industry partnerships; and
                                    (V) will not use battery material 
                                supplied by or originating from a 
                                foreign entity of concern; and
                          (ii) take into consideration whether a 
                      project--
                                    (I) provides workforce opportunities 
                                in low- and moderate-income communities;
                                    (II) encourages partnership with 
                                universities and laboratories to spur 
                                innovation and drive down costs;
                                    (III) partners with Indian Tribes; 
                                and
                                    (IV) takes into account--
                                            (aa) greenhouse gas 
                                        emissions reductions and energy 
                                        efficient battery material 
                                        processing opportunities 
                                        throughout the manufacturing 
                                        process; and
                                            (bb) supply chain logistics.
            (4) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out the program $3,000,000,000 for the period 
        of fiscal years 2022 through 2026, to remain available until 
        expended.

    (c) Battery Manufacturing and Recycling Grants.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Secretary 
        shall establish within the Office of Energy Efficiency and 
        Renewable Energy a battery manufacturing and recycling grant 
        program (referred to in this subsection as the ``program'').
            (2) Purpose.--The purpose of the program is to ensure that 
        the United States has a viable domestic manufacturing and 
        recycling capability to support and sustain a North American 
        battery supply chain.
            (3) Grants.--
                    (A) In general.--Under the program, the Secretary 
                shall award grants to eligible entities--

[[Page 135 STAT. 966]]

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

[[Page 135 STAT. 967]]

            (4) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out the program $3,000,000,000 for the period 
        of fiscal years 2022 through 2026, to remain available until 
        expended.

    (d) Reporting Requirements.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to Congress a report on the grant programs established under 
subsections (b) and (c), including, with respect to each grant program, 
a description of--
            (1) the number of grant applications received;
            (2) the number of grants awarded and the amount of each 
        award;
            (3) the purpose and status of each project carried out using 
        a grant; and
            (4) any other information the Secretary determines 
        necessary.

    (e) Lithium-Ion Battery Recycling Prize Competition.--
            (1) In general.--The Secretary shall continue to carry out 
        the Lithium-Ion Battery Recycling Prize Competition of the 
        Department established pursuant to section 24 of the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) 
        (referred to in this subsection as the ``competition'').
            (2) Authorization of appropriations for pilot projects.--
                    (A) In general.--There is authorized to be 
                appropriated to the Secretary to carry out Phase III of 
                the competition, $10,000,000 for fiscal year 2022, to 
                remain available until expended.
                    (B) Use of funds.--The Secretary may use amounts 
                made available under subparagraph (A)--
                          (i) to increase the number of winners of Phase 
                      III of the competition;
                          (ii) to increase the amount awarded to each 
                      winner of Phase III of the competition; and
                          (iii) to carry out any other activity that is 
                      consistent with the goals of Phase III of the 
                      competition, as determined by the Secretary.

    (f) Battery and Critical Mineral Recycling.--
            (1) Definitions.--In this subsection:
                    (A) Administrator.--The term ``Administrator'' means 
                the Administrator of the Environmental Protection 
                Agency.
                    (B) Battery.--The term ``battery'' means a device 
                that--
                          (i) consists of 1 or more electrochemical 
                      cells that are electrically connected; and
                          (ii) is designed to store and deliver electric 
                      energy.
                    (C) Battery producer.--The term ``battery producer'' 
                means, with respect to a covered battery or covered 
                battery-containing product that is sold, offered for 
                sale, or distributed for sale in the United States, 
                including through retail, wholesale, business-to-
                business, and online sale, the following applicable 
                entity:
                          (i) A person who--
                                    (I) manufactures the covered battery 
                                or covered battery-containing product; 
                                and

[[Page 135 STAT. 968]]

                                    (II) sells or offers for sale the 
                                covered battery or covered battery-
                                containing product under the brand of 
                                that person.
                          (ii) If there is no person described in clause 
                      (i) with respect to the covered battery or covered 
                      battery-containing product, the owner or licensee 
                      of the brand under which the covered battery or 
                      covered battery-containing product is sold, 
                      offered for sale, or distributed, regardless of 
                      whether the trademark of the brand is registered.
                          (iii) If there is no person described in 
                      clause (i) or (ii) with respect to the covered 
                      battery or covered battery-containing product, a 
                      person that imports the covered battery or covered 
                      battery-containing product into the United States 
                      for sale or distribution.
                    (D) Covered battery.--The term ``covered battery'' 
                means a new or unused primary battery or rechargeable 
                battery.
                    (E) Covered battery-containing product.--The term 
                ``covered battery-containing product'' means a new or 
                unused product that contains or is packaged with a 
                primary battery or rechargeable battery.
                    (F) Critical mineral.--The term ``critical mineral'' 
                has the meaning given the term in section 7002(a) of the 
                Energy Act of 2020 (30 U.S.C. 1606(a)).
                    (G) Primary battery.--The term ``primary battery'' 
                means a nonrechargeable battery that weighs not more 
                than 4.4 pounds, including an alkaline, carbon-zinc, and 
                lithium metal battery.
                    (H) Rechargeable battery.--
                          (i) In general.--The term ``rechargeable 
                      battery'' means a battery that--
                                    (I) contains 1 or more voltaic or 
                                galvanic cells that are electrically 
                                connected to produce electric energy;
                                    (II) is designed to be recharged;
                                    (III) weighs not more than 11 
                                pounds; and
                                    (IV) has a watt-hour rating of not 
                                more than 300 watt-hours.
                          (ii) Exclusions.--The term ``rechargeable 
                      battery'' does not include a battery that--
                                    (I) contains electrolyte as a free 
                                liquid; or
                                    (II) employs lead-acid technology, 
                                unless that battery is sealed and does 
                                not contain electrolyte as a free 
                                liquid.
                    (I) Recycling.--The term ``recycling'' means the 
                series of activities--
                          (i) during which recyclable materials are 
                      processed into specification-grade commodities, 
                      and consumed as raw-material feedstock, in lieu of 
                      virgin materials, in the manufacturing of new 
                      products;
                          (ii) that may include collection, processing, 
                      and brokering; and
                          (iii) that result in subsequent consumption by 
                      a materials manufacturer, including for the 
                      manufacturing of new products.

[[Page 135 STAT. 969]]

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

[[Page 135 STAT. 970]]

                          (i) In general.--To be eligible to receive a 
                      grant under subparagraph (A), an eligible entity 
                      described in subparagraph (B) shall submit to the 
                      Secretary an application at such time, in such 
                      manner, and containing such information as the 
                      Secretary may require.
                          (ii) Contents.--An application submitted under 
                      clause (i) shall describe how the project will 
                      promote collaboration among--
                                    (I) battery producers and 
                                manufacturers;
                                    (II) battery material and equipment 
                                manufacturers;
                                    (III) battery recyclers, collectors, 
                                and refiners; and
                                    (IV) retailers.
                    (D) <<NOTE: Time period.>>  Authorization of 
                appropriations.--There is authorized to be appropriated 
                to the Secretary to carry out this paragraph $60,000,000 
                for the period of fiscal years 2022 through 2026.
            (3) State and local programs.--
                    (A) In general.--The Secretary, in coordination with 
                the Administrator, shall establish a program under which 
                the Secretary shall award grants, on a competitive 
                basis, to States and units of local government to assist 
                in the establishment or enhancement of State battery 
                collection, recycling, and reprocessing programs.
                    (B) Non-federal cost share.--The non-Federal share 
                of the cost of a project carried out using a grant under 
                this paragraph shall be 50 percent of the cost of the 
                project.
                    (C) Report.--Not later than 2 years after the date 
                of enactment of this Act, and annually thereafter, the 
                Secretary shall submit to Congress a report that 
                describes the number of battery collection points 
                established or enhanced, an estimate of jobs created, 
                and the quantity of material collected as a result of 
                the grants awarded under subparagraph (A).
                    (D) <<NOTE: Time period.>>  Authorization of 
                appropriations.--There is authorized to be appropriated 
                to the Secretary to carry out this paragraph $50,000,000 
                for the period of fiscal years 2022 through 2026.
            (4) Retailers as collection points.--
                    (A) <<NOTE: Grants.>>  In general.--The Secretary 
                shall award grants, on a competitive basis, to retailers 
                that sell covered batteries or covered battery-
                containing products to establish and implement a system 
                for the acceptance and collection of covered batteries 
                and covered battery-containing products, as applicable, 
                for reuse, recycling, or proper disposal.
                    (B) Collection system.--A system described in 
                subparagraph (A) shall include take-back of covered 
                batteries--
                          (i) at no cost to the consumer; and
                          (ii) on a regular, convenient, and accessible 
                      basis.
                    (C) <<NOTE: Time period.>>  Authorization of 
                appropriations.--There is authorized to be appropriated 
                to the Secretary to carry out this paragraph $15,000,000 
                for the period of fiscal years 2022 through 2026.
            (5) Task force on producer responsibilities.--

[[Page 135 STAT. 971]]

                    (A) In general.--The Secretary, in coordination with 
                the Administrator, shall convene a task force to develop 
                an extended battery producer responsibility framework 
                that--
                          (i) addresses battery recycling goals, cost 
                      structures for mandatory recycling, reporting 
                      requirements, product design, collection models, 
                      and transportation of collected materials;
                          (ii) provides sufficient flexibility to allow 
                      battery producers to determine cost-effective 
                      strategies for compliance with the framework; and
                          (iii) outlines regulatory pathways for 
                      effective recycling.
                    (B) Task force members.--Members of the task force 
                convened under subparagraph (A) shall include--
                          (i) battery producers, manufacturers, 
                      retailers, recyclers, and collectors or 
                      processors;
                          (ii) States and municipalities; and
                          (iii) other relevant stakeholders, such as 
                      environmental, energy, or consumer organizations, 
                      as determined by the Secretary.
                    (C) Report.--Not later than 1 year after the date on 
                which the Secretary, in coordination with Administrator, 
                convenes the task force under subparagraph (A), the 
                Secretary shall submit to Congress a report that--
                          (i) describes the extended producer 
                      responsibility framework developed by the task 
                      force;
                          (ii) <<NOTE: Recommenda- tions.>>  includes 
                      the recommendations of the task force on how best 
                      to implement a mandatory pay-in or other 
                      enforcement mechanism to ensure that battery 
                      producers and sellers are contributing to the 
                      recycling of batteries; and
                          (iii) suggests regulatory pathways for 
                      effective recycling.
            (6) Effect on mercury-containing and rechargeable battery 
        management act.--Nothing in this subsection, or any regulation, 
        guideline, framework, or policy adopted or promulgated pursuant 
        to this subsection, shall modify or otherwise affect the 
        provisions of the Mercury-Containing and Rechargeable Battery 
        Management Act (42 U.S.C. 14301 et seq.).
SEC. 40208. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING AND SECOND-
                            LIFE APPLICATIONS PROGRAM.

    Section 641 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17231) is amended--
            (1) by striking subsection (k) and inserting the following:

    ``(k) Electric Drive Vehicle Battery Second-Life Applications and 
Recycling.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Battery recycling and second-life applications 
                program.--The term `battery recycling and second-life 
                applications program' means the electric drive vehicle 
                battery recycling and second-life applications program 
                established under paragraph (3).
                    ``(B) Critical material.--The term `critical 
                material' has the meaning given the term in section 
                7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).

[[Page 135 STAT. 972]]

                    ``(C) Economically distressed area.--The term 
                `economically distressed area' means an area described 
                in section 301(a) of the Public Works and Economic 
                Development Act of 1965 (42 U.S.C. 3161(a)).
                    ``(D) Electric drive vehicle battery.--The term 
                `electric drive vehicle battery' means any battery that 
                is a motive power source for an electric drive vehicle.
                    ``(E) Eligible entity.--The term `eligible entity' 
                means an entity described in any of paragraphs (1) 
                through (5) of section 989(b) of the Energy Policy Act 
                of 2005 (42 U.S.C. 16353(b)).
            ``(2) Program.--The Secretary shall carry out a program of 
        research, development, and demonstration of--
                    ``(A) second-life applications for electric drive 
                vehicle batteries that have been used to power electric 
                drive vehicles; and
                    ``(B) technologies and processes for final recycling 
                and disposal of the devices described in subparagraph 
                (A).
            ``(3) Electric drive vehicle battery recycling and second-
        life applications.--
                    ``(A) In general.--In carrying out the program under 
                paragraph (2), the Secretary shall establish an electric 
                drive vehicle battery recycling and second-life 
                applications program under which the Secretary shall--
                          ``(i) award grants under subparagraph (D); and
                          ``(ii) carry out other activities in 
                      accordance with this paragraph.
                    ``(B) Purposes.--The purposes of the battery 
                recycling and second-life applications program are the 
                following:
                          ``(i) To improve the recycling rates and 
                      second-use adoption rates of electric drive 
                      vehicle batteries.
                          ``(ii) To optimize the design and adaptability 
                      of electric drive vehicle batteries to make 
                      electric drive vehicle batteries more easily 
                      recyclable.
                          ``(iii) To establish alternative supply chains 
                      for critical materials that are found in electric 
                      drive vehicle batteries.
                          ``(iv) To reduce the cost of manufacturing, 
                      installation, purchase, operation, and maintenance 
                      of electric drive vehicle batteries.
                          ``(v) To improve the environmental impact of 
                      electric drive vehicle battery recycling 
                      processes.
                    ``(C) Targets.--In carrying out the battery 
                recycling and second-life applications program, the 
                Secretary shall address near-term (up to 2 years), mid-
                term (up to 5 years), and long-term (up to 10 years) 
                challenges to the recycling of electric drive vehicle 
                batteries.
                    ``(D) Grants.--
                          ``(i) In general.--In carrying out the battery 
                      recycling and second-life applications program, 
                      the Secretary shall award multiyear grants on a 
                      competitive, merit-reviewed basis to eligible 
                      entities--
                                    ``(I) to conduct research, 
                                development, testing, and evaluation of 
                                solutions to increase the rate and 
                                productivity of electric drive vehicle 
                                battery recycling; and

[[Page 135 STAT. 973]]

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

[[Page 135 STAT. 974]]

                          `` <<NOTE: Deadline.>> (iii) Solicitation.--
                      Not later than 90 days after the date of enactment 
                      of the Infrastructure Investment and Jobs Act, and 
                      annually thereafter, the Secretary shall conduct a 
                      national solicitation for applications for grants 
                      described in clause (i).
                          ``(iv) Dissemination of results.--The 
                      Secretary shall publish the results of the 
                      projects carried out through grants awarded under 
                      clause (i) through--
                                    ``(I) best practices relating to 
                                those grants, for use in the electric 
                                drive vehicle battery manufacturing, 
                                design, installation, refurbishing, or 
                                recycling industries;
                                    ``(II) coordination with information 
                                dissemination programs relating to 
                                general recycling of electronic devices; 
                                and
                                    ``(III) educational materials for 
                                the public, produced in conjunction with 
                                State and local governments or nonprofit 
                                organizations, on the problems and 
                                solutions relating to the recycling and 
                                second-life applications of electric 
                                drive vehicle batteries.
                    ``(E) Coordination with other programs of the 
                department.--In carrying out the battery recycling and 
                second-life applications program, the Secretary shall 
                coordinate and leverage the resources of complementary 
                efforts of the Department.
                    ``(F) Study and report.--
                          ``(i) Study.--The Secretary shall conduct a 
                      study on the viable market opportunities available 
                      for the recycling, second-use, and manufacturing 
                      of electric drive vehicle batteries in the United 
                      States.
                          ``(ii) Report.--Not later than 1 year after 
                      the date of enactment of the Infrastructure 
                      Investment and Jobs Act, the Secretary shall 
                      submit to the Committee on Energy and Natural 
                      Resources of the Senate, the Committee on Science, 
                      Space, and Technology of the House of 
                      Representatives, and any other relevant committee 
                      of Congress a report containing the results of the 
                      study under clause (i), including a description 
                      of--
                                    ``(I) the ability of relevant 
                                businesses or other entities to 
                                competitively manufacture electric drive 
                                vehicle batteries and recycle electric 
                                drive vehicle batteries in the United 
                                States;
                                    ``(II) any existing electric drive 
                                vehicle battery recycling and second-use 
                                practices and plans of electric drive 
                                vehicle manufacturing companies in the 
                                United States;
                                    ``(III) any barriers to electric 
                                drive vehicle battery recycling in the 
                                United States;
                                    ``(IV) opportunities and barriers in 
                                electric drive vehicle battery supply 
                                chains in the United States and 
                                internationally, including with allies 
                                and trading partners;
                                    ``(V) opportunities for job creation 
                                in the electric drive vehicle battery 
                                recycling and manufacturing fields and 
                                the necessary skills employees must 
                                acquire for growth of those fields in 
                                the United States;

[[Page 135 STAT. 975]]

                                    ``(VI) <<NOTE: Recommenda- tions.>>  
                                policy recommendations for enhancing 
                                electric drive vehicle battery 
                                manufacturing and recycling in the 
                                United States;
                                    ``(VII) <<NOTE: Recommenda- 
                                tions.>>  any recommendations for 
                                lowering logistics costs and creating 
                                better coordination and efficiency with 
                                respect to the removal, collection, 
                                transportation, storage, and disassembly 
                                of electric drive vehicle batteries;
                                    ``(VIII) <<NOTE: Recommenda- 
                                tions.>>  any recommendations for areas 
                                of coordination with other Federal 
                                agencies to improve electric drive 
                                vehicle battery recycling rates in the 
                                United States;
                                    ``(IX) an aggressive 2-year target 
                                and plan, the implementation of which 
                                shall begin during the 90-day period 
                                beginning on the date on which the 
                                report is submitted, to enhance the 
                                competitiveness of electric drive 
                                vehicle battery manufacturing and 
                                recycling in the United States; and
                                    ``(X) needs for future research, 
                                development, and demonstration projects 
                                in electric drive vehicle battery 
                                manufacturing, recycling, and related 
                                areas, as determined by the Secretary.
                    ``(G) <<NOTE: Deadline. Time period. Recommenda- 
                tions.>>  Evaluation.--Not later than 3 years after the 
                date on which the report under subparagraph (F)(ii) is 
                submitted, and every 4 years thereafter, the Secretary 
                shall conduct, and make available to the public and the 
                relevant committees of Congress, an independent review 
                of the progress of the grants awarded under subparagraph 
                (D) in meeting the recommendations and targets included 
                in the report.''; and
            (2) in subsection (p), by striking paragraph (6) and 
        inserting the following:
            ``(6) the electric drive vehicle battery recycling and 
        second-life applications program under subsection (k) 
        $200,000,000 for the period of fiscal years 2022 through 
        2026.''.
SEC. 40209. <<NOTE: 42 USC 18742.>>  ADVANCED ENERGY MANUFACTURING 
                            AND RECYCLING GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Advanced energy property.--The term ``advanced energy 
        property'' means--
                    (A) property designed to be used to produce energy 
                from the sun, water, wind, geothermal or hydrothermal 
                (as those terms are defined in section 612 of the Energy 
                Independence and Security Act of 2007 (42 U.S.C. 17191)) 
                resources, enhanced geothermal systems (as defined in 
                that section), or other renewable resources;
                    (B) fuel cells, microturbines, or energy storage 
                systems and components;
                    (C) electric grid modernization equipment or 
                components;
                    (D) property designed to capture, remove, use, or 
                sequester carbon oxide emissions;
                    (E) equipment designed to refine, electrolyze, or 
                blend any fuel, chemical, or product that is--
                          (i) renewable; or
                          (ii) low-carbon and low-emission;

[[Page 135 STAT. 976]]

                    (F) property designed to produce energy conservation 
                technologies (including for residential, commercial, and 
                industrial applications);
                    (G)(i) light-, medium-, or heavy-duty electric or 
                fuel cell vehicles, electric or fuel cell locomotives, 
                electric or fuel cell maritime vessels, or electric or 
                fuel cell planes;
                    (ii) technologies, components, and materials of 
                those vehicles, locomotives, maritime vessels, or 
                planes; and
                    (iii) charging or refueling infrastructure 
                associated with those vehicles, locomotives, maritime 
                vessels, or planes;
                    (H)(i) hybrid vehicles with a gross vehicle weight 
                rating of not less than 14,000 pounds; and
                    (ii) technologies, components, and materials for 
                those vehicles; and
                    (I) other advanced energy property designed to 
                reduce greenhouse gas emissions, as may be determined by 
                the Secretary.
            (2) Covered census tract.--The term ``covered census tract'' 
        means a census tract--
                    (A) in which, after December 31, 1999, a coal mine 
                had closed;
                    (B) in which, after December 31, 2009, a coal-fired 
                electricity generating unit had been retired; or
                    (C) that is immediately adjacent to a census tract 
                described in subparagraph (A) or (B).
            (3) Eligible entity.--The term ``eligible entity'' means a 
        manufacturing firm--
                    (A) the gross annual sales of which are less than 
                $100,000,000;
                    (B) that has fewer than 500 employees at the plant 
                site of the manufacturing firm; and
                    (C) the annual energy bills of which total more than 
                $100,000 but less than $2,500,000.
            (4) Minority-owned.--The term ``minority-owned'', with 
        respect to an eligible entity, means an eligible entity not less 
        than 51 percent of which is owned by 1 or more individuals who 
        are--
                    (A) citizens of the United States; and
                    (B) Asian American, Native Hawaiian, Pacific 
                Islander, African American, Hispanic, Puerto Rican, 
                Native American, or Alaska Native.
            (5) Program.--The term ``Program'' means the grant program 
        established under subsection (b).
            (6) Qualifying advanced energy project.--The term 
        ``qualifying advanced energy project'' means a project that--
                    (A)(i) re-equips, expands, or establishes a 
                manufacturing or recycling facility for the production 
                or recycling, as applicable, of advanced energy 
                property; or
                    (ii) re-equips an industrial or manufacturing 
                facility with equipment designed to reduce the 
                greenhouse gas emissions of that facility substantially 
                below the greenhouse gas emissions under current best 
                practices, as determined by the Secretary, through the 
                installation of--
                          (I) low- or zero-carbon process heat systems;
                          (II) carbon capture, transport, utilization, 
                      and storage systems;

[[Page 135 STAT. 977]]

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

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

    (d) Project Completion and Location; Return of Unobligated Funds.--
            (1) Completion; return of unobligated funds.--An eligible 
        entity that receives a grant under the Program shall be 
        required--
                    (A) <<NOTE: Deadline.>>  to complete the qualifying 
                advanced energy project funded by the grant not later 
                than 3 years after the date of receipt of the grant 
                funds; and

[[Page 135 STAT. 978]]

                    (B) to return to the Secretary any grant funds that 
                remain unobligated at the end of that 3-year period.
            (2) Location.--If the Secretary determines that an eligible 
        entity awarded a grant under the Program has carried out the 
        applicable qualifying advanced energy project at a location that 
        is materially different from the location specified in the 
        application for the grant, the eligible entity shall be required 
        to return the grant funds to the Secretary.

    (e) Technical Assistance.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Secretary 
        shall provide technical assistance on a selective basis to 
        eligible entities that are seeking a grant under the Program to 
        enhance the impact of the qualifying advanced energy project to 
        be carried out using the grant with respect to the selection 
        criteria described in subsection (c)(2)(A).
            (2) Applications.--An eligible entity desiring technical 
        assistance under paragraph (1) shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (3) Factors for consideration.--In selecting eligible 
        entities for technical assistance under paragraph (1), the 
        Secretary shall give higher priority to eligible entities that 
        propose a qualifying advanced energy project that has greater 
        potential for enhancement of the impact of the project with 
        respect to the selection criteria described in subsection 
        (c)(2)(A).

    (f) <<NOTE: Public information.>>  Publication of Grants.--The 
Secretary shall make publicly available the identity of each eligible 
entity awarded a grant under the Program and the amount of the grant.

    (g) Report.--Not later than 4 years after the date of enactment this 
Act, the Secretary shall--
            (1) review the grants awarded under the Program; and
            (2) submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Energy and Commerce of the 
        House of Representatives a report describing those grants.

    (h) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out the 
Program $750,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40210. <<NOTE: 42 USC 18743.>>  CRITICAL MINERALS MINING AND 
                            RECYCLING RESEARCH.

    (a) Definitions.--In this section:
            (1) Critical mineral.--The term ``critical mineral'' has the 
        meaning given the term in section 7002(a) of the Energy Act of 
        2020 (30 U.S.C. 1606(a)).
            (2) Critical minerals and metals.--The term ``critical 
        minerals and metals'' includes any host mineral of a critical 
        mineral.
            (3) Director.--The term ``Director'' means the Director of 
        the Foundation.
            (4) End-to-end.--The term ``end-to-end'', with respect to 
        the integration of mining or life cycle of minerals, means the 
        integrated approach of, or the lifecycle determined by, 
        examining the research and developmental process from the mining 
        of the raw minerals to its processing into useful materials, its 
        integration into components and devices, the utilization of such 
        devices in the end-use application to satisfy certain

[[Page 135 STAT. 979]]

        performance metrics, and the recycling or disposal of such 
        devices.
            (5) Foreign entity of concern.--The term ``foreign entity of 
        concern'' means a foreign entity that is--
                    (A) designated as a foreign terrorist organization 
                by the Secretary of State under section 219(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1189(a));
                    (B) included on the list of specially designated 
                nationals and blocked persons maintained by the Office 
                of Foreign Assets Control of the Department of the 
                Treasury (commonly known as the SDN list);
                    (C) owned by, controlled by, or subject to the 
                jurisdiction or direction of a government of a foreign 
                country that is a covered nation (as defined in section 
                2533c(d) of title 10, United States Code);
                    (D) alleged by the Attorney General to have been 
                involved in activities for which a conviction was 
                obtained under--
                          (i) chapter 37 of title 18, United States Code 
                      (commonly known as the ``Espionage Act'');
                          (ii) section 951 or 1030 of title 18, United 
                      States Code;
                          (iii) chapter 90 of title 18, United States 
                      Code (commonly known as the ``Economic Espionage 
                      Act of 1996)'';
                          (iv) the Arms Export Control Act (22 U.S.C. 
                      2751 et seq.);
                          (v) section 224, 225, 226, 227, or 236 of the 
                      Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 
                      2276, 2277, and 2284);
                          (vi) the Export Control Reform Act of 2018 (50 
                      U.S.C. 4801 et seq.); or
                          (vii) the International Emergency Economic 
                      Powers Act (50 U.S.C. 1701 et seq.); or
                    (E) determined by the Secretary of Commerce, in 
                consultation with the Secretary of Defense and the 
                Director of National Intelligence, to be engaged in 
                unauthorized conduct that is detrimental to the national 
                security or foreign policy of the United States.
            (6) Foundation.--The term ``Foundation'' means the National 
        Science Foundation.
            (7) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given the term in section 
        101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
            (8) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy Policy 
        Act of 2005 (42 U.S.C. 15801).
            (9) Recycling.--The term ``recycling'' means the process of 
        collecting and processing spent materials and devices and 
        turning the materials and devices into raw materials or 
        components that can be reused either partially or completely.
            (10) Secondary recovery.--The term ``secondary recovery'' 
        means the recovery of critical minerals and metals from 
        discarded end-use products or from waste products produced 
        during the metal refining and manufacturing process, including 
        from mine waste piles, acid mine drainage sludge,

[[Page 135 STAT. 980]]

        or byproducts produced through legacy mining and metallurgy 
        activities.

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

[[Page 135 STAT. 981]]

    (c) Critical Minerals Interagency Subcommittee.--
            (1) In general.--In order to support supply chain 
        resiliency, the Critical Minerals Subcommittee of the National 
        Science and Technology Council (referred to in this subsection 
        as the ``Subcommittee'') shall coordinate Federal science and 
        technology efforts to ensure secure and reliable supplies of 
        critical minerals to the United States.
            (2) Purposes.--The purposes of the Subcommittee shall be--
                    (A) to advise and assist the National Science and 
                Technology Council, including the Committee on Homeland 
                and National Security of the National Science and 
                Technology Council, on United States policies, 
                procedures, and plans relating to critical minerals, 
                including--
                          (i) Federal research, development, and 
                      deployment efforts to optimize methods for 
                      extractions, concentration, separation, and 
                      purification of conventional, secondary, and 
                      unconventional sources of critical minerals, 
                      including research that prioritizes end-to-end 
                      integration of mining and recycling techniques and 
                      the end-use target for critical minerals;
                          (ii) efficient use and reuse of critical 
                      minerals, including recycling technologies for 
                      critical minerals and the reclamation of critical 
                      minerals from components, such as spent batteries;
                          (iii) addressing the technology transitions 
                      between research or lab-scale mining and recycling 
                      and commercialization of these technologies;
                          (iv) the critical minerals workforce of the 
                      United States; and
                          (v) United States private industry investments 
                      in innovation and technology transfer from 
                      federally funded science and technology;
                    (B) to identify emerging opportunities, stimulate 
                international cooperation, and foster the development of 
                secure and reliable supply chains of critical minerals, 
                including activities relating to the reuse of critical 
                minerals via recycling;
                    (C) to ensure the transparency of information and 
                data related to critical minerals; and
                    (D) to provide recommendations on coordination and 
                collaboration among the research, development, and 
                deployment programs and activities of Federal agencies 
                to promote a secure and reliable supply of critical 
                minerals necessary to maintain national security, 
                economic well-being, and industrial production.
            (3) Responsibilities.--In carrying out paragraphs (1) and 
        (2), the Subcommittee may, taking into account the findings and 
        recommendations of relevant advisory committees--
                    (A) provide recommendations on how Federal agencies 
                may improve the topographic, geologic, and geophysical 
                mapping of the United States and improve the 
                discoverability, accessibility, and usability of the 
                resulting and existing data, to the extent permitted by 
                law and subject to appropriate limitation for purposes 
                of privacy and security;

[[Page 135 STAT. 982]]

                    (B) assess the progress toward developing critical 
                minerals recycling and reprocessing technologies;
                    (C) assess the end-to-end lifecycle of critical 
                minerals, including for mining, usage, recycling, and 
                end-use material and technology requirements;
                    (D) examine, and provide recommendations for, 
                options for accessing and developing critical minerals 
                through investment and trade with allies and partners of 
                the United States;
                    (E) evaluate and provide recommendations to 
                incentivize the development and use of advances in 
                science and technology in the private industry;
                    (F) assess the need for, and make recommendations to 
                address, the challenges the United States critical 
                minerals supply chain workforce faces, including--
                          (i) aging and retiring personnel and faculty;
                          (ii) public perceptions about the nature of 
                      mining and mineral processing; and
                          (iii) foreign competition for United States 
                      talent;
                    (G) develop, and update as necessary, a strategic 
                plan to guide Federal programs and activities to 
                enhance--
                          (i) scientific and technical capabilities 
                      across critical mineral supply chains, including a 
                      roadmap that identifies key research and 
                      development needs and coordinates ongoing 
                      activities for source diversification, more 
                      efficient use, recycling, and substitution for 
                      critical minerals; and
                          (ii) cross-cutting mining science, data 
                      science techniques, materials science, 
                      manufacturing science and engineering, 
                      computational modeling, and environmental health 
                      and safety research and development; and
                    (H) report to the appropriate committees of Congress 
                on activities and findings under this subsection.
            (4) Mandatory responsibilities.--In carrying out paragraphs 
        (1) and (2), the Subcommittee shall, taking into account the 
        findings and recommendations of relevant advisory committees, 
        identify and evaluate Federal policies and regulations that 
        restrict the mining of critical minerals.

    (d) Grant Program for Processing of Critical Minerals and 
Development of Critical Minerals and Metals.--
            (1) Establishment.--The Secretary, in consultation with the 
        Director, the Secretary of the Interior, and the Secretary of 
        Commerce, shall establish a grant program to finance pilot 
        projects for--
                    (A) the processing or recycling of critical minerals 
                in the United States; or
                    (B) the development of critical minerals and metals 
                in the United States
            (2) Limitation on grant awards.--A grant awarded under 
        paragraph (1) may not exceed $10,000,000.
            (3) Economic viability.--In awarding grants under paragraph 
        (1), the Secretary shall give priority to projects that the 
        Secretary determines are likely to be economically viable over 
        the long term.
            (4) Secondary recovery.--In awarding grants under paragraph 
        (1), the Secretary shall seek to award not less than

[[Page 135 STAT. 983]]

        30 percent of the total amount of grants awarded during the 
        fiscal year for projects relating to secondary recovery of 
        critical minerals and metals.
            (5) Domestic priority.--In awarding grants for the 
        development of critical minerals and metals under paragraph 
        (1)(B), the Secretary shall prioritize pilot projects that will 
        process the critical minerals and metals domestically.
            (6) Prohibition on processing by foreign entity of 
        concern.--In awarding grants under paragraph (1), the Secretary 
        shall ensure that pilot projects do not export for processing 
        any critical minerals and metals to a foreign entity of concern.
            (7) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out the grant program established under 
        paragraph (1) $100,000,000 for each of fiscal years 2021 through 
        2024.
SEC. 40211. <<NOTE: 42 USC 18744.>>  21ST CENTURY ENERGY WORKFORCE 
                            ADVISORY BOARD.

    (a) Establishment.--The Secretary shall establish a board, to be 
known as the ``21st Century Energy Workforce Advisory Board'', to 
develop a strategy for the Department that, with respect to the role of 
the Department in the support and development of a skilled energy 
workforce--
            (1) meets the current and future industry and labor needs of 
        the energy sector;
            (2) provides opportunities for students to become qualified 
        for placement in traditional energy sector and emerging energy 
        sector jobs;
            (3) identifies areas in which the Department can effectively 
        utilize the technical expertise of the Department to support the 
        workforce activities of other Federal agencies;
            (4) strengthens and engages the workforce training programs 
        of the Department and the National Laboratories in carrying out 
        the Equity in Energy Initiative of the Department and other 
        Department workforce priorities;
            (5) develops plans to support and retrain displaced and 
        unemployed energy sector workers; and
            (6) prioritizes education and job training for 
        underrepresented groups, including racial and ethnic minorities, 
        Indian Tribes, women, veterans, and socioeconomically 
        disadvantaged individuals.

    (b) Membership.--
            (1) <<NOTE: Appointment. Deadline.>>  In general.--The Board 
        shall be composed of not fewer than 10 and not more than 15 
        members, with the initial members of the Board to be appointed 
        by the Secretary not later than 1 year after the date of 
        enactment of this Act.
            (2) Requirement.--The Board shall include not fewer than 1 
        representative of a labor organization with significant energy 
        experience who has been nominated by a national labor 
        federation.
            (3) Qualifications.--Each individual appointed to the Board 
        under paragraph (1) shall have expertise in--
                    (A) the field of economics or workforce development;
                    (B) relevant traditional energy industries or 
                emerging energy industries, including energy efficiency;
                    (C) secondary or postsecondary education;

[[Page 135 STAT. 984]]

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

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

[[Page 135 STAT. 985]]

                          (i) submit to the Board a response to the 
                      report that--
                                    (I) describes whether the Secretary 
                                approves or disapproves of each 
                                recommendation of the Board under 
                                subparagraph (A); and
                                    (II) if the Secretary approves of a 
                                recommendation, provides an 
                                implementation plan for the 
                                recommendation; and
                          (ii) submit to Congress--
                                    (I) the report of the Board under 
                                subparagraph (A); and
                                    (II) the response of the Secretary 
                                under clause (i).
                    (C) Public availability of report.--
                          (i) In general.--The Board shall make each 
                      report under subparagraph (A) available to the 
                      public on the earlier of--
                                    (I) the date on which the Board 
                                receives the response of the Secretary 
                                under subparagraph (B)(i); and
                                    (II) the date that is 90 days after 
                                the date on which the Board submitted 
                                the report to the Secretary.
                          (ii) Requirement.--If the Board has received a 
                      response to a report from the Secretary under 
                      subparagraph (B)(i), the Board shall make that 
                      response publicly available with the applicable 
                      report.

    (d) Report by the Secretary.--Not later than 180 days before the 
date of expiration of a term of the Board under subsection (f), the 
Secretary shall submit to the Committees on Energy and Natural Resources 
and Appropriations of the Senate and the Committees on Energy and 
Commerce and Appropriations of the House of Representatives a report 
that--
            (1) describes the effectiveness and accomplishments of the 
        Board during the applicable term;
            (2) contains a determination of the Secretary as to whether 
        the Board should be renewed; and
            (3) if the Secretary determines that the Board should be 
        renewed, any recommendations as to whether and how the scope and 
        functions of the Board should be modified.

    (e) Outreach to Minority-Serving Institutions, Veterans, and 
Displaced and Unemployed Energy Workers.--In developing the strategy 
under subsection (a), the Board shall--
            (1) give special consideration to increasing outreach to 
        minority-serving institutions, veterans, and displaced and 
        unemployed energy workers;
            (2) make resources available to--
                    (A) minority-serving institutions, with the 
                objective of increasing the number of skilled minorities 
                and women trained to go into the energy and 
                manufacturing sectors;
                    (B) institutions that serve veterans, with the 
                objective of increasing the number veterans in the 
                energy industry by ensuring that veterans have the 
                credentials and training necessary to secure careers in 
                the energy industry; and
                    (C) institutions that serve displaced and unemployed 
                energy workers to increase the number of individuals 
                trained for jobs in the energy industry;

[[Page 135 STAT. 986]]

            (3) encourage the energy industry to improve the 
        opportunities for students of minority-serving institutions, 
        veterans, and displaced and unemployed energy workers to 
        participate in internships, preapprenticeships, apprenticeships, 
        and cooperative work-study programs in the energy industry; and
            (4) work with the National Laboratories to increase the 
        participation of underrepresented groups, veterans, and 
        displaced and unemployed energy workers in internships, 
        fellowships, training programs, and employment at the National 
        Laboratories.

    (f) Term.--
            (1) In general.--Subject to paragraph (2), the Board shall 
        terminate on September 30, 2026.
            (2) Extensions.--The Secretary may renew the Board for 1 or 
        more 5-year periods by submitting, not later than the date 
        described in subsection (d), a report described in that 
        subsection that contains a determination by the Secretary that 
        the Board should be renewed.

       TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS

  Subtitle A--Carbon Capture, Utilization, Storage, and Transportation 
                             Infrastructure

SEC. 40301. <<NOTE: 42 USC 16292 note.>>  FINDINGS.

    Congress finds that--
            (1) the industrial sector is integral to the economy of the 
        United States--
                    (A) providing millions of jobs and essential 
                products; and
                    (B) demonstrating global leadership in manufacturing 
                and innovation;
            (2) carbon capture and storage technologies are necessary 
        for reducing hard-to-abate emissions from the industrial sector, 
        which emits nearly 25 percent of carbon dioxide emissions in the 
        United States;
            (3) carbon removal and storage technologies, including 
        direct air capture, must be deployed at large-scale in the 
        coming decades to remove carbon dioxide directly from the 
        atmosphere;
            (4) large-scale deployment of carbon capture, removal, 
        utilization, transport, and storage--
                    (A) is critical for achieving mid-century climate 
                goals; and
                    (B) will drive regional economic development, 
                technological innovation, and high-wage employment;
            (5) carbon capture, removal, and utilization technologies 
        require a backbone system of shared carbon dioxide transport and 
        storage infrastructure to enable large-scale deployment, realize 
        economies of scale, and create an interconnected carbon 
        management market;

[[Page 135 STAT. 987]]

            (6) carbon dioxide transport infrastructure and permanent 
        geological storage are proven and safe technologies with 
        existing Federal and State regulatory frameworks;
            (7) carbon dioxide transport and storage infrastructure 
        share similar barriers to deployment previously faced by other 
        types of critical national infrastructure, such as high capital 
        costs and chicken-and-egg challenges, that require Federal and 
        State support, in combination with private investment, to be 
        overcome; and
            (8) each State should take into consideration, with respect 
        to new carbon dioxide transportation infrastructure--
                    (A) qualifying the infrastructure as pollution 
                control devices under applicable laws (including 
                regulations) of the State; and
                    (B) establishing a waiver of ad valorem and property 
                taxes for the infrastructure for a period of not less 
                than 10 years.
SEC. 40302. CARBON UTILIZATION PROGRAM.

    Section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a) is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (2) the following:
            ``(3) to develop or obtain, in coordination with other 
        applicable Federal agencies and standard-setting organizations, 
        standards and certifications, as appropriate, to facilitate the 
        commercialization of the products and technologies described in 
        paragraph (2);'';
            (2) in subsection (b)--
                    (A) by redesignating paragraph (2) as paragraph (3);
                    (B) by inserting after paragraph (1) the following:
            ``(2) Grant program.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 1 year after the date of enactment of the 
                Infrastructure Investment and Jobs Act, the Secretary 
                shall establish a program to provide grants to eligible 
                entities to use in accordance with subparagraph (D).
                    ``(B) Eligible entities.--To be eligible to receive 
                a grant under this paragraph, an entity shall be--
                          ``(i) a State;
                          ``(ii) a unit of local government; or
                          ``(iii) a public utility or agency.
                    ``(C) Applications.--Eligible entities desiring a 
                grant under this paragraph shall submit to the Secretary 
                an application at such time, in such manner, and 
                containing such information as the Secretary determines 
                to be appropriate.
                    ``(D) Use of funds.--An eligible entity shall use a 
                grant received under this paragraph to procure and use 
                commercial or industrial products that--
                          ``(i) use or are derived from anthropogenic 
                      carbon oxides; and
                          ``(ii) demonstrate significant net reductions 
                      in lifecycle greenhouse gas emissions compared to 
                      incumbent technologies, processes, and 
                      products.''; and

[[Page 135 STAT. 988]]

                    (C) in paragraph (3) (as so redesignated), by 
                striking ``paragraph (1)'' and inserting ``this 
                subsection''; and
            (3) by striking subsection (d) and inserting the following:

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

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

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

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

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

    ``In this subtitle:
            ``(1) CIFIA program.--The term `CIFIA program' means the 
        carbon dioxide transportation infrastructure finance and 
        innovation program established under section 999B(a).
            ``(2) Common carrier.--The term `common carrier' means a 
        transportation infrastructure operator or owner that--
                    ``(A) publishes a publicly available tariff 
                containing the just and reasonable rates, terms, and 
                conditions of nondiscriminatory service; and

[[Page 135 STAT. 989]]

                    ``(B) holds itself out to provide transportation 
                services to the public for a fee.
            ``(3) Contingent commitment.--The term `contingent 
        commitment' means a commitment to obligate funds from future 
        available budget authority that is--
                    ``(A) contingent on those funds being made available 
                in law at a future date; and
                    ``(B) not an obligation of the Federal Government.
            ``(4) Eligible project costs.--The term `eligible project 
        costs' means amounts substantially all of which are paid by, or 
        for the account of, an obligor in connection with a project, 
        including--
                    ``(A) the cost of--
                          ``(i) development-phase activities, including 
                      planning, feasibility analysis, revenue 
                      forecasting, environmental review, permitting, 
                      preliminary engineering and design work, and other 
                      preconstruction activities;
                          ``(ii) construction, reconstruction, 
                      rehabilitation, replacement, and acquisition of 
                      real property (including land relating to the 
                      project and improvements to land), environmental 
                      mitigation, construction contingencies, and 
                      acquisition and installation of equipment 
                      (including labor); and
                          ``(iii) capitalized interest necessary to meet 
                      market requirements, reasonably required reserve 
                      funds, capital issuance expenses, and other 
                      carrying costs during construction; and
                    ``(B) transaction costs associated with financing 
                the project, including--
                          ``(i) the cost of legal counsel and technical 
                      consultants; and
                          ``(ii) any subsidy amount paid in accordance 
                      with section 999B(c)(3)(B)(ii) or section 
                      999C(b)(6)(B)(ii).
            ``(5) Federal credit instrument.--The term `Federal credit 
        instrument' means a secured loan or loan guarantee authorized to 
        be provided under the CIFIA program with respect to a project.
            ``(6) Lender.--The term `lender' means a qualified 
        institutional buyer (as defined in section 230.144A(a) of title 
        17, Code of Federal Regulations (or a successor regulation), 
        commonly known as Rule 144A(a) of the Securities and Exchange 
        Commission and issued under the Securities Act of 1933 (15 
        U.S.C. 77a et seq.)), that is not a Federal qualified 
        institutional buyer.
            ``(7) Letter of interest.--The term `letter of interest' 
        means a letter submitted by a potential applicant prior to an 
        application for credit assistance in a format prescribed by the 
        Secretary on the website of the CIFIA program that--
                    ``(A) describes the project and the location, 
                purpose, and cost of the project;
                    ``(B) outlines the proposed financial plan, 
                including the requested credit and grant assistance and 
                the proposed obligor;
                    ``(C) provides a status of environmental review; and
                    ``(D) provides information regarding satisfaction of 
                other eligibility requirements of the CIFIA program.

[[Page 135 STAT. 990]]

            ``(8) Loan guarantee.--The term `loan guarantee' means any 
        guarantee or other pledge by the Secretary to pay all or part of 
        the principal of, and interest on, a loan made to an obligor, or 
        debt obligation issued by an obligor, in each case funded by a 
        lender.
            ``(9) Master credit agreement.--The term `master credit 
        agreement' means a conditional agreement that--
                    ``(A) is for the purpose of extending credit 
                assistance for--
                          ``(i) a project of high priority under section 
                      999B(c)(3)(A); or
                          ``(ii) a project covered under section 
                      999B(c)(3)(B);
                    ``(B) does not provide for a current obligation of 
                Federal funds; and
                    ``(C) would--
                          ``(i) make a contingent commitment of a 
                      Federal credit instrument or grant at a future 
                      date, subject to--
                                    ``(I) the availability of future 
                                funds being made available to carry out 
                                the CIFIA program; and
                                    ``(II) the satisfaction of all 
                                conditions for the provision of credit 
                                assistance under the CIFIA program, 
                                including section 999C(b);
                          ``(ii) establish the maximum amounts and 
                      general terms and conditions of the Federal credit 
                      instruments or grants;
                          ``(iii) identify the 1 or more revenue sources 
                      that will secure the repayment of the Federal 
                      credit instruments;
                          ``(iv) provide for the obligation of funds for 
                      the Federal credit instruments or grants after all 
                      requirements have been met for the projects 
                      subject to the agreement, including--
                                    ``(I) compliance with all applicable 
                                requirements specified under the CIFIA 
                                program, including sections 999B(d) and 
                                999C(b)(1); and
                                    ``(II) the availability of funds to 
                                carry out the CIFIA program; and
                          ``(v) <<NOTE: Deadline.>>  require that 
                      contingent commitments shall result in a financial 
                      close and obligation of credit or grant assistance 
                      by not later than 4 years after the date of entry 
                      into the agreement or release of the commitment, 
                      as applicable, unless otherwise extended by the 
                      Secretary.
            ``(10) Obligor.--The term `obligor' means a corporation, 
        partnership, joint venture, trust, non-Federal governmental 
        entity, agency, or instrumentality, or other entity that is 
        liable for payment of the principal of, or interest on, a 
        Federal credit instrument.
            ``(11) Produced in the united states.--The term `produced in 
        the United States', with respect to iron and steel, means that 
        all manufacturing processes for the iron and steel, including 
        the application of any coating, occurs within the United States.
            ``(12) Project.--The term `project' means a project for 
        common carrier carbon dioxide transportation infrastructure or 
        associated equipment, including pipeline, shipping, rail, or

[[Page 135 STAT. 991]]

        other transportation infrastructure and associated equipment, 
        that will transport or handle carbon dioxide captured from 
        anthropogenic sources or ambient air, as the Secretary 
        determines to be appropriate.
            ``(13) Project obligation.--The term `project obligation' 
        means any note, bond, debenture, or other debt obligation issued 
        by an obligor in connection with the financing of a project, 
        other than a Federal credit instrument.
            ``(14) Secured loan.--The term `secured loan' means a direct 
        loan to an obligor or a debt obligation issued by an obligor and 
        purchased by the Secretary, in each case funded by the Secretary 
        in connection with the financing of a project under section 
        999C.
            ``(15) Subsidy amount.--The term `subsidy amount' means the 
        amount of budget authority sufficient to cover the estimated 
        long-term cost to the Federal Government of a Federal credit 
        instrument--
                    ``(A) calculated on a net present value basis; and
                    ``(B) excluding administrative costs and any 
                incidental effects on governmental receipts or outlays 
                in accordance with the Federal Credit Reform Act of 1990 
                (2 U.S.C. 661 et seq.).
            ``(16) Substantial completion.--The term `substantial 
        completion', with respect to a project, means the date--
                    ``(A) on which the project commences transportation 
                of carbon dioxide; or
                    ``(B) of a comparable event to the event described 
                in subparagraph (A), as determined by the Secretary and 
                specified in the project credit agreement.
``SEC. 999B. <<NOTE: 42 USC 16372.>>  DETERMINATION OF ELIGIBILITY 
                          AND PROJECT SELECTION.

    ``(a) Establishment of Program.--The Secretary shall establish and 
carry out a carbon dioxide transportation infrastructure finance and 
innovation program, under which the Secretary shall provide for eligible 
projects in accordance with this subtitle--
            ``(1) a Federal credit instrument under section 999C;
            ``(2) a grant under section 999D; or
            ``(3) both a Federal credit instrument and a grant.

    ``(b) Eligibility.--
            ``(1) In general.--A project shall be eligible to receive a 
        Federal credit instrument or a grant under the CIFIA program 
        if--
                    ``(A) the entity proposing to carry out the project 
                submits a letter of interest prior to submission of an 
                application under paragraph (3) for the project; and
                    ``(B) the project meets the criteria described in 
                this subsection.
            ``(2) Creditworthiness.--
                    ``(A) <<NOTE: Determination.>>  In general.--Each 
                project and obligor that receives a Federal credit 
                instrument or a grant under the CIFIA program shall be 
                creditworthy, such that there exists a reasonable 
                prospect of repayment of the principal and interest on 
                the Federal credit instrument, as determined by the 
                Secretary under subparagraph (B).
                    ``(B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether there is 
                a

[[Page 135 STAT. 992]]

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

[[Page 135 STAT. 993]]

        construction of the project can commence by not later than 90 
        days after the date on which a Federal credit instrument or 
        grant is obligated for the project under the CIFIA program.

    ``(c) Selection Among Eligible Projects.--
            ``(1) Establishment of application process.--The Secretary 
        shall establish an application process under which projects that 
        are eligible to receive assistance under subsection (b) may--
                    ``(A) receive credit assistance on terms acceptable 
                to the Secretary, if adequate funds are available 
                (including any funds provided on behalf of an eligible 
                project under paragraph (3)(B)(ii)) to cover the subsidy 
                amount associated with the Federal credit instrument; 
                and
                    ``(B) receive grants under section 999D if--
                          ``(i) adequate funds are available to cover 
                      the amount of the grant; and
                          ``(ii) the Secretary determines that the 
                      project is eligible under subsection (b).
            ``(2) Priority.--In selecting projects to receive credit 
        assistance under subsection (b), the Secretary shall give 
        priority to projects that--
                    ``(A) are large-capacity, common carrier 
                infrastructure;
                    ``(B) have demonstrated demand for use of the 
                infrastructure by associated projects that capture 
                carbon dioxide from anthropogenic sources or ambient 
                air;
                    ``(C) enable geographical diversity in associated 
                projects that capture carbon dioxide from anthropogenic 
                sources or ambient air, with the goal of enabling 
                projects in all major carbon dioxide-emitting regions of 
                the United States; and
                    ``(D) are sited within, or adjacent to, existing 
                pipeline or other linear infrastructure corridors, in a 
                manner that minimizes environmental disturbance and 
                other siting concerns.
            ``(3) Master credit agreements.--
                    ``(A) Priority projects.--The Secretary may enter 
                into a master credit agreement for a project that the 
                Secretary determines--
                          ``(i) will likely be eligible for credit 
                      assistance under subsection (b), on obtaining--
                                    ``(I) additional commitments from 
                                associated carbon capture projects to 
                                use the project; or
                                    ``(II) all necessary permits and 
                                approvals; and
                          ``(ii) is a project of high priority, as 
                      determined in accordance with the criteria 
                      described in paragraph (2).
                    ``(B) Adequate funding not available.--If the 
                Secretary fully obligates funding to eligible projects 
                for a fiscal year and adequate funding is not available 
                to fund a Federal credit instrument, a project sponsor 
                (including a unit of State or local government) of an 
                eligible project may elect--
                          ``(i)(I) to enter into a master credit 
                      agreement in lieu of the Federal credit 
                      instrument; and
                          ``(II) to wait to execute a Federal credit 
                      instrument until the fiscal year for which 
                      additional funds are available to receive credit 
                      assistance; or

[[Page 135 STAT. 994]]

                          ``(ii) if the lack of adequate funding is 
                      solely with respect to amounts available for the 
                      subsidy amount, to pay the subsidy amount to fund 
                      the Federal credit instrument.

    ``(d) Federal Requirements.--
            ``(1) In general.--Nothing in this subtitle supersedes the 
        applicability of any other requirement under Federal law 
        (including regulations).
            ``(2) NEPA.--Federal credit assistance may only be provided 
        under this subtitle for a project that has received an 
        environmental categorical exclusion, a finding of no significant 
        impact, or a record of decision under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    ``(e) Use of American Iron, Steel, and Manufactured Goods.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        Federal credit instrument or grant provided under the CIFIA 
        program shall be made available for a project unless all iron, 
        steel, and manufactured goods used in the project are produced 
        in the United States.
            ``(2) Exceptions.--Paragraph (1) shall not apply in any case 
        or category of cases with respect to which the Secretary 
        determines that--
                    ``(A) the application would be inconsistent with the 
                public interest;
                    ``(B) iron, steel, or a relevant manufactured good 
                is not produced in the United States in sufficient and 
                reasonably available quantity, or of a satisfactory 
                quality; or
                    ``(C) the inclusion of iron, steel, or a 
                manufactured good produced in the United States will 
                increase the cost of the overall project by more than 25 
                percent.
            ``(3) Waivers.--If the Secretary receives a request for a 
        waiver under this subsection, the Secretary shall--
                    ``(A) <<NOTE: Public information.>>  make available 
                to the public a copy of the request, together with any 
                information available to the Secretary concerning the 
                request--
                          ``(i) on an informal basis; and
                          ``(ii) by electronic means, including on the 
                      official public website of the Department;
                    ``(B) allow for informal public comment relating to 
                the request for not fewer than 15 days before making a 
                determination with respect to the request; and
                    ``(C) approve or disapprove the request by not later 
                than the date that is 120 days after the date of receipt 
                of the request.
            ``(4) Applicability.--This subsection shall be applied in 
        accordance with any applicable obligations of the United States 
        under international agreements.

    ``(f) Application Processing Procedures.--
            ``(1) <<NOTE: Deadline.>>  Notice of complete application.--
        Not later than 30 days after the date of receipt of an 
        application under this section, the Secretary shall provide to 
        the applicant a written notice describing whether--
                    ``(A) the application is complete; or
                    ``(B) additional information or materials are needed 
                to complete the application.

[[Page 135 STAT. 995]]

            ``(2) <<NOTE: Deadline.>>  Approval or denial of 
        application.--Not later than 60 days after the date of issuance 
        of a written notice under paragraph (1), the Secretary shall 
        provide to the applicant a written notice informing the 
        applicant whether the Secretary has approved or disapproved the 
        application.

    ``(g) Development-phase Activities.--Any Federal credit instrument 
provided under the CIFIA program may be used to finance up to 100 
percent of the cost of development-phase activities, as described in 
section 999A(4)(A).
``SEC. 999C. <<NOTE: 42 USC 16373.>>  SECURED LOANS.

    ``(a) Agreements.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        may enter into agreements with 1 or more obligors to make 
        secured loans, the proceeds of which--
                    ``(A) shall be used--
                          ``(i) to finance eligible project costs of any 
                      project selected under section 999B;
                          ``(ii) to refinance interim construction 
                      financing of eligible project costs of any project 
                      selected under section 999B; or
                          ``(iii) to refinance long-term project 
                      obligations or Federal credit instruments, if the 
                      refinancing provides additional funding capacity 
                      for the completion, enhancement, or expansion of 
                      any project that--
                                    ``(I) is selected under section 
                                999B; or
                                    ``(II) otherwise meets the 
                                requirements of that section; and
                    ``(B) may be used in accordance with subsection 
                (b)(7) to pay any fees collected by the Secretary under 
                subparagraph (B) of that subsection.
            ``(2) <<NOTE: Consultation.>>  Risk assessment.--Before 
        entering into an agreement under this subsection, the Secretary, 
        in consultation with the Director of the Office of Management 
        and Budget, shall determine an appropriate credit subsidy amount 
        for each secured loan, taking into account all relevant factors, 
        including the creditworthiness factors under section 999B(b)(2).

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

[[Page 135 STAT. 996]]

                yield on United States Treasury securities of a similar 
                maturity to the maturity of the secured loan on the date 
                of execution of the loan agreement.
                    ``(B) Limited buydowns.--
                          ``(i) In general.--Subject to clause (iii), 
                      the Secretary may lower the interest rate of a 
                      secured loan under this section to not lower than 
                      the interest rate described in clause (ii), if the 
                      interest rate has increased during the period--
                                    ``(I) beginning on, as applicable--
                                            ``(aa) the date on which an 
                                        application acceptable to the 
                                        Secretary is submitted for the 
                                        applicable project; or
                                            ``(bb) the date on which the 
                                        Secretary entered into a master 
                                        credit agreement for the 
                                        applicable project; and
                                    ``(II) ending on the date on which 
                                the Secretary executes the Federal 
                                credit instrument for the applicable 
                                project that is the subject of the 
                                secured loan.
                          ``(ii) Description of interest rate.--The 
                      interest rate referred to in clause (i) is the 
                      interest rate reflected in the yield on United 
                      States Treasury securities of a similar maturity 
                      to the maturity of the secured loan in effect, as 
                      applicable to the project that is the subject of 
                      the secured loan, on--
                                    ``(I) the date described in clause 
                                (i)(I)(aa); or
                                    ``(II) the date described in clause 
                                (i)(I)(bb).
                          ``(iii) Limitation.--The interest rate of a 
                      secured loan may not be lowered pursuant to clause 
                      (i) by more than 1\1/2\ percentage points (150 
                      basis points).
            ``(5) Maturity date.--The final maturity date of the secured 
        loan shall be the earlier of--
                    ``(A) the date that is 35 years after the date of 
                substantial completion of the project; and
                    ``(B) if the useful life of the capital asset being 
                financed is of a lesser period, the date that is the end 
                of the useful life of the asset.
            ``(6) Nonsubordination.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the secured loan shall not be 
                subordinated to the claims of any holder of project 
                obligations in the event of bankruptcy, insolvency, or 
                liquidation of the obligor.
                    ``(B) Preexisting indenture.--
                          ``(i) <<NOTE: Waiver authority.>>  In 
                      general.--The Secretary shall waive the 
                      requirement under subparagraph (A) for a public 
                      agency borrower that is financing ongoing capital 
                      programs and has outstanding senior bonds under a 
                      preexisting indenture, if--
                                    ``(I) the secured loan is rated in 
                                the A category or higher; and
                                    ``(II) the secured loan is secured 
                                and payable from pledged revenues not 
                                affected by project performance, such as 
                                a tax-backed revenue pledge or a system-
                                backed pledge of project revenues.
                          ``(ii) Limitation.--If the Secretary waives 
                      the nonsubordination requirement under this 
                      subparagraph--

[[Page 135 STAT. 997]]

                                    ``(I) the maximum credit subsidy 
                                amount to be paid by the Federal 
                                Government shall be not more than 10 
                                percent of the principal amount of the 
                                secured loan; and
                                    ``(II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy amount, if any.
            ``(7) Fees.--
                    ``(A) In general.--The Secretary may collect a fee 
                on or after the date of the financial close of a Federal 
                credit instrument under this section in an amount equal 
                to not more than $3,000,000 to cover all or a portion of 
                the costs to the Federal Government of providing the 
                Federal credit instrument.
                    ``(B) Amendment to add cost of fees to secured 
                loan.--If the Secretary collects a fee from an obligor 
                under subparagraph (A) to cover all or a portion of the 
                costs to the Federal Government of providing a secured 
                loan, the obligor and the Secretary may amend the terms 
                of the secured loan to add to the principal of the 
                secured loan an amount equal to the amount of the fee 
                collected by the Secretary.
            ``(8) Maximum federal involvement.--The total Federal 
        assistance provided for a project under the CIFIA program, 
        including any grant provided under section 999D, shall not 
        exceed an amount equal to 80 percent of the eligible project 
        costs.

    ``(c) Repayment.--
            ``(1) Schedule.--The Secretary shall establish a repayment 
        schedule for each secured loan under this section based on--
                    ``(A) the projected cash flow from project revenues 
                and other repayment sources; and
                    ``(B) the useful life of the project.
            ``(2) <<NOTE: Deadline.>>  Commencement.--Scheduled loan 
        repayments of principal or interest on a secured loan under this 
        section shall commence not later than 5 years after the date of 
        substantial completion of the project.
            ``(3) Deferred payments.--
                    ``(A) In general.--If, at any time after the date of 
                substantial completion of a project, the project is 
                unable to generate sufficient revenues in excess of 
                reasonable and necessary operating expenses to pay the 
                scheduled loan repayments of principal and interest on 
                the secured loan, the Secretary may, subject to 
                subparagraph (C), allow the obligor to add unpaid 
                principal and interest to the outstanding balance of the 
                secured loan.
                    ``(B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                          ``(i) continue to accrue interest in 
                      accordance with subsection (b)(4) until fully 
                      repaid; and
                          ``(ii) be scheduled to be amortized over the 
                      remaining term of the loan.
                    ``(C) Criteria.--
                          ``(i) In general.--Any payment deferral under 
                      subparagraph (A) shall be contingent on the 
                      project meeting criteria established by the 
                      Secretary.

[[Page 135 STAT. 998]]

                          ``(ii) Repayment standards.--The criteria 
                      established pursuant to clause (i) shall include 
                      standards for the reasonable prospect of 
                      repayment.
            ``(4) Prepayment.--
                    ``(A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured loan 
                and all deposit requirements under the terms of any 
                trust agreement, bond resolution, or similar agreement 
                securing project obligations may be applied annually to 
                prepay the secured loan, without penalty.
                    ``(B) Use of proceeds of refinancing.--A secured 
                loan may be prepaid at any time without penalty from the 
                proceeds of refinancing from non-Federal funding 
                sources.

    ``(d) Sale of Secured Loans.--
            ``(1) In general.--Subject to paragraph (2), as soon as 
        practicable after substantial completion of a project and after 
        notifying the obligor, the Secretary may sell to another entity 
        or reoffer into the capital markets a secured loan for the 
        project if the Secretary determines that the sale or reoffering 
        can be made on favorable terms.
            ``(2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Secretary may not change any original 
        term or condition of the secured loan without the written 
        consent of the obligor.

    ``(e) Loan Guarantees.--
            ``(1) In general.--The Secretary may provide a loan 
        guarantee to a lender in lieu of making a secured loan under 
        this section if the Secretary determines that the budgetary cost 
        of the loan guarantee is substantially the same as, or less 
        than, that of a secured loan.
            ``(2) Terms.--The terms of a loan guarantee under paragraph 
        (1) shall be consistent with the terms required under this 
        section for a secured loan, except that the rate on the 
        guaranteed loan and any prepayment features shall be negotiated 
        between the obligor and the lender, with the consent of the 
        Secretary.
``SEC. 999D. <<NOTE: 42 USC 16374.>>  FUTURE GROWTH GRANTS.

    ``(a) Establishment.--The Secretary may provide grants to pay a 
portion of the cost differential, with respect to any projected future 
increase in demand for carbon dioxide transportation by an 
infrastructure project described in subsection (b), between--
            ``(1) the cost of constructing the infrastructure asset with 
        the capacity to transport an increased flow rate of carbon 
        dioxide, as made practicable under the project; and
            ``(2) the cost of constructing the infrastructure asset with 
        the capacity to transport carbon dioxide at the flow rate 
        initially required, based on commitments for the use of the 
        asset.

    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be eligible to receive credit assistance under the 
        CIFIA program;
            ``(2) carry out, or propose to carry out, a project for 
        large-capacity, common carrier infrastructure with a probable 
        future increase in demand for carbon dioxide transportation; and

[[Page 135 STAT. 999]]

            ``(3) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the Secretary 
        determines to be appropriate.

    ``(c) Use of Funds.--A grant provided under this section may be used 
only to pay the costs of any additional flow rate capacity of a carbon 
dioxide transportation infrastructure asset that the project sponsor 
demonstrates to the satisfaction of the Secretary can reasonably be 
expected to be used during the 20-year period beginning on the date of 
substantial completion of the project described in subsection (b)(2).
    ``(d) Maximum Amount.--The amount of a grant provided under this 
section may not exceed an amount equal to 80 percent of the cost of the 
additional capacity described in subsection (a).
``SEC. 999E. <<NOTE: 42 USC 16375.>>  PROGRAM ADMINISTRATION.

    ``(a) Requirement.--The Secretary shall establish a uniform system 
to service the Federal credit instruments provided under the CIFIA 
program.
    ``(b) Fees.--If funding sufficient to cover the costs of services of 
expert firms retained pursuant to subsection (d) and all or a portion of 
the costs to the Federal Government of servicing the Federal credit 
instruments is not provided in an appropriations Act for a fiscal year, 
the Secretary, during that fiscal year, may collect fees on or after the 
date of the financial close of a Federal credit instrument provided 
under the CIFIA program at a level that is sufficient to cover those 
costs.
    ``(c) Servicer.--
            ``(1) In general.--The Secretary may appoint a financial 
        entity to assist the Secretary in servicing the Federal credit 
        instruments.
            ``(2) Duties.--A servicer appointed under paragraph (1) 
        shall act as the agent for the Secretary.
            ``(3) Fee.--A servicer appointed under paragraph (1) shall 
        receive a servicing fee, subject to approval by the Secretary.

    ``(d) Assistance From Expert Firms.--The Secretary may retain the 
services of expert firms, including counsel, in the field of municipal 
and project finance to assist in the underwriting and servicing of 
Federal credit instruments.
    ``(e) Expedited Processing.--The Secretary shall implement 
procedures and measures to economize the time and cost involved in 
obtaining approval and the issuance of credit assistance under the CIFIA 
program.
``SEC. 999F. <<NOTE: 42 USC 16376.>>  STATE AND LOCAL PERMITS.

    ``The provision of credit assistance under the CIFIA program with 
respect to a project shall not--
            ``(1) relieve any recipient of the assistance of any project 
        obligation to obtain any required State or local permit or 
        approval with respect to the project;
            ``(2) limit the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            ``(3) otherwise supersede any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the project.

[[Page 135 STAT. 1000]]

``SEC. 999G. <<NOTE: 42 USC 16377.>>  REGULATIONS.

    ``The Secretary may promulgate such regulations as the Secretary 
determines to be appropriate to carry out the CIFIA program.
``SEC. 999H. <<NOTE: 42 USC 16378.>>  AUTHORIZATION OF 
                          APPROPRIATIONS; CONTRACT AUTHORITY.

    ``(a) Authorization of Appropriations.--
            ``(1) <<NOTE: Time periods.>>  In general.--There are 
        authorized to be appropriated to the Secretary to carry out this 
        subtitle--
                    ``(A) $600,000,000 for each of fiscal years 2022 and 
                2023; and
                    ``(B) $300,000,000 for each of fiscal years 2024 
                through 2026.
            ``(2) Spending and borrowing authority.--Spending and 
        borrowing authority for a fiscal year to enter into Federal 
        credit instruments shall be promptly apportioned to the 
        Secretary on a fiscal-year basis.
            ``(3) Reestimates.--If the subsidy amount of a Federal 
        credit instrument is reestimated, the cost increase or decrease 
        of the reestimate shall be borne by, or benefit, the general 
        fund of the Treasury, consistent with section 504(f) of the 
        Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).
            ``(4) Administrative costs.--Of the amounts made available 
        to carry out the CIFIA program, the Secretary may use not more 
        than $9,000,000 (as indexed for United States dollar inflation 
        from the date of enactment of the Infrastructure Investment and 
        Jobs Act (as measured by the Consumer Price Index)) each fiscal 
        year for the administration of the CIFIA program.

    ``(b) Contract Authority.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, execution of a term sheet by the Secretary of a Federal 
        credit instrument that uses amounts made available under the 
        CIFIA program shall impose on the United States a contractual 
        obligation to fund the Federal credit investment.
            ``(2) Availability.--Amounts made available to carry out the 
        CIFIA program for a fiscal year shall be available for 
        obligation on October 1 of the fiscal year.''.

    (b) Technical Amendments.--The table of contents for the Energy 
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended--
            (1) in the item relating to section 917, by striking 
        ``Efficiency'';
            (2) by striking the items relating to subtitle J of title IX 
        (relating to ultra-deepwater and unconventional natural gas and 
        other petroleum resources) and inserting the following:

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

``Sec. 999A. Definitions.
``Sec. 999B. Determination of eligibility and project selection.
``Sec. 999C. Secured loans.
``Sec. 999D. Future growth grants.
``Sec. 999E. Program administration.
``Sec. 999F. State and local permits.
``Sec. 999G. Regulations.
``Sec. 999H. Authorization of appropriations; contract authority.''; and

            (3) by striking the item relating to section 969B and 
        inserting the following:

``Sec. 969B. High efficiency turbines.''.

[[Page 135 STAT. 1001]]

SEC. 40305. CARBON STORAGE VALIDATION AND TESTING.

    Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is 
amended--
            (1) in subsection (a)(1)(B), by striking ``over a 10-year 
        period'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``and 
                demonstration'' and inserting ``demonstration, and 
                commercialization''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (G), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (H), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                                    ``(I) evaluating the quantity, 
                                location, and timing of geologic carbon 
                                storage deployment that may be needed, 
                                and developing strategies and resources 
                                to enable the deployment.'';
            (3) by redesignating subsections (e) through (g) as 
        subsections (f) through (h), respectively;
            (4) by inserting after subsection (d) the following:

    ``(e) Large-scale Carbon Storage Commercialization Program.--
            ``(1) In general.--The Secretary shall establish a 
        commercialization program under which the Secretary shall 
        provide funding for the development of new or expanded 
        commercial large-scale carbon sequestration projects and 
        associated carbon dioxide transport infrastructure, including 
        funding for the feasibility, site characterization, permitting, 
        and construction stages of project development.
            ``(2) Applications; selection.--
                    ``(A) In general.--To be eligible to enter into an 
                agreement with the Secretary for funding under paragraph 
                (1), an entity shall submit to the Secretary an 
                application at such time, in such manner, and containing 
                such information as the Secretary determines to be 
                appropriate.
                    ``(B) Application process.--The Secretary shall 
                establish an application process that, to the maximum 
                extent practicable--
                          ``(i) is open to projects at any stage of 
                      development described in paragraph (1); and
                          ``(ii) facilitates expeditious development of 
                      projects described in that paragraph.
                    ``(C) Project selection.--In selecting projects for 
                funding under paragraph (1), the Secretary shall give 
                priority to--
                          ``(i) projects with substantial carbon dioxide 
                      storage capacity; or
                          ``(ii) projects that will store carbon dioxide 
                      from multiple carbon capture facilities.'';
            (5) in subsection (f) (as so redesignated), in paragraph 
        (1), by inserting ``with respect to the research, development, 
        demonstration program components described in subsections (b) 
        through (d)'' before ``give preference''; and
            (6) by striking subsection (h) (as so redesignated) and 
        inserting the following:

[[Page 135 STAT. 1002]]

    ``(h) <<NOTE: Time period.>>  Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary to carry out 
this section $2,500,000,000 for the period of fiscal years 2022 through 
2026.''.
SEC. 40306. <<NOTE: Time period. 42 USC 300h-9.>>  SECURE GEOLOGIC 
                            STORAGE PERMITTING.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Class vi well.--The term ``Class VI well'' means a well 
        described in section 144.6(f) of title 40, Code of Federal 
        Regulations (or successor regulations).

    (b) Authorization of Appropriations for Geologic Sequestration 
Permitting.--There is authorized to be appropriated to the Administrator 
for the permitting of Class VI wells by the Administrator for the 
injection of carbon dioxide for the purpose of geologic sequestration in 
accordance with the requirements of the Safe Drinking Water Act (42 
U.S.C. 300f et seq.) and the final rule of the Administrator entitled 
``Federal Requirements Under the Underground Injection Control (UIC) 
Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells'' (75 
Fed. Reg. 77230 (December 10, 2010)), $5,000,000 for each of fiscal 
years 2022 through 2026.
    (c) State Permitting Program Grants.--
            (1) Establishment.--The Administrator shall award grants to 
        States that, pursuant to section 1422 of the Safe Drinking Water 
        Act (42 U.S.C. 300h-1), receive the approval of the 
        Administrator for a State underground injection control program 
        for permitting Class VI wells for the injection of carbon 
        dioxide.
            (2) Use of funds.--A State that receives a grant under 
        paragraph (1) shall use the amounts received under the grant to 
        defray the expenses of the State related to the establishment 
        and operation of a State underground injection control program 
        described in paragraph (1).
            (3) Authorization of appropriations.--There is authorized to 
        be appropriated to the Administrator to carry out this 
        subsection $50,000,000 for the period of fiscal years 2022 
        through 2026.
SEC. 40307. GEOLOGIC CARBON SEQUESTRATION ON THE OUTER CONTINENTAL 
                            SHELF.

    (a) Definitions.--Section 2 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331) is amended--
            (1) in the matter preceding subsection (a), by striking 
        ``When used in this Act--'' and inserting ``In this Act:'';
            (2) in each subsection, by inserting a subsection heading, 
        the text of which is comprised of the term defined in the 
        subsection;
            (3) by striking the semicolon at the end of each subsection 
        (other than subsection (q)) and ``; and'' at the end of 
        subsection (p) and inserting a period; and
            (4) by adding at the end the following:

    ``(r) Carbon Dioxide Stream.--
            ``(1) In general.--The term `carbon dioxide stream' means 
        carbon dioxide that--
                    ``(A) has been captured; and
                    ``(B) consists overwhelmingly of--

[[Page 135 STAT. 1003]]

                          ``(i) carbon dioxide plus incidental 
                      associated substances derived from the source 
                      material or capture process; and
                          ``(ii) any substances added to the stream for 
                      the purpose of enabling or improving the injection 
                      process.
            ``(2) Exclusions.--The term `carbon dioxide stream' does not 
        include additional waste or other matter added to the carbon 
        dioxide stream for the purpose of disposal.

    ``(s) Carbon Sequestration.--The term `carbon sequestration' means 
the act of storing carbon dioxide that has been removed from the 
atmosphere or captured through physical, chemical, or biological 
processes that can prevent the carbon dioxide from reaching the 
atmosphere.''.
    (b) Leases, Easements, or Rights-of-way for Energy and Related 
Purposes.--Section 8(p)(1) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)(1)) is amended--
            (1) in subparagraph (C), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E) provide for, support, or are directly related 
                to the injection of a carbon dioxide stream into sub-
                seabed geologic formations for the purpose of long-term 
                carbon sequestration.''.

    (c) <<NOTE: 43 USC 1337 note.>>  Clarification.--A carbon dioxide 
stream injected for the purpose of carbon sequestration under 
subparagraph (E) of section 8(p)(1) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337(p)(1)) shall not be considered to be material (as 
defined in section 3 of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (33 U.S.C. 1402)) for purposes of that Act (33 U.S.C. 1401 
et seq.).

    (d) <<NOTE: Deadline. 43 USC 1331 note.>>  Regulations.--Not later 
than 1 year after the date of enactment of this Act, the Secretary of 
the Interior shall promulgate regulations to carry out the amendments 
made by this section.
SEC. 40308. CARBON REMOVAL.

    (a) In General.--Section 969D of the Energy Policy Act of 2005 (42 
U.S.C. 16298d) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following:

    ``(j) Regional Direct Air Capture Hubs.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible project.--The term `eligible project' 
                means a direct air capture project or a component 
                project of a regional direct air capture hub.
                    ``(B) Regional direct air capture hub.--The term 
                `regional direct air capture hub' means a network of 
                direct air capture projects, potential carbon dioxide 
                utilization off-takers, connective carbon dioxide 
                transport infrastructure, subsurface resources, and 
                sequestration infrastructure located within a region.
            ``(2) Establishment of program.--
                    ``(A) In general.--The Secretary shall establish a 
                program under which the Secretary shall provide funding 
                for eligible projects that contribute to the development 
                of 4

[[Page 135 STAT. 1004]]

                regional direct air capture hubs described in 
                subparagraph (B).
                    ``(B) Regional direct air capture hubs.--Each of the 
                4 regional direct air capture hubs developed under the 
                program under subparagraph (A) shall be a regional 
                direct air capture hub that--
                          ``(i) facilitates the deployment of direct air 
                      capture projects;
                          ``(ii) has the capacity to capture and 
                      sequester, utilize, or sequester and utilize at 
                      least 1,000,000 metric tons of carbon dioxide from 
                      the atmosphere annually from a single unit or 
                      multiple interconnected units;
                          ``(iii) demonstrates the capture, processing, 
                      delivery, and sequestration or end-use of captured 
                      carbon; and
                          ``(iv) could be developed into a regional or 
                      interregional carbon network to facilitate 
                      sequestration or carbon utilization.
            ``(3) Selection of projects.--
                    ``(A) Solicitation of proposals.--
                          ``(i) <<NOTE: Deadline.>>  In general.--Not 
                      later than 180 days after the date of enactment of 
                      the Infrastructure Investment and Jobs Act, the 
                      Secretary shall solicit applications for funding 
                      for eligible projects.
                          ``(ii) Additional solicitations.--The 
                      Secretary shall solicit applications for funding 
                      for eligible projects on a recurring basis after 
                      the first round of applications is received under 
                      clause (i) until all amounts appropriated to carry 
                      out this subsection are expended.
                    ``(B) <<NOTE: Deadline.>>  Selection of projects for 
                the development of regional direct air capture hubs.--
                Not later than 3 years after the date of the deadline 
                for the submission of proposals under subparagraph 
                (A)(i), the Secretary shall select eligible projects 
                described in paragraph (2)(A).
                    ``(C) Criteria.--The Secretary shall select eligible 
                projects under subparagraph (B) using the following 
                criteria:
                          ``(i) Carbon intensity of local industry.--To 
                      the maximum extent practicable, each eligible 
                      project shall be located in a region with--
                                    ``(I) existing carbon-intensive fuel 
                                production or industrial capacity; or
                                    ``(II) <<NOTE: Time period.>>  
                                carbon-intensive fuel production or 
                                industrial capacity that has retired or 
                                closed in the preceding 10 years.
                          ``(ii) Geographic diversity.--To the maximum 
                      extent practicable, eligible projects shall 
                      contribute to the development of regional direct 
                      air capture hubs located in different regions of 
                      the United States.
                          ``(iii) Carbon potential.--To the maximum 
                      extent practicable, eligible projects shall 
                      contribute to the development of regional direct 
                      air capture hubs located in regions with high 
                      potential for carbon sequestration or utilization.

[[Page 135 STAT. 1005]]

                          ``(iv) Hubs in fossil-producing regions.--To 
                      the maximum extent practicable, eligible projects 
                      shall contribute to the development of at least 2 
                      regional direct air capture hubs located in 
                      economically distressed communities in the regions 
                      of the United States with high levels of coal, 
                      oil, or natural gas resources.
                          ``(v) Scalability.--The Secretary shall give 
                      priority to eligible projects that, as compared to 
                      other eligible projects, will contribute to the 
                      development of regional direct air capture hubs 
                      with larger initial capacity, greater potential 
                      for expansion, and lower levelized cost per ton of 
                      carbon dioxide removed from the atmosphere.
                          ``(vi) Employment.--The Secretary shall give 
                      priority to eligible projects that are likely to 
                      create opportunities for skilled training and 
                      long-term employment to the greatest number of 
                      residents of the region.
                          ``(vii) Additional criteria.--The Secretary 
                      may take into consideration other criteria that, 
                      in the judgment of the Secretary, are necessary or 
                      appropriate to carry out this subsection.
                    ``(D) Coordination.--To the maximum extent 
                practicable, in carrying out the program under this 
                subsection, the Secretary shall take into account and 
                coordinate with activities of the carbon capture 
                technology program established under section 962(b)(1), 
                the carbon storage validation and testing program 
                established under section 963(b)(1), and the CIFIA 
                program established under section 999B(a) such that 
                funding from each of the programs is leveraged to 
                contribute toward the development of integrated regional 
                and interregional carbon capture, removal, transport, 
                sequestration, and utilization networks.
                    ``(E) <<NOTE: Grants. Contracts.>>  Funding of 
                eligible projects.--The Secretary may make grants to, or 
                enter into cooperative agreements or contracts with, 
                each eligible project selected under subparagraph (B) to 
                accelerate commercialization of, and demonstrate the 
                removal, processing, transport, sequestration, and 
                utilization of, carbon dioxide captured from the 
                atmosphere.
            ``(4) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out this subsection $3,500,000,000 for the 
        period of fiscal years 2022 through 2026, to remain available 
        until expended.''.

              Subtitle B--Hydrogen Research and Development

SEC. 40311. <<NOTE: 42 USC 16151 note.>>  FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) hydrogen plays a critical part in the comprehensive 
        energy portfolio of the United States;
            (2) the use of the hydrogen resources of the United States--
                    (A) promotes energy security and resilience; and

[[Page 135 STAT. 1006]]

                    (B) provides economic value and environmental 
                benefits for diverse applications across multiple 
                sectors of the economy; and
            (3) hydrogen can be produced from a variety of domestically 
        available clean energy sources, including--
                    (A) renewable energy resources, including biomass;
                    (B) fossil fuels with carbon capture, utilization, 
                and storage; and
                    (C) nuclear power.

    (b) Purpose.--The purpose of this subtitle is to accelerate 
research, development, demonstration, and deployment of hydrogen from 
clean energy sources by--
            (1) providing a statutory definition for the term ``clean 
        hydrogen'';
            (2) establishing a clean hydrogen strategy and roadmap for 
        the United States;
            (3) establishing a clearing house for clean hydrogen program 
        information at the National Energy Technology Laboratory;
            (4) developing a robust clean hydrogen supply chain and 
        workforce by prioritizing clean hydrogen demonstration projects 
        in major shale gas regions;
            (5) establishing regional clean hydrogen hubs; and
            (6) authorizing appropriations to carry out the Department 
        of Energy Hydrogen Program Plan, dated November 2020, developed 
        pursuant to title VIII of the Energy Policy Act of 2005 (42 
        U.S.C. 16151 et seq.).
SEC. 40312. DEFINITIONS.

     Section 803 of the Energy Policy Act of 2005 (42 U.S.C. 16152) is 
amended--
            (1) in paragraph (5), by striking the paragraph designation 
        and heading and all that follows through ``when'' in the matter 
        preceding subparagraph (A) and inserting the following:
            ``(5) Portable; storage.--The terms `portable' and 
        `storage', when'';
            (2) by redesignating paragraphs (1) through (7) as 
        paragraphs (2) through (8), respectively; and
            (3) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) Clean hydrogen; hydrogen.--The terms `clean hydrogen' 
        and `hydrogen' mean hydrogen produced in compliance with the 
        greenhouse gas emissions standard established under section 
        822(a), including production from any fuel source.''.
SEC. 40313. CLEAN HYDROGEN RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--Section 805 of the Energy Policy Act of 2005 (42 
U.S. 16154) is amended--
            (1) in the section heading, by striking ``programs'' and 
        inserting ``clean hydrogen research and development program'';
            (2) in subsection (a)--
                    (A) by striking ``research and development program'' 
                and inserting ``crosscutting research and development 
                program (referred to in this section as the 
                `program')''; and
                    (B) by inserting ``processing,'' after 
                ``production,'';

[[Page 135 STAT. 1007]]

            (3) by striking subsection (b) and inserting the following:

    ``(b) Goals.--The goals of the program shall be--
            ``(1) to advance research and development to demonstrate and 
        commercialize the use of clean hydrogen in the transportation, 
        utility, industrial, commercial, and residential sectors; and
            ``(2) to demonstrate a standard of clean hydrogen production 
        in the transportation, utility, industrial, commercial, and 
        residential sectors by 2040.'';
            (4) in subsection (c)(3), by striking ``renewable fuels and 
        biofuels'' and inserting ``fossil fuels with carbon capture, 
        utilization, and sequestration, renewable fuels, biofuels, and 
        nuclear energy'';
            (5) by striking subsection (e) and inserting the following:

    ``(e) Activities.--In carrying out the program, the Secretary, in 
partnership with the private sector, shall conduct activities to advance 
and support--
            ``(1) the establishment of a series of technology cost goals 
        oriented toward achieving the standard of clean hydrogen 
        production developed under section 822(a);
            ``(2) the production of clean hydrogen from diverse energy 
        sources, including--
                    ``(A) fossil fuels with carbon capture, utilization, 
                and sequestration;
                    ``(B) hydrogen-carrier fuels (including ethanol and 
                methanol);
                    ``(C) renewable energy resources, including biomass;
                    ``(D) nuclear energy; and
                    ``(E) any other methods the Secretary determines to 
                be appropriate;
            ``(3) the use of clean hydrogen for commercial, industrial, 
        and residential electric power generation;
            ``(4) the use of clean hydrogen in industrial applications, 
        including steelmaking, cement, chemical feedstocks, and process 
        heat;
            ``(5) the use of clean hydrogen for use as a fuel source for 
        both residential and commercial comfort heating and hot water 
        requirements;
            ``(6) the safe and efficient delivery of hydrogen or 
        hydrogen-carrier fuels, including--
                    ``(A) transmission by pipelines, including 
                retrofitting the existing natural gas transportation 
                infrastructure system to enable a transition to 
                transport and deliver increasing levels of clean 
                hydrogen, clean hydrogen blends, or clean hydrogen 
                carriers;
                    ``(B) tanks and other distribution methods; and
                    ``(C) convenient and economic refueling of vehicles, 
                locomotives, maritime vessels, or planes--
                          ``(i) at central refueling stations; or
                          ``(ii) through distributed onsite generation;
            ``(7) advanced vehicle, locomotive, maritime vessel, or 
        plane technologies, including--
                    ``(A) engine and emission control systems;
                    ``(B) energy storage, electric propulsion, and 
                hybrid systems;
                    ``(C) automotive, locomotive, maritime vessel, or 
                plane materials; and

[[Page 135 STAT. 1008]]

                    ``(D) other advanced vehicle, locomotive, maritime 
                vessel, or plane technologies;
            ``(8) storage of hydrogen or hydrogen-carrier fuels, 
        including the development of materials for safe and economic 
        storage in gaseous, liquid, or solid form;
            ``(9) the development of safe, durable, affordable, and 
        efficient fuel cells, including fuel-flexible fuel cell power 
        systems, improved manufacturing processes, high-temperature 
        membranes, cost-effective fuel processing for natural gas, fuel 
        cell stack and system reliability, low-temperature operation, 
        and cold start capability;
            ``(10) the ability of domestic clean hydrogen equipment 
        manufacturers to manufacture commercially available competitive 
        technologies in the United States;
            ``(11) the use of clean hydrogen in the transportation 
        sector, including in light-, medium-, and heavy-duty vehicles, 
        rail transport, aviation, and maritime applications; and
            ``(12) <<NOTE: Coordination.>>  in coordination with 
        relevant agencies, the development of appropriate, uniform codes 
        and standards for the safe and consistent deployment and 
        commercialization of clean hydrogen production, processing, 
        delivery, and end-use technologies.''; and
            (6) by adding at the end the following:

    ``(j) <<NOTE: Deadline. Time periods.>>  Targets.--Not later than 
180 days after the date of enactment of the Infrastructure Investment 
and Jobs Act, the Secretary shall establish targets for the program to 
address near-term (up to 2 years), mid-term (up to 7 years), and long-
term (up to 15 years) challenges to the advancement of clean hydrogen 
systems and technologies.''.

    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by 
striking the item relating to section 805 and inserting the following:

``Sec. 805. Clean hydrogen research and development program.''.

SEC. 40314. ADDITIONAL CLEAN HYDROGEN PROGRAMS.

    Title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et 
seq.) is amended--
            (1) by redesignating sections 813 through 816 <<NOTE: 42 
        USC 16162-16165.>>  as sections 818 through 821, respectively; 
        and
            (2) by inserting after section 812 the following:
``SEC. 813. <<NOTE: 42 USC 16161a.>>  REGIONAL CLEAN HYDROGEN 
                        HUBS.

    ``(a) Definition of Regional Clean Hydrogen Hub.--In this section, 
the term `regional clean hydrogen hub' means a network of clean hydrogen 
producers, potential clean hydrogen consumers, and connective 
infrastructure located in close proximity.
    ``(b) Establishment of Program.--The Secretary shall establish a 
program to support the development of at least 4 regional clean hydrogen 
hubs that--
            ``(1) demonstrably aid the achievement of the clean hydrogen 
        production standard developed under section 822(a);
            ``(2) demonstrate the production, processing, delivery, 
        storage, and end-use of clean hydrogen; and
            ``(3) can be developed into a national clean hydrogen 
        network to facilitate a clean hydrogen economy.

    ``(c) Selection of Regional Clean Hydrogen Hubs.--

[[Page 135 STAT. 1009]]

            ``(1) <<NOTE: Deadline.>>  Solicitation of proposals.--Not 
        later than 180 days after the date of enactment of the 
        Infrastructure Investment and Jobs Act, the Secretary shall 
        solicit proposals for regional clean hydrogen hubs.
            ``(2) <<NOTE: Deadline.>>  Selection of hubs.--Not later 
        than 1 year after the deadline for the submission of proposals 
        under paragraph (1), the Secretary shall select at least 4 
        regional clean hydrogen hubs to be developed under subsection 
        (b).
            ``(3) Criteria.--The Secretary shall select regional clean 
        hydrogen hubs under paragraph (2) using the following criteria:
                    ``(A) Feedstock diversity.--To the maximum extent 
                practicable--
                          ``(i) at least 1 regional clean hydrogen hub 
                      shall demonstrate the production of clean hydrogen 
                      from fossil fuels;
                          ``(ii) at least 1 regional clean hydrogen hub 
                      shall demonstrate the production of clean hydrogen 
                      from renewable energy; and
                          ``(iii) at least 1 regional clean hydrogen hub 
                      shall demonstrate the production of clean hydrogen 
                      from nuclear energy.
                    ``(B) End-use diversity.--To the maximum extent 
                practicable--
                          ``(i) at least 1 regional clean hydrogen hub 
                      shall demonstrate the end-use of clean hydrogen in 
                      the electric power generation sector;
                          ``(ii) at least 1 regional clean hydrogen hub 
                      shall demonstrate the end-use of clean hydrogen in 
                      the industrial sector;
                          ``(iii) at least 1 regional clean hydrogen hub 
                      shall demonstrate the end-use of clean hydrogen in 
                      the residential and commercial heating sector; and
                          ``(iv) at least 1 regional clean hydrogen hub 
                      shall demonstrate the end-use of clean hydrogen in 
                      the transportation sector.
                    ``(C) Geographic diversity.--To the maximum extent 
                practicable, each regional clean hydrogen hub--
                          ``(i) shall be located in a different region 
                      of the United States; and
                          ``(ii) shall use energy resources that are 
                      abundant in that region.
                    ``(D) Hubs in natural gas-producing regions.--To the 
                maximum extent practicable, at least 2 regional clean 
                hydrogen hubs shall be located in the regions of the 
                United States with the greatest natural gas resources.
                    ``(E) Employment.--The Secretary shall give priority 
                to regional clean hydrogen hubs that are likely to 
                create opportunities for skilled training and long-term 
                employment to the greatest number of residents of the 
                region.
                    ``(F) Additional criteria.--The Secretary may take 
                into consideration other criteria that, in the judgment 
                of the Secretary, are necessary or appropriate to carry 
                out this title
            ``(4) <<NOTE: Grants.>>  Funding of regional clean hydrogen 
        hubs.--The Secretary may make grants to each regional clean 
        hydrogen

[[Page 135 STAT. 1010]]

        hub selected under paragraph (2) to accelerate commercialization 
        of, and demonstrate the production, processing, delivery, 
        storage, and end-use of, clean hydrogen.

    ``(d) <<NOTE: Time period.>>  Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary to carry out 
this section $8,000,000,000 for the period of fiscal years 2022 through 
2026.
``SEC. 814. <<NOTE: 42 USC 16161b.>>  NATIONAL CLEAN HYDROGEN 
                        STRATEGY AND ROADMAP.

    ``(a) Development.--
            ``(1) <<NOTE: Consultation.>>  In general.--In carrying out 
        the programs established under sections 805 and 813, the 
        Secretary, in consultation with the heads of relevant offices of 
        the Department, shall develop a technologically and economically 
        feasible national strategy and roadmap to facilitate widescale 
        production, processing, delivery, storage, and use of clean 
        hydrogen.
            ``(2) Inclusions.--The national clean hydrogen strategy and 
        roadmap developed under paragraph (1) shall focus on--
                    ``(A) establishing a standard of hydrogen production 
                that achieves the standard developed under section 
                822(a), including interim goals towards meeting that 
                standard;
                    ``(B)(i) clean hydrogen production and use from 
                natural gas, coal, renewable energy sources, nuclear 
                energy, and biomass; and
                    ``(ii) identifying potential barriers, pathways, and 
                opportunities, including Federal policy needs, to 
                transition to a clean hydrogen economy;
                    ``(C) identifying--
                          ``(i) economic opportunities for the 
                      production, processing, transport, storage, and 
                      use of clean hydrogen that exist in the major 
                      shale natural gas-producing regions of the United 
                      States;
                          ``(ii) economic opportunities for the 
                      production, processing, transport, storage, and 
                      use of clean hydrogen that exist for merchant 
                      nuclear power plants operating in deregulated 
                      markets; and
                          ``(iii) environmental risks associated with 
                      potential deployment of clean hydrogen 
                      technologies in those regions, and ways to 
                      mitigate those risks;
                    ``(D) approaches, including substrategies, that 
                reflect geographic diversity across the country, to 
                advance clean hydrogen based on resources, industry 
                sectors, environmental benefits, and economic impacts in 
                regional economies;
                    ``(E) identifying opportunities to use, and barriers 
                to using, existing infrastructure, including all 
                components of the natural gas infrastructure system, the 
                carbon dioxide pipeline infrastructure system, end-use 
                local distribution networks, end-use power generators, 
                LNG terminals, industrial users of natural gas, and 
                residential and commercial consumers of natural gas, for 
                clean hydrogen deployment;
                    ``(F) identifying the needs for and barriers and 
                pathways to developing clean hydrogen hubs (including, 
                where appropriate, clean hydrogen hubs coupled with 
                carbon capture, utilization, and storage hubs) that--
                          ``(i) are regionally dispersed across the 
                      United States and can leverage natural gas to the 
                      maximum extent practicable;

[[Page 135 STAT. 1011]]

                          ``(ii) can demonstrate the efficient 
                      production, processing, delivery, and use of clean 
                      hydrogen;
                          ``(iii) include transportation corridors and 
                      modes of transportation, including transportation 
                      of clean hydrogen by pipeline and rail and through 
                      ports; and
                          ``(iv) where appropriate, could serve as joint 
                      clean hydrogen and carbon capture, utilization, 
                      and storage hubs;
                    ``(G) prioritizing activities that improve the 
                ability of the Department to develop tools to model, 
                analyze, and optimize single-input, multiple-output 
                integrated hybrid energy systems and multiple-input, 
                multiple-output integrated hybrid energy systems that 
                maximize efficiency in providing hydrogen, high-value 
                heat, electricity, and chemical synthesis services;
                    ``(H) identifying the appropriate points of 
                interaction between and among Federal agencies involved 
                in the production, processing, delivery, storage, and 
                use of clean hydrogen and clarifying the 
                responsibilities of those Federal agencies, and 
                potential regulatory obstacles and recommendations for 
                modifications, in order to support the deployment of 
                clean hydrogen; and
                    ``(I) identifying geographic zones or regions in 
                which clean hydrogen technologies could efficiently and 
                economically be introduced in order to transition 
                existing infrastructure to rely on clean hydrogen, in 
                support of decarbonizing all relevant sectors of the 
                economy.

    ``(b) Reports to Congress.--
            ``(1) In general.--Not later than 180 days after the date of 
        enactment of the Infrastructure Investment and Jobs Act, the 
        Secretary shall submit to Congress the clean hydrogen strategy 
        and roadmap developed under subsection (a).
            ``(2) <<NOTE: Time period.>>  Updates.--The Secretary shall 
        submit to Congress updates to the clean hydrogen strategy and 
        roadmap under paragraph (1) not less frequently than once every 
        3 years after the date on which the Secretary initially submits 
        the report and roadmap.
``SEC. 815. <<NOTE: 42 USC 16161c.>>  CLEAN HYDROGEN MANUFACTURING 
                        AND RECYCLING.

    ``(a) Clean Hydrogen Manufacturing Initiative.--
            ``(1) <<NOTE: Grants. Contracts.>>  In general.--In carrying 
        out the programs established under sections 805 and 813, the 
        Secretary shall award multiyear grants to, and enter into 
        contracts, cooperative agreements, or any other agreements 
        authorized under this Act or other Federal law with, eligible 
        entities (as determined by the Secretary) for research, 
        development, and demonstration projects to advance new clean 
        hydrogen production, processing, delivery, storage, and use 
        equipment manufacturing technologies and techniques.
            ``(2) Priority.--In awarding grants or entering into 
        contracts, cooperative agreements, or other agreements under 
        paragraph (1), the Secretary, to the maximum extent practicable, 
        shall give priority to clean hydrogen equipment manufacturing 
        projects that--
                    ``(A) increase efficiency and cost-effectiveness 
                in--
                          ``(i) the manufacturing process; and

[[Page 135 STAT. 1012]]

                          ``(ii) the use of resources, including 
                      existing energy infrastructure;
                    ``(B) support domestic supply chains for materials 
                and components;
                    ``(C) identify and incorporate nonhazardous 
                alternative materials for components and devices;
                    ``(D) operate in partnership with tribal energy 
                development organizations, Indian Tribes, Tribal 
                organizations, Native Hawaiian community-based 
                organizations, or territories or freely associated 
                States; or
                    ``(E) are located in economically distressed areas 
                of the major natural gas-producing regions of the United 
                States.
            ``(3) <<NOTE: Deadline. Time period. Public 
        information. Review.>>  Evaluation.--Not later than 3 years 
        after the date of enactment of the Infrastructure Investment and 
        Jobs Act, and not less frequently than once every 4 years 
        thereafter, the Secretary shall conduct, and make available to 
        the public and the relevant committees of Congress, an 
        independent review of the progress of the projects carried out 
        through grants awarded, or contracts, cooperative agreements, or 
        other agreements entered into, under paragraph (1).

    ``(b) Clean Hydrogen Technology Recycling Research, Development, and 
Demonstration Program.--
            ``(1) <<NOTE: Grants. Contracts.>>  In general.--In carrying 
        out the programs established under sections 805 and 813, the 
        Secretary shall award multiyear grants to, and enter into 
        contracts, cooperative agreements, or any other agreements 
        authorized under this Act or other Federal law with, eligible 
        entities for research, development, and demonstration projects 
        to create innovative and practical approaches to increase the 
        reuse and recycling of clean hydrogen technologies, including 
        by--
                    ``(A) increasing the efficiency and cost-
                effectiveness of the recovery of raw materials from 
                clean hydrogen technology components and systems, 
                including enabling technologies such as electrolyzers 
                and fuel cells;
                    ``(B) minimizing environmental impacts from the 
                recovery and disposal processes;
                    ``(C) addressing any barriers to the research, 
                development, demonstration, and commercialization of 
                technologies and processes for the disassembly and 
                recycling of devices used for clean hydrogen production, 
                processing, delivery, storage, and use;
                    ``(D) developing alternative materials, designs, 
                manufacturing processes, and other aspects of clean 
                hydrogen technologies;
                    ``(E) developing alternative disassembly and 
                resource recovery processes that enable efficient, cost-
                effective, and environmentally responsible disassembly 
                of, and resource recovery from, clean hydrogen 
                technologies; and
                    ``(F) developing strategies to increase consumer 
                acceptance of, and participation in, the recycling of 
                fuel cells.
            ``(2) <<NOTE: Public information.>>  Dissemination of 
        results.--The Secretary shall make available to the public and 
        the relevant committees of Congress the results of the projects 
        carried out through grants awarded, or contracts, cooperative 
        agreements, or other agreements entered into, under paragraph 
        (1), including any educational and outreach materials developed 
        by the projects.

[[Page 135 STAT. 1013]]

    ``(c) <<NOTE: Time period.>>  Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary to carry out 
this section $500,000,000 for the period of fiscal years 2022 through 
2026.
``SEC. 816. <<NOTE: 42 USC 16161d.>>  CLEAN HYDROGEN ELECTROLYSIS 
                        PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Electrolysis.--The term `electrolysis' means a process 
        that uses electricity to split water into hydrogen and oxygen.
            ``(2) Electrolyzer.--The term `electrolyzer' means a system 
        that produces hydrogen using electrolysis.
            ``(3) Program.--The term `program' means the program 
        established under subsection (b).

    ``(b) <<NOTE: Deadline.>>  Establishment.--Not later than 90 days 
after the date of enactment of the Infrastructure Investment and Jobs 
Act, the Secretary shall establish a research, development, 
demonstration, commercialization, and deployment program for purposes of 
commercialization to improve the efficiency, increase the durability, 
and reduce the cost of producing clean hydrogen using electrolyzers.

    ``(c) Goals.--The goals of the program are--
            ``(1) to reduce the cost of hydrogen produced using 
        electrolyzers to less than $2 per kilogram of hydrogen by 2026; 
        and
            ``(2) any other goals the Secretary determines are 
        appropriate.

    ``(d) Demonstration Projects.--In carrying out the program, the 
Secretary shall fund demonstration projects--
            ``(1) to demonstrate technologies that produce clean 
        hydrogen using electrolyzers; and
            ``(2) to validate information on the cost, efficiency, 
        durability, and feasibility of commercial deployment of the 
        technologies described in paragraph (1).

    ``(e) Focus.--The program shall focus on research relating to, and 
the development, demonstration, and deployment of--
            ``(1) low-temperature electrolyzers, including liquid-
        alkaline electrolyzers, membrane-based electrolyzers, and other 
        advanced electrolyzers, capable of converting intermittent 
        sources of electric power to clean hydrogen with enhanced 
        efficiency and durability;
            ``(2) high-temperature electrolyzers that combine 
        electricity and heat to improve the efficiency of clean hydrogen 
        production;
            ``(3) advanced reversible fuel cells that combine the 
        functionality of an electrolyzer and a fuel cell;
            ``(4) new highly active, selective, and durable electrolyzer 
        catalysts and electro-catalysts that--
                    ``(A) greatly reduce or eliminate the need for 
                platinum group metals; and
                    ``(B) enable electrolysis of complex mixtures with 
                impurities, including seawater;
            ``(5) modular electrolyzers for distributed energy systems 
        and the bulk-power system (as defined in section 215(a) of the 
        Federal Power Act (16 U.S.C. 824o(a)));
            ``(6) low-cost membranes or electrolytes and separation 
        materials that are durable in the presence of impurities or 
        seawater;
            ``(7) improved component design and material integration, 
        including with respect to electrodes, porous transport layers 
        and bipolar plates, and balance-of-system components, to allow

[[Page 135 STAT. 1014]]

        for scale-up and domestic manufacturing of electrolyzers at a 
        high volume;
            ``(8) clean hydrogen storage technologies;
            ``(9) technologies that integrate hydrogen production with--
                    ``(A) clean hydrogen compression and drying 
                technologies;
                    ``(B) clean hydrogen storage; and
                    ``(C) transportation or stationary systems; and
            ``(10) integrated systems that combine hydrogen production 
        with renewable power or nuclear power generation technologies, 
        including hybrid systems with hydrogen storage.

    ``(f) <<NOTE: Determinations.>>  Grants, Contracts, Cooperative 
Agreements.--
            ``(1) Grants.--In carrying out the program, the Secretary 
        shall award grants, on a competitive basis, to eligible entities 
        for projects that the Secretary determines would provide the 
        greatest progress toward achieving the goal of the program 
        described in subsection (c).
            ``(2) Contracts and cooperative agreements.--In carrying out 
        the program, the Secretary may enter into contracts and 
        cooperative agreements with eligible entities and Federal 
        agencies for projects that the Secretary determines would 
        further the purpose of the program described in subsection (b).
            ``(3) Eligibility; applications.--
                    ``(A) In general.--The eligibility of an entity to 
                receive a grant under paragraph (1), to enter into a 
                contract or cooperative agreement under paragraph (2), 
                or to receive funding for a demonstration project under 
                subsection (d) shall be determined by the Secretary.
                    ``(B) Applications.--An eligible entity desiring to 
                receive a grant under paragraph (1), to enter into a 
                contract or cooperative agreement under paragraph (2), 
                or to receive funding for a demonstration project under 
                subsection (d) shall submit to the Secretary an 
                application at such time, in such manner, and containing 
                such information as the Secretary may require.

    ``(g) <<NOTE: Time period.>>  Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary to carry out the 
program $1,000,000,000 for the period of fiscal years 2022 through 2026, 
to remain available until expended.
``SEC. 817. <<NOTE: 42 USC 16161e.>>  LABORATORY MANAGEMENT.

    ``(a) In General.--The National Energy Technology Laboratory, the 
Idaho National Laboratory, and the National Renewable Energy Laboratory 
shall continue to work in a crosscutting manner to carry out the 
programs established under sections 813 and 815.
    ``(b) Coordination; Clearinghouse.--In carrying out subsection (a), 
the National Energy Technology Laboratory shall--
            ``(1) <<NOTE: Coordination.>>  coordinate with--
                    ``(A) the Idaho National Laboratory, the National 
                Renewable Energy Laboratory, and other National 
                Laboratories in a cross-cutting manner;
                    ``(B) institutions of higher education;
                    ``(C) research institutes;
                    ``(D) industrial researchers; and
                    ``(E) international researchers; and
            ``(2) act as a clearinghouse to collect information from, 
        and distribute information to, the National Laboratories and

[[Page 135 STAT. 1015]]

        other entities described in subparagraphs (B) through (E) of 
        paragraph (1).''.
SEC. 40315. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.

    (a) In General.--The Energy Policy Act of 2005 (42 U.S.C. 16151 et 
seq.) (as amended by section 40314(1)) is amended by adding at the end 
the following:
``SEC. 822. <<NOTE: 42 USC 16166.>>  CLEAN HYDROGEN PRODUCTION 
                        QUALIFICATIONS.

    
``(a) <<NOTE: Deadline. Consultation. Determination. Applicability.>>  
In General.--Not later than 180 days after the date of enactment of the 
Infrastructure Investment and Jobs Act, the Secretary, in consultation 
with the Administrator of the Environmental Protection Agency and after 
taking into account input from industry and other stakeholders, as 
determined by the Secretary, shall develop an initial standard for the 
carbon intensity of clean hydrogen production that shall apply to 
activities carried out under this title.

    ``(b) Requirements.--
            ``(1) In general.--The standard developed under subsection 
        (a) shall--
                    ``(A) support clean hydrogen production from each 
                source described in section 805(e)(2);
                    ``(B) <<NOTE: Definition.>>  define the term `clean 
                hydrogen' to mean hydrogen produced with a carbon 
                intensity equal to or less than 2 kilograms of carbon 
                dioxide-equivalent produced at the site of production 
                per kilogram of hydrogen produced; and
                    ``(C) take into consideration technological and 
                economic feasibility.
            ``(2) <<NOTE: Deadline. Consultation. Determination.>>  
        Adjustment.--Not later than the date that is 5 years after the 
        date on which the Secretary develops the standard under 
        subsection (a), the Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency and after 
        taking into account input from industry and other stakeholders, 
        as determined by the Secretary, shall--
                    ``(A) determine whether the definition of clean 
                hydrogen required under paragraph (1)(B) should be 
                adjusted below the standard described in that paragraph; 
                and
                    ``(B) if the Secretary determines the adjustment 
                described in subparagraph (A) is appropriate, carry out 
                the adjustment.

    ``(c) Application.--The standard developed under subsection (a) 
shall apply to clean hydrogen production from renewable, fossil fuel 
with carbon capture, utilization, and sequestration technologies, 
nuclear, and other fuel sources using any applicable production 
technology.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by 
striking the items relating to sections 813 through 816 and inserting 
the following:

``Sec. 813. Regional clean hydrogen hubs.
``Sec. 814. National clean hydrogen strategy and roadmap.
``Sec. 815. Clean hydrogen manufacturing and recycling.
``Sec. 816. Clean hydrogen electrolysis program.
``Sec. 817. Laboratory management.
``Sec. 818. Technology transfer
``Sec. 819. Miscellaneous provisions.
``Sec. 820. Cost sharing.
``Sec. 821. Savings clause.
``Sec. 822. Clean hydrogen production qualifications.''.

[[Page 135 STAT. 1016]]

                Subtitle C--Nuclear Energy Infrastructure

SEC. 40321. <<NOTE: 42 USC 18751.>>  INFRASTRUCTURE PLANNING FOR 
                            MICRO AND SMALL MODULAR NUCLEAR 
                            REACTORS.

    (a) Definitions.--In this section:
            (1) Advanced nuclear reactor.-- The term ``advanced nuclear 
        reactor'' has the meaning given the term in section 951(b) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
            (2) Isolated community.--The term ``isolated community'' has 
        the meaning given the term in section 8011(a) of the Energy Act 
        of 2020 (42 U.S.C. 17392(a)).
            (3) Micro-reactor.--The term ``micro-reactor'' means an 
        advanced nuclear reactor that has an electric power production 
        capacity that is not greater than 50 megawatts.
            (4) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy Policy 
        Act of 2005 (42 U.S.C. 15801).
            (5) Small modular reactor.--The term ``small modular 
        reactor'' means an advanced nuclear reactor--
                    (A) with a rated capacity of less than 300 
                electrical megawatts; and
                    (B) that can be constructed and operated in 
                combination with similar reactors at a single site.

    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committees on Energy and 
Commerce and Science, Space, and Technology of the House of 
Representatives a report that describes how the Department could enhance 
energy resilience and reduce carbon emissions with the use of micro-
reactors and small modular reactors.
    (c) Elements.--The report required by subsection (b) shall address 
the following:
            (1) <<NOTE: Evaluation. Determination.>>  An evaluation by 
        the Department of current resilience and carbon reduction 
        requirements for energy for facilities of the Department to 
        determine whether changes are needed to address--
                    (A) <<NOTE: Time period.>>  the need to provide 
                uninterrupted power to facilities of the Department for 
                at least 3 days during power grid failures;
                    (B) the need for protection against cyber threats 
                and electromagnetic pulses; and
                    (C) resilience to extreme natural events, including 
                earthquakes, volcanic activity, tornados, hurricanes, 
                floods, tsunamis, lahars, landslides, seiches, a large 
                quantity of snowfall, and very low or high temperatures.
            (2) <<NOTE: Strategy.>>  A strategy of the Department for 
        using nuclear energy to meet resilience and carbon reduction 
        goals of facilities of the Department.
            (3) <<NOTE: Strategy.>>  A strategy to partner with private 
        industry to develop and deploy micro-reactors and small modular 
        reactors to remote communities in order to replace diesel 
        generation and other fossil fuels.
            (4) <<NOTE: Assessment.>>  An assessment by the Department 
        of the value associated with enhancing the resilience of a 
        facility of the Department by transitioning to power from micro-
        reactors and small

[[Page 135 STAT. 1017]]

        modular reactors and to co-located nuclear facilities with the 
        capability to provide dedicated power to the facility of the 
        Department during a grid outage or failure.
            (5) <<NOTE: Plans.>>  The plans of the Department--
                    (A) for deploying a micro-reactor and a small 
                modular reactor to produce energy for use by a facility 
                of the Department in the United States by 2026;
                    (B) for deploying a small modular reactor to produce 
                energy for use by a facility of the Department in the 
                United States by 2029; and
                    (C) to include micro-reactors and small modular 
                reactors in the planning for meeting future facility 
                energy needs.

    (d) Financial and Technical Assistance for Siting Micro-reactors, 
Small Modular Reactors, and Advanced Nuclear Reactors.--
            (1) In general.--The Secretary shall offer financial and 
        technical assistance to entities to conduct feasibility studies 
        for the purpose of identifying suitable locations for the 
        deployment of micro-reactors, small modular reactors, and 
        advanced nuclear reactors in isolated communities.
            (2) Requirement.--Prior to providing financial and technical 
        assistance under paragraph (1), the Secretary shall conduct 
        robust community engagement and outreach for the purpose of 
        identifying levels of interest in isolated communities.
            (3) Limitation.--The Secretary shall not disburse more than 
        50 percent of the amounts available for financial assistance 
        under this subsection to the National Laboratories.
SEC. 40322. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS AND 
                            PROTECTION OF INFORMATION RELATING TO 
                            CERTAIN AGREEMENTS.

    (a) <<NOTE: 42 USC 18752.>>  Property Interests Relating to 
Federally Funded Advanced Nuclear Reactor Projects.--
            (1) Definitions.--In this section:
                    (A) Advanced nuclear reactor.--The term ``advanced 
                nuclear reactor'' has the meaning given the term in 
                section 951(b) of the Energy Policy Act of 2005 (42 
                U.S.C. 16271(b)).
                    (B) Property interest.--
                          (i) In general.--Except as provided in clause 
                      (ii), the term ``property interest'' means any 
                      interest in real property or personal property (as 
                      those terms are defined in section 200.1 of title 
                      2, Code of Federal Regulations (as in effect on 
                      the date of enactment of this Act)).
                          (ii) Exclusion.--The term ``property 
                      interest'' does not include any interest in 
                      intellectual property developed using funding 
                      provided under a project described in paragraph 
                      (3).
            (2) Assignment of property interests.--The Secretary may 
        assign to any entity, including the United States, fee title or 
        any other property interest acquired by the Secretary under an 
        agreement entered into with respect to a project described in 
        paragraph (3).
            (3) Project described.--A project referred to in paragraph 
        (2) is--

[[Page 135 STAT. 1018]]

                    (A) a project for which funding is provided pursuant 
                to the funding opportunity announcement of the 
                Department numbered DE-FOA-0002271, including any 
                project for which funding has been provided pursuant to 
                that announcement as of the date of enactment of this 
                Act;
                    (B) any other project for which funding is provided 
                using amounts made available for the Advanced Reactor 
                Demonstration Program of the Department under the 
                heading ``Nuclear Energy'' under the heading ``ENERGY 
                PROGRAMS'' in title III of division C of the Further 
                Consolidated Appropriations Act, 2020 (Public Law 116-
                94; 133 Stat. 2670);
                    (C) any other project for which Federal funding is 
                provided under the Advanced Reactor Demonstration 
                Program of the Department; or
                    (D) a project--
                          (i) relating to advanced nuclear reactors; and
                          (ii) for which Federal funding is provided 
                      under a program focused on development and 
                      demonstration.
            (4) Retroactive vesting.--The vesting of fee title or any 
        other property interest assigned under paragraph (2) shall be 
        retroactive to the date on which the applicable project first 
        received Federal funding as described in any of subparagraphs 
        (A) through (D) of paragraph (3).

    (b) <<NOTE: Contracts.>>  Considerations in Cooperative Research and 
Development Agreements.--
            (1) In general.--Section 12(c)(7)(B) of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)) is 
        amended--
                    (A) by inserting ``(i)'' after ``(B)'';
                    (B) in clause (i), as so designated, by striking 
                ``The director'' and inserting ``Subject to clause (ii), 
                the director''; and
                    (C) by adding at the end the following:
                                    ``(II) <<NOTE: Time 
                                period. Determination.>>  The agency may 
                                authorize the director to provide 
                                appropriate protections against 
                                dissemination described in clause (i) 
                                for a total period of not more than 30 
                                years if the agency determines that the 
                                nature of the information protected 
                                against dissemination, including nuclear 
                                technology, could reasonably require an 
                                extended period of that protection to 
                                reach commercialization.''.
            (2) <<NOTE: 15 USC 3710a note.>>  Applicability.--
                    (A) Definition.--In this subsection, the term 
                ``cooperative research and development agreement'' has 
                the meaning given the term in section 12(d) of the 
                Stevenson-Wydler Technology Innovation Act of 1980 (15 
                U.S.C. 3710a(d)).
                    (B) Retroactive effect.--Clause (ii) of section 
                12(c)(7)(B) of the Stevenson-Wydler Technology 
                Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)), as 
                added by subsection (a) of this section, shall apply 
                with respect to any cooperative research and development 
                agreement that is in effect as of the day before the 
                date of enactment of this Act.

[[Page 135 STAT. 1019]]

    (c) Department of Energy Contracts.--Section 646(g)(5) of the 
Department of Energy Organization Act (42 U.S.C. 7256(g)(5)) is 
amended--
            (1) by striking ``(5) The Secretary'' and inserting the 
        following:
            ``(5) Protection from disclosure.--
                    ``(A) In general.--The Secretary''; and
            (2) <<NOTE: Time periods.>>  in subparagraph (A) (as so 
        designated)--
                    (A) by striking ``, for up to 5 years after the date 
                on which the information is developed,''; and
                    (B) by striking ``agency.'' and inserting the 
                following: ``agency--
                          ``(i) for up to 5 years after the date on 
                      which the information is developed; or
                          ``(ii) <<NOTE: Determination.>>  for up to 30 
                      years after the date on which the information is 
                      developed, if the Secretary determines that the 
                      nature of the technology under the transaction, 
                      including nuclear technology, could reasonably 
                      require an extended period of protection from 
                      disclosure to reach commercialization.
                    ``(B) Extension during term.--The Secretary may 
                extend the period of protection from disclosure during 
                the term of any transaction described in subparagraph 
                (A) in accordance with that subparagraph.''.
SEC. 40323. <<NOTE: 42 USC 18753.>>  CIVIL NUCLEAR CREDIT PROGRAM.

    (a) Definitions.--In this section:
            (1) Certified nuclear reactor.--The term ``certified nuclear 
        reactor'' means a nuclear reactor that--
                    (A) competes in a competitive electricity market; 
                and
                    (B) is certified under subsection (c)(2)(A)(i) to 
                submit a sealed bid in accordance with subsection (d).
            (2) Credit.--The term ``credit'' means a credit allocated to 
        a certified nuclear reactor under subsection (e)(2).

    (b) Establishment of Program.--The Secretary shall establish a civil 
nuclear credit program--
            (1) <<NOTE: Evaluation.>>  to evaluate nuclear reactors that 
        are projected to cease operations due to economic factors; and
            (2) <<NOTE: Allocation.>>  to allocate credits to certified 
        nuclear reactors that are selected under paragraph (1)(B) of 
        subsection (e) to receive credits under paragraph (2) of that 
        subsection.

    (c) Certification.--
            (1) Application.--
                    (A) In general.--In order to be certified under 
                paragraph (2)(A)(i), the owner or operator of a nuclear 
                reactor that is projected to cease operations due to 
                economic factors shall submit to the Secretary an 
                application at such time, in such manner, and containing 
                such information as the Secretary determines to be 
                appropriate, including--
                          (i) information on the operating costs 
                      necessary to make the determination described in 
                      paragraph (2)(A)(ii)(I), including--
                                    (I) <<NOTE: Time period.>>  the 
                                average projected annual operating loss 
                                in dollars per megawatt-hour, inclusive 
                                of the cost of operational and market 
                                risks, expected to be incurred by the 
                                nuclear reactor over the 4-year period 
                                for which credits would be allocated;

[[Page 135 STAT. 1020]]

                                    (II) any private or publicly 
                                available data with respect to current 
                                or projected bulk power market prices;
                                    (III) out-of-market revenue streams;
                                    (IV) operations and maintenance 
                                costs;
                                    (V) capital costs, including fuel; 
                                and
                                    (VI) operational and market risks;
                          (ii) <<NOTE: Estimate.>>  an estimate of the 
                      potential incremental air pollutants that would 
                      result if the nuclear reactor were to cease 
                      operations;
                          (iii) <<NOTE: Time period.>>  known 
                      information on the source of produced uranium and 
                      the location where the uranium is converted, 
                      enriched, and fabricated into fuel assemblies for 
                      the nuclear reactor for the 4-year period for 
                      which credits would be allocated; and
                          (iv) <<NOTE: Plan. Time period.>>  a detailed 
                      plan to sustain operations at the conclusion of 
                      the applicable 4-year period for which credits 
                      would be allocated--
                                    (I) without receiving additional 
                                credits; or
                                    (II) with the receipt of additional 
                                credits of a lower amount than the 
                                credits allocated during that 4-year 
                                credit period.
                    (B) Timeline.--The Secretary shall accept 
                applications described in subparagraph (A)--
                          (i) <<NOTE: Deadline.>>  until the date that 
                      is 120 days after the date of enactment of this 
                      Act; and
                          (ii) not less frequently than every year 
                      thereafter.
                    (C) Payments from state programs.--
                          (i) <<NOTE: Time period.>>  In general.--The 
                      owner or operator of a nuclear reactor that 
                      receives a payment from a State zero-emission 
                      credit, a State clean energy contract, or any 
                      other State program with respect to that nuclear 
                      reactor shall be eligible to submit an application 
                      under subparagraph (A) with respect to that 
                      nuclear reactor during any application period 
                      beginning after the 120-day period beginning on 
                      the date of enactment of this Act.
                          (ii) Requirement.--An application submitted by 
                      an owner or operator described in clause (i) with 
                      respect to a nuclear reactor described in that 
                      clause shall include all projected payments from 
                      State programs in determining the average 
                      projected annual operating loss described in 
                      subparagraph (A)(i)(I), unless the credits 
                      allocated to the nuclear reactor pursuant to that 
                      application will be used to reduce those payments.
            (2) Determination to certify.--
                    (A) Determination.--
                          (i) <<NOTE: Deadline.>>  In general.--Not 
                      later than 60 days after the applicable date under 
                      subparagraph (B) of paragraph (1), the Secretary 
                      shall determine whether to certify, in accordance 
                      with clauses (ii) and (iii), each nuclear reactor 
                      for which an application is submitted under 
                      subparagraph (A) of that paragraph.
                          (ii) Minimum requirements.--To the maximum 
                      extent practicable, the Secretary shall only 
                      certify a nuclear reactor under clause (i) if--

[[Page 135 STAT. 1021]]

                                    (I) after considering the 
                                information submitted under paragraph 
                                (1)(A)(i), the Secretary determines that 
                                the nuclear reactor is projected to 
                                cease operations due to economic 
                                factors;
                                    (II) after considering the estimate 
                                submitted under paragraph (1)(A)(ii), 
                                the Secretary determines that pollutants 
                                would increase if the nuclear reactor 
                                were to cease operations and be replaced 
                                with other types of power generation; 
                                and
                                    (III) the Nuclear Regulatory 
                                Commission has reasonable assurance that 
                                the nuclear reactor--
                                            (aa) will continue to be 
                                        operated in accordance with the 
                                        current licensing basis (as 
                                        defined in section 54.3 of title 
                                        10, Code of Federal Regulations 
                                        (or successor regulations) of 
                                        the nuclear reactor; and
                                            (bb) poses no significant 
                                        safety hazards.
                          (iii) Priority.--In determining whether to 
                      certify a nuclear reactor under clause (i), the 
                      Secretary shall give priority to a nuclear reactor 
                      that uses, to the maximum extent available, 
                      uranium that is produced, converted, enriched, and 
                      fabricated into fuel assemblies in the United 
                      States.
                    (B) Notice.--For each application received under 
                paragraph (1)(A), the Secretary shall provide to the 
                applicable owner or operator, as applicable--
                          (i) a notice of the certification of the 
                      applicable nuclear reactor; or
                          (ii) a notice that describes the reasons why 
                      the certification of the applicable nuclear 
                      reactor was denied.

    (d) Bidding Process.--
            (1) <<NOTE: Deadline.>>  In general.--Subject to paragraph 
        (2), the Secretary shall establish a deadline by which each 
        certified nuclear reactor shall submit to the Secretary a sealed 
        bid that--
                    (A) describes the price per megawatt-hour of the 
                credits desired by the certified nuclear reactor, which 
                shall not exceed the average projected annual operating 
                loss described in subsection (c)(1)(A)(i)(I); and
                    (B) <<NOTE: Time period.>>  includes a commitment, 
                subject to the receipt of credits, to provide a specific 
                number of megawatt-hours of generation during the 4-year 
                period for which credits would be allocated.
            (2) <<NOTE: Deadline.>>  Requirement.--The deadline 
        established under paragraph (1) shall be not later than 30 days 
        after the first date on which the Secretary has made the 
        determination described in paragraph (2)(A)(i) of subsection (c) 
        with respect to each application submitted under paragraph 
        (1)(A) of that subsection.

    (e) Allocation.--
            (1) Auction.--Notwithstanding section 169 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2209), the Secretary shall--
                    (A) <<NOTE: Consultation.>>  in consultation with 
                the heads of applicable Federal agencies, establish a 
                process for evaluating bids submitted under subsection 
                (d)(1) through an auction process; and
                    (B) select certified nuclear reactors to be 
                allocated credits.

[[Page 135 STAT. 1022]]

            (2) <<NOTE: Time period.>>  Credits.--Subject to subsection 
        (f)(2), on selection under paragraph (1), a certified nuclear 
        reactor shall be allocated credits for a 4-year period beginning 
        on the date of the selection.
            (3) Requirement.--To the maximum extent practicable, the 
        Secretary shall use the amounts made available for credits under 
        this section to allocate credits to as many certified nuclear 
        reactors as possible.

    (f) Renewal.--
            (1) In general.--The owner or operator of a certified 
        nuclear reactor may seek to recertify the nuclear reactor in 
        accordance with this section.
            (2) <<NOTE: Termination date.>>  Limitation.--
        Notwithstanding any other provision of this section, the 
        Secretary may not allocate any credits after September 30, 2031.

    (g) Additional Requirements.--
            (1) <<NOTE: Time period.>>  Audit.--During the 4-year period 
        beginning on the date on which a certified nuclear reactor first 
        receives a credit, the Secretary shall periodically audit the 
        certified nuclear reactor.
            (2) <<NOTE: Regulations.>>  Recapture.--The Secretary shall, 
        by regulation, provide for the recapture of the allocation of 
        any credit to a certified nuclear reactor that, during the 
        period described in paragraph (1)--
                    (A) terminates operations; or
                    (B) does not operate at an annual loss in the 
                absence of an allocation of credits to the certified 
                nuclear reactor.
            (3) <<NOTE: Procedures.>>  Confidentiality.--The Secretary 
        shall establish procedures to ensure that any confidential, 
        private, proprietary, or privileged information that is included 
        in a sealed bid submitted under this section is not publicly 
        disclosed or otherwise improperly used.

    (h) Report.--Not later than January 1, 2024, the Comptroller General 
of the United States shall submit to Congress a report with respect to 
the credits allocated to certified nuclear reactors, which shall 
include--
            (1) <<NOTE: Evaluation.>>  an evaluation of the 
        effectiveness of the credits in avoiding air pollutants while 
        ensuring grid reliability;
            (2) a quantification of the ratepayer savings achieved under 
        this section; and
            (3) <<NOTE: Recommenda- tions.>>  any recommendations to 
        renew or expand the credits.

    (i) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $6,000,000,000 for the period of fiscal years 2022 through 2026.

                         Subtitle D--Hydropower

SEC. 40331. HYDROELECTRIC PRODUCTION INCENTIVES.

    Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881) is 
amended--
            (1) in subsection (b)(2), by striking ``before the date of 
        the enactment of this section'' and inserting ``before the date 
        of enactment of the Infrastructure Investment and Jobs Act'';
            (2) in the undesignated matter following subsection (b)(3), 
        by striking ``the date of the enactment of this section'' and

[[Page 135 STAT. 1023]]

        inserting ``the date of enactment of the Infrastructure 
        Investment and Jobs Act'';
            (3) in subsection (e)(1), in the second sentence, by 
        striking ``$750,000'' and inserting ``$1,000,000''; and
            (4) by striking subsection (g) and inserting the following:

    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $125,000,000 for 
fiscal year 2022, to remain available until expended.''.
SEC. 40332. HYDROELECTRIC EFFICIENCY IMPROVEMENT INCENTIVES.

    (a) In General.--Section 243 of the Energy Policy Act of 2005 (42 
U.S.C. 15882) is amended--
            (1) in the section heading, by inserting ``incentives'' 
        after ``improvement'';
            (2) in subsection (b)--
                    (A) in the first sentence, by striking ``10 
                percent'' and inserting ``30 percent'';
                    (B) in the second sentence--
                          (i) by striking ``$750,000'' and inserting 
                      ``$5,000,000''; and
                          (ii) by inserting ``in any 1 fiscal year'' 
                      before the period at the end; and
            (3) by striking subsection (c) and inserting the following:

    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $75,000,000 for fiscal year 2022 
to remain available until expended.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by 
striking the item relating to section 243 and inserting the following:

``243. Hydroelectric efficiency improvement incentives.''.

SEC. 40333. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.

    (a) In General.--Subtitle C of title II of the Energy Policy Act of 
2005 (Public Law 109-58; 119 Stat. 674) is amended by adding at the end 
the following:
``SEC. 247. <<NOTE: 42 USC 15883.>>  MAINTAINING AND ENHANCING 
                        HYDROELECTRICITY INCENTIVES.

    ``(a) Definition of Qualified Hydroelectric Facility.--In this 
section, the term `qualified hydroelectric facility' means a 
hydroelectric project that--
            ``(1)(A) is licensed by the Federal Energy Regulatory 
        Commission; or
            ``(B) is a hydroelectric project constructed, operated, or 
        maintained pursuant to a permit or valid existing right-of-way 
        granted prior to June 10, 1920, or a license granted pursuant to 
        the Federal Power Act (16 U.S.C. 791a et seq.);
            ``(2) is placed into service before the date of enactment of 
        this section; and
            ``(3)(A) is in compliance with all applicable Federal, 
        Tribal, and State requirements; or
            ``(B) would be brought into compliance with the requirements 
        described in subparagraph (A) as a result of the capital 
        improvements carried out using an incentive payment under this 
        section.

[[Page 135 STAT. 1024]]

    ``(b) Incentive Payments.--The Secretary shall make incentive 
payments to the owners or operators of qualified hydroelectric 
facilities for capital improvements directly related to--
            ``(1) improving grid resiliency, including--
                    ``(A) adapting more quickly to changing grid 
                conditions;
                    ``(B) providing ancillary services (including black 
                start capabilities, voltage support, and spinning 
                reserves);
                    ``(C) integrating other variable sources of 
                electricity generation; and
                    ``(D) managing accumulated reservoir sediments;
            ``(2) improving dam safety to ensure acceptable performance 
        under all loading conditions (including static, hydrologic, and 
        seismic conditions), including--
                    ``(A) the maintenance or upgrade of spillways or 
                other appurtenant structures;
                    ``(B) dam stability improvements, including erosion 
                repair and enhanced seepage controls; and
                    ``(C) upgrades or replacements of floodgates or 
                natural infrastructure restoration or protection to 
                improve flood risk reduction; or
            ``(3) environmental improvements, including--
                    ``(A) adding or improving safe and effective fish 
                passage, including new or upgraded turbine technology, 
                fish ladders, fishways, and all other associated 
                technology, equipment, or other fish passage technology 
                to a qualified hydroelectric facility;
                    ``(B) improving the quality of the water retained or 
                released by a qualified hydroelectric facility;
                    ``(C) promoting downstream sediment transport 
                processes and habitat maintenance; and
                    ``(D) improving recreational access to the project 
                vicinity, including roads, trails, boat ingress and 
                egress, flows to improve recreation, and infrastructure 
                that improves river recreation opportunity.

    ``(c) Limitations.--
            ``(1) Costs.--Incentive payments under this section shall 
        not exceed 30 percent of the costs of the applicable capital 
        improvement.
            ``(2) Maximum amount.--Not more than 1 incentive payment may 
        be made under this section with respect to capital improvements 
        at a single qualified hydroelectric facility in any 1 fiscal 
        year, the amount of which shall not exceed $5,000,000.

    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $553,600,000 for 
fiscal year 2022, to remain available until expended.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by 
inserting after the item relating to section 246 the following:

``247. Maintaining and enhancing hydroelectricity incentives.''.

SEC. 40334. PUMPED STORAGE HYDROPOWER WIND AND SOLAR INTEGRATION 
                            AND SYSTEM RELIABILITY INITIATIVE.

    Section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232) is 
amended--

[[Page 135 STAT. 1025]]

            (1) <<NOTE: 42 USC 17231, 17232.>>  by redesignating 
        subsections (e) through (g) as subsections (f) through (h), 
        respectively; and
            (2) <<NOTE: 42 USC 17232.>>  by inserting after subsection 
        (d) the following:

    ``(e) Pumped Storage Hydropower Wind and Solar Integration and 
System Reliability Initiative.--
            ``(1) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means--
                    ``(A)(i) an electric utility, including--
                          ``(I) a political subdivision of a State, such 
                      as a municipally owned electric utility; or
                          ``(II) an instrumentality of a State composed 
                      of municipally owned electric utilities;
                    ``(ii) an electric cooperative; or
                    ``(iii) an investor-owned utility;
                    ``(B) an Indian Tribe or Tribal organization;
                    ``(C) a State energy office;
                    ``(D) an institution of higher education; and
                    ``(E) a consortium of the entities described in 
                subparagraphs (A) through (D).
            ``(2) Demonstration project.--
                    ``(A) <<NOTE: Deadline. Contracts. Assessments.>>  
                In general.--Not later than September 30, 2023, the 
                Secretary shall, to the maximum extent practicable, 
                enter into an agreement with an eligible entity to 
                provide financial assistance to the eligible entity to 
                carry out project design, transmission studies, power 
                market assessments, and permitting for a pumped storage 
                hydropower project to facilitate the long-duration 
                storage of intermittent renewable electricity.
                    ``(B) Project requirements.--To be eligible for 
                financial assistance under subparagraph (A), a project 
                shall--
                          ``(i) be designed to provide not less than 
                      1,000 megawatts of storage capacity;
                          ``(ii) be able to provide energy and capacity 
                      for use in more than 1 organized electricity 
                      market;
                          ``(iii) be able to store electricity generated 
                      by intermittent renewable electricity projects 
                      located on Tribal land; and
                          ``(iv) have received a preliminary permit from 
                      the Federal Energy Regulatory Commission.
                    ``(C) Matching requirement.--An eligible entity 
                receiving financial assistance under subparagraph (A) 
                shall provide matching funds equal to or greater than 
                the amount of financial assistance provided under that 
                subparagraph.
            ``(3) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to carry 
        out this subsection $2,000,000 for each of fiscal years 2022 
        through 2026.''.
SEC. 40335. AUTHORITY FOR PUMPED STORAGE HYDROPOWER DEVELOPMENT 
                            USING MULTIPLE BUREAU OF RECLAMATION 
                            RESERVOIRS.

    Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 
485h(c)) is amended--
            (1) in paragraph (1), in the fourth sentence, by striking 
        ``, including small conduit hydropower development'' and 
        inserting ``and reserve to the Secretary the exclusive authority

[[Page 135 STAT. 1026]]

        to develop small conduit hydropower using Bureau of Reclamation 
        facilities and pumped storage hydropower exclusively using 
        Bureau of Reclamation reservoirs''; and
            (2) in paragraph (8), by striking ``has been filed with the 
        Federal Energy Regulatory Commission as of the date of the 
        enactment of the Bureau of Reclamation Small Conduit Hydropower 
        Development and Rural Jobs Act'' and inserting ``was filed with 
        the Federal Energy Regulatory Commission before August 9, 2013, 
        and is still pending''.
SEC. 40336. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF POWER 
                            PRIVILEGE.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Hearings and Appeals.
            (3) Office of hearings and appeals.--The term ``Office of 
        Hearings and Appeals'' means the Office of Hearings and Appeals 
        of the Department of the Interior.
            (4) Party.--The term ``party'', with respect to a study plan 
        agreement, means each of the following parties to the study plan 
        agreement:
                    (A) The proposed lessee.
                    (B) The Tribes.
            (5) Project.--The term ``project'' means a proposed pumped 
        storage facility that--
                    (A) would use multiple Bureau of Reclamation 
                reservoirs; and
                    (B) as of June 1, 2017, was subject to a preliminary 
                permit issued by the Commission pursuant to section 4(f) 
                of the Federal Power Act (16 U.S.C. 797(f)).
            (6) Proposed lessee.--The term ``proposed lessee'' means the 
        proposed lessee of a project.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Study plan.--The term ``study plan'' means the plan 
        described in subsection (d)(1).
            (9) Study plan agreement.--The term ``study plan agreement'' 
        means an agreement entered into under subsection (b)(1) and 
        described in subsection (c).
            (10) Tribes.--The term ``Tribes'' means--
                    (A) the Confederated Tribes of the Colville 
                Reservation; and
                    (B) the Spokane Tribe of Indians of the Spokane 
                Reservation.

    (b) Requirement for Issuance of Leases of Power Privilege.--The 
Secretary shall not issue a lease of power privilege pursuant to section 
9(c)(1) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)(1)) 
(as amended by section 40335) for a project unless--
            (1) the proposed lessee and the Tribes have entered into a 
        study plan agreement; or
            (2) <<NOTE: Determination.>>  the Secretary or the Director, 
        as applicable, makes a final determination for--
                    (A) a study plan agreement under subsection (c)(2); 
                or

[[Page 135 STAT. 1027]]

                    (B) a study plan under subsection (d).

    (c) Study Plan Agreement Requirements.--
            (1) In general.--A study plan agreement shall--
                    (A) establish the deadlines for the proposed lessee 
                to formally respond in writing to comments and study 
                requests about the project previously submitted to the 
                Commission;
                    (B) allow for the parties to submit additional 
                comments and study requests if any aspect of the 
                project, as proposed, differs from an aspect of the 
                project, as described in a preapplication document 
                provided to the Commission;
                    (C) except as expressly agreed to by the parties or 
                as provided in paragraph (2) or subsection (d), require 
                that the proposed lessee conduct each study described 
                in--
                          (i) a study request about the project 
                      previously submitted to the Commission; or
                          (ii) any additional study request submitted in 
                      accordance with the study plan agreement;
                    (D) require that the proposed lessee study any 
                potential adverse economic effects of the project on the 
                Tribes, including effects on--
                          (i) annual payments to the Confederated Tribes 
                      of the Colville Reservation under section 5(b) of 
                      the Confederated Tribes of the Colville 
                      Reservation Grand Coulee Dam Settlement Act 
                      (Public Law 103-436; 108 Stat. 4579); and
                          (ii) annual payments to the Spokane Tribe of 
                      Indians of the Spokane Reservation authorized 
                      after the date of enactment of this Act, the 
                      amount of which derives from the annual payments 
                      described in clause (i);
                    (E) establish a protocol for communication and 
                consultation between the parties;
                    (F) provide mechanisms for resolving disputes 
                between the parties regarding implementation and 
                enforcement of the study plan agreement; and
                    (G) contain other provisions determined to be 
                appropriate by the parties.
            (2) Disputes.--
                    (A) <<NOTE: Determination. Notice.>>  In general.--
                If the parties cannot agree to the terms of a study plan 
                agreement or implementation of those terms, the parties 
                shall submit to the Director, for final determination on 
                the terms or implementation of the study plan agreement, 
                notice of the dispute, consistent with paragraph (1)(F), 
                to the extent the parties have agreed to a study plan 
                agreement.
                    (B) <<NOTE: Evaluation.>>  Inclusion.--A dispute 
                covered by subparagraph (A) may include the view of a 
                proposed lessee that an additional study request 
                submitted in accordance with paragraph (1)(B) is not 
                reasonably calculated to assist the Secretary in 
                evaluating the potential impacts of the project.
                    (C) <<NOTE: Determination. Deadline.>>  Timing.--The 
                Director shall issue a determination regarding a dispute 
                under subparagraph (A) not later than 120 days after the 
                date on which the Director receives notice of the 
                dispute under that subparagraph.

    (d) Study Plan.--

[[Page 135 STAT. 1028]]

            (1) In general.--The proposed lessee shall submit to the 
        Secretary for approval a study plan that details the proposed 
        methodology for performing each of the studies--
                    (A) identified in the study plan agreement of the 
                proposed lessee; or
                    (B) determined by the Director in a final 
                determination regarding a dispute under subsection 
                (c)(2).
            (2) <<NOTE: Deadline.>>  Initial determination.--Not later 
        than 60 days after the date on which the Secretary receives the 
        study plan under paragraph (1), the Secretary shall make an 
        initial determination that--
                    (A) approves the study plan;
                    (B) rejects the study plan on the grounds that the 
                study plan--
                          (i) lacks sufficient detail on a proposed 
                      methodology for a study identified in the study 
                      plan agreement; or
                          (ii) is inconsistent with the study plan 
                      agreement; or
                    (C) imposes additional study plan requirements that 
                the Secretary determines are necessary to adequately 
                define the potential effects of the project on--
                          (i) the exercise of the paramount hunting, 
                      fishing, and boating rights of the Tribes reserved 
                      pursuant to the Act of June 29, 1940 (54 Stat. 
                      703, chapter 460; 16 U.S.C. 835d et seq.);
                          (ii) the annual payments described in clauses 
                      (i) and (ii) of subsection (c)(1)(D);
                          (iii) the Columbia Basin project (as defined 
                      in section 1 of the Act of May 27, 1937 (50 Stat. 
                      208, chapter 269; 57 Stat. 14, chapter 14; 16 
                      U.S.C. 835));
                          (iv) historic properties and cultural or 
                      spiritually significant resources; and
                          (v) the environment.
            (3) <<NOTE: Deadlines.>>  Objections.--
                    (A) In general.--Not later than 30 days after the 
                date on which the Secretary makes an initial 
                determination under paragraph (2), the Tribes or the 
                proposed lessee may submit to the Director an objection 
                to the initial determination.
                    (B) Final determination.--Not later than 120 days 
                after the date on which the Director receives an 
                objection under subparagraph (A), the Director shall--
                          (i) hold a hearing on the record regarding the 
                      objection; and
                          (ii) make a final determination that 
                      establishes the study plan, including a 
                      description of studies the proposed lessee is 
                      required to perform.
            (4) No objections.--If no objections are submitted by the 
        deadline described in paragraph (3)(A), the initial 
        determination of the Secretary under paragraph (2) shall be 
        final.

    (e) Conditions of Lease.--
            (1) Consistency with rights of tribes; protection, 
        mitigation, and enhancement of fish and wildlife.--
                    (A) In general.--Any lease of power privilege issued 
                by the Secretary for a project under subsection (b) 
                shall contain conditions--

[[Page 135 STAT. 1029]]

                          (i) to ensure that the project is consistent 
                      with, and will not interfere with, the exercise of 
                      the paramount hunting, fishing, and boating rights 
                      of the Tribes reserved pursuant to the Act of June 
                      29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 
                      835d et seq.); and
                          (ii) to adequately and equitably protect, 
                      mitigate damages to, and enhance fish and 
                      wildlife, including related spawning grounds and 
                      habitat, affected by the development, operation, 
                      and management of the project.
                    (B) Recommendations of the tribes.--The conditions 
                required under subparagraph (A) shall be based on joint 
                recommendations of the Tribes.
                    (C) Resolving inconsistencies.--
                          (i) <<NOTE: Determination.>>  In general.--If 
                      the Secretary determines that any recommendation 
                      of the Tribes under subparagraph (B) is not 
                      reasonably calculated to ensure the project is 
                      consistent with subparagraph (A) or is 
                      inconsistent with the requirements of the 
                      Reclamation Project Act of 1939 (43 U.S.C. 485 et 
                      seq.), the Secretary shall attempt to resolve any 
                      such inconsistency with the Tribes, giving due 
                      weight to the recommendations and expertise of the 
                      Tribes.
                          (ii) Publication of findings.--If, after an 
                      attempt to resolve an inconsistency under clause 
                      (i), the Secretary does not adopt in whole or in 
                      part a recommendation of the Tribes under 
                      subparagraph (B), the Secretary shall issue each 
                      of the following findings, including a statement 
                      of the basis for each of the findings:
                                    (I) A finding that adoption of the 
                                recommendation is inconsistent with the 
                                requirements of the Reclamation Project 
                                Act of 1939 (43 U.S.C. 485 et seq.).
                                    (II) A finding that the conditions 
                                selected by the Secretary to be 
                                contained in the lease of power 
                                privilege under subparagraph (A) comply 
                                with the requirements of clauses (i) and 
                                (ii) of that subparagraph.
            (2) Annual charges payable by licensee.--
                    (A) In general.--Subject to subparagraph (B), any 
                lease of power privilege issued by the Secretary for a 
                project under subsection (b) shall contain conditions 
                that require the lessee of the project to make direct 
                payments to the Tribes through reasonable annual charges 
                in an amount that recompenses the Tribes for any adverse 
                economic effect of the project identified in a study 
                performed pursuant to the study plan agreement for the 
                project.
                    (B) Agreement.--
                          (i) In general.--The amount of the annual 
                      charges described in subparagraph (A) shall be 
                      established through agreement between the proposed 
                      lessee and the Tribes.
                          (ii) Condition.--The agreement under clause 
                      (i), including any modification of the agreement, 
                      shall be deemed to be a condition to the lease of 
                      power privilege

[[Page 135 STAT. 1030]]

                      issued by the Secretary for a project under 
                      subsection (b).
                    (C) Dispute resolution.--
                          (i) <<NOTE: Notice.>>  In general.--If the 
                      proposed lessee and the Tribes cannot agree to the 
                      terms of an agreement under subparagraph (B)(i), 
                      the proposed lessee and the Tribes shall submit 
                      notice of the dispute to the Director.
                          (ii) <<NOTE: Deadline.>>  Resolution.--The 
                      Director shall resolve the dispute described in 
                      clause (i) not later than 180 days after the date 
                      on which the Director receives notice of the 
                      dispute under that clause.
            (3) Additional conditions.--The Secretary may include in any 
        lease of power privilege issued by the Secretary for a project 
        under subsection (b) other conditions determined appropriate by 
        the Secretary, on the condition that the conditions shall be 
        consistent with the Reclamation Project Act of 1939 (43 U.S.C. 
        485 et seq.).
            (4) Consultation.--In establishing conditions under this 
        subsection, the Secretary shall consult with the Tribes.

    (f) Deadlines.--The Secretary or any officer of the Office of 
Hearing and Appeals before whom a proceeding is pending under this 
section may extend any deadline or enlarge any timeframe described in 
this section--
            (1) at the discretion of the Secretary or the officer; or
            (2) on a showing of good cause by any party.

    (g) Judicial Review.--Any final action of the Secretary or the 
Director made pursuant to this section shall be subject to judicial 
review in accordance with chapter 7 of title 5, United States Code.
    (h) Effect on Other Projects.--Nothing in this section establishes 
any precedent or is binding on any Bureau of Reclamation lease of power 
privilege, other than for a project.

                        Subtitle E--Miscellaneous

SEC. 40341. SOLAR ENERGY TECHNOLOGIES ON CURRENT AND FORMER MINE 
                            LAND.

    Section 3004 of the Energy Act of 2020 (42 U.S.C. 16238) is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (6) through (15) as 
                paragraphs (7) through (16), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6) Mine land.--The term `mine land' means--
                    ``(A) land subject to titles IV and V of the Surface 
                Mining Control and Reclamation Act of 1977 (30 U.S.C. 
                1231 et seq.; 30 U.S.C. 1251 et seq.); and
                    ``(B) land that has been claimed or patented subject 
                to sections 2319 through 2344 of the Revised Statutes 
                (commonly known as the `Mining Law of 1872') (30 U.S.C. 
                22 et seq.).''; and
            (2) in subsection (b)(6)(B)--
                    (A) in the matter preceding clause (i), by inserting 
                ``, in consultation with the Secretary of the Interior 
                and

[[Page 135 STAT. 1031]]

                the Administrator of the Environmental Protection Agency 
                for purposes of clause (iv),'' after ``the Secretary'';
                    (B) in clause (iii), by striking ``and'' after the 
                semicolon;
                    (C) by redesignating clause (iv) as clause (v); and
                    (D) by inserting after clause (iii) the following:
                          ``(iv) a description of the technical and 
                      economic viability of siting solar energy 
                      technologies on current and former mine land, 
                      including necessary interconnection and 
                      transmission siting and the impact on local job 
                      creation; and''.
SEC. 40342. <<NOTE: 42 USC 18761.>>  CLEAN ENERGY DEMONSTRATION 
                            PROGRAM ON CURRENT AND FORMER MINE 
                            LAND.

    (a) Definitions.--In this section:
            (1) Clean energy project.--The term ``clean energy project'' 
        means a project that demonstrates 1 or more of the following 
        technologies:
                    (A) Solar.
                    (B) Micro-grids.
                    (C) Geothermal.
                    (D) Direct air capture.
                    (E) Fossil-fueled electricity generation with carbon 
                capture, utilization, and sequestration.
                    (F) Energy storage, including pumped storage 
                hydropower and compressed air storage.
                    (G) Advanced nuclear technologies.
            (2) Economically distressed area.--The term ``economically 
        distressed area'' means an area described in section 301(a) of 
        the Public Works and Economic Development Act of 1965 (42 U.S.C. 
        3161(a)).
            (3) Mine land.--The term ``mine land'' means--
                    (A) land subject to titles IV and V of the Surface 
                Mining Control and Reclamation Act of 1977 (30 U.S.C. 
                1231 et seq.; 30 U.S.C. 1251 et seq.); and
                    (B) land that has been claimed or patented subject 
                to sections 2319 through 2344 of the Revised Statutes 
                (commonly known as the ``Mining Law of 1872'') (30 
                U.S.C. 22 et seq.).
            (4) Program.--The term ``program'' means the demonstration 
        program established under subsection (b).

    (b) Establishment.--The Secretary shall establish a program to 
demonstrate the technical and economic viability of carrying out clean 
energy projects on current and former mine land.
    (c) Selection of Demonstration Projects.--
            (1) In general.--In carrying out the program, the Secretary 
        shall select not more than 5 clean energy projects, to be 
        carried out in geographically diverse regions, at least 2 of 
        which shall be solar projects.
            (2) Eligibility.--To be eligible to be selected for 
        participation in the program under paragraph (1), a clean energy 
        project shall demonstrate, as determined by the Secretary, a 
        technology on a current or former mine land site with a 
        reasonable expectation of commercial viability.
            (3) Priority.--In selecting clean energy projects for 
        participation in the program under paragraph (1), the Secretary 
        shall prioritize clean energy projects that will--

[[Page 135 STAT. 1032]]

                    (A) be carried out in a location where the greatest 
                number of jobs can be created from the successful 
                demonstration of the clean energy project;
                    (B) provide the greatest net impact in avoiding or 
                reducing greenhouse gas emissions;
                    (C) provide the greatest domestic job creation (both 
                directly and indirectly) during the implementation of 
                the clean energy project;
                    (D) provide the greatest job creation and economic 
                development in the vicinity of the clean energy project, 
                particularly--
                          (i) in economically distressed areas; and
                          (ii) with respect to dislocated workers who 
                      were previously employed in manufacturing, coal 
                      power plants, or coal mining;
                    (E) have the greatest potential for technological 
                innovation and commercial deployment;
                    (F) have the lowest levelized cost of generated or 
                stored energy;
                    (G) have the lowest rate of greenhouse gas emissions 
                per unit of electricity generated or stored; and
                    (H) have the shortest project time from permitting 
                to completion.
            (4) <<NOTE: Consultation.>>  Project selection.--The 
        Secretary shall solicit proposals for clean energy projects and 
        select clean energy project finalists in consultation with the 
        Secretary of the Interior, the Administrator of the 
        Environmental Protection Agency, and the Secretary of Labor.
            (5) <<NOTE: Consultation.>>  Compatibility with existing 
        operations.--Prior to selecting a clean energy project for 
        participation in the program under paragraph (1), the Secretary 
        shall consult with, as applicable, mining claimholders or 
        operators or the relevant Office of Surface Mining Reclamation 
        and Enforcement Abandoned Mine Land program office to confirm--
                    (A) that the proposed project is compatible with any 
                current mining, exploration, or reclamation activities; 
                and
                    (B) the valid existing rights of any mining 
                claimholders or operators.

    (d) <<NOTE: Determination.>>  Consultation.--The Secretary shall 
consult with the Director of the Office of Surface Mining Reclamation 
and Enforcement and the Administrator of the Environmental Protection 
Agency, acting through the Office of Brownfields and Land 
Revitalization, to determine whether it is necessary to promulgate 
regulations or issue guidance in order to prioritize and expedite the 
siting of clean energy projects on current and former mine land sites.

    (e) Technical Assistance.--The Secretary shall provide technical 
assistance to project applicants selected for participation in the 
program under subsection (c) to assess the needed interconnection, 
transmission, and other grid components and permitting and siting 
necessary to interconnect, on current and former mine land where the 
project will be sited, any generation or storage with the electric grid.
    (f) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $500,000,000 for the period of fiscal years 2022 through 2026.

[[Page 135 STAT. 1033]]

SEC. 40343. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR ENERGY AND 
                            RELATED PURPOSES ON THE OUTER 
                            CONTINENTAL SHELF.

    Section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)(1)(C)) is amended by inserting ``storage,'' before ``or 
transmission''.

 TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION

              Subtitle A--Department of Energy Loan Program

SEC. 40401. DEPARTMENT OF ENERGY LOAN PROGRAMS.

    (a) Title XVII Innovative Energy Loan Guarantee Program.--
            (1) Reasonable prospect of repayment.--Section 1702(d)(1) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16512(d)(1)) is 
        amended--
                    (A) by striking the paragraph designation and 
                heading and all that follows through ``No guarantee'' 
                and inserting the following:
            ``(1) Requirement.--
                    ``(A) In general.--No guarantee''; and
                    (B) by adding at the end the following:
                    ``(B) <<NOTE: Determination.>>  Reasonable prospect 
                of repayment.--The Secretary shall base a determination 
                of whether there is reasonable prospect of repayment 
                under subparagraph (A) on a comprehensive evaluation of 
                whether the borrower has a reasonable prospect of 
                repaying the guaranteed obligation for the eligible 
                project, including, as applicable, an evaluation of--
                          ``(i) the strength of the contractual terms of 
                      the eligible project (if commercially reasonably 
                      available);
                          ``(ii) the forecast of noncontractual cash 
                      flows supported by market projections from 
                      reputable sources, as determined by the Secretary;
                          ``(iii) cash sweeps and other structure 
                      enhancements;
                          ``(iv) the projected financial strength of the 
                      borrower--
                                    ``(I) at the time of loan close; and
                                    ``(II) throughout the loan term 
                                after the project is completed;
                          ``(v) the financial strength of the investors 
                      and strategic partners of the borrower, if 
                      applicable; and
                          ``(vi) other financial metrics and analyses 
                      that are relied on by the private lending 
                      community and nationally recognized credit rating 
                      agencies, as determined appropriate by the 
                      Secretary.''.
            (2) Loan guarantees for projects that increase the 
        domestically produced supply of critical minerals.--

[[Page 135 STAT. 1034]]

                    (A) In general.--Section 1703(b) of the Energy 
                Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by 
                adding at the end the following:
            ``(13) Projects that increase the domestically produced 
        supply of critical minerals (as defined in section 7002(a) of 
        the Energy Act of 2020 (30 U.S.C. 1606(a)), including through 
        the production, processing, manufacturing, recycling, or 
        fabrication of mineral alternatives.''.
                    (B) Prohibition on use of previously appropriated 
                funds.--Amounts appropriated to the Department of Energy 
                before the date of enactment of this Act shall not be 
                made available for the cost of loan guarantees made 
                under paragraph (13) of section 1703(b) of the Energy 
                Policy Act of 2005 (42 U.S.C. 16513(b)).
                    (C) Prohibition on use of previously available 
                commitment authority.--Amounts made available to the 
                Department of Energy for commitments to guarantee loans 
                under section 1703 of the Energy Policy Act of 2005 (42 
                U.S.C. 16513) before the date of enactment of this Act 
                shall not be made available for commitments to guarantee 
                loans for projects described in paragraph (13) of 
                section 1703(b) of the Energy Policy Act of 2005 (42 
                U.S.C. 16513(b)).
            (3) Conflicts of interest.--Section 1702 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the 
        end the following:

    ``(r) <<NOTE: Certification.>>  Conflicts of Interest.--For each 
project selected for a guarantee under this title, the Secretary shall 
certify that political influence did not impact the selection of the 
project.''.

    (b) Advanced Technology Vehicle Manufacturing.--
            (1) Eligibility.--Section 136(a)(1) of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17013(a)(1)) is 
        amended--
                    (A) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon;
                    (B) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively, and 
                indenting appropriately;
                    (C) in the matter preceding clause (i) (as so 
                redesignated), by striking ``means an ultra'' and 
                inserting the following: ``means--
                    ``(A) an ultra''; and
                    (D) by adding at the end the following:
                    ``(B) a medium duty vehicle or a heavy duty vehicle 
                that exceeds 125 percent of the greenhouse gas emissions 
                and fuel efficiency standards established by the final 
                rule of the Environmental Protection Agency entitled 
                `Greenhouse Gas Emissions and Fuel Efficiency Standards 
                for Medium- and Heavy-Duty Engines and Vehicles--Phase 
                2' (81 Fed. Reg. 73478 (October 25, 2016));
                    ``(C) a train or locomotive;
                    ``(D) a maritime vessel;
                    ``(E) an aircraft; and
                    ``(F) hyperloop technology.''.
            (2) Reasonable prospect of repayment.--Section 136(d) of the 
        Energy Independence and Security Act of 2007 (42 U.S.C. 
        17013(d)) is amended--

[[Page 135 STAT. 1035]]

                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) <<NOTE: Determinations.>>  Selection of eligible 
        projects.--
                    ``(A) In general.--The Secretary shall select 
                eligible projects to receive loans under this subsection 
                if the Secretary determines that--
                          ``(i) the loan recipient--
                                    ``(I) has a reasonable prospect of 
                                repaying the principal and interest on 
                                the loan;
                                    ``(II) will provide sufficient 
                                information to the Secretary for the 
                                Secretary to ensure that the qualified 
                                investment is expended efficiently and 
                                effectively; and
                                    ``(III) has met such other criteria 
                                as may be established and published by 
                                the Secretary; and
                          ``(ii) the amount of the loan (when combined 
                      with amounts available to the loan recipient from 
                      other sources) will be sufficient to carry out the 
                      project.
                    ``(B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether there is 
                a reasonable prospect of repayment of the principal and 
                interest on a loan under subparagraph (A)(i)(I) on a 
                comprehensive evaluation of whether the loan recipient 
                has a reasonable prospect of repaying the principal and 
                interest, including, as applicable, an evaluation of--
                          ``(i) the strength of the contractual terms of 
                      the eligible project (if commercially reasonably 
                      available);
                          ``(ii) the forecast of noncontractual cash 
                      flows supported by market projections from 
                      reputable sources, as determined by the Secretary;
                          ``(iii) cash sweeps and other structure 
                      enhancements;
                          ``(iv) the projected financial strength of the 
                      loan recipient--
                                    ``(I) at the time of loan close; and
                                    ``(II) throughout the loan term 
                                after the project is completed;
                          ``(v) the financial strength of the investors 
                      and strategic partners of the loan recipient, if 
                      applicable; and
                          ``(vi) other financial metrics and analyses 
                      that are relied on by the private lending 
                      community and nationally recognized credit rating 
                      agencies, as determined appropriate by the 
                      Secretary.''; and
                    (B) in paragraph (4)--
                          (i) in subparagraph (C), by striking ``and'' 
                      after the semicolon;
                          (ii) in subparagraph (D), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(E) shall be subject to the condition that the 
                loan is not subordinate to other financing.''.
            (3) Additional reforms.--Section 136 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17013) is 
        amended--
                    (A) in subsection (b) by striking ``ultra efficient 
                vehicle manufacturers, and component suppliers'' and 
                inserting

[[Page 135 STAT. 1036]]

                ``ultra efficient vehicle manufacturers, advanced 
                technology vehicle manufacturers, and component 
                suppliers'';
                    (B) in subsection (h)--
                          (i) in the subsection heading, by striking 
                      ``Automobile'' and inserting ``Advanced Technology 
                      Vehicle''; and
                          (ii) in paragraph (1)(B), by striking 
                      ``automobiles, or components of automobiles'' and 
                      inserting ``advanced technology vehicles, or 
                      components of advanced technology vehicles'';
                    (C) by striking subsection (i);
                    (D) by redesignating subsection (j) as subsection 
                (i); and
                    (E) by adding at the end the following:

    ``(j) Coordination.--In carrying out this section, the Secretary 
shall coordinate with relevant vehicle, bioenergy, and hydrogen and fuel 
cell demonstration project activities supported by the Department.
    ``(k) Outreach.--In carrying out this section, the Secretary shall--
            ``(1) provide assistance with the completion of applications 
        for awards or loans under this section; and
            ``(2) conduct outreach, including through conferences and 
        online programs, to disseminate information on awards and loans 
        under this section to potential applicants.

    ``(l) Prohibition on Use of Appropriated Funds.--Amounts 
appropriated to the Secretary before the date of enactment of this 
subsection shall not be available to the Secretary to provide awards 
under subsection (b) or loans under subsection (d) for the costs of 
activities that were not eligible for those awards or loans on the day 
before that date.
    ``(m) Report.--Not later than 2 years after the date of enactment of 
this subsection, and every 3 years thereafter, the Secretary shall 
submit to Congress a report on the status of projects supported by a 
loan under this section, including--
            ``(1) <<NOTE: List.>>  a list of projects receiving a loan 
        under this section, including the loan amount and construction 
        status of each project;
            ``(2) the status of the loan repayment for each project, 
        including future repayment projections;
            ``(3) <<NOTE: Data.>>  data regarding the number of direct 
        and indirect jobs retained, restored, or created by financed 
        projects;
            ``(4) the number of new projects projected to receive a loan 
        under this section in the next 2 years, including the projected 
        aggregate loan amount over the next 2 years;
            ``(5) <<NOTE: Evaluation.>>  evaluation of ongoing 
        compliance with the assurances and commitments, and of the 
        predictions, made by applicants pursuant to paragraphs (2) and 
        (3) of subsection (d);
            ``(6) the total number of applications received by the 
        Department each year; and
            ``(7) any other metrics the Secretary determines 
        appropriate.''.
            (4) Conflicts of interest.--Section 136(d) of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is 
        amended by adding at the end the following:
            ``(5) <<NOTE: Certification.>>  Conflicts of interest.--For 
        each eligible project selected to receive a loan under this 
        subsection, the Secretary

[[Page 135 STAT. 1037]]

        shall certify that political influence did not impact the 
        selection of the eligible project.''.

    (c) State Loan Eligibility.--
            (1) Definitions.--Section 1701 of the Energy Policy Act of 
        2005 (42 U.S.C. 16511) is amended by adding at the end the 
        following:
            ``(6) State.--The term `State' has the meaning given the 
        term in section 202 of the Energy Conservation and Production 
        Act (42 U.S.C. 6802).
            ``(7) State energy financing institution.--
                    ``(A) In general.--The term `State energy financing 
                institution' means a quasi-independent entity or an 
                entity within a State agency or financing authority 
                established by a State--
                          ``(i) to provide financing support or credit 
                      enhancements, including loan guarantees and loan 
                      loss reserves, for eligible projects; and
                          ``(ii) to create liquid markets for eligible 
                      projects, including warehousing and 
                      securitization, or take other steps to reduce 
                      financial barriers to the deployment of existing 
                      and new eligible projects.
                    ``(B) Inclusion.--The term `State energy financing 
                institution' includes an entity or organization 
                established to achieve the purposes described in clauses 
                (i) and (ii) of subparagraph (A) by an Indian Tribal 
                entity or an Alaska Native Corporation.''.
            (2) Terms and conditions.--Section 1702 of the Energy Policy 
        Act of 2005 (42 U.S.C. 16512) is amended--
                    (A) in subsection (a), by inserting ``, including 
                projects receiving financial support or credit 
                enhancements from a State energy financing 
                institution,'' after ``for projects'';
                    (B) in subsection (d)(1), by inserting ``, including 
                a guarantee for a project receiving financial support or 
                credit enhancements from a State energy financing 
                institution,'' after ``No guarantee''; and
                    (C) by adding at the end the following:

    ``(r) State Energy Financing Institutions.--
            ``(1) Eligibility.--To be eligible for a guarantee under 
        this title, a project receiving financial support or credit 
        enhancements from a State energy financing institution--
                    ``(A) shall meet the requirements of section 
                1703(a)(1); and
                    ``(B) shall not be required to meet the requirements 
                of section 1703(a)(2).
            ``(2) Partnerships authorized.--In carrying out a project 
        receiving a loan guarantee under this title, State energy 
        financing institutions may enter into partnerships with private 
        entities, Tribal entities, and Alaska Native corporations.
            ``(3) Prohibition on use of appropriated funds.--Amounts 
        appropriated to the Department of Energy before the date of 
        enactment of this subsection shall not be available to be used 
        for the cost of loan guarantees for projects receiving financing 
        support or credit enhancements under this subsection.''.

    (d) Loan Guarantees for Certain Alaska Natural Gas Transportation 
Projects and Systems.--Section 116 of the Alaska Natural Gas Pipeline 
Act (15 U.S.C. 720n) is amended--

[[Page 135 STAT. 1038]]

            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``to West Coast 
                States''; and
                    (B) in paragraph (3), in the second sentence, by 
                striking ``to the continental United States'';
            (2) in subsection (b)(1), in the first sentence, by striking 
        ``to West Coast States''; and
            (3) in subsection (g)(4)--
                    (A) by inserting by striking ``plants liquification 
                plants and'' and inserting ``plants, liquification 
                plants, and'';
                    (B) by striking ``to the West Coast''; and
                    (C) by striking ``to the continental United 
                States''.

              Subtitle B--Energy Information Administration

SEC. 40411. <<NOTE: 42 USC 18771.>>  DEFINITIONS.

    In this subtitle:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Energy Information Administration.
            (2) Annual critical minerals outlook.--The term ``Annual 
        Critical Minerals Outlook'' means the Annual Critical Minerals 
        Outlook prepared under section 7002(j)(1)(B) of the Energy Act 
        of 2020 (30 U.S.C. 1606(j)(1)(B)).
            (3) Critical mineral.--The term ``critical mineral'' has the 
        meaning given the term in section 7002(a) of the Energy Act of 
        2020 (30 U.S.C. 1606(a)).
            (4) Household energy burden.--The term ``household energy 
        burden'' means the quotient obtained by dividing--
                    (A) the residential energy expenditures (as defined 
                in section 440.3 of title 10, Code of Federal 
                Regulations (as in effect on the date of enactment of 
                this Act)) of the applicable household; by
                    (B) the annual income of that household.
            (5) Household with a high energy burden.--The term 
        ``household with a high energy burden'' has the meaning given 
        the term in section 440.3 of title 10, Code of Federal 
        Regulations (as in effect on the date of enactment of this Act).
            (6) Large manufacturing facility.--The term ``large 
        manufacturing facility'' means a manufacturing facility that--
                    (A) annually consumes more than 35,000 megawatt-
                hours of electricity; or
                    (B) has a peak power demand of more than 10 
                megawatts.
            (7) Load-serving entity.--The term ``load-serving entity'' 
        has the meaning given the term in section 217(a) of the Federal 
        Power Act (16 U.S.C. 824q(a)).
            (8) Miscellaneous electric load.--The term ``miscellaneous 
        electric load'' means electricity that--
                    (A) is used by an appliance or device--
                          (i) within a building; or
                          (ii) to serve a building; and
                    (B) is not used for heating, ventilation, air 
                conditioning, lighting, water heating, or refrigeration.
            (9) Regional transmission organization.--The term ``Regional 
        Transmission Organization'' has the meaning given

[[Page 135 STAT. 1039]]

        the term in section 3 of the Federal Power Act (16 U.S.C. 796).
            (10) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 609(a) of the Public Utility 
        Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)).
SEC. 40412. <<NOTE: 42 USC 18772.>>  DATA COLLECTION IN THE 
                            ELECTRICITY SECTOR.

    (a) Dashboard.--
            (1) Establishment.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                90 days after the date of enactment of this Act, the 
                Administrator shall establish an online database to 
                track the operation of the bulk power system in the 
                contiguous 48 States (referred to in this section as the 
                ``Dashboard'').
                    (B) Improvement of existing dashboard.--The 
                Dashboard may be established through the improvement, in 
                accordance with this subsection, of an existing 
                dashboard of the Energy Information Administration, such 
                as--
                          (i) the U.S. Electric System Operating Data 
                      dashboard; or
                          (ii) the Hourly Electric Grid Monitor.
            (2) Expansion.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                1 year after the date of enactment of this Act, the 
                Administrator shall expand the Dashboard to include, to 
                the maximum extent practicable, hourly operating data 
                collected from the electricity balancing authorities 
                that operate the bulk power system in all of the several 
                States, each territory of the United States, and the 
                District of Columbia.
                    (B) Types of data.--The hourly operating data 
                collected under subparagraph (A) may include data 
                relating to--
                          (i) total electricity demand;
                          (ii) electricity demand by subregion;
                          (iii) short-term electricity demand forecasts;
                          (iv) total electricity generation;
                          (v) net electricity generation by fuel type, 
                      including renewables;
                          (vi) electricity stored and discharged;
                          (vii) total net electricity interchange;
                          (viii) electricity interchange with directly 
                      interconnected balancing authorities; and
                          (ix) where available, the estimated marginal 
                      greenhouse gas emissions per megawatt hour of 
                      electricity generated--
                                    (I) within the metered boundaries of 
                                each balancing authority; and
                                    (II) for each pricing node.

    (b) Mix of Energy Sources.--
            (1) <<NOTE: Deadline. Determination.>>  In general.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Administrator shall establish, in accordance with section 40419 
        and this subsection and to the extent the Administrator 
        determines to be appropriate, a system to harmonize the 
        operating data on electricity generation collected under 
        subsection (a) with--

[[Page 135 STAT. 1040]]

                    (A) measurements of greenhouse gas and other 
                pollutant emissions collected by the Environmental 
                Protection Agency;
                    (B) other data collected by the Environmental 
                Protection Agency or other relevant Federal agencies, as 
                the Administrator determines to be appropriate; and
                    (C) data collected by State or regional energy 
                credit registries.
            (2) Outcomes.--The system established under paragraph (1) 
        shall result in an integrated dataset that includes, for any 
        given time--
                    (A) the net generation of electricity by megawatt 
                hour within the metered boundaries of each balancing 
                authority; and
                    (B) where available, the average and marginal 
                greenhouse gas emissions by megawatt hour of electricity 
                generated within the metered boundaries of each 
                balancing authority.
            (3) Real-time data dissemination.--To the maximum extent 
        practicable, the system established under paragraph (1) shall 
        disseminate data--
                    (A) on a real-time basis; and
                    (B) through an application programming interface 
                that is publicly accessible.
            (4) Complementary efforts.--The system established under 
        paragraph (1) shall complement any existing data dissemination 
        efforts of the Administrator that make use of electricity 
        generation data, such as electricity demand by subregion and 
        electricity interchange with directly interconnected balancing 
        authorities.

    (c) Observed Characteristics of Bulk Power System Resource 
Integration.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 1 year 
        after the date of enactment of this Act, the Administrator shall 
        establish a system to provide to the public timely data on the 
        integration of energy resources into the bulk power system and 
        the electric distribution grids in the United States, and the 
        observed effects of that integration.
            (2) Requirements.--In carrying out paragraph (1), the 
        Administrator shall seek to improve the temporal and spatial 
        resolution of data relating to how grid operations are changing, 
        such as through--
                    (A) thermal generator cycling to accommodate 
                intermittent generation;
                    (B) generation unit self-scheduling practices;
                    (C) renewable source curtailment;
                    (D) utility-scale storage;
                    (E) load response;
                    (F) aggregations of distributed energy resources at 
                the distribution system level;
                    (G) power interchange between directly connected 
                balancing authorities;
                    (H) expanding Regional Transmission Organization 
                balancing authorities;
                    (I) improvements in real-time--
                          (i) accuracy of locational marginal prices; 
                      and
                          (ii) signals to flexible demand; and

[[Page 135 STAT. 1041]]

                    (J) disruptions to grid operations, including 
                disruptions caused by cyber sources, physical sources, 
                extreme weather events, or other sources.

    (d) <<NOTE: Public information.>>  Distribution System Operations.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 1 year 
        after the date of enactment of this Act, the Administrator shall 
        establish a system to provide to the public timely data on the 
        operations of load-serving entities in the electricity grids of 
        the United States.
            (2) Requirements.--
                    (A) In general.--In carrying out paragraph (1), the 
                Administrator shall--
                          (i) <<NOTE: Deadline.>>  not less frequently 
                      than annually, provide data on--
                                    (I) the delivered generation 
                                resource mix for each load-serving 
                                entity; and
                                    (II) the distributed energy 
                                resources operating within each service 
                                area of a load-serving entity;
                          (ii) harmonize the data on delivered 
                      generation resource mix described in clause (i)(I) 
                      with measurements of greenhouse gas emissions 
                      collected by the Environmental Protection Agency;
                          (iii) to the maximum extent practicable, 
                      disseminate the data described in clause (i)(I) 
                      and the harmonized data described in clause (ii) 
                      on a real-time basis; and
                          (iv) <<NOTE: Deadline.>>  provide historical 
                      data, beginning with the earliest calendar year 
                      practicable, but not later than calendar year 
                      2020, on the delivered generation resource mix 
                      described in clause (i)(I).
                    (B) Data on the delivered generation resource mix.--
                In collecting the data described in subparagraph 
                (A)(i)(I), the Administrator shall--
                          (i) use existing voluntary industry 
                      methodologies, including reporting protocols, 
                      databases, and emissions and energy use tracking 
                      software that provide consistent, timely, and 
                      accessible carbon emissions intensity rates for 
                      delivered electricity;
                          (ii) consider that generation and transmission 
                      entities may provide data on behalf of load-
                      serving entities;
                          (iii) <<NOTE: Determination.>>  to the extent 
                      that the Administrator determines necessary, and 
                      in a manner designed to protect confidential 
                      information, require each load-serving entity to 
                      submit additional information as needed to 
                      determine the delivered generation resource mix of 
                      the load-serving entity, including financial or 
                      contractual agreements for power and generation 
                      resource type attributes with respect to power 
                      owned by or retired by the load-serving entity; 
                      and
                          (iv) for any portion of the generation 
                      resource mix of a load-serving entity that is 
                      otherwise unaccounted for, develop a methodology 
                      to assign to the load-serving entity a share of 
                      the otherwise unaccounted for resource mix of the 
                      relevant balancing authority.

[[Page 135 STAT. 1042]]

SEC. 40413. <<NOTE: 42 USC 18773.>>  EXPANSION OF ENERGY 
                            CONSUMPTION SURVEYS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 2 years after 
the date of enactment of this Act, the Administrator shall implement 
measures to expand the Manufacturing Energy Consumption Survey, the 
Commercial Building Energy Consumption Survey, and the Residential 
Energy Consumption Survey to include data on energy end use in order to 
facilitate the identification of--
            (1) opportunities to improve energy efficiency and energy 
        productivity;
            (2) changing patterns of energy use; and
            (3) opportunities to better understand and manage 
        miscellaneous electric loads.

    (b) Requirements.--
            (1) In general.--In carrying out subsection (a), the 
        Administrator shall--
                    (A) increase the scope and frequency of data 
                collection on energy end uses and services;
                    (B) use new data collection methods and tools in 
                order to obtain more comprehensive data and reduce the 
                burden on survey respondents, including by--
                          (i) accessing other existing data sources; and
                          (ii) if feasible, developing online and real-
                      time reporting systems;
                    (C) <<NOTE: Reports.>>  identify and report 
                community-level economic and environmental impacts, 
                including with respect to--
                          (i) the reliability and security of the energy 
                      supply; and
                          (ii) local areas with households with a high 
                      energy burden; and
                    (D) improve the presentation of data, including by--
                          (i) enabling the presentation of data in an 
                      interactive cartographic format on a national, 
                      regional, State, and local level with the 
                      functionality of viewing various economic, energy, 
                      and demographic measures on an individual basis or 
                      in combination; and
                          (ii) incorporating the results of the data 
                      collection, methods, and tools described in 
                      subparagraphs (A) and (B) into existing and new 
                      digital distribution methods.
            (2) Manufacturing energy consumption survey.--With respect 
        to the Manufacturing Energy Consumption Survey, the 
        Administrator shall--
                    (A) implement measures to provide more detailed 
                representations of data by region;
                    (B) for large manufacturing facilities, break out 
                process heat use by required process temperatures in 
                order to facilitate the identification of opportunities 
                for cost reductions and energy efficiency or energy 
                productivity improvements;
                    (C) collect information on--
                          (i) energy source-switching capabilities, 
                      especially with respect to thermal processes and 
                      the efficiency of thermal processes;
                          (ii) the use of electricity, biofuels, 
                      hydrogen, or other alternative fuels to produce 
                      process heat; and
                          (iii) the use of demand response; and
                    (D) identify current and potential future industrial 
                clusters in which multiple firms and facilities in a 
                defined

[[Page 135 STAT. 1043]]

                geographic area share the costs and benefits of 
                infrastructure for clean manufacturing, such as--
                          (i) hydrogen generation, production, 
                      transport, use, and storage infrastructure; and
                          (ii) carbon dioxide capture, transport, use, 
                      and storage infrastructure.
            (3) Residential energy consumption survey.--With respect to 
        the Residential Energy Consumption Survey, the Administrator 
        shall--
                    (A) implement measures to provide more detailed 
                representations of data by--
                          (i) geographic area, including by State (for 
                      each State);
                          (ii) building type, including multi-family 
                      buildings;
                          (iii) household income;
                          (iv) location in a rural area; and
                          (v) other demographic characteristics, as 
                      determined by the Administrator; and
                    (B) report measures of--
                          (i) household electrical service capacity;
                          (ii) access to utility demand-side management 
                      programs and bill credits;
                          (iii) characteristics of the energy mix used 
                      to generate electricity in different regions; and
                          (iv) the household energy burden for 
                      households--
                                    (I) in different geographic areas;
                                    (II) by electricity, heating, and 
                                other end-uses; and
                                    (III) with different demographic 
                                characteristics that correlate with 
                                increased household energy burden, 
                                including--
                                            (aa) having a low household 
                                        income;
                                            (bb) being a minority 
                                        household;
                                            (cc) residing in 
                                        manufactured or multifamily 
                                        housing;
                                            (dd) being in a fixed or 
                                        retirement income household;
                                            (ee) residing in rental 
                                        housing; and
                                            (ff) other factors, as 
                                        determined by the Administrator.
SEC. 40414. <<NOTE: 42 USC 18774.>>  DATA COLLECTION ON ELECTRIC 
                            VEHICLE INTEGRATION WITH THE 
                            ELECTRICITY GRIDS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after 
the date of enactment of this Act, the Administrator shall develop and 
implement measures to expand data collection with respect to electric 
vehicle integration with the electricity grids.

    (b) Sources of Data.--The sources of the data collected pursuant to 
subsection (a) may include--
            (1) host-owned or charging-network-owned electric vehicle 
        charging stations;
            (2) aggregators of charging-network electricity demand;
            (3) electric utilities offering managed-charging programs;
            (4) individual, corporate, or public owners of electric 
        vehicles; and
            (5) balancing authority analyses of--
                    (A) transformer loading congestion; and

[[Page 135 STAT. 1044]]

                    (B) distribution-system congestion.

    (c) Consultation and Coordination.--In carrying out subsection (a), 
the Administrator may consult and enter into agreements with other 
institutions having relevant data and data collection capabilities, such 
as--
            (1) the Secretary of Transportation;
            (2) the Secretary;
            (3) the Administrator of the Environmental Protection 
        Agency;
            (4) States or State agencies; and
            (5) private entities.
SEC. 40415. <<NOTE: 42 USC 18775.>>  PLAN FOR THE MODELING AND 
                            FORECASTING OF DEMAND FOR MINERALS 
                            USED IN THE ENERGY SECTOR.

    (a) Plan.--
            (1) <<NOTE: Deadline. Coordination.>> In general.--Not later 
        than 180 days after the date of enactment of this Act, the 
        Administrator, in coordination with the Director of the United 
        States Geological Survey, shall develop a plan for the modeling 
        and forecasting of demand for energy technologies, including for 
        energy production, transmission, or storage purposes, that use 
        minerals that are or could be designated as critical minerals.
            (2) Inclusions.--The plan developed under paragraph (1) 
        shall identify--
                    (A) the type and quantity of minerals consumed, 
                delineated by energy technology;
                    (B) existing markets for manufactured energy-
                producing, energy-transmission, and energy-storing 
                equipment; and
                    (C) emerging or potential markets for new energy-
                producing, energy-transmission, and energy-storing 
                technologies entering commercialization.

    (b) Metrics.--The plan developed under subsection (a)(1) shall 
produce forecasts of energy technology demand--
            (1) <<NOTE: Time periods.>>  over the 1-year, 5-year, and 
        10-year periods beginning on the date on which development of 
        the plan is completed;
            (2) by economic sector; and
            (3) <<NOTE: Determination.>>  according to any other 
        parameters that the Administrator, in collaboration with the 
        Secretary of the Interior, acting through the Director of the 
        United States Geological Survey, determines are needed for the 
        Annual Critical Minerals Outlook.

    (c) <<NOTE: Consultation.>>  Collaboration.--The Administrator shall 
develop the plan under subsection (a)(1) in consultation with--
            (1) the Secretary with respect to the possible trajectories 
        of emerging energy-producing and energy-storing technologies; 
        and
            (2) the Secretary of the Interior, acting through the 
        Director of the United States Geological Survey--
                    (A) to ensure coordination;
                    (B) to avoid duplicative effort; and
                    (C) to align the analysis of demand with data and 
                analysis of where the minerals are produced, refined, 
                and subsequently processed into materials and parts that 
                are used to build energy technologies.

[[Page 135 STAT. 1045]]

SEC. 40416. <<NOTE: 42 USC 18776.>>  EXPANSION OF INTERNATIONAL 
                            ENERGY DATA.

    (a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the 
date of enactment of this Act, the Administrator shall implement 
measures to expand and improve the international energy data resources 
of the Energy Information Administration in order to understand--
            (1) the production and use of energy in various countries;
            (2) changing patterns of energy use internationally;
            (3) the relative costs and environmental impacts of energy 
        production and use internationally; and
            (4) plans for or construction of major energy facilities or 
        infrastructure.

    (b) Requirements.--In carrying out subsection (a), the Administrator 
shall--
            (1) work with, and leverage the data resources of, the 
        International Energy Agency;
            (2) include detail on energy consumption by fuel, economic 
        sector, and end use within countries for which data are 
        available;
            (3) collect relevant measures of energy use, including--
                    (A) cost; and
                    (B) emissions intensity; and
            (4) provide tools that allow for straightforward country-to-
        country comparisons of energy production and consumption across 
        economic sectors and end uses.
SEC. 40417. PLAN FOR THE NATIONAL ENERGY MODELING SYSTEM.

     <<NOTE: Deadline.>> Not later than 180 days after the date of 
enactment of this Act, the Administrator shall develop a plan to 
identify any need or opportunity to update or further the capabilities 
of the National Energy Modeling System, including with respect to--
            (1) treating energy demand endogenously;
            (2) increased natural gas usage and increased market 
        penetration of renewable energy;
            (3) flexible operating modes of nuclear power plants, such 
        as load following and frequency control;
            (4) tools to model multiple-output energy systems that 
        provide hydrogen, high-value heat, electricity, and chemical 
        synthesis services, including interactions of those energy 
        systems with the electricity grids, pipeline networks, and the 
        broader economy;
            (5) demand response and improved representation of energy 
        storage, including long-duration storage, in capacity expansion 
        models;
            (6) electrification, particularly with respect to the 
        transportation, industrial, and buildings sectors;
            (7) increasing model resolution to represent all hours of 
        the year and all electricity generators;
            (8) wholesale electricity market design and the appropriate 
        valuation of all services that support the reliability of 
        electricity grids, such as--
                    (A) battery storage; and
                    (B) synthetic inertia from grid-tied inverters;
            (9) economic modeling of the role of energy efficiency, 
        demand response, electricity storage, and a variety of 
        distributed generation technologies;
            (10) the production, transport, use, and storage of carbon 
        dioxide, hydrogen, and hydrogen carriers;

[[Page 135 STAT. 1046]]

            (11) greater flexibility in--
                    (A) the modeling of the environmental impacts of 
                electricity systems, such as--
                          (i) emissions of greenhouse gases and other 
                      pollutants; and
                          (ii) the use of land and water resources; and
                    (B) the ability to support climate modeling, such as 
                the climate modeling performed by the Office of 
                Biological and Environmental Research in the Office of 
                Science of the Department;
            (12) technologies that are in an early stage of commercial 
        deployment and have been identified by the Secretary as 
        candidates for large-scale demonstration projects, such as--
                    (A) carbon capture, transport, use, and storage from 
                any source or economic sector;
                    (B) direct air capture;
                    (C) hydrogen production, including via electrolysis;
                    (D) synthetic and biogenic hydrocarbon liquid and 
                gaseous fuels;
                    (E) supercritical carbon dioxide combustion 
                turbines;
                    (F) industrial fuel cell and hydrogen combustion 
                equipment; and
                    (G) industrial electric boilers;
            (13) increased and improved data sources and tools, 
        including--
                    (A) the establishment of technology and cost 
                baselines, including technology learning rates;
                    (B) economic and employment impacts of energy system 
                policies and energy prices on households, as a function 
                of household income and region; and
                    (C) the use of behavioral economics to inform demand 
                modeling in all sectors; and
            (14) striving to migrate toward a single, consistent, and 
        open-source modeling platform, and increasing open access to 
        model systems, data, and outcomes, for--
                    (A) disseminating reference scenarios that can be 
                transparently and broadly replicated; and
                    (B) promoting the development of the researcher and 
                analyst workforce needed to continue the development and 
                validation of improved energy system models in the 
                future.
SEC. 40418. REPORT ON COSTS OF CARBON ABATEMENT IN THE ELECTRICITY 
                            SECTOR.

    Not later than 270 days after the date of enactment of this Act, the 
Administrator shall submit to Congress a report on--
            (1) the potential use of levelized cost of carbon abatement 
        or a similar metric in analyzing generators of electricity, 
        including an identification of limitations and appropriate uses 
        of the metric;
            (2) the feasibility and impact of incorporating levelized 
        cost of carbon abatement in long-term forecasts--
                    (A) to compare technical approaches and understand 
                real-time changes in fossil-fuel and nuclear dispatch;
                    (B) to compare the system-level costs of technology 
                options to reduce emissions; and

[[Page 135 STAT. 1047]]

                    (C) to compare the costs of policy options, 
                including current policies, regarding valid and 
                verifiable reductions and removals of carbon; and
            (3)(A) a potential process to measure carbon dioxide 
        emissions intensity per unit of output production for a range 
        of--
                          (i) energy sources;
                          (ii) sectors; and
                          (iii) geographic regions; and
                    (B) a corresponding process to provide an empirical 
                framework for reporting the status and costs of carbon 
                dioxide reduction relative to specified goals.
SEC. 40419. <<NOTE: Deadline. Determinations. 42 USC 18777.>>  
                            HARMONIZATION OF EFFORTS AND DATA.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator shall establish a system to harmonize, to the maximum 
extent practicable and consistent with data integrity--
            (1) the data collection efforts of the Administrator, 
        including any data collection required under this subtitle, with 
        the data collection efforts of--
                    (A) the Environmental Protection Agency, as the 
                Administrator determines to be appropriate;
                    (B) other relevant Federal agencies, as the 
                Administrator determines to be appropriate; and
                    (C) State or regional energy credit registries, as 
                the Administrator determines to be appropriate;
            (2) the data collected under this subtitle, including the 
        operating data on electricity generation collected under section 
        40412(a), with data collected by the entities described in 
        subparagraphs (A) through (C) of paragraph (1), including any 
        measurements of greenhouse gas and other pollutant emissions 
        collected by the Environmental Protection Agency, as the 
        Administrator determines to be appropriate; and
            (3) the efforts of the Administrator to identify and report 
        relevant impacts, opportunities, and patterns with respect to 
        energy use, including the identification of community-level 
        economic and environmental impacts required under section 
        40413(b)(1)(C), with the efforts of the Environmental Protection 
        Agency and other relevant Federal agencies, as determined by the 
        Administrator, to identify similar impacts, opportunities, and 
        patterns.

                        Subtitle C--Miscellaneous

SEC. 40431. CONSIDERATION OF MEASURES TO PROMOTE GREATER 
                            ELECTRIFICATION OF THE TRANSPORTATION 
                            SECTOR.

    (a) In General.--Section 111(d) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 
40104(a)(1)) is amended by adding at the end the following:
            ``(21) Electric vehicle charging programs.--Each State shall 
        consider measures to promote greater electrification of the 
        transportation sector, including the establishment of rates 
        that--
                    ``(A) promote affordable and equitable electric 
                vehicle charging options for residential, commercial, 
                and public electric vehicle charging infrastructure;

[[Page 135 STAT. 1048]]

                    ``(B) improve the customer experience associated 
                with electric vehicle charging, including by reducing 
                charging times for light-, medium-, and heavy-duty 
                vehicles;
                    ``(C) accelerate third-party investment in electric 
                vehicle charging for light-, medium-, and heavy-duty 
                vehicles; and
                    ``(D) appropriately recover the marginal costs of 
                delivering electricity to electric vehicles and electric 
                vehicle charging infrastructure.''.

    (b) Compliance.--
            (1) Time limitation.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended 
        by section 40104(a)(2)(A)) is amended by adding at the end the 
        following:
            ``(8)(A) <<NOTE: Deadlines.>> Not later than 1 year after 
        the date of enactment of this paragraph, each State regulatory 
        authority (with respect to each electric utility for which the 
        State has ratemaking authority) and each nonregulated utility 
        shall commence consideration under section 111, or set a hearing 
        date for consideration, with respect to the standard established 
        by paragraph (21) of section 111(d).
                    ``(B) Not later than 2 years after the date of 
                enactment of this paragraph, each State regulatory 
                authority (with respect to each electric utility for 
                which the State has ratemaking authority), and each 
                nonregulated electric utility shall complete the 
                consideration and make the determination under section 
                111 with respect to the standard established by 
                paragraph (21) of section 111(d).''.
            (2) Failure to comply.--Section 112(c) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as amended 
        by section 40104(a)(2)(B)(i)) is amended by adding at the end 
        the following: ``In the case of the standard established by 
        paragraph (21) of section 111(d), the reference contained in 
        this subsection to the date of enactment of this Act shall be 
        deemed to be a reference to the date of enactment of that 
        paragraph (21).''.
            (3) Prior state actions.--
                    (A) In general.--Section 112 of the Public Utility 
                Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as 
                amended by section 40104(a)(2)(C)(i)) is amended by 
                adding at the end the following:

    ``(h) Other Prior State Actions.--Subsections (b) and (c) shall not 
apply to the standard established by paragraph (21) of section 111(d) in 
the case of any electric utility in a State if, before the date of 
enactment of this subsection--
            ``(1) the State has implemented for the electric utility the 
        standard (or a comparable standard);
            ``(2) the State regulatory authority for the State or the 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard (or a 
        comparable standard) for the electric utility; or
            ``(3) <<NOTE: Time period.>> the State legislature has voted 
        on the implementation of the standard (or a comparable standard) 
        for the electric utility during the 3-year period ending on that 
        date of enactment.''.
                    (B) Cross-reference.--Section 124 of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634)

[[Page 135 STAT. 1049]]

                (as amended by section 40104(a)(2)(C)(ii)(II)) is 
                amended by adding at the end the following: ``In the 
                case of the standard established by paragraph (21) of 
                section 111(d), the reference contained in this section 
                to the date of enactment of this Act shall be deemed to 
                be a reference to the date of enactment of that 
                paragraph (21).''.
SEC. 40432. OFFICE OF PUBLIC PARTICIPATION.

    Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A), by striking the third 
                sentence; and
                    (B) in subparagraph (B)--
                          (i) by striking the third sentence and 
                      inserting the following: ``The Director shall be 
                      compensated at a rate of pay not greater than the 
                      maximum rate of pay prescribed for a senior 
                      executive in the Senior Executive Service under 
                      section 5382 of title 5, United States Code.''; 
                      and
                          (ii) by striking the first sentence; and
            (2) in subsection (b), by striking paragraph (4).
SEC. 40433. DIGITAL CLIMATE SOLUTIONS REPORT.

    (a) <<NOTE: Consultation. Assessments.>> In General.--Not later than 
1 year after the date of enactment of this Act, the Secretary, in 
consultation with appropriate Federal agencies and relevant 
stakeholders, shall submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Energy and Commerce of the 
House of Representatives a report that assesses using digital tools and 
platforms as climate solutions, including--
            (1) artificial intelligence and machine learning;
            (2) blockchain technologies and distributed ledgers;
            (3) crowdsourcing platforms;
            (4) the Internet of Things;
            (5) distributed computing for the grid; and
            (6) software and systems.

    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) as practicable, a full inventory and assessment of 
        digital climate solutions;
            (2) <<NOTE: Analysis.>>  an analysis of how the private 
        sector can utilize the digital tools and platforms included in 
        the inventory under paragraph (1) to accelerate digital climate 
        solutions; and
            (3) <<NOTE: Summary.>>  a summary of opportunities to 
        enhance the standardization of voluntary and regulatory climate 
        disclosure protocols, including enabling the data to be 
        disseminated through an application programming interface that 
        is accessible to the public.
SEC. 40434. STUDY AND REPORT BY THE SECRETARY OF ENERGY ON JOB 
                            LOSS AND IMPACTS ON CONSUMER ENERGY 
                            COSTS DUE TO THE REVOCATION OF THE 
                            PERMIT FOR THE KEYSTONE XL PIPELINE.

    (a) Definition of Executive Order.--In this section, the term 
``Executive Order'' means Executive Order 13990 (86 Fed. Reg. 7037; 
relating to protecting public health and the environment and restoring 
science to tackle the climate crisis).

[[Page 135 STAT. 1050]]

    (b) Study and Report.--The Secretary shall--
            (1) <<NOTE: Estimates. Time period.>> conduct a study to 
        estimate--
                    (A) the total number of jobs that were lost as a 
                direct or indirect result of section 6 of the Executive 
                Order over the 10-year period beginning on the date on 
                which the Executive Order was issued; and
                    (B) the impact on consumer energy costs that are 
                projected to result as a direct or indirect result of 
                section 6 of the Executive Order over the 10-year period 
                beginning on the date on which the Executive Order was 
                issued; and
            (2) not later than 90 days after the date of enactment of 
        this Act, submit to Congress a report describing the findings of 
        the study conducted under paragraph (1).
SEC. 40435. <<NOTE: Reports.>> STUDY ON IMPACT OF ELECTRIC 
                            VEHICLES.

    Not later than 120 days after the date of enactment of this Act, the 
Secretary shall conduct, and submit to Congress a report describing the 
results of, a study on the cradle to grave environmental impact of 
electric vehicles.
SEC. 40436. <<NOTE: Deadline. Coordination.>> STUDY ON IMPACT OF 
                            FORCED LABOR IN CHINA ON THE ELECTRIC 
                            VEHICLE SUPPLY CHAIN.

    Not later than 120 days after the date of enactment of this Act, the 
Secretary, in coordination with the Secretary of State and the Secretary 
of Commerce, shall study the impact of forced labor in China on the 
electric vehicle supply chain.

         TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE

        Subtitle A--Residential and Commercial Energy Efficiency

SEC. 40501. <<NOTE: 42 USC 18791.>>  DEFINITIONS.

    In this subtitle:
            (1) Priority state.--The term ``priority State'' means a 
        State that--
                    (A) is eligible for funding under the State Energy 
                Program; and
                    (B)(i) is among the 15 States with the highest 
                annual per-capita combined residential and commercial 
                sector energy consumption, as most recently reported by 
                the Energy Information Administration; or
                    (ii) is among the 15 States with the highest annual 
                per-capita energy-related carbon dioxide emissions by 
                State, as most recently reported by the Energy 
                Information Administration.
            (2) Program.--The term ``program'' means the program 
        established under section 40502(a).
            (3) State.--The term ``State'' means a State (as defined in 
        section 3 of the Energy Policy and Conservation Act (42 U.S.C. 
        6202)), acting through a State energy office.
            (4) State energy program.--The term ``State Energy Program'' 
        means the State Energy Program established under

[[Page 135 STAT. 1051]]

        part D of title III of the Energy Policy and Conservation Act 
        (42 U.S.C. 6321 et seq.).
SEC. 40502. <<NOTE: 42 USC 18792.>>  ENERGY EFFICIENCY REVOLVING 
                            LOAN FUND CAPITALIZATION GRANT 
                            PROGRAM.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after 
the date of enactment of this Act, under the State Energy Program, the 
Secretary shall establish a program under which the Secretary shall 
provide capitalization grants to States to establish a revolving loan 
fund under which the State shall provide loans and grants, as 
applicable, in accordance with this section.

    (b) Distribution of Funds.--
            (1) All states.--
                    (A) In general.--Of the amounts made available under 
                subsection (j), the Secretary shall use 40 percent to 
                provide capitalization grants to States that are 
                eligible for funding under the State Energy Program, in 
                accordance with the allocation formula established under 
                section 420.11 of title 10, Code of Federal Regulations 
                (or successor regulations).
                    (B) Remaining funding.--After applying the 
                allocation formula described in subparagraph (A), the 
                Secretary shall redistribute any unclaimed funds to the 
                remaining States seeking capitalization grants under 
                that subparagraph.
            (2) Priority states.--
                    (A) <<NOTE: Determination.>> In general.--Of the 
                amounts made available under subsection (j), the 
                Secretary shall use 60 percent to provide supplemental 
                capitalization grants to priority States in accordance 
                with an allocation formula determined by the Secretary.
                    (B) Remaining funding.--After applying the 
                allocation formula described in subparagraph (A), the 
                Secretary shall redistribute any unclaimed funds to the 
                remaining priority States seeking supplemental 
                capitalization grants under that subparagraph.
                    (C) Grant amount.--
                          (i) Maximum amount.--The amount of a 
                      supplemental capitalization grant provided to a 
                      State under this paragraph shall not exceed 
                      $15,000,000.
                          (ii) Supplement not supplant.--A supplemental 
                      capitalization grant received by a State under 
                      this paragraph shall supplement, not supplant, a 
                      capitalization grant received by that State under 
                      paragraph (1).

    (c) Applications for Capitalization Grants.--A State seeking a 
capitalization grant under the program shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including--
            (1) <<NOTE: Plan.>>  a detailed explanation of how the grant 
        will be used, including a plan to establish a new revolving loan 
        fund or use an existing revolving loan fund;
            (2) <<NOTE: Audits.>>  the need of eligible recipients for 
        loans and grants in the State for assistance with conducting 
        energy audits;
            (3) a description of the expected benefits that building 
        infrastructure and energy system upgrades and retrofits will 
        have on communities in the State; and

[[Page 135 STAT. 1052]]

            (4) in the case of a priority State seeking a supplemental 
        capitalization grant under subsection (b)(2), a justification 
        for needing the supplemental funding.

    (d) Timing.--
            (1) In general.--The Secretary shall establish a timeline 
        with dates by, or periods by the end of, which a State shall--
                    (A) on receipt of a capitalization grant under the 
                program, deposit the grant funds into a revolving loan 
                fund; and
                    (B) begin using the capitalization grant as 
                described in subsection (e)(1).
            (2) Use <<NOTE: Requirement. Deadline.>>  of grant.--Under 
        the timeline established under paragraph (1), a State shall be 
        required to begin using a capitalization grant not more than 180 
        days after the date on which the grant is received.

    (e) Use of Grant Funds.--
            (1) In general.--A State that receives a capitalization 
        grant under the program--
                    (A) <<NOTE: Loans.>> shall provide loans in 
                accordance with paragraph (2); and
                    (B) may provide grants in accordance with paragraph 
                (3).
            (2) Loans.--
                    (A) Commercial energy audit.--
                          (i) In general.--A State that receives a 
                      capitalization grant under the program may provide 
                      a loan to an eligible recipient described in 
                      clause (iv) to conduct a commercial energy audit.
                          (ii) Audit requirements.--A commercial energy 
                      audit conducted using a loan provided under clause 
                      (i) shall--
                                    
                                (I) <<NOTE: Determination.>> determine 
                                the overall consumption of energy of the 
                                facility of the eligible recipient;
                                    (II) <<NOTE: Recommenda- 
                                tions.>> identify and recommend 
                                lifecycle cost-effective opportunities 
                                to reduce the energy consumption of the 
                                facility of the eligible recipient, 
                                including through energy efficient--
                                            (aa) lighting;
                                            (bb) heating, ventilation, 
                                        and air conditioning systems;
                                            (cc) windows;
                                            (dd) appliances; and
                                            (ee) insulation and building 
                                        envelopes;
                                    (III) <<NOTE: Cost estimate.>>  
                                estimate the energy and cost savings 
                                potential of the opportunities 
                                identified in subclause (II) using 
                                software approved by the Secretary;
                                    (IV) identify--
                                            (aa) the period and level of 
                                        peak energy demand for each 
                                        building within the facility of 
                                        the eligible recipient; and
                                            (bb) the sources of energy 
                                        consumption that are 
                                        contributing the most to that 
                                        period of peak energy demand;
                                    (V) <<NOTE: Recommenda- 
                                tion.>> recommend controls and 
                                management systems to reduce or 
                                redistribute peak energy consumption; 
                                and

[[Page 135 STAT. 1053]]

                                    (VI) <<NOTE: Cost 
                                estimate.>> estimate the total energy 
                                and cost savings potential for the 
                                facility of the eligible recipient if 
                                all recommended upgrades and retrofits 
                                are implemented, using software approved 
                                by the Secretary.
                          (iii) Additional audit inclusions.--A 
                      commercial energy audit conducted using a loan 
                      provided under clause (i) may recommend strategies 
                      to increase energy efficiency of the facility of 
                      the eligible recipient through use of electric 
                      systems or other high-efficiency systems utilizing 
                      fuels, including natural gas and hydrogen.
                          (iv) Eligible recipients.--An eligible 
                      recipient under clause (i) is a business that--
                                    (I) conducts the majority of its 
                                business in the State that provides the 
                                loan under that clause; and
                                    (II) owns or operates--
                                            (aa) 1 or more commercial 
                                        buildings; or
                                            (bb) commercial space within 
                                        a building that serves multiple 
                                        functions, such as a building 
                                        for commercial and residential 
                                        operations.
                    (B) Residential energy audits.--
                          (i) In general.--A State that receives a 
                      capitalization grant under the program may provide 
                      a loan to an eligible recipient described in 
                      clause (iv) to conduct a residential energy audit.
                          (ii) Residential energy audit requirements.--A 
                      residential energy audit conducted using a loan 
                      under clause (i) shall--
                                    (I) utilize the same evaluation 
                                criteria as the Home Performance 
                                Assessment used in the Energy Star 
                                program established under section 324A 
                                of the Energy Policy and Conservation 
                                Act (42 U.S.C. 6294a);
                                    (II) <<NOTE: Recommenda- tion.>>  
                                recommend lifecycle cost-effective 
                                opportunities to reduce energy 
                                consumption within the residential 
                                building of the eligible recipient, 
                                including through energy efficient--
                                            (aa) lighting;
                                            (bb) heating, ventilation, 
                                        and air conditioning systems;
                                            (cc) windows;
                                            (dd) appliances; and
                                            (ee) insulation and building 
                                        envelopes;
                                    (III) <<NOTE: Recommenda- 
                                tion.>> recommend controls and 
                                management systems to reduce or 
                                redistribute peak energy consumption;
                                    (IV) compare the energy consumption 
                                of the residential building of the 
                                eligible recipient to comparable 
                                residential buildings in the same 
                                geographic area; and
                                    (V) <<NOTE: Determination.>> provide 
                                a Home Energy Score, or equivalent score 
                                (as determined by the Secretary), for 
                                the residential building of the eligible 
                                recipient by using the Home Energy Score 
                                Tool of the Department or an equivalent 
                                scoring tool.

[[Page 135 STAT. 1054]]

                          (iii) Additional audit inclusions.--A 
                      residential energy audit conducted using a loan 
                      provided under clause (i) may recommend strategies 
                      to increase energy efficiency of the facility of 
                      the eligible recipient through use of electric 
                      systems or other high-efficiency systems utilizing 
                      fuels, including natural gas and hydrogen.
                          (iv) Eligible recipients.--An eligible 
                      recipient under clause (i) is--
                                    (I) an individual who owns--
                                            (aa) a single family home;
                                            (bb) a condominium or 
                                        duplex; or
                                            (cc) a manufactured housing 
                                        unit; or
                                    (II) a business that owns or 
                                operates a multifamily housing facility.
                    (C) Commercial and residential energy upgrades and 
                retrofits.--
                          (i) In general.--A State that receives a 
                      capitalization grant under the program may provide 
                      a loan to an eligible recipient described in 
                      clause (ii) to carry out upgrades or retrofits of 
                      building infrastructure and systems that--
                                    (I) are recommended in the 
                                commercial energy audit or residential 
                                energy audit, as applicable, completed 
                                for the building or facility of the 
                                eligible recipient;
                                    (II) satisfy at least 1 of the 
                                criteria in the Home Performance 
                                Assessment used in the Energy Star 
                                program established under section 324A 
                                of the Energy Policy and Conservation 
                                Act (42 U.S.C. 6294a);
                                    (III) improve, with respect to the 
                                building or facility of the eligible 
                                recipient--
                                            (aa) the physical comfort of 
                                        the building or facility 
                                        occupants;
                                            (bb) the energy efficiency 
                                        of the building or facility; or
                                            (cc) the quality of the air 
                                        in the building or facility; and
                                    (IV)(aa) are lifecycle cost-
                                effective; and
                                    (bb)(AA) reduce the energy intensity 
                                of the building or facility of the 
                                eligible recipient; or
                                    (BB) improve the control and 
                                management of energy usage of the 
                                building or facility to reduce demand 
                                during peak times.
                          (ii) Eligible recipients.--An eligible 
                      recipient under clause (i) is an eligible 
                      recipient described in subparagraph (A)(iv) or 
                      (B)(iv) that--
                                    (I) has completed a commercial 
                                energy audit described in subparagraph 
                                (A) or a residential energy audit 
                                described in subparagraph (B) using a 
                                loan provided under the applicable 
                                subparagraph; or
                                    (II) has completed a commercial 
                                energy audit or residential energy audit 
                                that--
                                            (aa) was not funded by a 
                                        loan under this paragraph; and

[[Page 135 STAT. 1055]]

                                            (bb)(AA) meets the 
                                        requirements for the applicable 
                                        audit under subparagraph (A) or 
                                        (B), as applicable; or
                                            
                                        (BB) <<NOTE: Determination.>>  
                                        the Secretary determines is 
                                        otherwise satisfactory.
                          (iii) Loan term.--
                                    (I) In general.--A loan provided 
                                under this subparagraph shall be 
                                required to be fully amortized by the 
                                earlier of--
                                            (aa) subject to subclause 
                                        (II), the year in which the 
                                        upgrades or retrofits carried 
                                        out using the loan exceed their 
                                        expected useful life; and
                                            (bb) <<NOTE: Time 
                                        period.>> 15 years after those 
                                        upgrades or retrofits are 
                                        installed.
                                    (II) Calculation.--For purposes of 
                                subclause (I)(aa), in the case of a loan 
                                being used to fund multiple upgrades or 
                                retrofits, the longest-lived upgrade or 
                                retrofit shall be used to calculate the 
                                year in which the upgrades or retrofits 
                                carried out using the loan exceed their 
                                expected useful life.
                    (D) <<NOTE: Determination. Cost estimates.>>  
                Referral to qualified contractors.--Following the 
                completion of an audit under subparagraph (A) or (B) by 
                an eligible recipient of a loan under the applicable 
                subparagraph, the State may refer the eligible recipient 
                to a qualified contractor, as determined by the State, 
                to estimate--
                          (i) the upfront capital cost of each 
                      recommended upgrade; and
                          (ii) the total upfront capital cost of 
                      implementing all recommended upgrades.
                    (E) Loan recipients.--Each State providing loans 
                under this paragraph shall, to the maximum extent 
                practicable, provide loans to eligible recipients that 
                do not have access to private capital.
            (3) Grants and technical assistance.--
                    (A) In general.--A State that receives a 
                capitalization grant under the program may use not more 
                than 25 percent of the grant funds to provide grants or 
                technical assistance to eligible entities described in 
                subparagraph (B) to carry out the activities described 
                in subparagraphs (A), (B), and (C) of paragraph (2).
                    (B) Eligible entity.--An entity eligible for a grant 
                or technical assistance under subparagraph (A) is--
                          (i) a business that--
                                    (I) is an eligible recipient 
                                described in paragraph (2)(A)(iv); and
                                    (II) has fewer than 500 employees; 
                                or
                          (ii) a low-income individual (as defined in 
                      section 3 of the Workforce Innovation and 
                      Opportunity Act (29 U.S.C. 3102)) that owns a 
                      residential building.
            (4) <<NOTE: Deadline.>> Final assessment.--A State that 
        provides a capitalization grant under paragraph (2)(C) to an 
        eligible recipient described in clause (ii) of that paragraph 
        may, not later than 1 year after the date on which the upgrades 
        or retrofits funded by the grant under that paragraph are 
        completed, provide

[[Page 135 STAT. 1056]]

        to the eligible recipient a loan or, in accordance with 
        paragraph (3), a grant to conduct a final energy audit that 
        assesses the total energy savings from the upgrades or 
        retrofits.
            (5) Administrative expenses.--A State that receives a 
        capitalization grant under the program may use not more than 10 
        percent of the grant funds for administrative expenses.

    (f) Coordination With Existing Programs.--A State receiving a 
capitalization grant under the program is encouraged to utilize and 
build on existing programs and infrastructure within the State that may 
aid the State in carrying out a revolving loan fund program.
    (g) Leveraging Private Capital.--A State receiving a capitalization 
grant under the program shall, to the maximum extent practicable, use 
the grant to leverage private capital.
    (h) Outreach.--The Secretary shall engage in outreach to inform 
States of the availability of capitalization grants under the program.
    (i) Report.--Each State that receives a capitalization grant under 
the program shall, not later than 2 years after a grant is received, 
submit to the Secretary a report that describes--
            (1) the number of recipients to which the State has 
        distributed--
                    (A) loans for--
                          (i) commercial energy audits under subsection 
                      (e)(2)(A);
                          (ii) residential energy audits under 
                      subsection (e)(2)(B);
                          (iii) energy upgrades and retrofits under 
                      subsection (e)(2)(C); and
                    (B) grants under subsection (e)(3); and
            (2) the average capital cost of upgrades and retrofits 
        across all commercial energy audits and residential energy 
        audits that were conducted in the State using loans provided by 
        the State under subsection (e).

    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $250,000,000 for 
fiscal year 2022, to remain available until expended.
SEC. 40503. <<NOTE: 42 USC 18793.>>  ENERGY AUDITOR TRAINING GRANT 
                            PROGRAM.

    (a) Definitions.--In this section:
            (1) Covered certification.--The term ``covered 
        certification'' means any of the following certifications:
                    (A) The American Society of Heating, Refrigerating 
                and Air-Conditioning Engineers Building Energy 
                Assessment Professional certification.
                    (B) The Association of Energy Engineers Certified 
                Energy Auditor certification.
                    (C) The Building Performance Institute Home Energy 
                Professional Energy Auditor certification.
                    (D) The Residential Energy Services Network Home 
                Energy Rater certification.
                    (E) Any other third-party certification recognized 
                by the Department.
                    (F) Any third-party certification that the Secretary 
                determines is equivalent to the certifications described 
                in subparagraphs (A) through (E).

[[Page 135 STAT. 1057]]

            (2) Eligible state.--The term ``eligible State'' means a 
        State that--
                    (A) has a demonstrated need for assistance for 
                training energy auditors; and
                    (B) meets any additional criteria determined 
                necessary by the Secretary.

    (b) Establishment.--Under the State Energy Program, the Secretary 
shall establish a competitive grant program under which the Secretary 
shall award grants to eligible States to train individuals to conduct 
energy audits or surveys of commercial and residential buildings.
    (c) Applications.--
            (1) In general.--A State seeking a grant under subsection 
        (b) shall submit to the Secretary an application at such time, 
        in such manner, and containing such information as the Secretary 
        may require, including the energy auditor training program plan 
        described in paragraph (2).
            (2) Energy auditor training program plan.--An energy auditor 
        training program plan submitted with an application under 
        paragraph (1) shall include--
                    (A)(i) a proposed training curriculum for energy 
                audit trainees; and
                    (ii) an identification of the covered certification 
                that those trainees will receive on completion of that 
                training curriculum;
                    (B) the expected per-individual cost of training;
                    (C) a plan for connecting trainees with employment 
                opportunities; and
                    (D) any additional information required by the 
                Secretary.

    (d) Amount of Grant.--The amount of a grant awarded to an eligible 
State under subsection (b)--
            (1) <<NOTE: Determination.>> shall be determined by the 
        Secretary, taking into account the population of the eligible 
        State; and
            (2) shall not exceed $2,000,000 for any eligible State.

    (e) Use of Funds.--
            (1) In general.--An eligible State that receives a grant 
        under subsection (b) shall use the grant funds--
                    (A) to cover any cost associated with individuals 
                being trained or certified to conduct energy audits by--
                          (i) the State; or
                          (ii) a State-certified third party training 
                      program; and
                    (B) subject to paragraph (2), to pay the wages of a 
                trainee during the period in which the trainee receives 
                training and certification.
            (2) Limitation.--Not more than 10 percent of grant funds 
        provided under subsection (b) to an eligible State may be used 
        for the purpose described in paragraph (1)(B).

    (f) Consultation.--In carrying out this section, the Secretary shall 
consult with the Secretary of Labor.
    (g) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $40,000,000 for the period of fiscal years 2022 through 2026.

[[Page 135 STAT. 1058]]

                          Subtitle B--Buildings

SEC. 40511. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND 
                            RESILIENCE.

    (a) In General.--Title III of the Energy Conservation and Production 
Act (42 U.S.C. 6831 et seq.) is amended by adding at the end the 
following:
``SEC. 309. <<NOTE: 42 USC 6838.>>  COST-EFFECTIVE CODES 
                        IMPLEMENTATION FOR EFFICIENCY AND 
                        RESILIENCE.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a relevant State agency, as determined by the 
                Secretary, such as a State building code agency, State 
                energy office, or Tribal energy office; and
                    ``(B) a partnership.
            ``(2) Partnership.--The term `partnership' means a 
        partnership between an eligible entity described in paragraph 
        (1)(A) and 1 or more of the following entities:
                    ``(A) Local building code agencies.
                    ``(B) Codes and standards developers.
                    ``(C) Associations of builders and design and 
                construction professionals.
                    ``(D) Local and utility energy efficiency programs.
                    ``(E) Consumer, energy efficiency, and environmental 
                advocates.
                    ``(F) <<NOTE: Determination.>> Other entities, as 
                determined by the Secretary.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Energy.

    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish within the 
        Building Technologies Office of the Department of Energy a 
        program under which the Secretary shall award grants on a 
        competitive basis to eligible entities to enable sustained cost-
        effective implementation of updated building energy codes.
            ``(2) Updated building energy code.--An update to a building 
        energy code under this section, including an amendment that 
        results in increased efficiency compared to the previously 
        adopted building energy code, shall include any update made 
        available after the existing building energy code, even if it is 
        not the most recent updated code available.

    ``(c) Criteria; Priority.--In awarding grants under subsection (b), 
the Secretary shall--
            ``(1) consider--
                    ``(A) prospective energy savings and plans to 
                measure the savings, including utilizing the 
                Environmental Protection Agency Portfolio Manager, the 
                Home Energy Score rating of the Office of Energy 
                Efficiency and Renewable Energy of the Department of 
                Energy, the Energy Star Building rating methodologies of 
                the Environmental Protection Agency, and other 
                methodologies determined appropriate by the Secretary;
                    ``(B) the long-term sustainability of those measures 
                and savings;
                    ``(C) prospective benefits, and plans to assess the 
                benefits, including benefits relating to--

[[Page 135 STAT. 1059]]

                          ``(i) resilience and peak load reduction;
                          ``(ii) occupant safety and health; and
                          ``(iii) environmental performance;
                    ``(D) the demonstrated capacity of the eligible 
                entity to carry out the proposed project; and
                    ``(E) the need of the eligible entity for 
                assistance; and
            ``(2) give priority to applications from partnerships.

    ``(d) Eligible Activities.--
            ``(1) In general.--An eligible entity awarded a grant under 
        this section may use the grant funds--
                    ``(A) to create or enable State or regional 
                partnerships to provide training and materials to--
                          ``(i) builders, contractors and 
                      subcontractors, architects, and other design and 
                      construction professionals, relating to meeting 
                      updated building energy codes in a cost-effective 
                      manner; and
                          ``(ii) building code officials, relating to 
                      improving implementation of and compliance with 
                      building energy codes;
                    ``(B) <<NOTE: Data.>>  to collect and disseminate 
                quantitative data on construction and codes 
                implementation, including code pathways, performance 
                metrics, and technologies used;
                    ``(C) <<NOTE: Plan.>> to develop and implement a 
                plan for highly effective codes implementation, 
                including measuring compliance;
                    ``(D) to address various implementation needs in 
                rural, suburban, and urban areas; and
                    ``(E) <<NOTE: Updates.>> to implement updates in 
                energy codes for--
                          ``(i) new residential and commercial buildings 
                      (including multifamily buildings); and
                          ``(ii) additions and alterations to existing 
                      residential and commercial buildings (including 
                      multifamily buildings).
            ``(2) Related topics.--Training and materials provided using 
        a grant under this section may include information on the 
        relationship between energy codes and--
                    ``(A) cost-effective, high-performance, and zero-
                net-energy buildings;
                    ``(B) improving resilience, health, and safety;
                    ``(C) water savings and other environmental impacts; 
                and
                    ``(D) the economic impacts of energy codes.

    ``(e) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $225,000,000 for the period of fiscal years 2022 through 
2026.''.

    (b) Conforming Amendment.--Section 303 of the Energy Conservation 
and Production Act (42 U.S.C. 6832) is amended, in the matter preceding 
paragraph (1), by striking ``As used in'' and inserting ``Except as 
otherwise provided, in''.
SEC. 40512. <<NOTE: Grants. 42 USC 18801.>>  BUILDING, TRAINING, 
                            AND ASSESSMENT CENTERS.

    (a) In General.--The Secretary shall provide grants to institutions 
of higher education (as defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as 
defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to establish 
building training and assessment centers--

[[Page 135 STAT. 1060]]

            (1) to identify opportunities for optimizing energy 
        efficiency and environmental performance in buildings;
            (2) to promote the application of emerging concepts and 
        technologies in commercial and institutional buildings;
            (3) to train engineers, architects, building scientists, 
        building energy permitting and enforcement officials, and 
        building technicians in energy-efficient design and operation;
            (4) to assist institutions of higher education and Tribal 
        Colleges or Universities in training building technicians;
            (5) to promote research and development for the use of 
        alternative energy sources and distributed generation to supply 
        heat and power for buildings, particularly energy-intensive 
        buildings; and
            (6) <<NOTE: Coordination.>> to coordinate with and assist 
        State-accredited technical training centers, community colleges, 
        Tribal Colleges or Universities, and local offices of the 
        National Institute of Food and Agriculture and ensure 
        appropriate services are provided under this section to each 
        region of the United States.

    (b) Coordination and Nonduplication.--
            (1) In general.--The Secretary shall coordinate the program 
        with the industrial research and assessment centers program 
        under section 457 of the Energy Independence and Security Act of 
        2007 (as added by section 40521(b)) and with other Federal 
        programs to avoid duplication of effort.
            (2) Collocation.--To the maximum extent practicable, 
        building, training, and assessment centers established under 
        this section shall be collocated with industrial research and 
        assessment centers (as defined in section 40531).

    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000 for 
fiscal year 2022, to remain available until expended.
SEC. 40513. <<NOTE: Grants. 42 USC 18802.>>  CAREER SKILLS 
                            TRAINING.

    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means a nonprofit partnership that--
            (1) includes the equal participation of industry, including 
        public or private employers, and labor organizations, including 
        joint labor-management training programs;
            (2) may include workforce investment boards, community-based 
        organizations, qualified service and conservation corps, 
        educational institutions, small businesses, cooperatives, State 
        and local veterans agencies, and veterans service organizations; 
        and
            (3) demonstrates--
                    (A) experience in implementing and operating worker 
                skills training and education programs;
                    (B) the ability to identify and involve in training 
                programs carried out under this section, target 
                populations of individuals who would benefit from 
                training and be actively involved in activities relating 
                to energy efficiency and renewable energy industries; 
                and
                    (C) the ability to help individuals achieve economic 
                self-sufficiency.

    (b) Establishment.--The Secretary shall award grants to eligible 
entities to pay the Federal share of associated career skills training 
programs under which students concurrently receive classroom instruction 
and on-the-job training for the purpose of obtaining

[[Page 135 STAT. 1061]]

an industry-related certification to install energy efficient buildings 
technologies.
    (c) Federal Share.--The Federal share of the cost of carrying out a 
career skills training program described in subsection (b) shall be 50 
percent.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000 for 
fiscal year 2022, to remain available until expended.
SEC. 40514. <<NOTE: 42 USC 18803.>>  COMMERCIAL BUILDING ENERGY 
                            CONSUMPTION INFORMATION SHARING.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Energy Information Administration.
            (2) Agreement.--The term ``Agreement'' means the agreement 
        entered into under subsection (b).
            (3) Survey.--The term ``Survey'' means the Commercial 
        Building Energy Consumption Survey.

    (b) <<NOTE: Contracts. Deadline.>> Authorization of Agreement.--Not 
later than 120 days after the date of enactment of this Act, the 
Administrator and the Administrator of the Environmental Protection 
Agency shall sign, and submit to Congress, an information sharing 
agreement relating to commercial building energy consumption data.

    (c) Content of Agreement.--The Agreement shall--
            (1) provide, to the extent permitted by law, that--
                    (A) the Administrator shall have access to building-
                specific data in the Portfolio Manager database of the 
                Environmental Protection Agency; and
                    (B) the Administrator of the Environmental 
                Protection Agency shall have access to building-specific 
                data collected by the Survey;
            (2) describe the manner in which the Administrator shall use 
        the data described in paragraph (1) and subsection (d);
            (3) describe and compare--
                    (A) the methodologies that the Energy Information 
                Administration, the Environmental Protection Agency, and 
                State and local government managers use to maximize the 
                quality, reliability, and integrity of data collected 
                through the Survey, the Portfolio Manager database of 
                the Environmental Protection Agency, and State and local 
                building energy disclosure laws (including regulations), 
                respectively, and the manner in which those 
                methodologies can be improved; and
                    (B) consistencies and variations in data for the 
                same buildings captured in--
                          (i)(I) the 2018 Survey cycle; and
                          (II) each subsequent Survey cycle; and
                          (ii) the Portfolio Manager database of the 
                      Environmental Protection Agency; and
            (4) <<NOTE: Time period.>> consider whether, and the methods 
        by which, the Administrator may collect and publish new 
        iterations of Survey data every 3 years--
                    (A) using the Survey processes of the Administrator; 
                or
                    (B) as supplemented by information in the Portfolio 
                Manager database of the Environmental Protection Agency.

[[Page 135 STAT. 1062]]

    (d) Data.--The data referred in subsection (c)(2) includes data 
that--
            (1) is collected through the Portfolio Manager database of 
        the Environmental Protection Agency;
            (2) is required to be publicly available on the internet 
        under State and local government building energy disclosure laws 
        (including regulations); and
            (3) includes information on private sector buildings that 
        are not less than 250,000 square feet.

    (e) Protection of Information.--In carrying out the agreement, the 
Administrator and the Administrator of the Environmental Protection 
Agency shall protect information in accordance with--
            (1) section 552(b)(4) of title 5, United States Code 
        (commonly known as the ``Freedom of Information Act'');
            (2) subchapter III of chapter 35 of title 44, United States 
        Code; and
            (3) any other applicable law (including regulations).

                Subtitle C--Industrial Energy Efficiency

                            PART I--INDUSTRY

SEC. 40521. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH AND 
                            ASSESSMENT CENTERS.

    (a) Future of Industry Program.--
            (1) In general.--Section 452 of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17111) is amended--
                    (A) by striking the section heading and inserting 
                the following: ``future of industry program'';
                    (B) in subsection (a)(2)--
                          (i) by redesignating subparagraph (E) as 
                      subparagraph (F); and
                          (ii) by inserting after subparagraph (D) the 
                      following:
                    ``(E) water and wastewater treatment facilities, 
                including systems that treat municipal, industrial, and 
                agricultural waste; and'';
                    (C) by striking subsection (e); and
                    (D) by redesignating subsection (f) as subsection 
                (e).
            (2) Conforming amendment.--Section 454(b)(2)(C) of the 
        Energy Independence and Security Act of 2007 (42 U.S.C. 
        17113(b)(2)(C)) is amended by striking ``energy-intensive 
        industries'' and inserting ``Future of Industry''.

    (b) Industrial Research and Assessment Centers.--Subtitle D of title 
IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111 
et seq.) is amended by adding at the end the following:
``SEC. 457. <<NOTE: 42 USC 17116.>>  INDUSTRIAL RESEARCH AND 
                        ASSESSMENT CENTERS.

    ``(a) Definitions.--In this section:
            ``(1) Covered project.--The term `covered project' means a 
        project--
                    ``(A) that has been recommended in an energy 
                assessment described in paragraph (2)(A) conducted for 
                an eligible entity; and

[[Page 135 STAT. 1063]]

                    ``(B) with respect to which the plant site of that 
                eligible entity--
                          ``(i) improves--
                                    ``(I) energy efficiency;
                                    ``(II) material efficiency;
                                    ``(III) cybersecurity; or
                                    ``(IV) productivity; or
                          ``(ii) reduces--
                                    ``(I) waste production;
                                    ``(II) greenhouse gas emissions; or
                                    ``(III) nongreenhouse gas pollution.
            ``(2) Eligible entity.--The term `eligible entity' means a 
        small- or medium-sized manufacturer that has had an energy 
        assessment completed by--
                    ``(A) an industrial research and assessment center;
                    ``(B) a Department of Energy Combined Heat and Power 
                Technical Assistance Partnership jointly with an 
                industrial research and assessment center; or
                    ``(C) <<NOTE: Determination.>> a third-party 
                assessor that provides an assessment equivalent to an 
                assessment described in subparagraph (A) or (B), as 
                determined by the Secretary.
            ``(3) Energy service provider.--The term `energy service 
        provider' means--
                    ``(A) any business providing technology or services 
                to improve the energy efficiency, water efficiency, 
                power factor, or load management of a manufacturing site 
                or other industrial process in an energy-intensive 
                industry (as defined in section 452(a)); and
                    ``(B) any utility operating under a utility energy 
                service project.
            ``(4) Industrial research and assessment center.--The term 
        `industrial research and assessment center' means--
                    ``(A) an institution of higher education-based 
                industrial research and assessment center that is funded 
                by the Secretary under subsection (b); and
                    ``(B) an industrial research and assessment center 
                at a trade school, community college, or union training 
                program that is funded by the Secretary under subsection 
                (f).
            ``(5) Program.--The term `Program' means the program for 
        implementation grants established under subsection (i)(1).
            ``(6) Small- or medium-sized manufacturer.--The term `small- 
        or medium-sized manufacturer' means a manufacturing firm--
                    ``(A) the gross annual sales of which are less than 
                $100,000,000;
                    ``(B) that has fewer than 500 employees at the plant 
                site of the manufacturing firm; and
                    ``(C) the annual energy bills of which total more 
                than $100,000 but less than $3,500,000.

    ``(b) Institution of Higher Education-based Industrial Research and 
Assessment Centers.--
            ``(1) In general.--The Secretary shall provide funding to 
        institution of higher education-based industrial research and 
        assessment centers.

[[Page 135 STAT. 1064]]

            ``(2) Purpose.--The purpose of each institution of higher 
        education-based industrial research and assessment center shall 
        be--
                    ``(A) to provide in-depth assessments of small- and 
                medium-sized manufacturer plant sites to evaluate the 
                facilities, services, and manufacturing operations of 
                the plant sites;
                    ``(B) to identify opportunities for optimizing 
                energy efficiency and environmental performance, 
                including implementation of--
                          ``(i) smart manufacturing;
                          ``(ii) energy management systems;
                          ``(iii) sustainable manufacturing;
                          ``(iv) information technology advancements for 
                      supply chain analysis, logistics, system 
                      monitoring, industrial and manufacturing 
                      processes, and other purposes; and
                          ``(v) waste management systems;
                    ``(C) to promote applications of emerging concepts 
                and technologies in small- and medium-sized 
                manufacturers (including water and wastewater treatment 
                facilities and federally owned manufacturing 
                facilities);
                    ``(D) to promote research and development for the 
                use of alternative energy sources to supply heat, power, 
                and new feedstocks for energy-intensive industries;
                    ``(E) <<NOTE: Coordination.>>  to coordinate with 
                appropriate Federal and State research offices;
                    ``(F) to provide a clearinghouse for industrial 
                process and energy efficiency technical assistance 
                resources; and
                    ``(G) <<NOTE: Coordination.>>  to coordinate with 
                State-accredited technical training centers and 
                community colleges, while ensuring appropriate services 
                to all regions of the United States.

    ``(c) Coordination.--To increase the value and capabilities of the 
industrial research and assessment centers, the centers shall--
            ``(1) coordinate with Manufacturing Extension Partnership 
        Centers of the National Institute of Standards and Technology;
            ``(2) coordinate with the Federal Energy Management Program 
        and the Building Technologies Office of the Department of Energy 
        to provide building assessment services to manufacturers;
            ``(3) increase partnerships with the National Laboratories 
        of the Department of Energy to leverage the expertise, 
        technologies, and research and development capabilities of the 
        National Laboratories for national industrial and manufacturing 
        needs;
            ``(4) increase partnerships with energy service providers 
        and technology providers to leverage private sector expertise 
        and accelerate deployment of new and existing technologies and 
        processes for energy efficiency, power factor, and load 
        management;
            ``(5) identify opportunities for reducing greenhouse gas 
        emissions and other air emissions; and
            ``(6) promote sustainable manufacturing practices for small- 
        and medium-sized manufacturers.

    ``(d) Outreach.--The Secretary shall provide funding for--

[[Page 135 STAT. 1065]]

            ``(1) outreach activities by the industrial research and 
        assessment centers to inform small- and medium-sized 
        manufacturers of the information, technologies, and services 
        available; and
            ``(2) coordination activities by each industrial research 
        and assessment center to leverage efforts with--
                    ``(A) Federal, State, and Tribal efforts;
                    ``(B) the efforts of utilities and energy service 
                providers;
                    ``(C) the efforts of regional energy efficiency 
                organizations; and
                    ``(D) the efforts of other industrial research and 
                assessment centers.

    ``(e) Centers of Excellence.--
            ``(1) <<NOTE: Determination.>> Establishment.--The Secretary 
        shall establish a Center of Excellence at not more than 5 of the 
        highest-performing industrial research and assessment centers, 
        as determined by the Secretary.
            ``(2) Duties.--A Center of Excellence shall coordinate with 
        and advise the industrial research and assessment centers 
        located in the region of the Center of Excellence, including--
                    ``(A) by mentoring new directors and staff of the 
                industrial research and assessment centers with respect 
                to--
                          ``(i) the availability of resources; and
                          ``(ii) best practices for carrying out 
                      assessments, including through the participation 
                      of the staff of the Center of Excellence in 
                      assessments carried out by new industrial research 
                      and assessment centers;
                    ``(B) by providing training to staff and students at 
                the industrial research and assessment centers on new 
                technologies, practices, and tools to expand the scope 
                and impact of the assessments carried out by the 
                centers;
                    ``(C) by assisting the industrial research and 
                assessment centers with specialized technical 
                opportunities, including by providing a clearinghouse of 
                available expertise and tools to assist the centers and 
                clients of the centers in assessing and implementing 
                those opportunities;
                    ``(D) by identifying and coordinating with regional, 
                State, local, Tribal, and utility energy efficiency 
                programs for the purpose of facilitating efforts by 
                industrial research and assessment centers to connect 
                industrial facilities receiving assessments from those 
                centers with regional, State, local, and utility energy 
                efficiency programs that could aid the industrial 
                facilities in implementing any recommendations resulting 
                from the assessments;
                    ``(E) by facilitating coordination between the 
                industrial research and assessment centers and other 
                Federal programs described in paragraphs (1) through (3) 
                of subsection (c); and
                    ``(F) by coordinating the outreach activities of the 
                industrial research and assessment centers under 
                subsection (d)(1).
            ``(3) Funding.--For each fiscal year, out of any amounts 
        made available to carry out this section under subsection (j), 
        the Secretary shall use not less than $500,000 to support each 
        Center of Excellence.

    ``(f) Expansion of Industrial Research and Assessment Centers.--

[[Page 135 STAT. 1066]]

            ``(1) In general.--The Secretary shall provide funding to 
        establish additional industrial research and assessment centers 
        at trade schools, community colleges, and union training 
        programs.
            ``(2) Purpose.--
                    ``(A) In general.--Subject to subparagraph (B), to 
                the maximum extent practicable, an industrial research 
                and assessment center established under paragraph (1) 
                shall have the same purpose as an institution of higher 
                education-based industrial research center that is 
                funded by the Secretary under subsection (b)(1).
                    ``(B) <<NOTE: Evaluation.>> Consideration of 
                capabilities.--In evaluating or establishing the purpose 
                of an industrial research and assessment center 
                established under paragraph (1), the Secretary shall 
                take into consideration the varying capabilities of 
                trade schools, community colleges, and union training 
                programs.

    ``(g) Workforce Training.--
            ``(1) Internships.--The Secretary shall pay the Federal 
        share of associated internship programs under which students 
        work with or for industries, manufacturers, and energy service 
        providers to implement the recommendations of industrial 
        research and assessment centers.
            ``(2) <<NOTE: Payment.>>  Apprenticeships.--The Secretary 
        shall pay the Federal share of associated apprenticeship 
        programs under which--
                    ``(A) students work with or for industries, 
                manufacturers, and energy service providers to implement 
                the recommendations of industrial research and 
                assessment centers; and
                    ``(B) employees of facilities that have received an 
                assessment from an industrial research and assessment 
                center work with or for an industrial research and 
                assessment center to gain knowledge on engineering 
                practices and processes to improve productivity and 
                energy savings.
            ``(3) Federal share.--The Federal share of the cost of 
        carrying out internship programs described in paragraph (1) and 
        apprenticeship programs described in paragraph (2) shall be 50 
        percent.

    ``(h) Small Business Loans.--The Administrator of the Small Business 
Administration shall, to the maximum extent practicable, expedite 
consideration of applications from eligible small business concerns for 
loans under the Small Business Act (15 U.S.C. 631 et seq.) to implement 
recommendations developed by the industrial research and assessment 
centers.
    ``(i) Implementation Grants.--
            ``(1) In general.--The Secretary shall establish a program 
        under which the Secretary shall provide grants to eligible 
        entities to implement covered projects.
            ``(2) Application.--An eligible entity seeking a grant under 
        the Program shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require, including a demonstration of need for 
        financial assistance to implement the proposed covered project.
            ``(3) Priority.--In awarding grants under the Program, the 
        Secretary shall give priority to eligible entities that--

[[Page 135 STAT. 1067]]

                    ``(A) have had an energy assessment completed by an 
                industrial research and assessment center; and
                    ``(B) propose to carry out a covered project with a 
                greater potential for--
                          ``(i) energy efficiency gains; or
                          ``(ii) greenhouse gas emissions reductions.
            ``(4) Grant amount.--
                    ``(A) Maximum amount.--The amount of a grant 
                provided to an eligible entity under the Program shall 
                not exceed $300,000.
                    ``(B) Federal share.--A grant awarded under the 
                Program for a covered project shall be in an amount that 
                is not more than 50 percent of the cost of the covered 
                project.
                    ``(C) Supplement.--A grant received by an eligible 
                entity under the Program shall supplement, not supplant, 
                any private or State funds available to the eligible 
                entity to carry out the covered project.

    ``(j) <<NOTE: Time period.>>  Authorization of Appropriations.--
There are authorized to be appropriated to the Secretary for the period 
of fiscal years 2022 through 2026--
            ``(1) $150,000,000 to carry out subsections (a) through (h); 
        and
            ``(2) $400,000,000 to carry out subsection (i).''.

    (c) Clerical Amendment.--The table of contents of the Energy 
Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is amended 
by adding at the end of the items relating to subtitle D of title IV the 
following:

``Sec. 457. Industrial research and assessment centers.''.

SEC. 40522. SUSTAINABLE MANUFACTURING INITIATIVE.

    (a) In General.--Part E of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the 
end the following:
``SEC. 376. <<NOTE: 42 USC 6346.>>  SUSTAINABLE MANUFACTURING 
                        INITIATIVE.

    ``(a) <<NOTE: Assessments.>>  In General.--As part of the Office of 
Energy Efficiency and Renewable Energy of the Department of Energy, the 
Secretary, on the request of a manufacturer, shall carry out onsite 
technical assessments to identify opportunities for--
            ``(1) maximizing the energy efficiency of industrial 
        processes and cross-cutting systems;
            ``(2) preventing pollution and minimizing waste;
            ``(3) improving efficient use of water in manufacturing 
        processes;
            ``(4) conserving natural resources; and
            ``(5) achieving such other goals as the Secretary determines 
        to be appropriate.

    ``(b) Coordination.--To implement any recommendations resulting from 
an onsite technical assessment carried out under subsection (a) and to 
accelerate the adoption of new and existing technologies and processes 
that improve energy efficiency, the Secretary shall coordinate with--
            ``(1) the Advanced Manufacturing Office of the Department of 
        Energy;
            ``(2) the Building Technologies Office of the Department of 
        Energy;

[[Page 135 STAT. 1068]]

            ``(3) the Federal Energy Management Program of the 
        Department of Energy; and
            ``(4) the private sector and other appropriate agencies, 
        including the National Institute of Standards and Technology.

    ``(c) Research and Development Program for Sustainable Manufacturing 
and Industrial Technologies and Processes.--As part of the industrial 
efficiency programs of the Department of Energy, the Secretary shall 
carry out a joint industry-government partnership program to research, 
develop, and demonstrate new sustainable manufacturing and industrial 
technologies and processes that maximize the energy efficiency of 
industrial plants, reduce pollution, and conserve natural resources.''.
    (b) Clerical Amendment.--The table of contents of the Energy Policy 
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the 
end of the items relating to part E of title III the following:

``376. Sustainable manufacturing initiative.''.

                      PART II--SMART MANUFACTURING

SEC. 40531. <<NOTE: 42 USC 18811.>>  DEFINITIONS.

    In this part:
            (1) Energy management system.--The term ``energy management 
        system'' means a business management process based on standards 
        of the American National Standards Institute that enables an 
        organization to follow a systematic approach in achieving 
        continual improvement of energy performance, including energy 
        efficiency, security, use, and consumption.
            (2) Industrial research and assessment center.--The term 
        ``industrial research and assessment center'' means a center 
        located at an institution of higher education, a trade school, a 
        community college, or a union training program that--
                    (A) receives funding from the Department;
                    (B) provides an in-depth assessment of small- and 
                medium-size manufacturer plant sites to evaluate the 
                facilities, services, and manufacturing operations of 
                the plant site; and
                    (C) identifies opportunities for potential savings 
                for small- and medium-size manufacturer plant sites from 
                energy efficiency improvements, waste minimization, 
                pollution prevention, and productivity improvement.
            (3) Information and communication technology.--The term 
        ``information and communication technology'' means any 
        electronic system or equipment (including the content contained 
        in the system or equipment) used to create, convert, 
        communicate, or duplicate data or information, including 
        computer hardware, firmware, software, communication protocols, 
        networks, and data interfaces.
            (4) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given the term in section 
        101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
            (5) North american industry classification system.--The term 
        ``North American Industry Classification System'' means the 
        standard used by Federal statistical agencies in classifying 
        business establishments for the purpose of collecting,

[[Page 135 STAT. 1069]]

        analyzing, and publishing statistical data relating to the 
        business economy of the United States.
            (6) Small and medium manufacturers.--The term ``small and 
        medium manufacturers'' means manufacturing firms--
                    (A) classified in the North American Industry 
                Classification System as any of sectors 31 through 33;
                    (B) with gross annual sales of less than 
                $100,000,000;
                    (C) with fewer than 500 employees at the plant site; 
                and
                    (D) with annual energy bills totaling more than 
                $100,000 and less than $3,500,000.
            (7) Smart manufacturing.--The term ``smart manufacturing'' 
        means advanced technologies in information, automation, 
        monitoring, computation, sensing, modeling, artificial 
        intelligence, analytics, and networking that--
                    (A) digitally--
                          (i) simulate manufacturing production lines;
                          (ii) operate computer-controlled manufacturing 
                      equipment;
                          (iii) monitor and communicate production line 
                      status; and
                          (iv) manage and optimize energy productivity 
                      and cost throughout production;
                    (B) model, simulate, and optimize the energy 
                efficiency of a factory building;
                    (C) monitor and optimize building energy 
                performance;
                    (D) model, simulate, and optimize the design of 
                energy efficient and sustainable products, including the 
                use of digital prototyping and additive manufacturing to 
                enhance product design;
                    (E) connect manufactured products in networks to 
                monitor and optimize the performance of the networks, 
                including automated network operations; and
                    (F) digitally connect the supply chain network.
SEC. 40532. <<NOTE: 42 USC 18812.>>  LEVERAGING EXISTING AGENCY 
                            PROGRAMS TO ASSIST SMALL AND MEDIUM 
                            MANUFACTURERS.

    The Secretary shall expand the scope of technologies covered by the 
industrial research and assessment centers of the Department--
            (1) to include smart manufacturing technologies and 
        practices; and
            (2) to equip the directors of the industrial research and 
        assessment centers with the training and tools necessary to 
        provide technical assistance in smart manufacturing technologies 
        and practices, including energy management systems, to 
        manufacturers.
SEC. 40533. <<NOTE: 42 USC 18813.>>  LEVERAGING SMART 
                            MANUFACTURING INFRASTRUCTURE AT 
                            NATIONAL LABORATORIES.

    (a) Study.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Secretary 
        shall conduct a study on how the Department can increase access 
        to existing high-performance computing resources in the National 
        Laboratories, particularly for small and medium manufacturers.

[[Page 135 STAT. 1070]]

            (2) Inclusions.--In identifying ways to increase access to 
        National Laboratories under paragraph (1), the Secretary shall--
                    (A) focus on increasing access to the computing 
                facilities of the National Laboratories; and
                    (B) ensure that--
                          (i) the information from the manufacturer is 
                      protected; and
                          (ii) the security of the National Laboratory 
                      facility is maintained.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the results of the study.

    (b) Actions for Increased Access.--The Secretary shall facilitate 
access to the National Laboratories studied under subsection (a) for 
small and medium manufacturers so that small and medium manufacturers 
can fully use the high-performance computing resources of the National 
Laboratories to enhance the manufacturing competitiveness of the United 
States.
SEC. 40534. <<NOTE: 42 USC 18814.>>  STATE MANUFACTURING 
                            LEADERSHIP.

    (a) Financial Assistance Authorized.--The Secretary may provide 
financial assistance on a competitive basis to States for the 
establishment of programs to be used as models for supporting the 
implementation of smart manufacturing technologies.
    (b) Applications.--
            (1) In general.--To be eligible to receive financial 
        assistance under this section, a State shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            (2) <<NOTE: Evaluation.>>  Criteria.--The Secretary shall 
        evaluate an application for financial assistance under this 
        section on the basis of merit using criteria identified by the 
        Secretary, including--
                    (A) technical merit, innovation, and impact;
                    (B) research approach, workplan, and deliverables;
                    (C) academic and private sector partners; and
                    (D) alternate sources of funding.

    (c) Requirements.--
            (1) <<NOTE: Time period.>> Term.--The term of an award of 
        financial assistance under this section shall not exceed 3 
        years.
            (2) Maximum amount.--The amount of an award of financial 
        assistance under this section shall be not more than $2,000,000.
            (3) Matching requirement.--Each State that receives 
        financial assistance under this section shall contribute 
        matching funds in an amount equal to not less than 30 percent of 
        the amount of the financial assistance.

    (d) Use of Funds.--A State may use financial assistance provided 
under this section--
            (1) to facilitate access to high-performance computing 
        resources for small and medium manufacturers; and
            (2) to provide assistance to small and medium manufacturers 
        to implement smart manufacturing technologies and practices.

    (e) Evaluation.--The Secretary shall conduct semiannual evaluations 
of each award of financial assistance under this section--

[[Page 135 STAT. 1071]]

            (1) <<NOTE: Determination.>> to determine the impact and 
        effectiveness of programs funded with the financial assistance; 
        and
            (2) to provide guidance to States on ways to better execute 
        the program of the State.

    (f) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $50,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40535. <<NOTE: 42 USC 18815.>>  REPORT.

    The Secretary annually shall submit to Congress and make publicly 
available a report on the progress made in advancing smart manufacturing 
in the United States.

                   Subtitle D--Schools and Nonprofits

SEC. 40541. <<NOTE: 42 USC 18831.>>  GRANTS FOR ENERGY EFFICIENCY 
                            IMPROVEMENTS AND RENEWABLE ENERGY 
                            IMPROVEMENTS AT PUBLIC SCHOOL 
                            FACILITIES.

    (a) Definitions.--In this section:
            (1) Alternative fueled vehicle.--The term ``alternative 
        fueled vehicle'' has the meaning given the term in section 301 
        of the Energy Policy Act of 1992 (42 U.S.C. 13211).
            (2) Alternative fueled vehicle infrastructure.--The term 
        ``alternative fueled vehicle infrastructure'' means 
        infrastructure used to charge or fuel an alternative fueled 
        vehicle.
            (3) Eligible entity.--The term ``eligible entity'' means a 
        consortium of--
                    (A) 1 local educational agency; and
                    (B) 1 or more--
                          (i) schools;
                          (ii) nonprofit organizations that have the 
                      knowledge and capacity to partner and assist with 
                      energy improvements;
                          (iii) for-profit organizations that have the 
                      knowledge and capacity to partner and assist with 
                      energy improvements; or
                          (iv) community partners that have the 
                      knowledge and capacity to partner and assist with 
                      energy improvements.
            (4) Energy improvement.--The term ``energy improvement'' 
        means--
                    (A) any improvement, repair, or renovation to a 
                school that results in a direct reduction in school 
                energy costs, including improvements to the envelope, 
                air conditioning system, ventilation system, heating 
                system, domestic hot water heating system, compressed 
                air system, distribution system, lighting system, power 
                system, and controls of a building;
                    (B) any improvement, repair, or renovation to, or 
                installation in, a school that--
                          (i) leads to an improvement in teacher and 
                      student health, including indoor air quality; and
                          (ii) achieves energy savings;
                    (C) any improvement, repair, or renovation to a 
                school involving the installation of renewable energy 
                technologies;

[[Page 135 STAT. 1072]]

                    (D) the installation of alternative fueled vehicle 
                infrastructure on school grounds for--
                          (i) exclusive use of school buses, school 
                      fleets, or students; or
                          (ii) the general public; and
                    (E) the purchase or lease of alternative fueled 
                vehicles to be used by a school, including school buses, 
                fleet vehicles, and other operational vehicles.
            (5) High school.--The term ``high school'' has the meaning 
        given the term in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (6) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (7) Nonprofit organization.--The term ``nonprofit 
        organization'' means--
                    (A) an organization described in section 501(c)(3) 
                of the Internal Revenue Code of 1986 and exempt from tax 
                under section 501(a) of such Code; or
                    (B) a mutual or cooperative electric company 
                described in section 501(c)(12) of such Code.
            (8) Partnering local educational agency.--The term 
        ``partnering local educational agency'', with respect to an 
        eligible entity, means the local educational agency 
        participating in the consortium of the eligible entity.

    (b) Grants.--The Secretary shall award competitive grants to 
eligible entities to make energy improvements in accordance with this 
section.
    (c) Applications.--
            (1) In general.--An eligible entity desiring a grant under 
        this section shall submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
            (2) Contents.--The application submitted under paragraph (1) 
        shall include each of the following:
                    (A) <<NOTE: Assessment.>> A needs assessment of the 
                current condition of the school and school facilities 
                that would receive the energy improvements if the 
                application were approved.
                    (B) <<NOTE: Plan.>> A draft work plan of the 
                intended achievements of the eligible entity at the 
                school.
                    (C) A description of the energy improvements that 
                the eligible entity would carry out at the school if the 
                application were approved.
                    (D) A description of the capacity of the eligible 
                entity to provide services and comprehensive support to 
                make the energy improvements referred to in subparagraph 
                (C).
                    (E) <<NOTE: Assessment.>>  An assessment of the 
                expected needs of the eligible entity for operation and 
                maintenance training funds, and a plan for use of those 
                funds, if applicable.
                    (F) <<NOTE: Assessment.>>  An assessment of the 
                expected energy efficiency, energy savings, and safety 
                benefits of the energy improvements.
                    (G) <<NOTE: Cost estimate.>>  A cost estimate of the 
                proposed energy improvements.
                    (H) An identification of other resources that are 
                available to carry out the activities for which grant 
                funds are

[[Page 135 STAT. 1073]]

                requested under this section, including the availability 
                of utility programs and public benefit funds.

    (d) Priority.--
            (1) In general.--In awarding grants under this section, the 
        Secretary shall give priority to an eligible entity--
                    (A) that has renovation, repair, and improvement 
                funding needs;
                    (B)(i) <<NOTE: Determination.>> that, as determined 
                by the Secretary, serves a high percentage of students, 
                including students in a high school in accordance with 
                paragraph (2), who are eligible for a free or reduced 
                price lunch under the Richard B. Russell National School 
                Lunch Act (42 U.S.C. 1751 et seq.); or
                    (ii) the partnering local educational agency of 
                which is designated with a school district locale code 
                of 41, 42, or 43, as determined by the National Center 
                for Education Statistics in consultation with the Bureau 
                of the Census; and
                    (C) that leverages private sector investment through 
                energy-related performance contracting.
            (2) High school students.--In the case of students in a high 
        school, the percentage of students eligible for a free or 
        reduced price lunch described in paragraph (1)(B)(i) shall be 
        calculated using data from the schools that feed into the high 
        school.

    (e) Competitive Criteria.--The competitive criteria used by the 
Secretary to award grants under this section shall include the 
following:
            (1) The extent of the disparity between the fiscal capacity 
        of the eligible entity to carry out energy improvements at 
        school facilities and the needs of the partnering local 
        educational agency for those energy improvements, including 
        consideration of--
                    (A) the current and historic ability of the 
                partnering local educational agency to raise funds for 
                construction, renovation, modernization, and major 
                repair projects for schools;
                    (B) the ability of the partnering local educational 
                agency to issue bonds or receive other funds to support 
                the current infrastructure needs of the partnering local 
                educational agency for schools; and
                    (C) the bond rating of the partnering local 
                educational agency.
            (2) The likelihood that the partnering local educational 
        agency or eligible entity will maintain, in good condition, any 
        school and school facility that is the subject of improvements.
            (3) The potential energy efficiency and safety benefits from 
        the proposed energy improvements.

    (f) Use of Grant Amounts.--
            (1) In general.--Except as provided in this subsection, an 
        eligible entity receiving a grant under this section shall use 
        the grant amounts only to make the energy improvements described 
        in the application submitted by the eligible entity under 
        subsection (c).
            (2) Operation and maintenance training.--An eligible entity 
        receiving a grant under this section may use not more

[[Page 135 STAT. 1074]]

        than 5 percent of the grant amounts for operation and 
        maintenance training for energy efficiency and renewable energy 
        improvements, such as maintenance staff and teacher training, 
        education, and preventative maintenance training.
            (3) Third-party investigation and analysis.--An eligible 
        entity receiving a grant under this section may use a portion of 
        the grant amounts for a third-party investigation and analysis 
        of the energy improvements carried out by the eligible entity, 
        such as energy audits and existing building commissioning.
            (4) Continuing education.--An eligible entity receiving a 
        grant under this section may use not more than 3 percent of the 
        grant amounts to develop a continuing education curriculum 
        relating to energy improvements.

    (g) Competition in Contracting.--If an eligible entity receiving a 
grant under this section uses grant funds to carry out repair or 
renovation through a contract, the eligible entity shall be required to 
ensure that the contract process--
            (1) through full and open competition, ensures the maximum 
        practicable number of qualified bidders, including small, 
        minority, and women-owned businesses; and
            (2) gives priority to businesses located in, or resources 
        common to, the State or geographical area in which the repair or 
        renovation under the contract will be carried out.

    (h) <<NOTE: Publication. Guidelines.>> Best Practices.--The 
Secretary shall develop and publish guidelines and best practices for 
activities carried out under this section.

    (i) Report by Eligible Entity.--An eligible entity receiving a grant 
under this section shall submit to the Secretary, at such time as the 
Secretary may require, a report describing--
            (1) the use of the grant funds for energy improvements;
            (2) the estimated cost savings realized by those energy 
        improvements;
            (3) the results of any third-party investigation and 
        analysis conducted relating to those energy improvements;
            (4) the use of any utility programs and public benefit 
        funds; and
            (5) the use of performance tracking for energy improvements, 
        such as--
                    (A) the Energy Star program established under 
                section 324A of the Energy Policy and Conservation Act 
                (42 U.S.C. 6294a); or
                    (B) the United States Green Building Council 
                Leadership in Energy and Environmental Design (LEED) 
                green building rating system for existing buildings.

    (j) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $500,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40542. <<NOTE: Grants. 42 USC 18832.>>  ENERGY EFFICIENCY 
                            MATERIALS PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Applicant.--The term ``applicant'' means a nonprofit 
        organization that applies for a grant under this section.
            (2) Energy-efficiency material.--
                    (A) In general.--The term ``energy-efficiency 
                material'' means a material (including a product, 
                equipment, or

[[Page 135 STAT. 1075]]

                system) the installation of which results in a reduction 
                in use by a nonprofit organization of energy or fuel.
                    (B) Inclusions.--The term ``energy-efficiency 
                material'' includes--
                          (i) a roof or lighting system or component of 
                      the system;
                          (ii) a window;
                          (iii) a door, including a security door; and
                          (iv) a heating, ventilation, or air 
                      conditioning system or component of the system 
                      (including insulation and wiring and plumbing 
                      improvements needed to serve a more efficient 
                      system).
            (3) Nonprofit building.--The term ``nonprofit building'' 
        means a building operated and owned by an organization that is 
        described in section 501(c)(3) of the Internal Revenue Code of 
        1986 and exempt from tax under section 501(a) of such Code.

    (b) <<NOTE: Deadline.>>  Establishment.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall establish a pilot 
program to award grants for the purpose of providing nonprofit buildings 
with energy-efficiency materials.

    (c) Grants.--
            (1) In general.--The Secretary may award grants under the 
        program established under subsection (b).
            (2) Application.--The Secretary may award a grant under 
        paragraph (1) if an applicant submits to the Secretary an 
        application at such time, in such form, and containing such 
        information as the Secretary may prescribe.
            (3) <<NOTE: Determination. Applicability.>>  Criteria for 
        grant.--In determining whether to award a grant under paragraph 
        (1), the Secretary shall apply performance-based criteria, which 
        shall give priority to applicants based on--
                    (A) the energy savings achieved;
                    (B) the cost effectiveness of the use of energy-
                efficiency materials;
                    (C) an effective plan for evaluation, measurement, 
                and verification of energy savings; and
                    (D) the financial need of the applicant.
            (4) Limitation on individual grant amount.--Each grant 
        awarded under this section shall not exceed $200,000.

    (d) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $50,000,000 for the period of fiscal years 2022 through 2026, to 
remain available until expended.

                        Subtitle E--Miscellaneous

SEC. 40551. <<NOTE: 42 USC 6861 note.>>  WEATHERIZATION ASSISTANCE 
                            PROGRAM.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary for the weatherization assistance program 
established under part A of title IV of the Energy Conservation and 
Production Act (42 U.S.C. 6861 et seq.) $3,500,000,000 for fiscal year 
2022, to remain available until expended.
    (b) Application of Wage Rate Requirements to Weatherization 
Assistance Program.--With respect to work performed under the 
weatherization assistance program established under

[[Page 135 STAT. 1076]]

part A of title IV of the Energy Conservation and Production Act (42 
U.S.C. 6861 et seq.) on a project assisted in whole or in part by 
funding made available under subsection (a), the requirements of section 
41101 shall apply only to work performed on multifamily buildings with 
not fewer than 5 units.
SEC. 40552. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 
                            PROGRAM.

    (a) Use of Funds.--Section 544 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17154) is amended--
            (1) in paragraph (13)(D), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (14) as paragraph (15); and
            (3) by inserting after paragraph (13) the following:
            ``(14) programs for financing energy efficiency, renewable 
        energy, and zero-emission transportation (and associated 
        infrastructure), capital investments, projects, and programs, 
        which may include loan programs and performance contracting 
        programs, for leveraging of additional public and private sector 
        funds, and programs that allow rebates, grants, or other 
        incentives for the purchase and installation of energy 
        efficiency, renewable energy, and zero-emission transportation 
        (and associated infrastructure) measures; and''.

    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary for the Energy Efficiency and Conservation 
Block Grant Program established under section 542(a) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17152(a)) $550,000,000 
for fiscal year 2022, to remain available until expended.
SEC. 40553. <<NOTE: 42 USC 18841.>>  SURVEY, ANALYSIS, AND REPORT 
                            ON EMPLOYMENT AND DEMOGRAPHICS IN THE 
                            ENERGY, ENERGY EFFICIENCY, AND MOTOR 
                            VEHICLE SECTORS OF THE UNITED STATES.

    (a) Energy Jobs Council.--
            (1) Establishment.--The Secretary shall establish a council, 
        to be known as the ``Energy Jobs Council'' (referred to in this 
        section as the ``Council'').
            (2) <<NOTE: Appointments.>> Membership.--The Council shall 
        be comprised of--
                    (A) to be appointed by the Secretary--
                          (i) 1 or more representatives of the Energy 
                      Information Administration; and
                          (ii) 1 or more representatives of a State 
                      energy office that are serving as members of the 
                      State Energy Advisory Board established by section 
                      365(g) of the Energy Policy and Conservation Act 
                      (42 U.S.C. 6325(g));
                    (B) to be appointed by the Secretary of Commerce--
                          (i) 1 or more representatives of the 
                      Department of Commerce; and
                          (ii) 1 or more representatives of the Bureau 
                      of the Census;
                    (C) 1 or more representatives of the Bureau of Labor 
                Statistics, to be appointed by the Secretary of Labor; 
                and
                    (D) 1 or more representatives of any other Federal 
                agency the assistance of which is required to carry out 
                this section, as determined by the Secretary, to be 
                appointed by the head of the applicable agency.

[[Page 135 STAT. 1077]]

    (b) Survey and Analysis.--
            (1) In general.--The Council shall--
                    (A) conduct a survey of employers in the energy, 
                energy efficiency, and motor vehicle sectors of the 
                economy of the United States; and
                    (B) perform an analysis of the employment figures 
                and demographics in those sectors, including the number 
                of personnel in each sector who devote a substantial 
                portion of working hours, as determined by the 
                Secretary, to regulatory compliance matters.
            (2) Methodology.--In conducting the survey and analysis 
        under paragraph (1), the Council shall employ a methodology 
        that--
                    (A) was approved in 2016 by the Office of Management 
                and Budget for use in the document entitled ``OMB 
                Control Number 1910-5179'';
                    (B) uses a representative, stratified sampling of 
                businesses in the United States; and
                    (C) is designed to elicit a comparable number of 
                responses from businesses in each State and with the 
                same North American Industry Classification System codes 
                as were received for the 2016 and 2017 reports entitled 
                ``U.S. Energy and Employment Report''.
            (3) Consultation.--In conducting the survey and analysis 
        under paragraph (1), the Council shall consult with key 
        stakeholders, including--
                    (A) as the Council determines to be appropriate, the 
                heads of relevant Federal agencies and offices, 
                including--
                          (i) the Secretary of Commerce;
                          (ii) the Secretary of Transportation;
                          (iii) the Director of the Bureau of the 
                      Census;
                          (iv) the Commissioner of the Bureau of Labor 
                      Statistics; and
                          (v) the Administrator of the Environmental 
                      Protection Agency;
                    (B) States;
                    (C) the State Energy Advisory Board established by 
                section 365(g) of the Energy Policy and Conservation Act 
                (42 U.S.C. 6325(g)); and
                    (D) energy industry trade associations.

    (c) Report.--
            (1) <<NOTE: Public information. Web posting.>> In general.--
        Not later than 1 year after the date of enactment of this Act, 
        and annually thereafter, the Secretary shall--
                    (A) make publicly available on the website of the 
                Department a report, to be entitled the ``U.S. Energy 
                and Employment Report'', describing the employment 
                figures and demographics in the energy, energy 
                efficiency, and motor vehicle sectors of the United 
                States, and the average number of hours devoted to 
                regulatory compliance, based on the survey and analysis 
                conducted under subsection (b); and
                    (B) subject to the requirements of subchapter III of 
                chapter 35 of title 44, United States Code, make the 
                data collected by the Council publicly available on the 
                website of the Department.
            (2) Contents.--

[[Page 135 STAT. 1078]]

                    (A) In general.--The report under paragraph (1) 
                shall include employment figures and demographic data 
                for--
                          (i) the energy sector of the economy of the 
                      United States, including--
                                    (I) the electric power generation 
                                and fuels sector; and
                                    (II) the transmission, storage, and 
                                distribution sector;
                          (ii) the energy efficiency sector of the 
                      economy of the United States; and
                          (iii) the motor vehicle sector of the economy 
                      of the United States.
                    (B) Inclusion.--With respect to each sector 
                described in subparagraph (A), the report under 
                paragraph (1) shall include employment figures and 
                demographic data sorted by--
                          (i) each technology, subtechnology, and fuel 
                      type of those sectors; and
                          (ii) subject to the requirements of the 
                      Confidential Information Protection and 
                      Statistical Efficiency Act of 2002 (44 U.S.C. 3501 
                      note; Public Law 107-347)--
                                    (I) each State;
                                    (II) each territory of the United 
                                States;
                                    (III) the District of Columbia; and
                                    (IV) each county (or equivalent 
                                jurisdiction) in the United States.
SEC. 40554. <<NOTE: Appropriation authorization.>>  ASSISTING 
                            FEDERAL FACILITIES WITH ENERGY 
                            CONSERVATION TECHNOLOGIES GRANT 
                            PROGRAM.

    There is authorized to be appropriated to the Secretary to provide 
grants authorized under section 546(b) of the National Energy 
Conservation Policy Act (42 U.S.C. 8256(b)), $250,000,000 for fiscal 
year 2022, to remain available until expended.
SEC. 40555. <<NOTE: Appropriation authorization. Time period.>>  
                            REBATES.

    There are authorized to be appropriated to the Secretary for the 
period of fiscal years 2022 and 2023--
            (1) $10,000,000 for the extended product system rebate 
        program authorized under section 1005 of the Energy Act of 2020 
        (42 U.S.C. 6311 note; Public Law 116-260); and
            (2) $10,000,000 for the energy efficient transformer rebate 
        program authorized under section 1006 of the Energy Act of 2020 
        (42 U.S.C. 6317 note; Public Law 116-260).
SEC. 40556. <<NOTE: 42 USC 18842.>>  MODEL GUIDANCE FOR COMBINED 
                            HEAT AND POWER SYSTEMS AND WASTE HEAT 
                            TO POWER SYSTEMS.

    (a) Definitions.--In this section:
            (1) Additional services.--The term ``additional services'' 
        means the provision of supplementary power, backup or standby 
        power, maintenance power, or interruptible power to an electric 
        consumer by an electric utility.
            (2) Waste heat to power system.--The term ``waste heat to 
        power system'' means a system that generates electricity through 
        the recovery of waste energy.
            (3) Other terms.--
                    (A) Purpa.--The terms ``electric consumer'', 
                ``electric utility'', ``interconnection service'', 
                ``nonregulated electric utility'', and ``State 
                regulatory authority'' have the

[[Page 135 STAT. 1079]]

                meanings given those terms in the Public Utility 
                Regulatory Policies Act of 1978 (16 U.S.C. 2601 et 
                seq.), within the meaning of title I of that Act (16 
                U.S.C. 2611 et seq.).
                    (B) Epca.--The terms ``combined heat and power 
                system'' and ``waste energy'' have the meanings given 
                those terms in section 371 of the Energy Policy and 
                Conservation Act (42 U.S.C. 6341).

    (b) Review.--
            (1) <<NOTE: Deadline. Consultation.>> In general.--Not later 
        than 180 days after the date of enactment of this Act, the 
        Secretary, in consultation with the Federal Energy Regulatory 
        Commission and other appropriate entities, shall review existing 
        rules and procedures relating to interconnection service and 
        additional services throughout the United States for electric 
        generation with nameplate capacity up to 150 megawatts 
        connecting at either distribution or transmission voltage levels 
        to identify barriers to the deployment of combined heat and 
        power systems and waste heat to power systems.
            (2) Inclusion.--The review under this subsection shall 
        include a review of existing rules and procedures relating to--
                    (A) <<NOTE: Determination.>> determining and 
                assigning costs of interconnection service and 
                additional services; and
                    (B) ensuring adequate cost recovery by an electric 
                utility for interconnection service and additional 
                services.

    (c) Model Guidance.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 18 months after the date of enactment of this Act, 
        the Secretary, in consultation with the Federal Energy 
        Regulatory Commission and other appropriate entities, shall 
        issue model guidance for interconnection service and additional 
        services for consideration by State regulatory authorities and 
        nonregulated electric utilities to reduce the barriers 
        identified under subsection (b)(1).
            (2) Current best practices.--The model guidance issued under 
        this subsection shall reflect, to the maximum extent 
        practicable, current best practices to encourage the deployment 
        of combined heat and power systems and waste heat to power 
        systems while ensuring the safety and reliability of the 
        interconnected units and the distribution and transmission 
        networks to which the units connect, including--
                    (A) relevant current standards developed by the 
                Institute of Electrical and Electronic Engineers; and
                    (B) model codes and rules adopted by--
                          (i) States; or
                          (ii) associations of State regulatory 
                      agencies.
            (3) Factors for consideration.--In establishing the model 
        guidance under this subsection, the Secretary shall take into 
        consideration--
                    (A) the appropriateness of using standards or 
                procedures for interconnection service that vary based 
                on unit size, fuel type, or other relevant 
                characteristics;
                    (B) the appropriateness of establishing fast-track 
                procedures for interconnection service;
                    (C) the value of consistency with Federal 
                interconnection rules established by the Federal Energy 
                Regulatory Commission as of the date of enactment of 
                this Act;

[[Page 135 STAT. 1080]]

                    (D) the best practices used to model outage 
                assumptions and contingencies to determine fees or rates 
                for additional services;
                    (E) the appropriate duration, magnitude, or usage of 
                demand charge ratchets;
                    (F) potential alternative arrangements with respect 
                to the procurement of additional services, including--
                          (i) contracts tailored to individual electric 
                      consumers for additional services;
                          (ii) procurement of additional services by an 
                      electric utility from a competitive market; and
                          (iii) waivers of fees or rates for additional 
                      services for small electric consumers; and
                    (G) outcomes such as increased electric reliability, 
                fuel diversification, enhanced power quality, and 
                reduced electric losses that may result from increased 
                use of combined heat and power systems and waste heat to 
                power systems.

               TITLE VI--METHANE REDUCTION INFRASTRUCTURE

SEC. 40601. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND 
                            RESTORATION.

    Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907) is 
amended to read as follows:
``SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND 
                        RESTORATION.

    ``(a) Definitions.--In this section:
            ``(1) Federal land.--The term `Federal land' means land 
        administered by a land management agency within--
                    ``(A) the Department of Agriculture; or
                    ``(B) the Department of the Interior.
            ``(2) Idled well.--The term `idled well' means a well--
                    ``(A) that has been nonoperational for not fewer 
                than 4 years; and
                    ``(B) for which there is no anticipated beneficial 
                future use.
            ``(3) Indian tribe.--The term `Indian Tribe' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            ``(4) Operator.--The term `operator', with respect to an oil 
        or gas operation, means any entity, including a lessee or 
        operating rights owner, that has provided to a relevant 
        authority a written statement that the entity is responsible for 
        the oil or gas operation, or any portion of the operation.
            ``(5) Orphaned well.--The term `orphaned well'--
                    ``(A) with respect to Federal land or Tribal land, 
                means a well--
                          ``(i)(I) that is not used for an authorized 
                      purpose, such as production, injection, or 
                      monitoring; and
                          ``(II)(aa) for which no operator can be 
                      located;
                          ``(bb) the operator of which is unable--
                                    ``(AA) to plug the well; and
                                    ``(BB) to remediate and reclaim the 
                                well site; or

[[Page 135 STAT. 1081]]

                          ``(cc) that is within the National Petroleum 
                      Reserve-Alaska; and
                    ``(B) with respect to State or private land--
                          ``(i) has the meaning given the term by the 
                      applicable State; or
                          ``(ii) if that State uses different 
                      terminology, has the meaning given another term 
                      used by the State to describe a well eligible for 
                      plugging, remediation, and reclamation by the 
                      State.
            ``(6) Tribal land.--The term `Tribal land' means any land or 
        interest in land owned by an Indian Tribe, the title to which 
        is--
                    ``(A) held in trust by the United States; or
                    ``(B) subject to a restriction against alienation 
                under Federal law.

    ``(b) Federal Program.--
            ``(1) <<NOTE: Deadline.>>  Establishment.--Not later than 60 
        days after the date of enactment of the Infrastructure 
        Investment and Jobs Act, the Secretary shall establish a program 
        to plug, remediate, and reclaim orphaned wells located on 
        Federal land.
            ``(2) Included activities.--The program under this 
        subsection shall--
                    ``(A) include a method of--
                          ``(i) identifying, characterizing, and 
                      inventorying orphaned wells and associated 
                      pipelines, facilities, and infrastructure on 
                      Federal land; and
                          ``(ii) ranking those orphaned wells for 
                      priority in plugging, remediation, and 
                      reclamation, based on--
                                    ``(I) public health and safety;
                                    ``(II) potential environmental harm; 
                                and
                                    ``(III) other subsurface impacts or 
                                land use priorities;
                    ``(B) distribute funding in accordance with the 
                priorities established under subparagraph (A)(ii) for--
                          ``(i) plugging orphaned wells;
                          ``(ii) remediating and reclaiming well pads 
                      and facilities associated with orphaned wells;
                          ``(iii) remediating soil and restoring native 
                      species habitat that has been degraded due to the 
                      presence of orphaned wells and associated 
                      pipelines, facilities, and infrastructure; and
                          ``(iv) remediating land adjacent to orphaned 
                      wells and decommissioning or removing associated 
                      pipelines, facilities, and infrastructure;
                    ``(C) <<NOTE: Public information.>> provide a public 
                accounting of the costs of plugging, remediation, and 
                reclamation for each orphaned well;
                    ``(D) <<NOTE: Determination.>> seek to determine the 
                identities of potentially responsible parties associated 
                with the orphaned well (or a surety or guarantor of such 
                a party), to the extent such information can be 
                ascertained, and make efforts to obtain reimbursement 
                for expenditures to the extent practicable;
                    ``(E) measure or estimate and track--
                          ``(i) emissions of methane and other gases 
                      associated with orphaned wells; and
                          ``(ii) contamination of groundwater or surface 
                      water associated with orphaned wells; and

[[Page 135 STAT. 1082]]

                    ``(F) identify and address any disproportionate 
                burden of adverse human health or environmental effects 
                of orphaned wells on communities of color, low-income 
                communities, and Tribal and indigenous communities.
            ``(3) Idled wells.--The Secretary, acting through the 
        Director of the Bureau of Land Management, shall--
                    ``(A) <<NOTE: Review.>> periodically review all 
                idled wells on Federal land; and
                    ``(B) reduce the inventory of idled wells on Federal 
                land.
            ``(4) Cooperation and consultation.--In carrying out the 
        program under this subsection, the Secretary shall--
                    ``(A) work cooperatively with--
                          ``(i) the Secretary of Agriculture;
                          ``(ii) affected Indian Tribes; and
                          ``(iii) each State within which Federal land 
                      is located; and
                    ``(B) <<NOTE: Consultation.>> consult with--
                          ``(i) the Secretary of Energy; and
                          ``(ii) the Interstate Oil and Gas Compact 
                      Commission.

    ``(c) Funding for State Programs.--
            ``(1) In general.--The Secretary shall provide to States, in 
        accordance with this subsection--
                    ``(A) initial grants under paragraph (3);
                    ``(B) formula grants under paragraph (4); and
                    ``(C) performance grants under paragraph (5).
            ``(2) Activities.--
                    ``(A) In general.--A State may use funding provided 
                under this subsection for any of the following purposes:
                          ``(i) To plug, remediate, and reclaim orphaned 
                      wells located on State-owned or privately owned 
                      land.
                          ``(ii) To identify and characterize 
                      undocumented orphaned wells on State and private 
                      land.
                          ``(iii) To rank orphaned wells based on 
                      factors including--
                                    ``(I) public health and safety;
                                    ``(II) potential environmental harm; 
                                and
                                    ``(III) other land use priorities.
                          ``(iv) <<NOTE: Public information. Web 
                      posting.>> To make information regarding the use 
                      of funds received under this subsection available 
                      on a public website.
                          ``(v) To measure and track--
                                    ``(I) emissions of methane and other 
                                gases associated with orphaned wells; 
                                and
                                    ``(II) contamination of groundwater 
                                or surface water associated with 
                                orphaned wells.
                          ``(vi) To remediate soil and restore native 
                      species habitat that has been degraded due to the 
                      presence of orphaned wells and associated 
                      pipelines, facilities, and infrastructure.
                          ``(vii) To remediate land adjacent to orphaned 
                      wells and decommission or remove associated 
                      pipelines, facilities, and infrastructure.
                          ``(viii) To identify and address any 
                      disproportionate burden of adverse human health or 
                      environmental effects of orphaned wells on 
                      communities of color, low-

[[Page 135 STAT. 1083]]

                      income communities, and Tribal and indigenous 
                      communities.
                          ``(ix) Subject to subparagraph (B), to 
                      administer a program to carry out any activities 
                      described in clauses (i) through (viii).
                    ``(B) Administrative cost limitation.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), a State shall not use more than 10 
                      percent of the funds received under this 
                      subsection during a fiscal year for administrative 
                      costs under subparagraph (A)(ix).
                          ``(ii) Exception.--The limitation under clause 
                      (i) shall not apply to funds used by a State as 
                      described in paragraph (3)(A)(ii).
            ``(3) Initial grants.--
                    ``(A) In general.--Subject to the availability of 
                appropriations, the Secretary shall distribute--
                          ``(i) <<NOTE: Deadline.>>  not more than 
                      $25,000,000 to each State that submits to the 
                      Secretary, by not later than 180 days after the 
                      date of enactment of the Infrastructure Investment 
                      and Jobs Act, a request for funding under this 
                      clause, including--
                                    ``(I) <<NOTE: Estimate.>> an 
                                estimate of the number of jobs that will 
                                be created or saved through the 
                                activities proposed to be funded; and
                                    ``(II) <<NOTE: Certification.>>  a 
                                certification that--
                                            ``(aa) the State is a Member 
                                        State or Associate Member State 
                                        of the Interstate Oil and Gas 
                                        Compact Commission;
                                            ``(bb) there are 1 or more 
                                        documented orphaned wells 
                                        located in the State; and
                                            ``(cc) the State will use 
                                        not less than 90 percent of the 
                                        funding requested under this 
                                        subsection to issue new 
                                        contracts, amend existing 
                                        contracts, or issue grants for 
                                        plugging, remediation, and 
                                        reclamation work by not later 
                                        than 90 days after the date of 
                                        receipt of the funds; and
                          ``(ii) not more than $5,000,000 to each State 
                      that--
                                    ``(I) requests funding under this 
                                clause;
                                    ``(II) does not receive a grant 
                                under clause (i); and
                                    ``(III) <<NOTE: Certification.>>  
                                certifies to the Secretary that--
                                            ``(aa) the State--
                                                ``(AA) has in effect a 
                                            plugging, remediation, and 
                                            reclamation program for 
                                            orphaned wells; or
                                                ``(BB) the capacity to 
                                            initiate such a program; or
                                            ``(bb) the funds provided 
                                        under this paragraph will be 
                                        used to carry out any 
                                        administrative actions necessary 
                                        to develop an application for a 
                                        formula grant under paragraph 
                                        (4) or a performance grant under 
                                        paragraph (5).
                    ``(B) <<NOTE: Deadline.>>  Distribution.--Subject to 
                the availability of appropriations, the Secretary shall 
                distribute funds to a State under this paragraph by not 
                later than the date

[[Page 135 STAT. 1084]]

                that is 30 days after the date on which the State 
                submits to the Secretary the certification required 
                under clause (i)(II) or (ii)(III) of subparagraph (A), 
                as applicable.
                    ``(C) <<NOTE: Reimbursement.>>  Deadline for 
                expenditure.--A State that receives funds under this 
                paragraph shall reimburse the Secretary in an amount 
                equal to the amount of the funds that remain unobligated 
                on the date that is 1 year after the date of receipt of 
                the funds.
                    ``(D) Report.--Not later than 15 months after the 
                date on which a State receives funds under this 
                paragraph, the State shall submit to the Secretary a 
                report that describes the means by which the State used 
                the funds in accordance with the certification submitted 
                by the State under subparagraph (A).
            ``(4) Formula grants.--
                    ``(A) Establishment.--
                          ``(i) In general.--The Secretary shall 
                      establish a formula for the distribution to each 
                      State described in clause (ii) of funds under this 
                      paragraph.
                          ``(ii) <<NOTE: Deadline. Notice.>>  
                      Description of states.--A State referred to in 
                      clause (i) is a State that, by not later than 45 
                      days after the date of enactment of the 
                      Infrastructure Investment and Jobs Act, submits to 
                      the Secretary a notice of the intent of the State 
                      to submit an application under subparagraph (B), 
                      including a description of the factors described 
                      in clause (iii) with respect to the State.
                          ``(iii) Factors.--The formula established 
                      under clause (i) shall account for, with respect 
                      to an applicant State, the following factors:
                                    ``(I) <<NOTE: Time period.>>  Job 
                                losses in the oil and gas industry in 
                                the State during the period--
                                            ``(aa) beginning on March 1, 
                                        2020; and
                                            ``(bb) ending on the date of 
                                        enactment of the Infrastructure 
                                        Investment and Jobs Act.
                                    ``(II) The number of documented 
                                orphaned wells located in the State, and 
                                the projected cost--
                                            ``(aa) to plug or reclaim 
                                        those orphaned wells;
                                            ``(bb) to reclaim adjacent 
                                        land; and
                                            ``(cc) to decommission or 
                                        remove associated pipelines, 
                                        facilities, and infrastructure.
                          ``(iv) <<NOTE: Deadline. Public 
                      information. Web posting.>>  Publication.--Not 
                      later than 75 days after the date of enactment of 
                      the Infrastructure Investment and Jobs Act, the 
                      Secretary shall publish on a public website the 
                      amount that each State is eligible to receive 
                      under the formula under this subparagraph.
                    ``(B) Application.--To be eligible to receive a 
                formula grant under this paragraph, a State shall submit 
                to the Secretary an application that includes--
                          ``(i) a description of--
                                    ``(I) the State program for orphaned 
                                well plugging, remediation, and 
                                restoration, including legal 
                                authorities, processes used to identify 
                                and prioritize orphaned wells, 
                                procurement mechanisms, and other 
                                program elements demonstrating

[[Page 135 STAT. 1085]]

                                the readiness of the State to carry out 
                                proposed activities using the grant;
                                    ``(II) the activities to be carried 
                                out with the grant, including an 
                                identification of the estimated health, 
                                safety, habitat, and environmental 
                                benefits of plugging, remediating, or 
                                reclaiming orphaned wells; and
                                    ``(III) the means by which the 
                                information regarding the activities of 
                                the State under this paragraph will be 
                                made available on a public website;
                          ``(ii) <<NOTE: Estimates.>>  an estimate of--
                                    ``(I) the number of orphaned wells 
                                in the State that will be plugged, 
                                remediated, or reclaimed;
                                    ``(II) the projected cost of--
                                            ``(aa) plugging, 
                                        remediating, or reclaiming 
                                        orphaned wells;
                                            ``(bb) remediating or 
                                        reclaiming adjacent land; and
                                            ``(cc) decommissioning or 
                                        removing associated pipelines, 
                                        facilities, and infrastructure;
                                    ``(III) the amount of that projected 
                                cost that will be offset by the 
                                forfeiture of financial assurance 
                                instruments, the estimated salvage of 
                                well site equipment, or other proceeds 
                                from the orphaned wells and adjacent 
                                land;
                                    ``(IV) the number of jobs that will 
                                be created or saved through the 
                                activities to be funded under this 
                                paragraph; and
                                    ``(V) the amount of funds to be 
                                spent on administrative costs;
                          ``(iii) <<NOTE: Certification.>> a 
                      certification that any financial assurance 
                      instruments available to cover plugging, 
                      remediation, or reclamation costs will be used by 
                      the State; and
                          ``(iv) the definitions and processes used by 
                      the State to formally identify a well as--
                                    ``(I) an orphaned well; or
                                    ``(II) if the State uses different 
                                terminology, otherwise eligible for 
                                plugging, remediation, and reclamation 
                                by the State.
                    ``(C) Distribution.--Subject to the availability of 
                appropriations, the Secretary shall distribute funds to 
                a State under this paragraph by not later than the date 
                that is 60 days after the date on which the State 
                submits to the Secretary a completed application under 
                subparagraph (B).
                    ``(D) <<NOTE: Reimbursement.>>  Deadline for 
                expenditure.--A State that receives funds under this 
                paragraph shall reimburse the Secretary in an amount 
                equal to the amount of the funds that remain unobligated 
                on the date that is 5 years after the date of receipt of 
                the funds.
                    ``(E) <<NOTE: Determination.>>  Consultation.--In 
                making a determination under this paragraph regarding 
                the eligibility of a State to receive a formula grant, 
                the Secretary shall consult with--
                          ``(i) the Administrator of the Environmental 
                      Protection Agency;
                          ``(ii) the Secretary of Energy; and

[[Page 135 STAT. 1086]]

                          ``(iii) the Interstate Oil and Gas Compact 
                      Commission.
            ``(5) Performance grants.--
                    ``(A) Establishment.--The Secretary shall provide to 
                States, in accordance with this paragraph--
                          ``(i) regulatory improvement grants under 
                      subparagraph (E); and
                          ``(ii) matching grants under subparagraph (F).
                    ``(B) Application.--To be eligible to receive a 
                grant under this paragraph, a State shall submit to the 
                Secretary an application including--
                          ``(i) each element described in an application 
                      for a grant under paragraph (4)(B);
                          ``(ii) activities carried out by the State to 
                      address orphaned wells located in the State, 
                      including--
                                    ``(I) increasing State spending on 
                                well plugging, remediation, and 
                                reclamation; or
                                    ``(II) improving regulation of oil 
                                and gas wells; and
                          ``(iii) the means by which the State will use 
                      funds provided under this paragraph--
                                    ``(I) to lower unemployment in the 
                                State; and
                                    ``(II) to improve economic 
                                conditions in economically distressed 
                                areas of the State.
                    ``(C) <<NOTE: Deadline.>> Distribution.--Subject to 
                the availability of appropriations, the Secretary shall 
                distribute funds to a State under this paragraph by not 
                later than the date that is 60 days after the date on 
                which the State submits to the Secretary a completed 
                application under subparagraph (B).
                    ``(D) <<NOTE: Determination.>> Consultation.--In 
                making a determination under this paragraph regarding 
                the eligibility of a State to receive a grant under 
                subparagraph (E) or (F), the Secretary shall consult 
                with--
                          ``(i) the Administrator of the Environmental 
                      Protection Agency;
                          ``(ii) the Secretary of Energy; and
                          ``(iii) the Interstate Oil and Gas Compact 
                      Commission.
                    ``(E) Regulatory improvement grants.--
                          ``(i) <<NOTE: Time periods. Criteria.>> In 
                      general.--Beginning on the date that is 180 days 
                      after the date on which an initial grant is 
                      provided to a State under paragraph (3), the 
                      Secretary shall, subject to the availability of 
                      appropriations, provide to the State a regulatory 
                      improvement grant under this subparagraph, if the 
                      State meets, during the 10-year period ending on 
                      the date on which the State submits to the 
                      Secretary an application under subparagraph (B), 1 
                      of the following criteria:
                                    ``(I) The State has strengthened 
                                plugging standards and procedures 
                                designed to ensure that wells located in 
                                the State are plugged in an effective 
                                manner that protects groundwater and 
                                other natural resources, public health 
                                and safety, and the environment.
                                    ``(II) The State has made 
                                improvements to State programs designed 
                                to reduce future

[[Page 135 STAT. 1087]]

                                orphaned well burdens, such as financial 
                                assurance reform, alternative funding 
                                mechanisms for orphaned well programs, 
                                and reforms to programs relating to well 
                                transfer or temporary abandonment.
                          ``(ii) Limitations.--
                                    ``(I) Number.--The Secretary may 
                                issue to a State under this subparagraph 
                                not more than 1 grant for each criterion 
                                described in subclause (I) or (II) of 
                                clause (i).
                                    ``(II) Maximum amount.--The amount 
                                of a single grant provided to a State 
                                under this subparagraph shall be not 
                                more than $20,000,000.
                          ``(iii) Reimbursement for failure to maintain 
                      protections.-- <<NOTE: Time period.>> A State that 
                      receives a grant under this subparagraph shall 
                      reimburse the Secretary in an amount equal to the 
                      amount of the grant in any case in which, during 
                      the 10-year period beginning on the date of 
                      receipt of the grant, the State enacts a law or 
                      regulation that, if in effect on the date of 
                      submission of the application under subparagraph 
                      (B), would have prevented the State from being 
                      eligible to receive the grant under clause (i).
                    ``(F) Matching grants.--
                          ``(i) <<NOTE: Time period.>> In general.--
                      Beginning on the date that is 180 days after the 
                      date on which an initial grant is provided to a 
                      State under paragraph (3), the Secretary shall, 
                      subject to the availability of appropriations, 
                      provide to the State funding, in an amount equal 
                      to the difference between--
                                    ``(I) <<NOTE: Time period.>>  the 
                                average annual amount expended by the 
                                State during the period of fiscal years 
                                2010 through 2019--
                                            ``(aa) to plug, remediate, 
                                        and reclaim orphaned wells; and
                                            ``(bb) to decommission or 
                                        remove associated pipelines, 
                                        facilities, or infrastructure; 
                                        and
                                    ``(II) the amount that the State 
                                certifies to the Secretary the State 
                                will expend, during the fiscal year in 
                                which the State will receive the grant 
                                under this subparagraph--
                                            ``(aa) to plug, remediate, 
                                        and reclaim orphaned wells;
                                            ``(bb) to remediate or 
                                        reclaim adjacent land; and
                                            ``(cc) to decommission or 
                                        remove associated pipelines, 
                                        facilities, and infrastructure.
                          ``(ii) Limitations.--
                                    ``(I) Fiscal year.--The Secretary 
                                may issue to a State under this 
                                subparagraph not more than 1 grant for 
                                each fiscal year.
                                    ``(II) Total funds provided.--The 
                                Secretary may provide to a State under 
                                this subparagraph a total amount equal 
                                to not more than $30,000,000 during the 
                                period of fiscal years 2022 through 
                                2031.

[[Page 135 STAT. 1088]]

    ``(d) Tribal <<NOTE: Grants.>>  Orphaned Well Site Plugging, 
Remediation, and Restoration.--
            ``(1) Establishment.--The Secretary shall establish a 
        program under which the Secretary shall--
                    ``(A) provide to Indian Tribes grants in accordance 
                with this subsection; or
                    ``(B) on request of an Indian Tribe and in lieu of a 
                grant under subparagraph (A), administer and carry out 
                plugging, remediation, and reclamation activities in 
                accordance with paragraph (7).
            ``(2) Eligible activities.--
                    ``(A) In general.--An Indian Tribe may use a grant 
                received under this subsection--
                          ``(i) to plug, remediate, or reclaim an 
                      orphaned well on Tribal land;
                          ``(ii) to remediate soil and restore native 
                      species habitat that has been degraded due to the 
                      presence of an orphaned well or associated 
                      pipelines, facilities, or infrastructure on Tribal 
                      land;
                          ``(iii) to remediate Tribal land adjacent to 
                      orphaned wells and decommission or remove 
                      associated pipelines, facilities, and 
                      infrastructure;
                          ``(iv) <<NOTE: Public information. Web 
                      posting.>> to provide an online public accounting 
                      of the cost of plugging, remediation, and 
                      reclamation for each orphaned well site on Tribal 
                      land;
                          ``(v) to identify and characterize 
                      undocumented orphaned wells on Tribal land; and
                          ``(vi) to develop or administer a Tribal 
                      program to carry out any activities described in 
                      clauses (i) through (v).
                    ``(B) Administrative cost limitation.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), an Indian Tribe shall not use more 
                      than 10 percent of the funds received under this 
                      subsection during a fiscal year for administrative 
                      costs under subparagraph (A)(vi).
                          ``(ii) Exception.--The limitation under clause 
                      (i) shall not apply to any funds used to carry out 
                      an administrative action necessary for the 
                      development of a Tribal program described in 
                      subparagraph (A)(vi).
            ``(3) Factors for consideration.--In determining whether to 
        provide to an Indian Tribe a grant under this subsection, the 
        Secretary shall take into consideration--
                    ``(A) the unemployment rate of the Indian Tribe on 
                the date on which the Indian Tribe submits an 
                application under paragraph (4); and
                    ``(B) the estimated number of orphaned wells on the 
                Tribal land of the Indian Tribe.
            ``(4) Application.--To be eligible to receive a grant under 
        this subsection, an Indian Tribe shall submit to the Secretary 
        an application that includes--
                    ``(A) a description of--
                          ``(i) the Tribal program for orphaned well 
                      plugging, remediation, and restoration, including 
                      legal authorities, processes used to identify and 
                      prioritize orphaned wells, procurement mechanisms, 
                      and other program elements demonstrating the 
                      readiness of the Indian

[[Page 135 STAT. 1089]]

                      Tribe to carry out the proposed activities, or 
                      plans to develop such a program; and
                          ``(ii) the activities to be carried out with 
                      the grant, including an identification of the 
                      estimated health, safety, habitat, and 
                      environmental benefits of plugging, remediating, 
                      or reclaiming orphaned wells and remediating or 
                      reclaiming adjacent land; and
                    ``(B) <<NOTE: Estimates.>>  an estimate of--
                          ``(i) the number of orphaned wells that will 
                      be plugged, remediated, or reclaimed; and
                          ``(ii) the projected cost of--
                                    ``(I) plugging, remediating, or 
                                reclaiming orphaned wells;
                                    ``(II) remediating or reclaiming 
                                adjacent land; and
                                    ``(III) decommissioning or removing 
                                associated pipelines, facilities, and 
                                infrastructure.
            ``(5) <<NOTE: Deadline.>> Distribution.--Subject to the 
        availability of appropriations, the Secretary shall distribute 
        funds to an Indian Tribe under this subsection by not later than 
        the date that is 60 days after the date on which the Indian 
        Tribe submits to the Secretary a completed application under 
        paragraph (4).
            ``(6) Deadline for expenditure.--An Indian Tribe that 
        receives funds under this subsection shall reimburse the 
        Secretary in an amount equal to the amount of the funds that 
        remain unobligated on the date that is 5 years after the date of 
        receipt of the funds, except for cases in which the Secretary 
        has granted the Indian Tribe an extended deadline for completion 
        of the eligible activities after consultation.
            ``(7) Delegation to secretary in lieu of a grant.--
                    ``(A) In general.--In lieu of a grant under this 
                subsection, an Indian Tribe may submit to the Secretary 
                a request for the Secretary to administer and carry out 
                plugging, remediation, and reclamation activities 
                relating to an orphaned well on behalf of the Indian 
                Tribe.
                    ``(B) Administration.--Subject to the availability 
                of appropriations under subsection (h)(1)(E), on 
                submission of a request under subparagraph (A), the 
                Secretary shall administer or carry out plugging, 
                remediation, and reclamation activities for an orphaned 
                well on Tribal land.

    ``(e) Technical Assistance.--The Secretary of Energy, in cooperation 
with the Secretary and the Interstate Oil and Gas Compact Commission, 
shall provide technical assistance to the Federal land management 
agencies and oil and gas producing States and Indian Tribes to support 
practical and economical remedies for environmental problems caused by 
orphaned wells on Federal land, Tribal land, and State and private land, 
including the sharing of best practices in the management of oil and gas 
well inventories to ensure the availability of funds to plug, remediate, 
and restore oil and gas well sites on cessation of operation.
    ``(f) Report to Congress.--Not later than 1 year after the date of 
enactment of the Infrastructure Investment and Jobs Act, and not less 
frequently than annually thereafter, the Secretary shall submit to the 
Committees on Appropriations and Energy and Natural Resources of the 
Senate and the Committees on Appropriations and Natural Resources of the 
House of Representatives

[[Page 135 STAT. 1090]]

a report describing the program established and grants awarded under 
this section, including--
            ``(1) <<NOTE: Inventory.>>  an updated inventory of wells 
        located on Federal land, Tribal land, and State and private land 
        that are--
                    ``(A) orphaned wells; or
                    ``(B) at risk of becoming orphaned wells;
            ``(2) an estimate of the quantities of--
                    ``(A) methane and other gasses emitted from orphaned 
                wells; and
                    ``(B) emissions reduced as a result of plugging, 
                remediating, and reclaiming orphaned wells;
            ``(3) the number of jobs created and saved through the 
        plugging, remediation, and reclamation of orphaned wells; and
            ``(4) the acreage of habitat restored using grants awarded 
        to plug, remediate, and reclaim orphaned wells and to remediate 
        or reclaim adjacent land, together with a description of the 
        purposes for which that land is likely to be used in the future.

    ``(g) Effect of Section.--
            ``(1) No expansion of liability.--Nothing in this section 
        establishes or expands the responsibility or liability of any 
        entity with respect to--
                    ``(A) plugging any well; or
                    ``(B) remediating or reclaiming any well site.
            ``(2) Tribal land.--Nothing in this section--
                    ``(A) relieves the Secretary of any obligation under 
                section 3 of the Act of May 11, 1938 (25 U.S.C. 396c; 52 
                Stat. 348, chapter 198), to plug, remediate, or reclaim 
                an orphaned well located on Tribal land; or
                    ``(B) absolves the United States from a 
                responsibility to plug, remediate, or reclaim an 
                orphaned well located on Tribal land or any other 
                responsibility to an Indian Tribe, including any 
                responsibility that derives from--
                          ``(i) the trust relationship between the 
                      United States and Indian Tribes;
                          ``(ii) any treaty, law, or Executive order; or
                          ``(iii) any agreement between the United 
                      States and an Indian Tribe.
            ``(3) Owner or operator not absolved.--Nothing in this 
        section absolves the owner or operator of an oil or gas well of 
        any potential liability for--
                    ``(A) reimbursement of any plugging or reclamation 
                costs associated with the well; or
                    ``(B) any adverse effect of the well on the 
                environment.

    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2022, to remain available until September 
30, 2030:
            ``(1) to the Secretary--
                    ``(A) $250,000,000 to carry out the program under 
                subsection (b);
                    ``(B) $775,000,000 to provide grants under 
                subsection (c)(3);
                    ``(C) $2,000,000,000 to provide grants under 
                subsection (c)(4);
                    ``(D) $1,500,000,000 to provide grants under 
                subsection (c)(5); and

[[Page 135 STAT. 1091]]

                    ``(E) $150,000,000 to carry out the program under 
                subsection (d);
            ``(2) to the Secretary of Energy, $30,000,000 to conduct 
        research and development activities in cooperation with the 
        Interstate Oil and Gas Compact Commission to assist the Federal 
        land management agencies, States, and Indian Tribes in--
                    ``(A) identifying and characterizing undocumented 
                orphaned wells; and
                    ``(B) mitigating the environmental risks of 
                undocumented orphaned wells; and
            ``(3) to the Interstate Oil and Gas Compact Commission, 
        $2,000,000 to carry out this section.''.

               TITLE VII--ABANDONED MINE LAND RECLAMATION

SEC. 40701. <<NOTE: Grants. 30 USC 1231a.>>  ABANDONED MINE 
                            RECLAMATION FUND AUTHORIZATION OF 
                            APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated, for deposit 
into the Abandoned Mine Reclamation Fund established by section 401(a) 
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1231(a)) $11,293,000,000 for fiscal year 2022, to remain available until 
expended.
    (b) Use of Funds.--
            (1) In general.--Subject to subsection (g), amounts made 
        available under subsection (a) shall be used to provide, as 
        expeditiously as practicable, to States and Indian Tribes 
        described in paragraph (2) annual grants for abandoned mine land 
        and water reclamation projects under the Surface Mining Control 
        and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
            (2) Eligible grant recipients.--Grants may be made under 
        paragraph (1) to--
                    (A) States and Indian Tribes that have a State or 
                Tribal program approved under section 405 of the Surface 
                Mining Control and Reclamation Act of 1977 (30 U.S.C. 
                1235);
                    (B) States and Indian Tribes that are certified 
                under section 411(a) of that Act (30 U.S.C. 1240a(a)); 
                and
                    (C) States and Indian Tribes that are referred to in 
                section 402(g)(8)(B) of that Act (30 U.S.C. 
                1232(g)(8)(B)).
            (3) Contract aggregation.--In applying for grants under 
        paragraph (1), States and Indian Tribes may aggregate bids into 
        larger statewide or regional contracts.

    (c) Covered Activities.--Grants under subsection (b)(1) shall only 
be used for activities described in subsections (a) and (b) of section 
403 and section 410 of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1233, 1240).
    (d) Allocation.--
            (1) In general.--Subject to subsection (e), the Secretary of 
        the Interior shall allocate and distribute amounts made 
        available for grants under subsection (b)(1) to States and 
        Indian Tribes on an equal annual basis over a 15-year period 
        beginning on the date of enactment of this Act, based on the 
        number of tons of coal historically produced in the States or 
        from the applicable Indian land before August 3, 1977, 
        regardless of whether the State or Indian Tribe is certified 
        under section

[[Page 135 STAT. 1092]]

        411(a) of the Surface Mining Control and Reclamation Act of 1977 
        (30 U.S.C. 1240a(a)).
            (2) Surface mining control and reclamation act exception.--
        Section 401(f)(3)(B) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not 
        apply to grant funds distributed under subsection (b)(1).
            (3) Report to congress on allocations.--
                    (A) In general.--Not later than 6 years after the 
                date on which the first allocation to States and Indian 
                Tribes is made under paragraph (1), the Secretary of the 
                Interior shall submit to Congress a report that 
                describes any progress made under this section in 
                addressing outstanding reclamation needs under 
                subsection (a) or (b) of section 403 or section 410 of 
                the Surface Mining Control and Reclamation and Act of 
                1977 (30 U.S.C. 1233, 1240).
                    (B) Input.--The Secretary of the Interior shall--
                          (i) prior to submitting the report under 
                      subparagraph (A), solicit the input of the States 
                      and Indian Tribes regarding the progress referred 
                      to in that subparagraph; and
                          (ii) include in the report submitted to 
                      Congress under that subparagraph a description of 
                      any input received under clause (i).
            (4) Redistribution of funds.--
                    (A) <<NOTE: Deadline.>> Evaluation.--Not later than 
                20 years after the date of enactment of this Act, the 
                Secretary of the Interior shall evaluate grant payments 
                to States and Indian Tribes made under this section.
                    (B) Unused funds.--On completion of the evaluation 
                under subparagraph (A), States and Indian Tribes shall 
                return any unused funds under this section to the 
                Abandoned Mine Reclamation Fund.

    (e) Total Amount of Grant.--The total amount of grant funding 
provided under subsection (b)(1) to an eligible State or Indian Tribe 
shall be not less than $20,000,000, to the extent that the amount needed 
for reclamation projects described in that subsection on the land of the 
State or Indian Tribe is not less than $20,000,000.
    (f) Priority.--In addition to the priorities described in section 
403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1233(a)), in providing grants under this section, priority may 
also be given to reclamation projects described in subsection (b)(1) 
that provide employment for current and former employees of the coal 
industry.
    (g) Reservation.--Of the funds made available under subsection (a), 
$25,000,000 shall be made available to the Secretary of the Interior to 
provide States and Indian Tribes with the financial and technical 
assistance necessary for the purpose of making amendments to the 
inventory maintained under section 403(c) of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1233(c)).
SEC. 40702. ABANDONED MINE RECLAMATION FEE.

    (a) Amount.--Section 402(a) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
            (1) by striking ``28 cents'' and inserting ``22.4 cents'';
            (2) by striking ``12 cents'' and inserting ``9.6 cents''; 
        and

[[Page 135 STAT. 1093]]

            (3) by striking ``8 cents'' and inserting ``6.4 cents''.

    (b) Duration.--Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
``September 30, 2021'' and inserting ``September 30, 2034''.
SEC. 40703. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION 
                            FUND.

    Section 401(f)(2) of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1231(f)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in the subparagraph heading, by striking 
                ``2022'' and inserting ``2035''; and
                    (B) in the matter preceding clause (i), by striking 
                ``2022'' and inserting ``2035''; and
            (2) in subparagraph (B)--
                    (A) in the subparagraph heading, by striking 
                ``2023'' and inserting ``2036'';
                    (B) by striking ``2023'' and inserting ``2036''; and
                    (C) by striking ``2022'' and inserting ``2035''.
SEC. 40704. <<NOTE: Inventory. Assessment. Grants. 30 USC 1245.>>  
                            ABANDONED HARDROCK MINE RECLAMATION.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall establish a program to 
inventory, assess, decommission, reclaim, respond to hazardous substance 
releases on, and remediate abandoned hardrock mine land based on 
conditions including need, public health and safety, potential 
environmental harm, and other land use priorities.
    (b) Award of Grants.--Subject to the availability of funds, the 
Secretary shall provide grants on a competitive or formula basis to 
States and Indian Tribes that have jurisdiction over abandoned hardrock 
mine land to reclaim that land.
    (c) Eligibility.--Amounts made available under this section may only 
be used for Federal, State, Tribal, local, and private land that has 
been affected by past hardrock mining activities, and water resources 
that traverse or are contiguous to such land, including any of the 
following:
            (1) Land and water resources that were--
                    (A) used for, or affected by, hardrock mining 
                activities; and
                    (B) abandoned or left in an inadequate reclamation 
                status before the date of enactment of this Act.
            (2) <<NOTE: Determination.>>  Land for which the Secretary 
        makes a determination that there is no continuing reclamation 
        responsibility of a claim holder, liable party, operator, or 
        other person that abandoned the site prior to completion of 
        required reclamation under Federal or State law.

    (d) Eligible Activities.--
            (1) In general.--Amounts made available to carry out this 
        section shall be used to inventory, assess, decommission, 
        reclaim, respond to hazardous substance releases on, and 
        remediate abandoned hardrock mine land based on the priorities 
        described in subsection (a).
            (2) Exclusion.--Amounts made available to carry out this 
        section may not be used to fulfill obligations under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in

[[Page 135 STAT. 1094]]

        a legal settlement or imposed by a court, whether for payment of 
        funds or for work to be performed.

    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $3,000,000,000, to remain available until 
        expended, of which--
                    (A) 50 percent shall be for grants to States and 
                Indian Tribes under subsection (b) for eligible 
                activities described in subsection (d)(1); and
                    (B) 50 percent shall be for available to the 
                Secretary for eligible activities described in 
                subsection (d)(1) on Federal land.
            (2) Transfer.--The Secretary may transfer amounts made 
        available to the Secretary under paragraph (1)(B) to the 
        Secretary of Agriculture for activities described in subsection 
        (a) on National Forest System land.

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

SEC. 40801. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION 
                            PROGRAM.

    (a) Establishment.--Public Law 88-657 (16 U.S.C. 532 et seq.) 
(commonly known as the ``Forest Roads and Trails Act'') is amended by 
adding at the end the following:
``SEC. 8. <<NOTE: 16 USC 538a.>>  FOREST SERVICE LEGACY ROAD AND 
                    TRAIL REMEDIATION PROGRAM.

    ``(a) Establishment.--The Secretary shall establish the Forest 
Service Legacy Road and Trail Remediation Program (referred to in this 
section as the `Program').
    ``(b) Activities.--In carrying out the Program, the Secretary shall, 
taking into account foreseeable changes in weather and hydrology--
            ``(1) restore passages for fish and other aquatic species 
        by--
                    ``(A) improving, repairing, or replacing culverts 
                and other infrastructure; and
                    ``(B) removing barriers, as the Secretary determines 
                appropriate, from the passages;
            ``(2) decommission unauthorized user-created roads and 
        trails that are not a National Forest System road or a National 
        Forest System trail, if the applicable unit of the National 
        Forest System has published--
                    ``(A) a Motor Vehicle Use Map and the road is not 
                identified as a National Forest System road on that 
                Motor Vehicle Use Map; or
                    ``(B) a map depicting the authorized trails in the 
                applicable unit of the National Forest System and the 
                trail is not identified as a National Forest System 
                trail on that map;

[[Page 135 STAT. 1095]]

            ``(3) prepare previously closed National Forest System roads 
        for long-term storage, in accordance with subsections (c)(1) and 
        (d), in a manner that--
                    ``(A) prevents motor vehicle use, as appropriate to 
                conform to route designations;
                    ``(B) prevents the roads from damaging adjacent 
                resources, including aquatic and wildlife resources;
                    ``(C) reduces or eliminates the need for road 
                maintenance; and
                    ``(D) preserves the roads for future use;
            ``(4) decommission previously closed National Forest System 
        roads and trails in accordance with subsections (c)(1) and (d);
            ``(5) relocate National Forest System roads and trails--
                    ``(A) to increase resilience to extreme weather 
                events, flooding, and other natural disasters; and
                    ``(B) to respond to changing resource conditions and 
                public input;
            ``(6) convert National Forest System roads to National 
        Forest System trails, while allowing for continued use for 
        motorized and nonmotorized recreation, to the extent the use is 
        compatible with the management status of the road or trail;
            ``(7) decommission temporary roads--
                    ``(A) that were constructed before the date of 
                enactment of this section--
                          ``(i) for emergency operations; or
                          ``(ii) to facilitate a resource extraction 
                      project;
                    ``(B) that were designated as a temporary road by 
                the Secretary; and
                    ``(C)(i) in violation of section 10(b) of the Forest 
                and Rangeland Renewable Resources Planning Act of 1974 
                (16 U.S.C. 1608(b)), on which vegetation cover has not 
                been reestablished; or
                    ``(ii) that have not been fully decommissioned; and
            ``(8) carry out projects on National Forest System roads, 
        trails, and bridges to improve resilience to extreme weather 
        events, flooding, or other natural disasters.

    ``(c) Project Selection.--
            ``(1) Project eligibility.--
                    ``(A) In general.--The Secretary may only fund under 
                the Program a project described in paragraph (3) or (4) 
                of subsection (b) if the Secretary previously and 
                separately--
                          ``(i) solicited public comment for changing 
                      the management status of the applicable National 
                      Forest System road or trail--
                                    ``(I) to close the road or trail to 
                                access; and
                                    ``(II) to minimize impacts to 
                                natural resources; and
                          ``(ii) has closed the road or trail to access 
                      as described in clause (i)(I).
                    ``(B) Requirement.--Each project carried out under 
                the Program shall be on a National Forest System road or 
                trail, except with respect to--
                          ``(i) a project described in subsection 
                      (b)(2); or
                          ``(ii) <<NOTE: Contracts.>> a project carried 
                      out on a watershed for which the Secretary has 
                      entered into a cooperative agreement under section 
                      323 of the Department of the Interior

[[Page 135 STAT. 1096]]

                      and Related Agencies Appropriations Act, 1999 (16 
                      U.S.C. 1011a).
            ``(2) Annual selection of projects for funding.--The 
        Secretary shall--
                    ``(A) establish a process for annually selecting 
                projects for funding under the Program, consistent with 
                the requirements of this section;
                    ``(B) solicit and consider public input regionally 
                in the ranking of projects for funding under the 
                Program;
                    ``(C) give priority for funding under the Program to 
                projects that would--
                          ``(i) protect or improve water quality in 
                      public drinking water source areas;
                          ``(ii) restore the habitat of a threatened, 
                      endangered, or sensitive fish or wildlife species; 
                      or
                          ``(iii) maintain future access to the adjacent 
                      area for the public, contractors, permittees, or 
                      firefighters; and
                    ``(D) <<NOTE: Web posting.>>  publish on the website 
                of the Forest Service--
                          ``(i) the selection process established under 
                      subparagraph (A); and
                          ``(ii) <<NOTE: List.>>  a list that includes a 
                      description and the proposed outcome of each 
                      project funded under the Program in each fiscal 
                      year.

    ``(d) Implementation.--In implementing the Program, the Secretary 
shall ensure that--
            ``(1) the system of roads and trails on the applicable unit 
        of the National Forest System--
                    ``(A) is adequate to meet any increasing demands for 
                timber, recreation, and other uses;
                    ``(B) provides for intensive use, protection, 
                development, and management of the land under principles 
                of multiple use and sustained yield of products and 
                services;
                    ``(C) does not damage, degrade, or impair adjacent 
                resources, including aquatic and wildlife resources, to 
                the extent practicable;
                    ``(D) reflects long-term funding expectations; and
                    ``(E) is adequate for supporting emergency 
                operations, such as evacuation routes during wildfires, 
                floods, and other natural disasters; and
            ``(2) all projects funded under the Program are consistent 
        with any applicable forest plan or travel management plan.

    ``(e) Savings Clause.--A decision to fund a project under the 
Program shall not affect any determination made previously or to be made 
in the future by the Secretary with regard to road or trail closures.''.
    (b) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary of Agriculture to 
carry out section 8 of Public Law 88-657 (commonly known as the ``Forest 
Roads and Trails Act'') $250,000,000 for the period of fiscal years 2022 
through 2026.
SEC. 40802. STUDY AND REPORT ON FEASIBILITY OF REVEGETATING 
                            RECLAIMED MINE SITES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior, acting through the Director 
of the Office of Surface Mining Reclamation and

[[Page 135 STAT. 1097]]

Enforcement, shall conduct, and submit to Congress a report describing 
the results of, a study on the feasibility of revegetating reclaimed 
mined sites.
    (b) Inclusions.--The report submitted under subsection (a) shall 
include--
            (1) <<NOTE: Recommenda- tions.>> recommendations for how a 
        program could be implemented through the Office of Surface 
        Mining Reclamation and Enforcement to revegetate reclaimed mined 
        sites;
            (2) identifications of reclaimed mine sites that would be 
        suitable for inclusion in such a program, including sites on 
        land that--
                    (A) is subject to title IV of the Surface Mining 
                Control and Reclamation Act of 1977 (30 U.S.C. 1231 et 
                seq.); and
                    (B) is not subject to that title;
            (3) a description of any barriers to implementation of such 
        a program, including whether the program would potentially 
        interfere with the authorities contained in, or the 
        implementation of, the Surface Mining Control and Reclamation 
        Act of 1977 (30 U.S.C. 1201 et seq.), including the Abandoned 
        Mine Reclamation Fund created by section 401 of that Act (30 
        U.S.C. 1231) and State reclamation programs under section 405 of 
        that Act (30 U.S.C. 1235); and
            (4) a description of the potential for job creation and 
        workforce needs if such a program was implemented.
SEC. 40803. <<NOTE: 16 USC 6592.>>  WILDFIRE RISK REDUCTION.

    (a) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary of the Interior and 
the Secretary of Agriculture, acting through the Chief of the Forest 
Service, for the activities described in subsection (c), $3,369,200,000 
for the period of fiscal years 2022 through 2026.

    (b) <<NOTE: Deadline.>>  Treatment.--Of the Federal land or Indian 
forest land or rangeland that has been identified as having a very high 
wildfire hazard potential, the Secretary of the Interior and the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, shall, by not later than September 30, 2027, conduct 
restoration treatments and improve the Fire Regime Condition Class of 
10,000,000 acres that are located in--
            (1) the wildland-urban interface; or
            (2) a public drinking water source area.

    (c) Activities.--Of the amounts made available under subsection (a) 
for the period of fiscal years 2022 through 2026--
            (1) $20,000,000 shall be made available for entering into an 
        agreement with the Administrator of the National Oceanic and 
        Atmospheric Administration to establish and operate a program 
        that makes use of the Geostationary Operational Environmental 
        Satellite Program to rapidly detect and report wildfire starts 
        in all areas in which the Secretary of the Interior or the 
        Secretary of Agriculture has financial responsibility for 
        wildland fire protection and prevention, of which--
                    (A) $10,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $10,000,000 shall be made available to the 
                Secretary of Agriculture;

[[Page 135 STAT. 1098]]

            (2) $600,000,000 shall be made available for the salaries 
        and expenses of Federal wildland firefighters in accordance with 
        subsection (d), of which--
                    (A) $120,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $480,000,000 shall be made available to the 
                Secretary of Agriculture;
            (3) $10,000,000 shall be made available to the Secretary of 
        the Interior to acquire technology and infrastructure for each 
        Type I and Type II incident management team to maintain 
        interoperability with respect to the radio frequencies used by 
        any responding agency;
            (4) $30,000,000 shall be made available to the Secretary of 
        Agriculture to provide financial assistance to States, Indian 
        Tribes, and units of local government to establish and operate 
        Reverse-911 telecommunication systems;
            (5) $50,000,000 shall be made available to the Secretary of 
        the Interior to establish and implement a pilot program to 
        provide to local governments financial assistance for the 
        acquisition of slip-on tanker units to establish fleets of 
        vehicles that can be quickly converted to be operated as fire 
        engines;
            (6) <<NOTE: Publication. Deadline. Time period.>> $1,200,000 
        shall be made available to the Secretary of Agriculture, in 
        coordination with the Secretary of the Interior, to develop and 
        publish, not later than 180 days after the date of enactment of 
        this Act, and every 5 years thereafter, a map depicting at-risk 
        communities (as defined in section 101 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6511)), including Tribal at-
        risk communities;
            (7) $100,000,000 shall be made available to the Secretary of 
        the Interior and the Secretary of Agriculture--
                    (A) for--
                          (i) preplanning fire response workshops that 
                      develop--
                                    (I) potential operational 
                                delineations; and
                                    (II) select potential control 
                                locations; and
                          (ii) workforce training for staff, non-Federal 
                      firefighters, and Native village fire crews for--
                                    (I) wildland firefighting; and
                                    (II) increasing the pace and scale 
                                of vegetation treatments, including 
                                training on how to prepare and implement 
                                large landscape treatments; and
                    (B) of which--
                          (i) $50,000,000 shall be made available to the 
                      Secretary of the Interior; and
                          (ii) $50,000,000 shall be made available to 
                      the Secretary of Agriculture;
            (8) <<NOTE: Contracts. Data.>> $20,000,000 shall be made 
        available to the Secretary of Agriculture to enter into an 
        agreement with a Southwest Ecological Restoration Institute 
        established under the Southwest Forest Health and Wildfire 
        Prevention Act of 2004 (16 U.S.C. 6701 et seq.)--
                    (A) to compile and display existing data, including 
                geographic data, for hazardous fuel reduction or 
                wildfire prevention treatments undertaken by the 
                Secretary of the Interior or the Secretary of 
                Agriculture, including treatments undertaken with 
                funding provided under this title;

[[Page 135 STAT. 1099]]

                    (B) to compile and display existing data, including 
                geographic data, for large wildfires, as defined by the 
                National Wildfire Coordinating Group, that occur in the 
                United States;
                    (C) <<NOTE: Coordination.>> to facilitate 
                coordination and use of existing and future interagency 
                fuel treatment data, including geographic data, for the 
                purposes of--
                          (i) <<NOTE: Assessment.>> assessing and 
                      planning cross-boundary fuel treatments; and
                          (ii) monitoring the effects of treatments on 
                      wildfire outcomes and ecosystem restoration 
                      services, using the data compiled under 
                      subparagraphs (A) and (B);
                    (D) <<NOTE: Reports. Time period.>> to publish a 
                report every 5 years showing the extent to which 
                treatments described in subparagraph (A) and previous 
                wildfires affect the boundaries of wildfires, 
                categorized by--
                          (i) Federal land management agency;
                          (ii) region of the United States; and
                          (iii) treatment type; and
                    (E) to carry out other related activities of a 
                Southwest Ecological Restoration Institute, as 
                authorized by the Southwest Forest Health and Wildfire 
                Prevention Act of 2004 (16 U.S.C. 6701 et seq.);
            (9) $20,000,000 shall be available for activities conducted 
        under the Joint Fire Science Program, of which--
                    (A) $10,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $10,000,000 shall be made available to the 
                Secretary of Agriculture;
            (10) $100,000,000 shall be made available to the Secretary 
        of Agriculture for collaboration and collaboration-based 
        activities, including facilitation, certification of 
        collaboratives, and planning and implementing projects under the 
        Collaborative Forest Landscape Restoration Program established 
        under section 4003 of the Omnibus Public Land Management Act of 
        2009 (16 U.S.C. 7303) in accordance with subsection (e);
            (11) $500,000,000 shall be made available to the Secretary 
        of the Interior and the Secretary of Agriculture--
                    (A) for--
                          (i) conducting mechanical thinning and timber 
                      harvesting in an ecologically appropriate manner 
                      that maximizes the retention of large trees, as 
                      appropriate for the forest type, to the extent 
                      that the trees promote fire-resilient stands; or
                          (ii) precommercial thinning in young growth 
                      stands for wildlife habitat benefits to provide 
                      subsistence resources; and
                    (B) of which--
                          (i) $100,000,000 shall be made available to 
                      the Secretary of the Interior; and
                          (ii) $400,000,000 shall be made available to 
                      the Secretary of Agriculture;
            (12) <<NOTE: Grants.>> $500,000,000 shall be made available 
        to the Secretary of Agriculture, in cooperation with States, to 
        award community wildfire defense grants to at-risk communities 
        in accordance with subsection (f);

[[Page 135 STAT. 1100]]

            (13) $500,000,000 shall be made available for planning and 
        conducting prescribed fires and related activities, of which--
                    (A) $250,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $250,000,000 shall be made available to the 
                Secretary of Agriculture;
            (14) $500,000,000 shall be made available for developing or 
        improving potential control locations, in accordance with 
        paragraph (7)(A)(i)(II), including installing fuelbreaks 
        (including fuelbreaks studied under subsection (i)), with a 
        focus on shaded fuelbreaks when ecologically appropriate, of 
        which--
                    (A) $250,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $250,000,000 shall be made available to the 
                Secretary of Agriculture;
            (15) <<NOTE: Contracts.>>  $200,000,000 shall be made 
        available for contracting or employing crews of laborers to 
        modify and remove flammable vegetation on Federal land and for 
        using materials from treatments, to the extent practicable, to 
        produce biochar and other innovative wood products, including 
        through the use of existing locally based organizations that 
        engage young adults, Native youth, and veterans in service 
        projects, such as youth and conservation corps, of which--
                    (A) $100,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $100,000,000 shall be made available to the 
                Secretary of Agriculture;
            (16) <<NOTE: Deadline.>> $200,000,000 shall be made 
        available for post-fire restoration activities that are 
        implemented not later than 3 years after the date that a 
        wildland fire is contained, of which--
                    (A) $100,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $100,000,000 shall be made available to the 
                Secretary of Agriculture;
            (17) $8,000,000 shall be made available to the Secretary of 
        Agriculture--
                    (A) to provide feedstock to firewood banks; and
                    (B) to provide financial assistance for the 
                operation of firewood banks; and
            (18) <<NOTE: Contracts.>>  $10,000,000 shall be available to 
        the Secretary of the Interior and the Secretary of Agriculture 
        for the procurement and placement of wildfire detection and 
        real-time monitoring equipment, such as sensors, cameras, and 
        other relevant equipment, in areas at risk of wildfire or post-
        burned areas.

    (d) Wildland Firefighters.--
            (1) <<NOTE: Deadline. Coordination.>> In general.--Subject 
        to the availability of appropriations, not later than 180 days 
        after the date of enactment of this Act, the Secretary of the 
        Interior and the Secretary of Agriculture shall, using the 
        amounts made available under subsection (c)(2), coordinate with 
        the Director of the Office of Personnel Management to develop a 
        distinct ``wildland firefighter'' occupational series.
            (2) Hazardous duty differential not affected.--Section 
        5545(d)(1) of title 5, United States Code, is amended by 
        striking ``except'' and all that follows through ``and'' at the 
        end and inserting the following: ``except--

[[Page 135 STAT. 1101]]

                    ``(A) <<NOTE: Determination.>> an employee in an 
                occupational series covering positions for which the 
                primary duties involve the prevention, control, 
                suppression, or management of wildland fires, as 
                determined by the Office; and
                    ``(B) <<NOTE: Regulations.>>  in such other 
                circumstances as the Office may by regulation prescribe; 
                and''.
            (3) Current employees.--Any individual employed as a 
        wildland firefighter on the date on which the occupational 
        series established under paragraph (1) takes effect may elect--
                    (A) to remain in the occupational series in which 
                the individual is employed; or
                    (B) to be included in the ``wildland firefighter'' 
                occupational series established under that paragraph.
            (4) <<NOTE: Effective date.>>  Permanent employees; increase 
        in salary.--Using the amounts made available under subsection 
        (c)(2), beginning October 1, 2021, the Secretary of the Interior 
        and the Secretary of Agriculture shall--
                    (A) seek to convert not fewer than 1,000 seasonal 
                wildland firefighters to wildland firefighters that--
                          (i) are full-time, permanent, year-round 
                      Federal employees; and
                          (ii) reduce hazardous fuels on Federal land 
                      not fewer than 800 hours per year; and
                    (B) <<NOTE: Coordination. Determination.>>  increase 
                the base salary of a Federal wildland firefighter by the 
                lesser of an amount that is commensurate with an 
                increase of $20,000 per year or an amount equal to 50 
                percent of the base salary, if the Secretary concerned, 
                in coordination with the Director of the Office of 
                Personnel Management, makes a written determination that 
                the position of the Federal wildland firefighter is 
                located within a specified geographic area in which it 
                is difficult to recruit or retain a Federal wildland 
                firefighter.
            (5) <<NOTE: Deadline.>>  National wildfire coordinating 
        group.--Using the amounts made available under subsection 
        (c)(2), not later than October 1, 2022, the Secretary of the 
        Interior and the Secretary of Agriculture shall--
                    (A) <<NOTE: Recommenda- tions.>>  develop and adhere 
                to recommendations for mitigation strategies for 
                wildland firefighters to minimize exposure due to line-
                of-duty environmental hazards; and
                    (B) establish programs for permanent, temporary, 
                seasonal, and year-round wildland firefighters to 
                recognize and address mental health needs, including 
                post-traumatic stress disorder care.

    (e) Collaborative Forest Landscape Restoration Program.--
Subject <<NOTE: Deadline.>> to the availability of appropriations, not 
later than 180 days after the date of enactment of this Act, the 
Secretary of Agriculture shall, using the amounts made available under 
subsection (c)(10)--
            (1) solicit new project proposals under the Collaborative 
        Forest Landscape Restoration Program established under section 
        4003 of the Omnibus Public Land Management Act of 2009 (16 
        U.S.C. 7303) (referred to in this subsection as the 
        ``Program'');
            (2) <<NOTE: Time period.>> provide up to 5 years of 
        additional funding of any proposal originally selected for 
        funding under the Program prior to September 30, 2018--

[[Page 135 STAT. 1102]]

                    (A) that has been approved for an extension of 
                funding by the Secretary of Agriculture prior to the 
                date of enactment of this Act; or
                    (B) that has been recommended for an extension of 
                funding by the advisory panel established under section 
                4003(e) of the Omnibus Public Land Management Act of 
                2009 (16 U.S.C. 7303(e)) prior to the date of enactment 
                of this Act that the Secretary of Agriculture 
                subsequently approves; and
            (3) select project proposals for funding under the Program 
        in a manner that--
                    (A) gives priority to a project proposal that will 
                treat acres that--
                          (i) have been identified as having very high 
                      wildfire hazard potential; and
                          (ii) are located in--
                                    (I) the wildland-urban interface; or
                                    (II) a public drinking water source 
                                area;
                    (B) takes into consideration--
                          (i) the cost per acre of Federal land or 
                      Indian forest land or rangeland acres described in 
                      subparagraph (A) to be treated; and
                          (ii) the number of acres described in 
                      subparagraph (A) to be treated;
                    (C) gives priority to a project proposal that is 
                proposed by a collaborative that has successfully 
                accomplished treatments consistent with a written plan 
                that included a proposed schedule of completing those 
                treatments, which is not limited to an earlier proposal 
                funded under the Program; and
                    (D) <<NOTE: Time period.>> discontinues funding for 
                a project that fails to achieve the results included in 
                a project proposal submitted under paragraph (1) for 
                more than 2 consecutive years.

    (f) Community Wildfire Defense Grant Program.--
            (1) <<NOTE: Deadline.>> Establishment.--Subject to the 
        availability of appropriations, not later than 180 days after 
        the date of enactment of this Act, the Secretary of Agriculture 
        shall, using amounts made available under subsection (c)(12), 
        establish a program, which shall be separate from the program 
        established under section 203 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5133), under 
        which the Secretary of Agriculture, in cooperation with the 
        States, shall award grants to at-risk communities, including 
        Indian Tribes--
                    (A) to develop or revise a community wildfire 
                protection plan; and
                    (B) <<NOTE: Time period.>>  to carry out projects 
                described in a community wildfire protection plan that 
                is not more than 10 years old.
            (2) Priority.--In awarding grants under the program 
        described in paragraph (1), the Secretary of Agriculture shall 
        give priority to an at-risk community that is--
                    (A) in an area identified by the Secretary of 
                Agriculture as having high or very high wildfire hazard 
                potential;
                    (B) a low-income community; or
                    (C) a community impacted by a severe disaster.
            (3) Community wildfire defense grants.--
                    (A) Grant amounts.--A grant--

[[Page 135 STAT. 1103]]

                          (i) awarded under paragraph (1)(A) shall be 
                      for not more than $250,000; and
                          (ii) awarded under paragraph (1)(B) shall be 
                      for not more than $10,000,000.
                    (B) Cost sharing requirement.--
                          (i) In general.--Except as provided in clause 
                      (ii), the non-Federal cost (including the 
                      administrative cost) of carrying out a project 
                      using funds from a grant awarded under the program 
                      described in paragraph (1) shall be--
                                    (I) not less than 10 percent for a 
                                grant awarded under paragraph (1)(A); 
                                and
                                    (II) not less than 25 percent for a 
                                grant awarded under paragraph (1)(B).
                          (ii) Waiver.--The Secretary of Agriculture may 
                      waive the cost-sharing requirement under clause 
                      (i) for a project that serves an underserved 
                      community.
                    (C) Eligibility.--The Secretary of Agriculture shall 
                not award a grant under paragraph (1) to an at-risk 
                community that is located in a county or community 
                that--
                          (i) is located in the continental United 
                      States; and
                          (ii) has not adopted an ordinance or 
                      regulation that requires the construction of new 
                      roofs on buildings to adhere to standards that are 
                      similar to, or more stringent than--
                                    (I) the roof construction standards 
                                established by the National Fire 
                                Protection Association; or
                                    (II) an applicable model building 
                                code established by the International 
                                Code Council.

    (g) Priorities.--In carrying out projects using amounts made 
available under this section, the Secretary of the Interior or the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, as applicable, shall prioritize funding for projects--
            (1) for which any applicable processes under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have 
        been completed on the date of enactment of this Act;
            (2) that reduce the likelihood of experiencing 
        uncharacteristically severe effects from a potential wildfire by 
        focusing on areas strategically important for reducing the risks 
        associated with wildfires;
            (3) that maximize the retention of large trees, as 
        appropriate for the forest type, to the extent that the trees 
        promote fire-resilient stands;
            (4) that do not include the establishment of permanent 
        roads;
            (5) for which funding would be committed to decommission all 
        temporary roads constructed to carry out the project; and
            (6) <<NOTE: Determination.>> that fully maintain or 
        contribute toward the restoration of the structure and 
        composition of old growth stands consistent with the 
        characteristics of that forest type, taking into account the 
        contribution of the old growth stand to landscape fire adaption 
        and watershed health, unless the old growth stand is part of a 
        science-based ecological restoration project authorized by the 
        Secretary concerned that meets applicable protection and old 
        growth enhancement objectives, as determined by the Secretary 
        concerned.

[[Page 135 STAT. 1104]]

    (h) Reports.-- The Secretary of the Interior and the Secretary of 
Agriculture, acting through the Chief of the Forest Service, shall 
complete and submit to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Natural Resources of the House of 
Representatives an annual report describing the number of acres of land 
on which projects carried out using funds made available under this 
section improved the Fire Regime Condition Class of the land described 
in subsection (b).
    (i) Wildfire Prevention Study.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Secretary of 
        Agriculture shall initiate a study of the construction and 
        maintenance of a system of strategically placed fuelbreaks to 
        control wildfires in western States.
            (2) Review.--The study under paragraph (1) shall review--
                    (A) a full suite of manual, chemical, and mechanical 
                treatments; and
                    (B) the effectiveness of the system described in 
                that paragraph in reducing wildfire risk and protecting 
                communities.
            (3) <<NOTE: Deadline.>>  Determination.--Not later than 90 
        days after the date of completion of the study under paragraph 
        (1), the Secretary of Agriculture shall determine whether to 
        initiate the preparation of a programmatic environmental impact 
        statement implementing the system described in that paragraph in 
        appropriate locations.

    (j) Monitoring, Maintenance, and Treatment Plan and Strategy.--
            (1) <<NOTE: Deadlines. Time period.>>  In general.--Not 
        later than 120 days after the date of enactment of this Act, the 
        Secretary of Agriculture and the Secretary of the Interior shall 
        establish a 5-year monitoring, maintenance, and treatment plan 
        that--
                    (A) describes activities under subsection (c) that 
                the Secretary of Agriculture and the Secretary of the 
                Interior will take to reduce the risk of wildfire by 
                conducting restoration treatments and improving the Fire 
                Regime Condition Class of 10,000,000 acres of Federal 
                land or Tribal Forest land or rangeland that is 
                identified as having very high wildfire hazard 
                potential, not including annual treatments otherwise 
                scheduled;
                    (B) establishes a process for prioritizing 
                treatments in areas and communities at the highest risk 
                of catastrophic wildfires;
                    (C) includes an innovative plan and process--
                          (i) to leverage public-private partnerships 
                      and resources, shared stewardship agreements, good 
                      neighbor agreements, and similar contracting 
                      authorities;
                          (ii) to prioritize projects for which any 
                      applicable processes under the National 
                      Environmental Policy Act of 1969 (42 U.S.C. 4321 
                      et seq.) have been completed as of the date of 
                      enactment of this Act;
                          (iii) to streamline subsequent projects based 
                      on existing statutory or regulatory authorities; 
                      and
                          (iv) to develop interagency teams to increase 
                      coordination and efficiency under the National

[[Page 135 STAT. 1105]]

                      Environmental Policy Act of 1969 (42 U.S.C. 4321); 
                      and
                    (D) establishes a process for coordinating 
                prioritization and treatment with State and local 
                entities and affected stakeholders.
            (2) <<NOTE: Coordination. Publication.>>  Strategy.--Not 
        later than 5 years after the date of enactment of this Act, the 
        Secretary of Agriculture and the Secretary of the Interior, in 
        coordination with State and local governments, shall publish a 
        long-term, outcome-based monitoring, maintenance, and treatment 
        strategy--
                    (A) to maintain forest health improvements and 
                wildfire risk reduction accomplished under this section;
                    (B) <<NOTE: Time period.>>  to continue treatment at 
                levels necessary to address the 20,000,000 acres needing 
                priority treatment over the 10-year period beginning on 
                the date of publication of the strategy; and
                    (C) to proactively conduct treatment at a level 
                necessary to minimize the risk of wildfire to 
                surrounding at-risk communities.

    (k) Authorized Hazardous Fuels Projects.--A project carried out 
using funding authorized under paragraphs (11)(A)(i), (13), or (14) of 
subsection (c) shall be considered an authorized hazardous fuel 
reduction project pursuant to section 102 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6512).
SEC. 40804. <<NOTE: 16 USC 6592a.>>  ECOSYSTEM RESTORATION.

    (a) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary of the Interior and 
the Secretary of Agriculture, acting through the Chief of the Forest 
Service, for the activities described in subsection (b), $2,130,000,000 
for the period of fiscal years 2022 through 2026.

    (b) Activities.--Of the amounts made available under subsection (a) 
for the period of fiscal years 2022 through 2026--
            (1) $300,000,000 shall be made available, in accordance with 
        subsection (c), to the Secretary of the Interior and the 
        Secretary of Agriculture--
                    (A) for--
                          (i) <<NOTE: Contracts.>> entering into 
                      contracts, including stewardship contracts or 
                      agreements, the purpose of each of which shall be 
                      to restore ecological health on not fewer than 
                      10,000 acres of Federal land, including Indian 
                      forest land or rangeland, and for salaries and 
                      expenses associated with preparing and executing 
                      those contracts; and
                          (ii) establishing a Working Capital Fund that 
                      may be accessed by the Secretary of the Interior 
                      or the Secretary of Agriculture to fund 
                      requirements of contracts described in clause (i), 
                      including cancellation and termination costs, 
                      consistent with section 604(h) of the Healthy 
                      Forests Restoration Act of 2003 (16 U.S.C. 
                      6591c(h)), and periodic payments over the span of 
                      the contract period; and
                    (B) of which--
                          (i) $50,000,000 shall be made available to the 
                      Secretary of the Interior to enter into contracts 
                      described in subparagraph (A)(i);

[[Page 135 STAT. 1106]]

                          (ii) $150,000,000 shall be made available to 
                      the Secretary of Agriculture to enter into 
                      contracts described in subparagraph (A)(i); and
                          (iii) $100,000,000 shall be made available 
                      until expended to the Secretary of the Interior, 
                      notwithstanding any other provision of this Act, 
                      to establish the Working Capital Fund described in 
                      subparagraph (A)(ii);
            (2) $200,000,000 shall be made available to provide to 
        States and Indian Tribes for implementing restoration projects 
        on Federal land pursuant to good neighbor agreements entered 
        into under section 8206 of the Agricultural Act of 2014 (16 
        U.S.C. 2113a) or agreements entered into under section 2(b) of 
        the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)), 
        of which--
                    (A) $40,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $160,000,000 shall be made available to the 
                Secretary of Agriculture;
            (3) $400,000,000 shall be made available to the Secretary of 
        Agriculture to provide financial assistance to facilities that 
        purchase and process byproducts from ecosystem restoration 
        projects in accordance with subsection (d);
            (4) <<NOTE: Grants.>>  $400,000,000 shall be made available 
        to the Secretary of the Interior to provide grants to States, 
        territories of the United States, and Indian Tribes for 
        implementing voluntary ecosystem restoration projects on private 
        or public land, in consultation with the Secretary of 
        Agriculture, that--
                    (A) prioritizes funding cross-boundary projects; and
                    (B) requires matching funding from the State, 
                territory of the United States, or Indian Tribe to be 
                eligible to receive the funding;
            (5) <<NOTE: Grants.>>  $50,000,000 shall be made available 
        to the Secretary of Agriculture to award grants to States and 
        Indian Tribes to establish rental programs for portable skidder 
        bridges, bridge mats, or other temporary water crossing 
        structures, to minimize stream bed disturbance on non-Federal 
        land and Federal land;
            (6) $200,000,000 shall be made available for invasive 
        species detection, prevention, and eradication, including 
        conducting research and providing resources to facilitate 
        detection of invasive species at points of entry and awarding 
        grants for eradication of invasive species on non-Federal land 
        and on Federal land, of which--
                    (A) $100,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $100,000,000 shall be made available to the 
                Secretary of Agriculture;
            (7) $100,000,000 shall be made available to restore, 
        prepare, or adapt recreation sites on Federal land, including 
        Indian forest land or rangeland, in accordance with subsection 
        (e);
            (8) $200,000,000 shall be made available to restore native 
        vegetation and mitigate environmental hazards on mined land on 
        Federal and non-Federal land, of which--
                    (A) $100,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $100,000,000 shall be made available to the 
                Secretary of Agriculture;

[[Page 135 STAT. 1107]]

            (9) $200,000,000 shall be made available to establish and 
        implement a national revegetation effort on Federal and non-
        Federal land, including to implement the National Seed Strategy 
        for Rehabilitation and Restoration, of which--
                    (A) $70,000,000 shall be made available to the 
                Secretary of the Interior; and
                    (B) $130,000,000 shall be made available to the 
                Secretary of Agriculture; and
            (10) <<NOTE: Coordination. Water.>>  $80,000,000 shall be 
        made available to the Secretary of Agriculture, in coordination 
        with the Secretary of the Interior, to establish a 
        collaborative-based, landscape-scale restoration program to 
        restore water quality or fish passage on Federal land, including 
        Indian forest land or rangeland, in accordance with subsection 
        (f).

    (c) Ecological Health Restoration Contracts.--
            (1) <<NOTE: Deadline.>> Submission of list of projects to 
        congress.--Until the date on which all of the amounts made 
        available to carry out subsection (b)(1)(A)(i) are expended, not 
        later than 90 days before the end of each fiscal year, the 
        Secretary of the Interior and the Secretary of Agriculture shall 
        submit to the Committee on Energy and Natural Resources and the 
        Committee on Appropriations of the Senate and the Committee on 
        Natural Resources and the Committee on Appropriations of the 
        House of Representatives a list of projects to be funded under 
        that subsection in the subsequent fiscal year, including--
                    (A) a detailed description of each project; and
                    (B) <<NOTE: Cost estimate.>>  an estimate of the 
                cost, including salaries and expenses, for the project.
            (2) Alternate allocation.--Appropriations Acts may provide 
        for alternate allocation of amounts made available under 
        subsection (b)(1), consistent with the allocations under 
        subparagraph (B) of that subsection.
            (3) <<NOTE: President.>> Lack of alternate allocations.--If 
        Congress has not enacted legislation establishing alternate 
        allocations described in paragraph (2) by the date on which the 
        Act making full-year appropriations for the Department of the 
        Interior, Environment, and Related Agencies for the applicable 
        fiscal year is enacted into law, amounts made available under 
        subsection (b)(1)(B) shall be allocated by the President.

    (d) <<NOTE: Coordination.>>  Wood Products Infrastructure.--The 
Secretary of Agriculture, in coordination with the Secretary of the 
Interior, shall--
            (1) develop a ranking system that categorizes units of 
        Federal land, including Indian forest land or rangeland, with 
        regard to treating areas at risk of unnaturally severe wildfire 
        or insect or disease infestation, as being--
                    (A) very low priority for ecological restoration 
                involving vegetation removal;
                    (B) low priority for ecological restoration 
                involving vegetation removal;
                    (C) medium priority for ecological restoration 
                involving vegetation removal;
                    (D) high priority for ecological restoration 
                involving vegetation removal; or
                    (E) very high priority for ecological restoration 
                involving vegetation removal;

[[Page 135 STAT. 1108]]

            (2) <<NOTE: Determination.>> determine, for a unit 
        identified under paragraph (1) as being high or very high 
        priority for ecological restoration involving vegetation 
        removal, if--
                    (A) a sawmill or other wood-processing facility 
                exists in close proximity to, or a forest worker is 
                seeking to conduct restoration treatment work on or in 
                close proximity to, the unit; and
                    (B) the presence of a sawmill or other wood-
                processing facility would substantially decrease or does 
                substantially decrease the cost of conducting ecological 
                restoration projects involving vegetation removal;
            (3) <<NOTE: Determination.>> in accordance with any 
        conditions the Secretary of Agriculture determines to be 
        necessary, using the amounts made available under subsection 
        (b)(3), provide financial assistance, including a low-interest 
        loan or a loan guarantee, to an entity seeking to establish, 
        reopen, retrofit, expand, or improve a sawmill or other wood-
        processing facility in close proximity to a unit of Federal land 
        that has been identified under paragraph (1) as high or very 
        high priority for ecological restoration, if the presence of a 
        sawmill or other wood-processing facility would substantially 
        decrease or does substantially decrease the cost of conducting 
        ecological restoration projects involving vegetation removal on 
        the unit of Federal land, including Indian forest land or 
        rangeland, as determined under paragraph (2)(B); and
            (4) to the extent practicable, when allocating funding to 
        units of Federal land for ecological restoration projects 
        involving vegetation removal, give priority to a unit of Federal 
        land that--
                    (A) has been identified under paragraph (1) as being 
                high or very high priority for ecological restoration 
                involving vegetation removal; and
                    (B) has a sawmill or other wood-processing 
                facility--
                          (i) that, as determined under paragraph (2)--
                                    (I) exists in close proximity to the 
                                unit; and
                                    (II) does substantially decrease the 
                                cost of conducting ecological 
                                restoration projects involving 
                                vegetation removal on the unit; or
                          (ii) that has received financial assistance 
                      under paragraph (3).

    (e) Recreation Sites.--
            (1) Site restoration and improvements.--Of the amounts made 
        available under subsection (b)(7), $45,000,000 shall be made 
        available to the Secretary of the Interior and $35,000,000 shall 
        be made available the Secretary of Agriculture to restore, 
        prepare, or adapt recreation sites on Federal land, including 
        Indian forest land or rangeland, that have experienced or may 
        likely experience visitation and use beyond the carrying 
        capacity of the sites.
            (2) Public use recreation cabins.--
                    (A) In general.--Of the amounts made available under 
                subsection (b)(7), $20,000,000 shall be made available 
                to the Secretary of Agriculture for--
                          (i) the operation, repair, reconstruction, and 
                      construction of public use recreation cabins on 
                      National Forest System land; and

[[Page 135 STAT. 1109]]

                          (ii) to the extent necessary, the repair or 
                      reconstruction of historic buildings that are to 
                      be outleased under section 306121 of title 54, 
                      United States Code.
                    (B) Inclusion.--Of the amount described in 
                subparagraph (A), $5,000,000 shall be made available to 
                the Secretary of Agriculture for associated salaries and 
                expenses in carrying out that subparagraph.
                    (C) <<NOTE: Contracts.>> Agreements.--The Secretary 
                of Agriculture may enter into a lease or cooperative 
                agreement with a State, Indian Tribe, local government, 
                or private entity--
                          (i) to carry out the activities described in 
                      subparagraph (A); or
                          (ii) to manage the renting of a cabin or 
                      building described in subparagraph (A) to the 
                      public.
            (3) Exclusion.--A project shall not be eligible for funding 
        under this subsection if--
                    (A) funding for the project would be used for 
                deferred maintenance, as defined by Federal Accounting 
                Standards Advisory Board; and
                    (B) the Secretary of the Interior or the Secretary 
                of Agriculture has identified the project for funding 
                from the National Parks and Public Land Legacy 
                Restoration Fund established by section 200402(a) of 
                title 54, United States Code.

    (f) Collaborative-based, Aquatic-focused, Landscape-scale 
Restoration Program.--Subject <<NOTE: Deadline. Coordination. Time 
periods.>>  to the availability of appropriations, not later than 180 
days after the date of enactment of this Act, the Secretary of 
Agriculture shall, in coordination with the Secretary of the Interior 
and using the amounts made available under subsection (b)(10)--
            (1) solicit collaboratively developed proposals that--
                    (A) are for 5-year projects to restore fish passage 
                or water quality on Federal land and non-Federal land to 
                the extent allowed under section 323(a) of the 
                Department of the Interior and Related Agencies 
                Appropriations Act, 1999 (16 U.S.C. 1011a(a)), including 
                Indian forest land or rangeland;
                    (B) contain proposed accomplishments and proposed 
                non-Federal funding; and
                    (C) request not more than $5,000,000 in funding made 
                available under subsection (b)(10);
            (2) select project proposals for funding in a manner that--
                    (A) gives priority to a project proposal that would 
                result in the most miles of streams being restored for 
                the lowest amount of Federal funding; and
                    (B) discontinues funding for a project that fails to 
                achieve the results included in a proposal submitted 
                under paragraph (1) for more than 2 consecutive years; 
                and
            (3) <<NOTE: Publication. List.>>  publish a list of--
                    (A) all of the priority watersheds on National 
                Forest System land;
                    (B) the condition of each priority watershed on the 
                date of enactment of this Act; and
                    (C) the condition of each priority watershed on the 
                date that is 5 years after the date of enactment of this 
                Act.

[[Page 135 STAT. 1110]]

SEC. 40805. GAO STUDY.

    (a) Study.--Not later than 6 years after the date of enactment of 
this Act, the Comptroller General of the United States shall--
            (1) conduct a study on the implementation of this title and 
        the amendments made by this title, including whether this title 
        and the amendments made by this title have--
                    (A) effectively reduced wildfire risk, including the 
                extent to which the wildfire hazard on Federal land has 
                changed; and
                    (B) restored ecosystems on Federal and non-Federal 
                land; and
            (2) submit to Congress a report that describes the results 
        of the study under paragraph (1).

    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Comptroller General of the Unites States for the 
activities described in subsection (a) $800,000.
SEC. 40806. <<NOTE: 16 USC 6592b.>>  ESTABLISHMENT OF FUEL BREAKS 
                            IN FORESTS AND OTHER WILDLAND 
                            VEGETATION.

    (a) Definition of Secretary Concerned.--In this section, the term 
``Secretary concerned'' means--
            (1) the Secretary of Agriculture, with respect to National 
        Forest System land; and
            (2) the Secretary of the Interior, with respect to public 
        lands (as defined in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702)) administered by the 
        Bureau of Land Management.

    (b) <<NOTE: Records. Memorandum.>> Categorical Exclusion 
Established.--Forest management activities described in subsection (c) 
are a category of actions designated as being categorically excluded 
from the preparation of an environmental assessment or an environmental 
impact statement under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) if the categorical exclusion is documented through 
a supporting record and decision memorandum.

    (c) Forest Management Activities Designated for Categorical 
Exclusion.--
            (1) In general.--The category of forest management 
        activities designated under subsection (b) for a categorical 
        exclusion are forest management activities described in 
        paragraph (2) that are carried out by the Secretary concerned on 
        public lands (as defined in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702)) administered 
        by the Bureau of Land Management or National Forest System land 
        the primary purpose of which is to establish and maintain linear 
        fuel breaks that are--
                    (A) up to 1,000 feet in width contiguous with or 
                incorporating existing linear features, such as roads, 
                water infrastructure, transmission and distribution 
                lines, and pipelines of any length on Federal land; and
                    (B) intended to reduce the risk of uncharacteristic 
                wildfire on Federal land or catastrophic wildfire for an 
                adjacent at-risk community.
            (2) Activities.--Subject to paragraph (3), the forest 
        management activities that may be carried out pursuant to the 
        categorical exclusion established under subsection (b) are--
                    (A) mowing or masticating;
                    (B) thinning by manual and mechanical cutting;

[[Page 135 STAT. 1111]]

                    (C) piling, yarding, and removal of slash or 
                hazardous fuels;
                    (D) selling of vegetation products, including 
                timber, firewood, biomass, slash, and fenceposts;
                    (E) targeted grazing;
                    (F) application of--
                          (i) pesticide;
                          (ii) biopesticide; or
                          (iii) herbicide;
                    (G) seeding of native species;
                    (H) controlled burns and broadcast burning; and
                    (I) burning of piles, including jackpot piles.
            (3) Excluded activities.--A forest management activity 
        described in paragraph (2) may not be carried out pursuant to 
        the categorical exclusion established under subsection (b) if 
        the activity is conducted--
                    (A) in a component of the National Wilderness 
                Preservation System;
                    (B) on Federal land on which the removal of 
                vegetation is prohibited or restricted by Act of 
                Congress, Presidential proclamation (including the 
                applicable implementation plan), or regulation;
                    (C) in a wilderness study area; or
                    (D) in an area in which carrying out the activity 
                would be inconsistent with the applicable land 
                management plan or resource management plan.
            (4) <<NOTE: Applicability. Determination.>>  Extraordinary 
        circumstances.--The Secretary concerned shall apply the 
        extraordinary circumstances procedures under section 220.6 of 
        title 36, Code of Federal Regulations (or a successor 
        regulation), in determining whether to use a categorical 
        exclusion under subsection (b).

    (d) Acreage and Location Limitations.--Treatments of vegetation in 
linear fuel breaks covered by the categorical exclusion established 
under subsection (b)--
            (1) may not contain treatment units in excess of 3,000 
        acres;
            (2) shall be located primarily in--
                    (A) the wildland-urban interface or a public 
                drinking water source area;
                    (B) if located outside the wildland-urban interface 
                or a public drinking water source area, an area within 
                Condition Class 2 or 3 in Fire Regime Group I, II, or 
                III that contains very high wildfire hazard potential; 
                or
                    (C) an insect or disease area designated by the 
                Secretary concerned as of the date of enactment of this 
                Act; and
            (3) shall consider the best available scientific 
        information.

    (e) Roads.--
            (1) Permanent roads.--A project under this section shall not 
        include the establishment of permanent roads.
            (2) Existing roads.--The Secretary concerned may carry out 
        necessary maintenance and repairs on existing permanent roads 
        for the purposes of this section.
            (3) <<NOTE: Deadline.>>  Temporary roads.--The Secretary 
        concerned shall decommission any temporary road constructed 
        under a project under this section not later than 3 years after 
        the date on which the project is completed.

[[Page 135 STAT. 1112]]

    (f) Public Collaboration.--To encourage meaningful public 
participation during the preparation of a project under this section, 
the Secretary concerned shall facilitate, during the preparation of each 
project--
            (1) collaboration among State and local governments and 
        Indian Tribes; and
            (2) participation of interested persons.
SEC. 40807. <<NOTE: 16 USC 6592c.>>  EMERGENCY ACTIONS.

    (a) Definitions.--In this section:
            (1) Authorized emergency action.--The term ``authorized 
        emergency action'' means an action carried out pursuant to an 
        emergency situation determination issued under this section to 
        mitigate the harm to life, property, or important natural or 
        cultural resources on National Forest System land or adjacent 
        land.
            (2) Emergency situation.--The term ``emergency situation'' 
        means a situation on National Forest System land for which 
        immediate implementation of 1 or more authorized emergency 
        actions is necessary to achieve 1 or more of the following 
        results:
                    (A) Relief from hazards threatening human health and 
                safety.
                    (B) Mitigation of threats to natural resources on 
                National Forest System land or adjacent land.
            (3) Emergency situation determination.--The term ``emergency 
        situation determination'' means a determination made by the 
        Secretary under subsection (b)(1)(A).
            (4) Land and resource management plan.--The term ``land and 
        resource management plan'' means a plan developed under section 
        6 of the Forest and Rangeland Renewable Resources Planning Act 
        of 1974 (16 U.S.C. 1604).
            (5) National forest system land.--The term ``National Forest 
        System land'' means land of the National Forest System (as 
        defined in section 11(a) of the Forest and Rangeland Renewable 
        Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

    (b) Authorized Emergency Actions to Respond to Emergency 
Situations.--
            (1) Determination.--
                    (A) In general.--The Secretary may make a 
                determination that an emergency situation exists with 
                respect to National Forest System land.
                    (B) Review.--An emergency situation determination 
                shall not be subject to objection under the 
                predecisional administrative review processes under part 
                218 of title 36, Code of Federal Regulations (or 
                successor regulations).
                    (C) Basis of determination.--An emergency situation 
                determination shall be based on an examination of the 
                relevant information.
            (2) Authorized emergency actions.--After making an emergency 
        situation determination with respect to National Forest System 
        land, the Secretary may carry out authorized emergency actions 
        on that National Forest System land in order to achieve reliefs 
        from hazards threatening human health and safety or mitigation 
        of threats to natural resources on

[[Page 135 STAT. 1113]]

        National Forest System land or adjacent land, including 
        through--
                    (A) the salvage of dead or dying trees;
                    (B) the harvest of trees damaged by wind or ice;
                    (C) the commercial and noncommercial sanitation 
                harvest of trees to control insects or disease, 
                including trees already infested with insects or 
                disease;
                    (D) the reforestation or replanting of fire-impacted 
                areas through planting, control of competing vegetation, 
                or other activities that enhance natural regeneration 
                and restore forest species;
                    (E) the removal of hazardous trees in close 
                proximity to roads and trails;
                    (F) the removal of hazardous fuels;
                    (G) the restoration of water sources or 
                infrastructure;
                    (H) the reconstruction of existing utility lines; 
                and
                    (I) the replacement of underground cables.
            (3) Relation to land and resource management plans.--Any 
        authorized emergency action carried out under paragraph (2) on 
        National Forest System land shall be conducted consistent with 
        the applicable land and resource management plan.

    (c) Environmental Analysis.--
            (1) Environmental assessment or environmental impact 
        statement.--If <<NOTE: Determination. Study.>> the Secretary 
        determines that an authorized emergency action requires an 
        environmental assessment or an environmental impact statement 
        pursuant to section 102(2) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)), the Secretary shall study, 
        develop, and describe--
                    (A) the proposed agency action, taking into account 
                the probable environmental consequences of the 
                authorized emergency action and mitigating foreseeable 
                adverse environmental effects, to the extent 
                practicable; and
                    (B) the alternative of no action.
            (2) Public notice.--The Secretary shall provide notice of 
        each authorized emergency action that the Secretary determines 
        requires an environmental assessment or environmental impact 
        statement under paragraph (1), in accordance with applicable 
        regulations and administrative guidelines.
            (3) Public comment.--The Secretary shall provide an 
        opportunity for public comment during the preparation of any 
        environmental assessment or environmental impact statement under 
        paragraph (1).
            (4) Savings clause.--Nothing in this subsection prohibits 
        the Secretary from--
                    (A) making an emergency situation determination, 
                including a determination that an emergency exists 
                pursuant to section 218.21(a) of title 36, Code of 
                Federal Regulations (or successor regulations); or
                    (B) taking an emergency action under section 
                220.4(b) of title 36, Code of Federal Regulations (or 
                successor regulations).

    (d) Administrative Review of Authorized Emergency Actions.--An 
authorized emergency action carried out under this section shall not be 
subject to objection under the predecisional administrative review 
processes established under section 105 of

[[Page 135 STAT. 1114]]

the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) and section 
428 of the Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112-74).
    (e) Judicial Review of Emergency Actions.--A court shall not enjoin 
an authorized emergency action under this section if the court 
determines that the plaintiff is unable to demonstrate that the claim of 
the plaintiff is likely to succeed on the merits.
    (f) Notification and Guidance.--The Secretary shall provide 
notification and guidance to each local field office of the Forest 
Service to ensure awareness of, compliance with, and appropriate use of 
the authorized emergency action authority under this section.
SEC. 40808. <<NOTE: 16 USC 6592d.>>  JOINT CHIEFS LANDSCAPE 
                            RESTORATION PARTNERSHIP PROGRAM.

    (a) Definitions.--In this section:
            (1) Chiefs.--The term ``Chiefs'' means the Chief of the 
        Forest Service and the Chief of the Natural Resources 
        Conservation Service.
            (2) Eligible activity.--The term ``eligible activity'' means 
        an activity--
                    (A) to reduce the risk of wildfire;
                    (B) to protect water quality and supply; or
                    (C) to improve wildlife habitat for at-risk species.
            (3) Program.--The term ``Program'' means the Joint Chiefs 
        Landscape Restoration Partnership program established under 
        subsection (b)(1).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (5) Wildland-urban interface.--The term ``wildland-urban 
        interface'' has the meaning given the term in section 101 of the 
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

    (b) Establishment.--
            (1) In general.--The Secretary shall establish a Joint 
        Chiefs Landscape Restoration Partnership program to improve the 
        health and resilience of forest landscapes across National 
        Forest System land and State, Tribal, and private land.
            (2) <<NOTE: Coordination.>>  Administration.--The Secretary 
        shall administer the Program by coordinating eligible activities 
        conducted on National Forest System land and State, Tribal, or 
        private land across a forest landscape to improve the health and 
        resilience of the forest landscape by--
                    (A) assisting producers and landowners in 
                implementing eligible activities on eligible private or 
                Tribal land using the applicable programs and 
                authorities administered by the Chief of the Natural 
                Resources Conservation Service under title XII of the 
                Food Security Act of 1985 (16 U.S.C. 3801 et seq.), not 
                including the conservation reserve program established 
                under subchapter B of chapter 1 of subtitle D of that 
                title (16 U.S.C. 3831 et seq.); and
                    (B) conducting eligible activities on National 
                Forest System land or assisting landowners in 
                implementing eligible activities on State, Tribal, or 
                private land using the applicable programs and 
                authorities administered by the Chief of the Forest 
                Service.

[[Page 135 STAT. 1115]]

    (c) Selection of Eligible Activities.--The appropriate Regional 
Forester and State Conservationist shall jointly submit to the Chiefs on 
an annual basis proposals for eligible activities under the Program.
    (d) Evaluation Criteria.--In evaluating and selecting proposals 
submitted under subsection (c), the Chiefs shall consider--
            (1) criteria including whether the proposal--
                    (A) reduces wildfire risk in a municipal watershed 
                or the wildland-urban interface;
                    (B) was developed through a collaborative process 
                with participation from diverse stakeholders;
                    (C) increases forest workforce capacity or forest 
                business infrastructure and development;
                    (D) leverages existing authorities and non-Federal 
                funding;
                    (E) provides measurable outcomes; or
                    (F) supports established State and regional 
                priorities; and
            (2) such other criteria relating to the merits of the 
        proposals as the Chiefs determine to be appropriate.

    (e) Outreach.--The Secretary shall provide--
            (1) <<NOTE: Public information. Web posting.>> public notice 
        on the websites of the Forest Service and the Natural Resources 
        Conservation Service describing--
                    (A) <<NOTE: Proposals.>>  the solicitation of 
                proposals under subsection (c); and
                    (B) <<NOTE: Criteria.>>  the criteria for selecting 
                proposals in accordance with subsection (d); and
            (2) information relating to the Program and activities 
        funded under the Program to States, Indian Tribes, units of 
        local government, and private landowners.

    (f) Exclusions.--An eligible activity may not be carried out under 
the Program--
            (1) in a wilderness area or designated wilderness study 
        area;
            (2) in an inventoried roadless area;
            (3) on any Federal land on which, by Act of Congress or 
        Presidential proclamation, the removal of vegetation is 
        restricted or prohibited; or
            (4) in an area in which the eligible activity would be 
        inconsistent with the applicable land and resource management 
        plan.

    (g) Accountability.--
            (1) <<NOTE: Recommenda- tions.>> Initial report.--Not later 
        than 1 year after the date of enactment of this Act, the 
        Secretary shall submit to Congress a report providing 
        recommendations to Congress relating to the Program, including a 
        review of--
                    (A) funding mechanisms for the Program;
                    (B) staff capacity to carry out the Program;
                    (C) privacy laws applicable to the Program;
                    (D) data collection under the Program;
                    (E) monitoring and outcomes under the Program; and
                    (F) such other matters as the Secretary considers to 
                be appropriate.
            (2) Additional reports.--For each of fiscal years 2022 and 
        2023, the Chiefs shall submit to the Committee on Agriculture, 
        Nutrition, and Forestry and the Committee on Appropriations of 
        the Senate and the Committee on Agriculture and

[[Page 135 STAT. 1116]]

        the Committee on Appropriations of the House of Representatives 
        a report describing projects for which funding is provided under 
        the Program, including the status and outcomes of those 
        projects.

    (h) Funding.--
            (1) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Secretary to carry out the Program $90,000,000 for each of 
        fiscal years 2022 and 2023.
            (2) Additional funds.--In addition to the funds described in 
        paragraph (1), the Secretary may obligate available funds from 
        accounts used to carry out the existing Joint Chiefs' Landscape 
        Restoration Partnership prior to the date of enactment of this 
        Act to carry out the Program.
            (3) Duration of availability.--Funds made available under 
        paragraph (1) shall remain available until expended.
            (4) Distribution of funds.--Of the funds made available 
        under paragraph (1)--
                    (A) not less than 40 percent shall be allocated to 
                carry out eligible activities through the Natural 
                Resources Conservation Service;
                    (B) not less than 40 percent shall be allocated to 
                carry out eligible activities through the Forest 
                Service; and
                    (C) the remaining funds shall be allocated by the 
                Chiefs to the Natural Resources Conservation Service or 
                the Forest Service--
                          (i) to carry out eligible activities; or
                          (ii) for other purposes, such as technical 
                      assistance, project development, or local capacity 
                      building.

                 TITLE IX--WESTERN WATER INFRASTRUCTURE

SEC. 40901. <<NOTE: Time period. 43 USC 3201.>>  AUTHORIZATIONS OF 
                            APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of the 
Interior, acting through the Commissioner of Reclamation (referred to in 
this title as the ``Secretary''), for the period of fiscal years 2022 
through 2026--
            (1) $1,150,000,000 for water storage, groundwater storage, 
        and conveyance projects in accordance with section 40902, of 
        which $100,000,000 shall be made available to provide grants to 
        plan and construct small surface water and groundwater storage 
        projects in accordance with section 40903;
            (2) $3,200,000,000 for the Aging Infrastructure Account 
        established by subsection (d)(1) of section 9603 of the Omnibus 
        Public Land Management Act of 2009 (43 U.S.C. 510b), to be made 
        available for activities in accordance with that subsection, 
        including major rehabilitation and replacement activities, as 
        identified in the Asset Management Report of the Bureau of 
        Reclamation dated April 2021, of which--
                    (A) $100,000,000 shall be made available for Bureau 
                of Reclamation reserved or transferred works that have 
                suffered a critical failure, in accordance with section 
                40904(a); and
                    (B) $100,000,000 shall be made available for the 
                rehabilitation, reconstruction, or replacement of a dam 
                in accordance with section 40904(b);

[[Page 135 STAT. 1117]]

            (3) $1,000,000,000 for rural water projects that have been 
        authorized by an Act of Congress before July 1, 2021, in 
        accordance with the Reclamation Rural Water Supply Act of 2006 
        (43 U.S.C. 2401 et seq.);
            (4) $1,000,000,000 for water recycling and reuse projects, 
        of which--
                    (A) $550,000,000 shall be made available for water 
                recycling and reuse projects authorized in accordance 
                with the Reclamation Wastewater and Groundwater Study 
                and Facilities Act (43 U.S.C. 390h et seq.) that are--
                          (i) authorized or approved for construction 
                      funding by an Act of Congress before the date of 
                      enactment of this Act; or
                          (ii) selected for funding under the 
                      competitive grant program authorized pursuant to 
                      section 1602(f) of the Reclamation Wastewater and 
                      Groundwater Study and Facilities Act (43 U.S.C. 
                      390h(f)), with funding under this subparagraph to 
                      be provided in accordance with that section, 
                      notwithstanding section 4013 of the Water 
                      Infrastructure Improvements for the Nation Act (43 
                      U.S.C. 390b note; Public Law 114-322), except that 
                      section 1602(g)(2) of the Reclamation Wastewater 
                      and Groundwater Study and Facilities Act (43 
                      U.S.C. 390h(g)(2)) shall not apply to amounts made 
                      available under this subparagraph; and
                    (B) $450,000,000 shall be made available for large-
                scale water recycling and reuse projects in accordance 
                with section 40905;
            (5) $250,000,000 for water desalination projects and studies 
        authorized in accordance with the Water Desalination Act of 1996 
        (42 U.S.C. 10301 note; Public Law 104-298) that are--
                    (A) authorized or approved for construction funding 
                by an Act of Congress before July 1, 2021; or
                    (B) selected for funding under the program 
                authorized pursuant to section 4(a) of the Water 
                Desalination Act of 1996 (42 U.S.C. 10301 note; Public 
                Law 104-298), with funding to be made available under 
                this paragraph in accordance with that subsection, 
                notwithstanding section 4013 of the Water Infrastructure 
                Improvements for the Nation Act (43 U.S.C. 390b note; 
                Public Law 114-322), except that paragraph (2)(F) of 
                section 4(a) of the Water Desalination Act of 1996 (42 
                U.S.C. 10301 note; Public Law 104-298) (as redesignated 
                by section 40908) shall not apply to amounts made 
                available under this paragraph;
            (6) $500,000,000 for the safety of dams program, in 
        accordance with the Reclamation Safety of Dams Act of 1978 (43 
        U.S.C. 506 et seq.);
            (7) $400,000,000 for WaterSMART grants in accordance with 
        section 9504 of the Omnibus Public Land Management Act of 2009 
        (42 U.S.C. 10364), of which $100,000,000 shall be made available 
        for projects that would improve the condition of a natural 
        feature or nature-based feature (as those terms are defined in 
        section 9502 of the Omnibus Public Land Management Act of 2009 
        (42 U.S.C. 10362));
            (8) subject to section 40906, $300,000,000 for implementing 
        the Colorado River Basin Drought Contingency Plan, consistent 
        with the obligations of the Secretary under the Colorado River

[[Page 135 STAT. 1118]]

        Drought Contingency Plan Authorization Act (Public Law 116-14; 
        133 Stat. 850) and related agreements, of which $50,000,000 
        shall be made available for use in accordance with the Drought 
        Contingency Plan for the Upper Colorado River Basin;
            (9) $100,000,000 to provide financial assistance for 
        watershed management projects in accordance with subtitle A of 
        title VI of the Omnibus Public Land Management Act of 2009 (16 
        U.S.C. 1015 et seq.);
            (10) $250,000,000 for design, study, and construction of 
        aquatic ecosystem restoration and protection projects in 
        accordance with section 1109 of division FF of the Consolidated 
        Appropriations Act, 2021 (Public Law 116-260);
            (11) $100,000,000 for multi-benefit projects to improve 
        watershed health in accordance with section 40907; and
            (12) $50,000,000 for endangered species recovery and 
        conservation programs in the Colorado River Basin in accordance 
        with--
                    (A) Public Law 106-392 (114 Stat. 1602);
                    (B) the Grand Canyon Protection Act of 1992 (Public 
                Law 102-575; 106 Stat. 4669); and
                    (C) subtitle E of title IX of the Omnibus Public 
                Land Management Act of 2009 (Public Law 111-11; 123 
                Stat. 1327).
SEC. 40902. <<NOTE: 43 USC 3202.>>  WATER STORAGE, GROUNDWATER 
                            STORAGE, AND CONVEYANCE PROJECTS.

    (a) Eligibility for Funding.--
            (1) Feasibility studies.--
                    (A) In general.--A feasibility study shall only be 
                eligible for funding under section 40901(1) if--
                          (i) the feasibility study has been authorized 
                      by an Act of Congress before the date of enactment 
                      of this Act;
                          (ii) Congress has approved funding for the 
                      feasibility study in accordance with section 4007 
                      of the Water Infrastructure Improvements for the 
                      Nation Act (43 U.S.C. 390b note; Public Law 114-
                      322) before the date of enactment of this Act; or
                          (iii) the feasibility study is authorized 
                      under subparagraph (B).
                    (B) Feasibility study authorizations.--The Secretary 
                may carry out feasibility studies for the following 
                projects:
                          (i) <<NOTE: Arizona.>> The Verde Reservoirs 
                      Sediment Mitigation Project in the State of 
                      Arizona.
                          (ii) <<NOTE: Oregon.>>  The Tualatin River 
                      Basin Project in the State of Oregon.
            (2) Construction.--A project shall only be eligible for 
        construction funding under section 40901(1) if--
                    (A) an Act of Congress enacted before the date of 
                enactment of this Act authorizes construction of the 
                project;
                    (B) Congress has approved funding for construction 
                of the project in accordance with section 4007 of the 
                Water Infrastructure Improvements for the Nation Act (43 
                U.S.C. 390b note; Public Law 114-322) before the date of 
                enactment of this Act, except for any project for 
                which--

[[Page 135 STAT. 1119]]

                          (i) <<NOTE: Time period.>>  Congress did not 
                      approve the recommendation of the Secretary for 
                      funding under subsection (h)(2) of that section 
                      for at least 1 fiscal year before the date of 
                      enactment of this Act; or
                          (ii) State funding for the project was 
                      rescinded by the State before the date of 
                      enactment of this Act; or
                    (C)(i) Congress has authorized or approved funding 
                for a feasibility study for the project in accordance 
                with clause (i) or (ii) of paragraph (1)(A) (except that 
                projects described in clauses (i) and (ii) of 
                subparagraph (B) shall not be eligible); and
                    (ii) on completion of the feasibility study for the 
                project, the Secretary--
                          (I) finds the project to be technically and 
                      financially feasible in accordance with the 
                      reclamation laws;
                          (II) determines that sufficient non-Federal 
                      funding is available for the non-Federal cost 
                      share of the project; and
                          (III)(aa) finds the project to be in the 
                      public interest; and
                          (bb) <<NOTE: Recommenda- tion.>>  recommends 
                      the project for construction.

    (b) Cost-sharing Requirement.--
            (1) In general.--The Federal share--
                    (A) <<NOTE: Determination.>>  for a project 
                authorized by an Act of Congress shall be determined in 
                accordance with that Act;
                    (B) for a project approved by Congress in accordance 
                with section 4007 of the Water Infrastructure 
                Improvements for the Nation Act (43 U.S.C. 390b note; 
                Public Law 114-322) (including construction resulting 
                from a feasibility study authorized under that Act) 
                shall be as provided in that Act; and
                    (C) for a project not described in subparagraph (A) 
                or (B)--
                          (i) in the case of a federally owned project, 
                      shall not exceed 50 percent of the total cost of 
                      the project; and
                          (ii) in the case of a non-Federal project, 
                      shall not exceed 25 percent of the total cost of 
                      the project.
            (2) <<NOTE: Determination.>>  Federal benefits.--Before 
        funding a project under this section, the Secretary shall 
        determine that, in return for the Federal investment in the 
        project, at least a proportionate share of the benefits are 
        Federal benefits.
            (3) Reimbursability.--The reimbursability of Federal funding 
        of projects under this section shall be in accordance with the 
        reclamation laws.

    (c) <<NOTE: Compliance.>>  Environmental Laws.--In providing funding 
for a project under this section, the Secretary shall comply with all 
applicable environmental laws, including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 40903. <<NOTE: 43 USC 3203.>>  SMALL WATER STORAGE AND 
                            GROUNDWATER STORAGE PROJECTS.

    (a) Establishment of a Competitive Grant Program for Small Water 
Storage and Groundwater Storage Projects.--The 
Secretary <<NOTE: Alaska. Hawaii. Determination.>> shall establish a 
competitive grant program, under

[[Page 135 STAT. 1120]]

which the non-Federal project sponsor of any project in a Reclamation 
State, including the State of Alaska or Hawaii, determined by the 
Secretary to be feasible under subsection (b)(2)(B) shall be eligible to 
apply for funding for the planning, design, and construction of the 
project.

    (b) Eligibility and Selection.--
            (1) Submission to the secretary.--
                    (A) <<NOTE: Study.>> In general.--A non-Federal 
                project sponsor described in subsection (a) may submit 
                to the Secretary a proposal for a project eligible to 
                receive a grant under this section in the form of a 
                completed feasibility study.
                    (B) Eligible projects.--A project shall be 
                considered eligible for consideration for a grant under 
                this section if the project--
                          (i) has water storage capacity of not less 
                      than 2,000 acre-feet and not more than 30,000 
                      acre-feet; and
                          (ii)(I) increases surface water or groundwater 
                      storage; or
                          (II) conveys water, directly or indirectly, to 
                      or from surface water or groundwater storage.
                    (C) <<NOTE: Deadline.>> Guidelines.--Not later than 
                60 days after the date of enactment of this Act, the 
                Secretary shall issue guidelines for feasibility studies 
                for small storage projects to provide sufficient 
                information for the formulation of the studies.
            (2) <<NOTE: Determinations.>> Review by the secretary.--The 
        Secretary shall review each feasibility study received under 
        paragraph (1)(A) for the purpose of determining whether--
                    (A) the feasibility study, and the process under 
                which the study was developed, each comply with Federal 
                laws (including regulations) applicable to feasibility 
                studies of small storage projects;
                    (B) the project is technically and financially 
                feasible, in accordance with--
                          (i) the guidelines developed under paragraph 
                      (1)(C); and
                          (ii) the reclamation laws; and
                    (C) the project provides a Federal benefit, as 
                determined by the Secretary.
            (3) <<NOTE: Reports.>> Submission to congress.--Not later 
        than 180 days after the date of receipt of a feasibility study 
        received under paragraph (1)(A), the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Natural Resources of the House of 
        Representatives a report that describes--
                    (A) <<NOTE: Determination.>> the results of the 
                review of the study by the Secretary under paragraph 
                (2), including a determination of whether the project is 
                feasible and provides a Federal benefit;
                    (B) <<NOTE: Recommenda- tions.>>  any 
                recommendations that the Secretary may have concerning 
                the plan or design of the project; and
                    (C) any conditions the Secretary may require for 
                construction of the project.
            (4) Eligibility for funding.--
                    (A) <<NOTE: Determination.>> In general.--The non-
                Federal project sponsor of any project determined by the 
                Secretary to be feasible

[[Page 135 STAT. 1121]]

                under paragraph (3)(A) shall be eligible to apply to the 
                Secretary for a grant to cover the Federal share of the 
                costs of planning, designing, and constructing the 
                project pursuant to subsection (c).
                    (B) <<NOTE: Determination.>>  Required 
                determination.--Prior to awarding grants to a small 
                storage project, the Secretary shall determine whether 
                there is sufficient non-Federal funding available to 
                complete the project.
            (5) <<NOTE: Criteria.>>  Priority.--In awarding grants to 
        projects under this section, the Secretary shall give priority 
        to projects that meet 1 or more of the following criteria:
                    (A) Projects that are likely to provide a more 
                reliable water supply for States, Indian Tribes, and 
                local governments, including subdivisions of those 
                entities.
                    (B) Projects that are likely to increase water 
                management flexibility and reduce impacts on 
                environmental resources from projects operated by 
                Federal and State agencies.
                    (C) Projects that are regional in nature.
                    (D) Projects with multiple stakeholders.
                    (E) Projects that provide multiple benefits, 
                including water supply reliability, ecosystem benefits, 
                groundwater management and enhancements, and water 
                quality improvements.

    (c) Ceiling on Federal Share.--The Federal share of the costs of 
each of the individual projects selected under this section shall not 
exceed the lesser of--
            (1) 25 percent of the total project cost; or
            (2) $30,000,000.

    (d) <<NOTE: Compliance.>>  Environmental Laws.--In providing funding 
for a grant for a project under this section, the Secretary shall comply 
with all applicable environmental laws, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    (e) Termination of Authority.--The authority to carry out this 
section terminates on the date that is 5 years after the date of 
enactment of this Act.
SEC. 40904. <<NOTE: 43 USC 3204.>>  CRITICAL MAINTENANCE AND 
                            REPAIR.

    (a) Critical Failure at a Reserved or Transferred Work.--
            (1) In general.--A reserved or transferred work shall only 
        be eligible for funding under section 40901(2)(A) if--
                    (A) <<NOTE: Effective date.>>  construction of the 
                reserved or transferred work began on or before January 
                1, 1915; and
                    (B) <<NOTE: Time period.>>  a unit of the reserved 
                or transferred work suffered a critical failure in 
                Bureau of Reclamation infrastructure during the 2-year 
                period ending on the date of enactment of this Act that 
                resulted in the failure to deliver water to project 
                beneficiaries.
            (2) Use of funds.--Rehabilitation, repair, and replacement 
        activities for a transferred or reserved work using amounts made 
        available under section 40901(2)(A) may be used for the entire 
        transferred or reserved work, regardless of whether the critical 
        failure was limited to a single project of the overall work.
            (3) Nonreimbursable funds.--Notwithstanding section 9603(b) 
        of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 
        510b(b)), amounts made available to a reserved

[[Page 135 STAT. 1122]]

        or transferred work under section 40901(2)(A) shall be 
        nonreimbursable to the United States.

    (b) Carey Act Projects.--The Secretary shall use amounts made 
available under section 40901(2)(B) to fund the rehabilitation, 
reconstruction, or replacement of a dam--
            (1) <<NOTE: Effective date.>>  the construction of which 
        began on or after January 1, 1905;
            (2) that was developed pursuant to section 4 of the Act of 
        August 18, 1894 (commonly known as the ``Carey Act'') (43 U.S.C. 
        641; 28 Stat. 422, chapter 301);
            (3) <<NOTE: Determination.>> that the Governor of the State 
        in which the dam is located has--
                    (A) determined the dam has reached its useful life;
                    (B) determined the dam poses significant health and 
                safety concerns; and
                    (C) requested Federal support; and
            (4) for which the estimated rehabilitation, reconstruction, 
        or replacement, engineering, and permitting costs would exceed 
        $50,000,000.
SEC. 40905. <<NOTE: 43 USC 3205.>>  COMPETITIVE GRANT PROGRAM FOR 
                            LARGE-SCALE WATER RECYCLING AND REUSE 
                            PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, Indian Tribe, municipality, irrigation 
                district, water district, wastewater district, or other 
                organization with water or power delivery authority;
                    (B) a State, regional, or local authority, the 
                members of which include 1 or more organizations with 
                water or power delivery authority; or
                    (C) an agency established under State law for the 
                joint exercise of powers or a combination of entities 
                described in subparagraphs (A) and (B).
            (2) Eligible project.--The term ``eligible project'' means a 
        project described in subsection (c).
            (3) Program.--The term ``program'' means the grant program 
        established under subsection (b).
            (4) Reclamation state.--The term ``Reclamation State'' means 
        a State or territory described in the first section of the Act 
        of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).

    (b) Establishment.--The Secretary shall establish a program to 
provide grants to eligible entities on a competitive basis for the 
planning, design, and construction of large-scale water recycling and 
reuse projects that provide substantial water supply and other benefits 
to the Reclamation States in accordance with this section.
    (c) Eligible Project.--A project shall be eligible for a grant under 
this section if the project--
            (1) reclaims and reuses--
                    (A) municipal, industrial, domestic, or agricultural 
                wastewater; or
                    (B) impaired groundwater or surface water;
            (2) has a total estimated cost of $500,000,000 or more;
            (3) is located in a Reclamation State;
            (4) is constructed, operated, and maintained by an eligible 
        entity; and

[[Page 135 STAT. 1123]]

            (5) provides a Federal benefit in accordance with the 
        reclamation laws.

    (d) <<NOTE: Determinations.>>  Project Evaluation.--The Secretary 
may provide a grant to an eligible project under the program if--
            (1) <<NOTE: Study.>> the eligible entity determines through 
        the preparation of a feasibility study or equivalent study, and 
        the Secretary concurs, that the eligible project--
                    (A) is technically and financially feasible;
                    (B) provides a Federal benefit in accordance with 
                the reclamation laws; and
                    (C) is consistent with applicable Federal and State 
                laws;
            (2) the eligible entity has sufficient non-Federal funding 
        available to complete the eligible project, as determined by the 
        Secretary;
            (3) the eligible entity is financially solvent, as 
        determined by the Secretary; and
            (4) <<NOTE: Deadline.>>  not later than 30 days after the 
        date on which the Secretary concurs with the determinations 
        under paragraph (1) with respect to the eligible project, the 
        Secretary submits to Congress written notice of the 
        determinations.

    (e) Priority.--In providing grants to eligible projects under the 
program, the Secretary shall give priority to eligible projects that 
meet 1 or more of the following criteria:
            (1) The eligible project provides multiple benefits, 
        including--
                    (A) water supply reliability benefits for drought-
                stricken States and communities;
                    (B) fish and wildlife benefits; and
                    (C) water quality improvements.
            (2) The eligible project is likely to reduce impacts on 
        environmental resources from water projects owned or operated by 
        Federal and State agencies, including through measurable 
        reductions in water diversions from imperiled ecosystems.
            (3) The eligible project would advance water management 
        plans across a multi-State area, such as drought contingency 
        plans in the Colorado River Basin.
            (4) The eligible project is regional in nature.
            (5) The eligible project is collaboratively developed or 
        supported by multiple stakeholders.

    (f) Federal Assistance.--
            (1) Federal cost share.--The Federal share of the cost of 
        any project provided a grant under the program shall not exceed 
        25 percent of the total cost of the eligible project.
            (2) Total dollar cap.--The Secretary shall not impose a 
        total dollar cap on Federal contributions for all eligible 
        individual projects provided a grant under the program.
            (3) Nonreimbursable funds.--Any funds provided by the 
        Secretary to an eligible entity under the program shall be 
        considered nonreimbursable.
            (4) Funding eligibility.--An eligible project shall not be 
        considered ineligible for assistance under the program because 
        the eligible project has received assistance under--
                    (A) the Reclamation Wastewater and Groundwater Study 
                and Facilities Act (43 U.S.C. 390h et seq.);

[[Page 135 STAT. 1124]]

                    (B) section 4(a) of the Water Desalination Act of 
                1996 (42 U.S.C. 10301 note; Public Law 104-298) for 
                eligible desalination projects; or
                    (C) section 1602(e) of the Reclamation Wastewater 
                and Groundwater Study and Facilities Act (43 U.S.C. 
                390h(e)).

    (g) <<NOTE: Compliance.>> Environmental Laws.--In providing a grant 
for an eligible project under the program, the Secretary shall comply 
with all applicable environmental laws, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    (h) <<NOTE: Deadline.>>  Guidance.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue guidance on the 
implementation of the program, including guidelines for the preparation 
of feasibility studies or equivalent studies by eligible entities.

    (i) Reports.--
            (1) <<NOTE: Web posting.>>  Annual report.--At the end of 
        each fiscal year, the Secretary shall make available on the 
        website of the Department of the Interior an annual report that 
        lists each eligible project for which a grant has been awarded 
        under this section during the fiscal year.
            (2) Comptroller general.--
                    (A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                administrative establishment, solicitation, selection, 
                and justification process with respect to the funding of 
                grants under this section.
                    (B) Report.--Not later than 1 year after the date of 
                the initial award of grants under this section, the 
                Comptroller General shall submit to the Committee on 
                Energy and Natural Resources of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives a report that describes--
                          (i) the adequacy and effectiveness of the 
                      process by which each eligible project was 
                      selected, if applicable; and
                          (ii) the justification and criteria used for 
                      the selection of each eligible project, if 
                      applicable.

    (j) Treatment of Conveyance.--The Secretary shall consider the 
planning, design, and construction of a conveyance system for an 
eligible project to be eligible for grant funding under the program.
    (k) Termination of Authority.--The authority to carry out this 
section terminates on the date that is 5 years after the date of 
enactment of this Act.
SEC. 40906. <<NOTE: 43 USC 3206.>>  DROUGHT CONTINGENCY PLAN 
                            FUNDING REQUIREMENTS.

    (a) In General.--Funds made available under section 40901(8) for use 
in the Lower Colorado River Basin may be used for projects--
            (1) to establish or conserve recurring Colorado River water 
        that contributes to supplies in Lake Mead and other Colorado 
        River water reservoirs in the Lower Colorado River Basin; or
            (2) to improve the long-term efficiency of operations in the 
        Lower Colorado River Basin.

[[Page 135 STAT. 1125]]

    (b) Limitation.--None of the funds made available under section 
40901(8) may be used for the operation of the Yuma Desalting Plant.
    (c) Effect.--Nothing in section 40901(8) limits existing or future 
opportunities to augment the water supplies of the Colorado River.
SEC. 40907. <<NOTE: 43 USC 3207.>>  MULTI-BENEFIT PROJECTS TO 
                            IMPROVE WATERSHED HEALTH.

    (a) Definition of Eligible Applicant.--In this section, the term 
``eligible applicant'' means--
            (1) a State;
            (2) a Tribal or local government;
            (3) an organization with power or water delivery authority;
            (4) a regional authority; or
            (5) a nonprofit conservation organization.

    (b) <<NOTE: Deadline. Consultation.>>  Establishment of Competitive 
Grant Program.--Not later than 1 year after the date of enactment of 
this Act, the Secretary, in consultation with the heads of relevant 
agencies, shall establish a competitive grant program under which the 
Secretary shall award grants to eligible applicants for the design, 
implementation, and monitoring of conservation outcomes of habitat 
restoration projects that improve watershed health in a river basin that 
is adversely impacted by a Bureau of Reclamation water project by 
accomplishing 1 or more of the following:
            (1) Ecosystem benefits.
            (2) Restoration of native species.
            (3) Mitigation against the impacts of climate change to fish 
        and wildlife habitats.
            (4) Protection against invasive species.
            (5) Restoration of aspects of the natural ecosystem.
            (6) Enhancement of commercial, recreational, subsistence, or 
        Tribal ceremonial fishing.
            (7) Enhancement of river-based recreation.

    (c) Requirements.--
            (1) In general.--In awarding a grant to an eligible 
        applicant under subsection (b), the Secretary--
                    (A) shall give priority to an eligible applicant 
                that would carry out a habitat restoration project that 
                achieves more than 1 of the benefits described in that 
                subsection; and
                    (B) may not provide a grant to carry out a habitat 
                restoration project the purpose of which is to meet 
                existing environmental mitigation or compliance 
                obligations under Federal or State law.
            (2) Compliance.--A habitat restoration project awarded a 
        grant under subsection (b) shall comply with all applicable 
        Federal and State laws.

    (d) Cost-sharing Requirement.--The Federal share of the cost of any 
habitat restoration project that is awarded a grant under subsection 
(b)--
            (1) shall not exceed 50 percent of the cost of the habitat 
        restoration project; or
            (2) in the case of a habitat restoration project that 
        provides benefits to ecological or recreational values in which 
        the nonconsumptive water conservation benefit or habitat 
        restoration benefit accounts for at least 75 percent of the cost 
        of the

[[Page 135 STAT. 1126]]

        habitat restoration project, as determined by the Secretary, 
        shall not exceed 75 percent of the cost of the habitat 
        restoration project.
SEC. 40908. ELIGIBLE DESALINATION PROJECTS.

    Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 
note; Public Law 104-298) is amended by redesignating the second 
paragraph (1) (relating to eligible desalination projects) as paragraph 
(2).
SEC. 40909. CLARIFICATION OF AUTHORITY TO USE CORONAVIRUS FISCAL 
                            RECOVERY FUNDS TO MEET A NON-FEDERAL 
                            MATCHING REQUIREMENT FOR AUTHORIZED 
                            BUREAU OF RECLAMATION WATER PROJECTS.

    (a) Coronavirus State Fiscal Recovery Fund.--Section 602(c) of the 
Social Security Act (42 U.S.C. 802(c)) is amended by adding at the end 
the following:
            ``(4) Use of funds to satisfy non-federal matching 
        requirements for authorized bureau of reclamation water 
        projects.--Funds provided under this section for an authorized 
        Bureau of Reclamation project may be used for purposes of 
        satisfying any non-Federal matching requirement required for the 
        project.''.

    (b) Coronavirus Local Fiscal Recovery Fund.--Section 603(c) of the 
Social Security Act (42 U.S.C. 803(c)) is amended by adding at the end 
the following:
            ``(5) Use of funds to satisfy non-federal matching, 
        maintenance of effort, or other expenditure requirement.--Funds 
        provided under this section for an authorized Bureau of 
        Reclamation project may be used for purposes of satisfying any 
        non-Federal matching requirement required for the project.''.

    (c) <<NOTE: 42 USC 802 note.>>  Effective Date.--The amendments made 
by this section shall take effect as if included in the enactment of 
section 9901 of the American Rescue Plan Act of 2021 (Public Law 117-2; 
135 Stat. 223).
SEC. 40910. <<NOTE: 43 USC 3208.>>  FEDERAL ASSISTANCE FOR 
                            GROUNDWATER RECHARGE, AQUIFER STORAGE, 
                            AND WATER SOURCE SUBSTITUTION 
                            PROJECTS.

    (a) <<NOTE: Coordination.>>  In General.--The Secretary, at the 
request of and in coordination with affected Indian Tribes, States 
(including subdivisions and departments of a State), or a public agency 
organized pursuant to State law, may provide technical or financial 
assistance for, participate in, and enter into agreements (including 
agreements with irrigation entities) for--
            (1) groundwater recharge projects;
            (2) aquifer storage and recovery projects; or
            (3) water source substitution for aquifer protection 
        projects.

    (b) Limitation.--Nothing in this section authorizes additional 
technical or financial assistance for, or participation in an agreement 
for, a surface water storage facility to be constructed or expanded.
    (c) Requirement.--A construction project shall only be eligible for 
financial assistance under this section if the project meets the 
conditions for funding under section 40902(a)(2)(C)(ii).
    (d) Cost Sharing.--Cost sharing for a project funded under this 
section shall be in accordance with section 40902(b).

[[Page 135 STAT. 1127]]

    (e) <<NOTE: Compliance.>>  Environmental Laws.--In providing funding 
for a project under this section, the Secretary shall comply with all 
applicable environmental laws, including --
            (1) the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.);
            (2) any obligations for fish, wildlife, or water quality 
        protection in permits or licenses granted by a Federal agency or 
        a State; and
            (3) any applicable Federal or State laws (including 
        regulations).

    (f) Authorization by Congress for Major Project Construction.--A 
project with a total estimated cost of $500,000,000 or more shall only 
be eligible for construction funding under this section if the project 
is authorized for construction by an Act of Congress.

  TITLE <<NOTE: Time periods.>> X--AUTHORIZATION OF APPROPRIATIONS FOR 
ENERGY ACT OF 2020
SEC. 41001. ENERGY STORAGE DEMONSTRATION PROJECTS.

    (a) Energy Storage Demonstration Projects; Pilot Grant Program.--
There is authorized to be appropriated to the Secretary to carry out 
activities under section 3201(c) of the Energy Act of 2020 (42 U.S.C. 
17232(c)) $355,000,000 for the period of fiscal years 2022 through 2025.
    (b) Long-duration Demonstration Initiative and Joint Program.--There 
is authorized to be appropriated to the Secretary to carry out 
activities under section 3201(d) of the Energy Act of 2020 (42 U.S.C. 
17232(d)) $150,000,000 for the period of fiscal years 2022 through 2025.
SEC. 41002. ADVANCED REACTOR DEMONSTRATION PROGRAM.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out activities under section 959A 
of the Energy Policy Act of 2005 (42 U.S.C. 16279a) pursuant to the 
funding opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations--
            (1) $511,000,000 for fiscal year 2022;
            (2) $506,000,000 for fiscal year 2023;
            (3) $636,000,000 for fiscal year 2024;
            (4) $824,000,000 for fiscal year 2025;
            (5) $453,000,000 for fiscal year 2026; and
            (6) $281,000,000 for fiscal year 2027.

    (b) Technical Corrections.--
            (1) Definition of advanced nuclear reactor.--Section 
        951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 
        16271(b)(1)) is amended--
                    (A) in subparagraph (A)(xi), by striking ``; and'' 
                and inserting a semicolon;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) a radioisotope power system that utilizes heat 
                from radioactive decay to generate energy.''.

[[Page 135 STAT. 1128]]

            (2) Nuclear energy university program funding.--Section 
        954(a)(6) of the Energy Policy Act of 2005 (42 U.S.C. 
        16274(a)(6)) is amended by inserting ``, excluding funds 
        appropriated for the Advanced Reactor Demonstration Program of 
        the Department,'' after ``annually''.
SEC. 41003. MINERAL SECURITY PROJECTS.

    (a) National Geological and Geophysical Data Preservation Program.--
There are authorized to be appropriated to the Secretary of the Interior 
to carry out activities under section 351 of the Energy Policy Act of 
2005 (42 U.S.C. 15908)--
            (1) $8,668,000 for fiscal year 2022; and
            (2) $5,000,000 for each of fiscal years 2023 through 2025.

    (b) Rare Earth Mineral Security.--There are authorized to be 
appropriated to the Secretary to carry out activities under section 
7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a))--
            (1) $23,000,000 for fiscal year 2022;
            (2) $24,200,000 for fiscal year 2023;
            (3) $25,400,000 for fiscal year 2024;
            (4) $26,600,000 for fiscal year 2025; and
            (5) $27,800,000 for fiscal year 2026.

    (c) Critical Material Innovation, Efficiency, and Alternatives.--
There are authorized to be appropriated to the Secretary to carry out 
activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C. 
1606(g))--
            (1) $230,000,000 for fiscal year 2022;
            (2) $100,000,000 for fiscal year 2023; and
            (3) $135,000,000 for each of fiscal years 2024 and 2025.

    (d) Critical Material Supply Chain Research Facility.--There are 
authorized to be appropriated to the Secretary to carry out activities 
under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h))--
            (1) $40,000,000 for fiscal year 2022; and
            (2) $35,000,000 for fiscal year 2023.
SEC. 41004. CARBON CAPTURE DEMONSTRATION AND PILOT PROGRAMS.

    (a) Carbon Capture Large-scale Pilot Projects.--There are authorized 
to be appropriated to the Secretary to carry out activities under 
section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 
16292(b)(2)(B))--
            (1) $387,000,000 for fiscal year 2022;
            (2) $200,000,000 for fiscal year 2023;
            (3) $200,000,000 for fiscal year 2024; and
            (4) $150,000,000 for fiscal year 2025.

    (b) Carbon Capture Demonstration Projects Program.--There are 
authorized to be appropriated to the Secretary to carry out activities 
under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 
16292(b)(2)(C))--
            (1) $937,000,000 for fiscal year 2022;
            (2) $500,000,000 for each of fiscal years 2023 and 2024; and
            (3) $600,000,000 for fiscal year 2025.
SEC. 41005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE COMPETITIONS.

    (a) Precommercial.--There is authorized to be appropriated to the 
Secretary to carry out activities under section 969D(e)(2)(A)

[[Page 135 STAT. 1129]]

of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)) $15,000,000 
for fiscal year 2022.
    (b) Commercial.--There is authorized to be appropriated to the 
Secretary to carry out activities under section 969D(e)(2)(B) of the 
Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)) $100,000,000 for 
fiscal year 2022.
SEC. 41006. WATER POWER PROJECTS.

    (a) Hydropower and Marine Energy.--There are authorized to be 
appropriated to the Secretary--
            (1) to carry out activities under section 634 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17213), 
        $36,000,000 for the period of fiscal years 2022 through 2025; 
        and
            (2) to carry out activities under section 635 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17214), 
        $70,400,000 for the period of fiscal years 2022 through 2025.

    (b) National Marine Energy Centers.--There is authorized to be 
appropriated to the Secretary to carry out activities under section 636 
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215) 
$40,000,000 for the period of fiscal years 2022 through 2025.
SEC. 41007. RENEWABLE ENERGY PROJECTS.

    (a) Geothermal Energy.--There is authorized to be appropriated to 
the Secretary to carry out activities under section 615(d) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17194(d)) $84,000,000 
for the period of fiscal years 2022 through 2025.
    (b) Wind Energy.--There are authorized to be appropriated to the 
Secretary--
            (1) to carry out activities under section 3003(b)(2) of the 
        Energy Act of 2020 (42 U.S.C. 16237(b)(2)), $60,000,000 for the 
        period of fiscal years 2022 through 2025; and
            (2) to carry out activities under section 3003(b)(4) of the 
        Energy Act of 2020 (42 U.S.C. 16237(b)(4)), $40,000,000 for the 
        period of fiscal years 2022 through 2025.

    (c) Solar Energy.--There are authorized to be appropriated to the 
Secretary--
            (1) to carry out activities under section 3004(b)(2) of the 
        Energy Act of 2020 (42 U.S.C. 16238(b)(2)), $40,000,000 for the 
        period of fiscal years 2022 through 2025;
            (2) to carry out activities under section 3004(b)(3) of the 
        Energy Act of 2020 (42 U.S.C. 16238(b)(3)), $20,000,000 for the 
        period of fiscal years 2022 through 2025; and
            (3) to carry out activities under section 3004(b)(4) of the 
        Energy Act of 2020 (42 U.S.C. 16238(b)(4)), $20,000,000 for the 
        period of fiscal years 2022 through 2025.

    (d) Clarification.--Amounts authorized to be appropriated under 
subsection (b) are authorized to be a part of, and not in addition to, 
any amounts authorized to be appropriated by section 3003(b)(7) of the 
Energy Act of 2020 (42 U.S.C. 16237(b)(7)).
SEC. 41008. INDUSTRIAL EMISSIONS DEMONSTRATION PROJECTS.

    There are authorized to be appropriated to the Secretary to carry 
out activities under section 454(d)(3) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17113(d)(3))--

[[Page 135 STAT. 1130]]

            (1) $100,000,000 for each of fiscal years 2022 and 2023; and
            (2) $150,000,000 for each of fiscal years 2024 and 2025.

                    TITLE XI--WAGE RATE REQUIREMENTS

SEC. 41101. <<NOTE: 42 USC 18851.>>  WAGE RATE REQUIREMENTS.

    (a) <<NOTE: Contracts. Determination.>>  Davis-Bacon.--All laborers 
and mechanics employed by contractors or subcontractors in the 
performance of construction, alteration, or repair work on a project 
assisted in whole or in part by funding made available under this 
division or an amendment made by this division shall be paid wages at 
rates not less than those prevailing on similar projects in the 
locality, as determined by the Secretary of Labor in accordance with 
subchapter IV of chapter 31 of title 40, United States Code (commonly 
referred to as the ``Davis-Bacon Act'').

    (b) Authority.--With respect to the labor standards specified in 
subsection (a), the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 
1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

                        TITLE XII--MISCELLANEOUS

SEC. 41201. <<NOTE: 42 USC 18861.>>  OFFICE OF CLEAN ENERGY 
                            DEMONSTRATIONS.

    (a) Definitions.--In this section:
            (1) Covered project.--The term ``covered project'' means a 
        demonstration project of the Department that--
                    (A) receives or is eligible to receive funding from 
                the Secretary; and
                    (B) is authorized under--
                          (i) this division; or
                          (ii) the Energy Act of 2020 (Public Law 116-
                      260; 134 Stat. 1182).
            (2) Program.--The term ``program'' means the program 
        established under subsection (b).

    (b) <<NOTE: Coordination.>> Establishment.--The Secretary, in 
coordination with the heads of relevant program offices of the 
Department, shall establish a program to conduct project management and 
oversight of covered projects, including by--
            (1) <<NOTE: Evaluations.>> conducting evaluations of 
        proposals for covered projects before the selection of a covered 
        project for funding;
            (2) conducting independent oversight of the execution of a 
        covered project after funding has been awarded for that covered 
        project; and
            (3) ensuring a balanced portfolio of investments in covered 
        projects.

    (c) Duties.--The Secretary shall appoint a head of the program who 
shall, in coordination with the heads of relevant program offices of the 
Department--
            (1) evaluate proposals for covered projects, including 
        scope, technical specifications, maturity of design, funding 
        profile, estimated costs, proposed schedule, proposed technical 
        and financial milestones, and potential for commercial success 
        based on economic and policy projections;

[[Page 135 STAT. 1131]]

            (2) develop independent cost estimates for a proposal for a 
        covered project, if appropriate;
            (3) recommend to the head of a program office of the 
        Department, as appropriate, whether to fund a proposal for a 
        covered project;
            (4) oversee the execution of covered projects that receive 
        funding from the Secretary, including reconciling estimated 
        costs as compared to actual costs;
            (5) conduct reviews of ongoing covered projects, including--
                    (A) evaluating the progress of a covered project 
                based on the proposed schedule and technical and 
                financial milestones; and
                    (B) providing the evaluations under subparagraph (A) 
                to the Secretary; and
            (6) assess the lessons learned in overseeing covered 
        projects and implement improvements in the process of evaluating 
        and overseeing covered projects.

    (d) Employees.--To carry out the program, the Secretary may hire 
appropriate personnel to perform the duties of the program.
    (e) Coordination.--In carrying out the program, the head of the 
program shall coordinate with--
            (1) project management and acquisition management entities 
        with the Department, including the Office of Project Management; 
        and
            (2) professional organizations in project management, 
        construction, cost estimation, and other relevant fields.

    (f) Reports.--
            (1) Report by secretary.--The Secretary shall include in 
        each updated technology transfer execution plan submitted under 
        subsection (h)(2) of section 1001 of the Energy Policy Act of 
        2005 (42 U.S.C. 16391) information on the implementation of and 
        progress made under the program, including, for the year covered 
        by the report--
                    (A) the covered projects under the purview of the 
                program; and
                    (B) <<NOTE: Review.>> the review of each covered 
                project carried out under subsection (c)(5).
            (2) <<NOTE: Evaluation.>> Report by comptroller general.--
        Not later than 3 years after the date of enactment of this Act, 
        the Comptroller General of the United States shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Science, Space, and Technology of the House of 
        Representatives a report evaluating the operation of the 
        program, including--
                    (A) a description of the processes and procedures 
                used by the program to evaluate proposals of covered 
                projects and the oversight of covered projects; and
                    (B) <<NOTE: Recommenda- tions.>> any recommended 
                changes in the program, including changes to--
                          (i) the processes and procedures described in 
                      subparagraph (A); and
                          (ii) the structure of the program, for the 
                      purpose of better carrying out the program.

    (g) Technical Amendment.--Section 1001 of the Energy Policy Act of 
2005 (42 U.S.C. 16391) is amended by redesignating the second 
subsections (f) (relating to planning and reporting) and

[[Page 135 STAT. 1132]]

(g) (relating to additional technology transfer programs) as subsections 
(h) and (i), respectively.
SEC. 41202. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
                            DETERMINATION ACT OF 2000.

    (a) <<NOTE: Time periods.>>  Definition of Full Funding Amount.--
Section 3(11) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7102(11)) is amended by striking 
subparagraphs (D) and (E) and inserting the following:
                    ``(D) for fiscal year 2017, the amount that is equal 
                to 95 percent of the full funding amount for fiscal year 
                2015;
                    ``(E) for each of fiscal years 2018 through 2020, 
                the amount that is equal to 95 percent of the full 
                funding amount for the preceding fiscal year; and
                    ``(F) for fiscal year 2021 and each fiscal year 
                thereafter, the amount that is equal to the full funding 
                amount for fiscal year 2017.''.

    (b) <<NOTE: Time periods.>> Secure Payments for States and Counties 
Containing Federal Land.--
            (1) Secure payments.--Section 101 of the Secure Rural 
        Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
        7111) is amended, in subsections (a) and (b), by striking 
        ``2015, 2017, 2018, 2019, and 2020'' each place it appears and 
        inserting ``2015 and 2017 through 2023''.
            (2) Distribution of payments to eligible counties.--Section 
        103(d)(2) of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by 
        striking ``2020'' and inserting ``2023''.

    (c) Pilot Program To Streamline Nomination of Members of Resource 
Advisory Committees.--Section 205 of the Secure Rural Schools and 
Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by 
striking subsection (g) and inserting the following:
    ``(g) Resource Advisory Committee Appointment Pilot Programs.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Applicable designee.--The term `applicable 
                designee' means the applicable regional forester.
                    ``(B) National pilot program.--The term `national 
                pilot program' means the national pilot program 
                established under paragraph (4)(A).
                    ``(C) Regional pilot program.--The term `regional 
                pilot program' means the regional pilot program 
                established under paragraph (3)(A).
            ``(2) Establishment of pilot programs.--In accordance with 
        paragraphs (3) and (4), the Secretary concerned shall carry out 
        2 pilot programs to appoint members of resource advisory 
        committees.
            ``(3) Regional pilot program.--
                    ``(A) In general.--The Secretary concerned shall 
                carry out a regional pilot program to allow an 
                applicable designee to appoint members of resource 
                advisory committees.
                    ``(B) <<NOTE: Applicability.>> Geographic 
                limitation.--The regional pilot program shall only apply 
                to resource advisory committees chartered in--
                          ``(i) <<NOTE: Montana.>> the State of Montana; 
                      and

[[Page 135 STAT. 1133]]

                          ``(ii) <<NOTE: Arizona.>> the State of 
                      Arizona.
                    ``(C) Responsibilities of applicable designee.--
                          ``(i) <<NOTE: Analysis.>>  Review.--Before 
                      appointing a member of a resource advisory 
                      committee under the regional pilot program, an 
                      applicable designee shall conduct the review and 
                      analysis that would otherwise be conducted for an 
                      appointment to a resource advisory committee if 
                      the regional pilot program was not in effect, 
                      including any review and analysis with respect to 
                      civil rights and budgetary requirements.
                          ``(ii) Savings clause.--Nothing in this 
                      paragraph relieves an applicable designee from any 
                      requirement developed by the Secretary concerned 
                      for making an appointment to a resource advisory 
                      committee that is in effect on December 20, 2018, 
                      including any requirement for advertising a 
                      vacancy.
            ``(4) National pilot program.--
                    ``(A) <<NOTE: Nominations.>> In general.--The 
                Secretary concerned shall carry out a national pilot 
                program to allow the Chief of the Forest Service or the 
                Director of the Bureau of Land Management, as 
                applicable, to submit to the Secretary concerned 
                nominations of individuals for appointment as members of 
                resource advisory committees.
                    ``(B) <<NOTE: Deadline.>> Appointment.--Under the 
                national pilot program, subject to subparagraph (C), not 
                later than 30 days after the date on which a nomination 
                is transmitted to the Secretary concerned under 
                subparagraph (A), the Secretary concerned shall--
                          ``(i) appoint the nominee to the applicable 
                      resource advisory committee; or
                          ``(ii) reject the nomination.
                    ``(C) Automatic appointment.--If the Secretary 
                concerned does not act on a nomination in accordance 
                with subparagraph (B) by the date described in that 
                subparagraph, the nominee shall be deemed appointed to 
                the applicable resource advisory committee.
                    ``(D) <<NOTE: Applicability.>>  Geographic 
                limitation.--The national pilot program shall apply to a 
                resource advisory committee chartered in any State other 
                than--
                          ``(i) <<NOTE: Montana.>> the State of Montana; 
                      or
                          ``(ii) <<NOTE: Arizona.>> the State of 
                      Arizona.
                    ``(E) Savings clause.--Nothing in this paragraph 
                relieves the Secretary concerned from any requirement 
                relating to an appointment to a resource advisory 
                committee, including any requirement with respect to 
                civil rights or advertising a vacancy.
            ``(5) Termination of effectiveness.--The authority provided 
        under this subsection terminates on October 1, 2023.
            ``(6) Report to congress.--Not later 180 days after the date 
        described in paragraph (5), the Secretary concerned shall submit 
        to Congress a report that includes--
                    ``(A) with respect to appointments made under the 
                regional pilot program compared to appointments made 
                under the national pilot program, a description of the 
                extent to which--
                          ``(i) appointments were faster or slower; and

[[Page 135 STAT. 1134]]

                          ``(ii) the requirements described in paragraph 
                      (3)(C)(i) differ; and
                    ``(B) <<NOTE: Recommenda- tion.>>  a recommendation 
                with respect to whether Congress should terminate, 
                continue, modify, or expand the pilot programs.''.

    (d) Extension of Authority To Conduct Special Projects on Federal 
Land.--
            (1) Existing advisory committees.--Section 205(a)(4) of the 
        Secure Rural Schools and Community Self-Determination Act of 
        2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``December 
        20, 2021'' each place it appears and inserting ``December 20, 
        2023''.
            (2) Extension of authority.--Section 208 of the Secure Rural 
        Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
        7128) is amended--
                    (A) in subsection (a), by striking ``2022'' and 
                inserting ``2025''; and
                    (B) in subsection (b), by striking ``2023'' and 
                inserting ``2026''.

    (e) Access to Broadband and Other Technology.--Section 302(a) of the 
Secure Rural Schools and Community Self-Determination Act of 2000 (16 
U.S.C. 7142(a)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) to provide or expand access to--
                    ``(A) broadband telecommunications services at local 
                schools; or
                    ``(B) the technology and connectivity necessary for 
                students to use a digital learning tool at or outside of 
                a local school campus.''.

    (f) Extension of Authority To Expend County Funds.--Section 304 of 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7144) is amended--
            (1) in subsection (a), by striking ``2022'' and inserting 
        ``2025''; and
            (2) in subsection (b), by striking ``2023'' and inserting 
        ``2026''.

    (g) Amounts Obligated but Unspent; Prohibition on Use of Funds.--
Title III of the Secure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7141 et seq.) is amended--
            (1) by redesignating section 304 as section 305; and
            (2) by inserting after section 303 the following:
``SEC. 304. <<NOTE: 16 USC 7143a.>>  AMOUNTS OBLIGATED BUT 
                        UNSPENT; PROHIBITION ON USE OF FUNDS.

    ``(a) Amounts Obligated but Unspent.--Any county funds that were 
obligated by the applicable participating county before October 1, 2017, 
but are unspent on October 1, 2020--
            ``(1) may, at the option of the participating county, be 
        deemed to have been reserved by the participating county on 
        October 1, 2020, for expenditure in accordance with this title; 
        and
            ``(2)(A) may be used by the participating county for any 
        authorized use under section 302(a); and

[[Page 135 STAT. 1135]]

            ``(B) <<NOTE: Determination.>> on a determination by the 
        participating county under subparagraph (A) to use the county 
        funds, shall be available for projects initiated after October 
        1, 2020, subject to section 305.

    ``(b) <<NOTE: Effective date. Lobbying.>> Prohibition on Use of 
Funds.--Notwithstanding any other provision of law, effective beginning 
on the date of enactment of the Infrastructure Investment and Jobs Act, 
no county funds made available under this title may be used by any 
participating county for any lobbying activity, regardless of the 
purpose for which the funds are obligated on or before that date.''.

DIVISION E-- <<NOTE: Drinking Water and Wastewater Infrastructure Act of 
2021.>> DRINKING WATER AND WASTEWATER INFRASTRUCTURE
SEC. 50001. <<NOTE: 33 USC 1251 note.>>  SHORT TITLE.

    This division may be cited as the ``Drinking Water and Wastewater 
Infrastructure Act of 2021''.
SEC. 50002. <<NOTE: 42 USC 300j-18a note.>>  DEFINITION OF 
                            ADMINISTRATOR.

    In this division, the term ``Administrator'' means the Administrator 
of the Environmental Protection Agency.

                         TITLE I--DRINKING WATER

SEC. 50101. TECHNICAL ASSISTANCE AND GRANTS FOR EMERGENCIES 
                            AFFECTING PUBLIC WATER SYSTEMS.

    Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j-1) is 
amended--
            (1) in subsection (a), by adding at the end the following:

    ``(11) Compliance Evaluation.--
            ``(A) <<NOTE: Deadline.>> In general.--Not later than 1 year 
        after the date of enactment of this paragraph, the Administrator 
        shall--
                    ``(i) evaluate, based on the compliance data found 
                in the Safe Drinking Water Information System of the 
                Administrator, the compliance of community water systems 
                and wastewater systems with environmental, health, and 
                safety requirements under this title, including water 
                quality sampling, testing, and reporting requirements; 
                and
                    ``(ii) <<NOTE: Reports.>> submit to Congress a 
                report describing trends seen as a result of the 
                evaluation under clause (i), including trends that 
                demonstrate how the characteristics of community water 
                systems and wastewater systems correlate to trends in 
                compliance or noncompliance with the requirements 
                described in that clause.
            ``(B) <<NOTE: Determination.>> Requirement.--To the extent 
        practicable, in carrying out subparagraph (A), the Administrator 
        shall determine whether, in aggregate, community water systems 
        and wastewater systems maintain asset management plans.'';
            (2) in subsection (b), in the first sentence--
                    (A) by inserting ``(including an emergency situation 
                resulting from a cybersecurity event)'' after 
                ``emergency situation''; and
                    (B) by inserting ``, including a threat to public 
                health resulting from contaminants, such as, but not 
                limited to,

[[Page 135 STAT. 1136]]

                heightened exposure to lead in drinking water'' after 
                ``public health'';
            (3) by striking subsection (d) and inserting the following:

    ``(d) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to carry out subsection (b) $35,000,000 
for each of fiscal years 2022 through 2026.'';
            (4) in subsection (e), by striking paragraph (5) and 
        inserting the following:
            ``(5) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Administrator to carry out this subsection $15,000,000 for each 
        of fiscal years 2022 through 2026.'';
            (5) by redesignating subsection (f) as subsection (g); and
            (6) by inserting after subsection (e) the following:

    ``(f) State-based Nonprofit Organizations.--
            ``(1) In general.--The Administrator may provide technical 
        assistance consistent with the authority provided under 
        subsection (e) to State-based nonprofit organizations that are 
        governed by community water systems.
            ``(2) <<NOTE: Consultation.>> Communication.--Each State-
        based nonprofit organization that receives funding under 
        paragraph (1) shall, before using that funding to undertake 
        activities to carry out this subsection, consult with the State 
        in which the assistance is to be expended or otherwise made 
        available.''.
SEC. 50102. DRINKING WATER STATE REVOLVING LOAN FUNDS.

    (a) <<NOTE: Time period.>> Drinking Water State Revolving Funds 
Capitalization Grant Reauthorization.--Section 1452 of the Safe Drinking 
Water Act (42 U.S.C. 300j-12) is amended--
            (1) in subsection (a)(4)(A), by striking ``During fiscal 
        years 2019 through 2023, funds'' and inserting ``Funds'';
            (2) in subsection (m)(1) --
                    (A) in subparagraph (B), by striking ``and'';
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) $2,400,000,000 for fiscal year 2022;
                    ``(E) $2,750,000,000 for fiscal year 2023;
                    ``(F) $3,000,000,000 for fiscal year 2024; and
                    ``(G) $3,250,000,000 for each of fiscal years 2025 
                and 2026.''; and
            (3) in subsection (q), by striking ``2016 through 2021'' and 
        inserting ``2022 through 2026''.

    (b) Assistance for Disadvantaged Communities.--Section 1452(d) of 
the Safe Drinking Water Act (42 U.S.C. 300j-12(d)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Notwithstanding any'' and 
                inserting the following:
                    ``(A) In general.--Notwithstanding any'';
                    (B) in subparagraph (A) (as so designated), by 
                inserting ``, grants, negative interest loans, other 
                loan forgiveness, and through buying, refinancing, or 
                restructuring debt'' after ``forgiveness of principal''; 
                and
                    (C) by adding at the end the following:
                    ``(B) Exclusion.--A loan from a State loan fund with 
                an interest rate equal to or greater than 0 percent 
                shall


[[Page 135 STAT. 1137]]

                not be considered additional subsidization for purposes 
                of this subsection.''; and
            (2) in paragraph (2), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) to the extent that there are sufficient 
                applications for loans to communities described in 
                paragraph (1), may not be less than 12 percent.''.
SEC. 50103. SOURCE WATER PETITION PROGRAM.

    Section 1454 of the Safe Drinking Water Act (42 U.S.C. 300j-14) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(A), in the matter preceding 
                clause (i), by striking ``political subdivision of a 
                State,'' and inserting ``political subdivision of a 
                State (including a county that is designated by the 
                State to act on behalf of an unincorporated area within 
                that county, with the agreement of that unincorporated 
                area),'';
                    (B) in paragraph (4)(D)(i), by inserting 
                ``(including a county that is designated by the State to 
                act on behalf of an unincorporated area within that 
                county)'' after ``of the State''; and
                    (C) by adding at the end the following:
            ``(5) Savings provision.--Unless otherwise provided within 
        the agreement, an agreement between an unincorporated area and a 
        county for the county to submit a petition under paragraph 
        (1)(A) on behalf of the unincorporated area shall not authorize 
        the county to act on behalf of the unincorporated area in any 
        matter not within a program under this section.''; and
            (2) in subsection (e), in the first sentence, by striking 
        ``2021'' and inserting ``2026''.
SEC. 50104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.

    (a) Existing Programs.--Section 1459A of the Safe Drinking Water Act 
(42 U.S.C. 300j-19a) is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) the purchase of point-of-entry or point-of-use 
                filters and filtration systems that are certified by a 
                third party using science-based test methods for the 
                removal of contaminants of concern;
                    ``(E) investments necessary for providing accurate 
                and current information about--
                          ``(i) the need for filtration and filter 
                      safety, including proper use and maintenance 
                      practices; and
                          ``(ii) the options for replacing lead service 
                      lines (as defined in section 1459B(a)) and 
                      removing other sources of lead in water; and
                    ``(F) entering into contracts, including contracts 
                with nonprofit organizations that have water system 
                technical expertise, to assist--
                          ``(i) an eligible entity; or

[[Page 135 STAT. 1138]]

                          ``(ii) the State of an eligible entity, on 
                      behalf of that eligible entity.'';
            (2) in subsection (c), in the matter preceding paragraph 
        (1), by striking ``An eligible entity'' and inserting ``Except 
        for purposes of subsections (j) and (m), an eligible entity'';
            (3) in subsection (g)(1), by striking ``to pay not less than 
        45 percent'' and inserting ``except as provided in subsection 
        (l)(5) and subject to subsection (h), to pay not less than 10 
        percent'';
            (4) by striking subsection (k) and inserting the following:

    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsections (a) through (j)--
            ``(1) $70,000,000 for fiscal year 2022;
            ``(2) $80,000,000 for fiscal year 2023;
            ``(3) $100,000,000 for fiscal year 2024;
            ``(4) $120,000,000 for fiscal year 2025; and
            ``(5) $140,000,000 for fiscal year 2026.''; and
            (5) in subsection (l)--
                    (A) in paragraph (2)--
                          (i) by striking ``The Administrator may'' and 
                      inserting ``The Administrator shall''; and
                          (ii) by striking ``fiscal years 2019 and 
                      2020'' and inserting ``fiscal years 2022 through 
                      2026'';
                    (B) in paragraph (5), by striking ``$4,000,000 for 
                each of fiscal years 2019 and 2020'' and inserting 
                ``$25,000,000 for each of fiscal years 2022 through 
                2026'';
                    (C) by redesignating paragraph (5) as paragraph (6); 
                and
                    (D) by inserting after paragraph (4) the following:
            ``(5) Federal share for small, rural, and disadvantaged 
        communities.--
                    ``(A) In general.--Subject to subparagraph (B), with 
                respect to a program or project that serves an eligible 
                entity and is carried out using a grant under this 
                subsection, the Federal share of the cost of the program 
                or project shall be 90 percent.
                    ``(B) Waiver.--The Administrator may increase the 
                Federal share under subparagraph (A) to 100 percent if 
                the Administrator determines that an eligible entity is 
                unable to pay, or would experience significant financial 
                hardship if required to pay, the non-Federal share.''.

    (b) Connection to Public Water Systems.--Section 1459A of the Safe 
Drinking Water Act (42 U.S.C. 300j-19a) is amended by adding at the end 
the following:
    ``(m) Connection to Public Water Systems.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means--
                          ``(i) an owner or operator of a public water 
                      system that assists or is seeking to assist 
                      eligible individuals with connecting the household 
                      of the eligible individual to the public water 
                      system; or
                          ``(ii) a nonprofit entity that assists or is 
                      seeking to assist eligible individuals with the 
                      costs associated with connecting the household of 
                      the eligible individual to a public water system.

[[Page 135 STAT. 1139]]

                    ``(B) Eligible individual.--The term `eligible 
                individual' has the meaning given the term in section 
                603(j) of the Federal Water Pollution Control Act (33 
                U.S.C. 1383(j)).
                    ``(C) Program.--The term `program' means the 
                competitive grant program established under paragraph 
                (2).
            ``(2) Establishment.--Subject to the availability of 
        appropriations, the Administrator shall establish a competitive 
        grant program for the purpose of improving the general welfare 
        under which the Administrator awards grants to eligible entities 
        to provide funds to assist eligible individuals in covering the 
        costs incurred by the eligible individual in connecting the 
        household of the eligible individual to a public water system.
            ``(3) Application.--An eligible entity seeking a grant under 
        the program shall submit to the Administrator an application at 
        such time, in such manner, and containing such information as 
        the Administrator may require.
            ``(4) <<NOTE: Certification.>>  Voluntary connection.--
        Before providing funds to an eligible individual for the costs 
        described in paragraph (2), an eligible entity shall ensure and 
        certify to the Administrator that--
                    ``(A) the eligible individual is voluntarily seeking 
                connection to the public water system;
                    ``(B) if the eligible entity is not the owner or 
                operator of the public water system to which the 
                eligible individual seeks to connect, the public water 
                system to which the eligible individual seeks to connect 
                has agreed to the connection; and
                    ``(C) the connection of the household of the 
                eligible individual to the public water system meets all 
                applicable local and State regulations, requirements, 
                and codes.
            ``(5) Report.--Not later than 3 years after the date of 
        enactment of this subsection, the Administrator shall submit to 
        Congress a report that describes the implementation of the 
        program, which shall include a description of the use and 
        deployment of amounts made available under the program.
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the program $20,000,000 for each 
        of fiscal years 2022 through 2026.''.

    (c) Competitive Grant Pilot Program.--Section 1459A of the Safe 
Drinking Water Act (42 U.S.C. 300j-19a) (as amended by subsection (b)) 
is amended by adding at the end the following:
    ``(n) State Competitive Grants for Underserved Communities.--
            ``(1) In general.--In addition to amounts authorized to be 
        appropriated under subsection (k), there is authorized to be 
        appropriated to carry out subsections (a) through (j) 
        $50,000,000 for each of fiscal years 2022 through 2026 in 
        accordance with paragraph (2).
            ``(2) Competitive grants.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this section, the Administrator shall 
                distribute amounts made available under paragraph (1) to 
                States through a competitive grant program.
                    ``(B) Applications.--To seek a grant under the 
                competitive grant program under subparagraph (A), a 
                State

[[Page 135 STAT. 1140]]

                shall submit to the Administrator an application at such 
                time, in such manner, and containing such information as 
                the Administrator may require.
                    ``(C) Criteria.--In selecting recipients of grants 
                under the competitive grant program under subparagraph 
                (A), the Administrator shall establish criteria that 
                give priority to States with a high proportion of 
                underserved communities that meet the condition 
                described in subsection (a)(2)(A).
            ``(3) Report.--Not later than 2 years after the date of 
        enactment of this subsection, the Administrator shall submit to 
        Congress a report that describes the implementation of the 
        competitive grant program under paragraph (2)(A), which shall 
        include a description of the use and deployment of amounts made 
        available under the competitive grant program.
            ``(4) Savings provision.--Nothing in this paragraph affects 
        the distribution of amounts made available under subsection (k), 
        including any methods used by the Administrator for distribution 
        of amounts made available under that subsection as in effect on 
        the day before the date of enactment of this subsection.''.
SEC. 50105. REDUCING LEAD IN DRINKING WATER.

    Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking subparagraph (D) 
                and inserting the following:
                    ``(D) a qualified nonprofit organization with 
                experience in lead reduction, as determined by the 
                Administrator; and'';
                    (B) in paragraph (2)(A)--
                          (i) in clause (i), by striking ``publicly 
                      owned''; and
                          (ii) by striking clause (iii) and inserting 
                      the following:
                          ``(iii) providing assistance to eligible 
                      entities to replace lead service lines, with 
                      priority for disadvantaged communities based on 
                      the affordability criteria established by the 
                      applicable State under section 1452(d)(3), low-
                      income homeowners, and landlords or property 
                      owners providing housing to low-income renters.''; 
                      and
                    (C) in paragraph (3), by striking ``an individual 
                provided'';
            (2) in subsection (b)--
                    (A) in paragraph (5)--
                          (i) in subparagraph (A), by striking ``to 
                      provide assistance'' and all that follows through 
                      the period at the end and inserting ``to replace 
                      lead service lines, with first priority given to 
                      assisting disadvantaged communities based on the 
                      affordability criteria established by the 
                      applicable State under section 1452(d)(3), low-
                      income homeowners, and landlords or property 
                      owners providing housing to low-income renters.''; 
                      and
                          (ii) in subparagraph (B), by striking ``line'' 
                      and inserting ``lines''; and
                    (B) in paragraph (6)--

[[Page 135 STAT. 1141]]

                          (i) in subparagraph (A), by striking ``any 
                      publicly owned portion of'';
                          (ii) in subparagraph (C), in the matter 
                      preceding clause (i)--
                                    (I) by striking ``may'' and 
                                inserting ``shall'';
                                    (II) by inserting ``and may, for 
                                other homeowners,'' after ``low-income 
                                homeowner,''; and
                                    (III) by striking ``a cost that'' 
                                and all that follows through the 
                                semicolon at the end of clause (ii) and 
                                inserting ``no cost to the homeowner;'';
                          (iii) in subparagraph (D), by striking ``and'' 
                      at the end;
                          (iv) in subparagraph (E), by striking ``other 
                      options'' and all that follows through the period 
                      at the end and inserting ``feasible alternatives 
                      for reducing the concentration of lead in drinking 
                      water, such as corrosion control; and''; and
                          (v) by adding at the end the following:
                    ``(F) shall notify the State of any planned 
                replacement of lead service lines under this program and 
                coordinate, where practicable, with other relevant 
                infrastructure projects.'';
            (3) in subsection (d)--
                    (A) by inserting ``(except for subsection (d))'' 
                after ``this section''; and
                    (B) by striking ``$60,000,000 for each of fiscal 
                years 2017 through 2021'' and inserting ``$100,000,000 
                for each of fiscal years 2022 through 2026'';
            (4) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (5) by inserting after subsection (c) the following:

    ``(d) Lead Inventorying Utilization Grant Pilot Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means a municipality that is served by a community water 
                system or a nontransient noncommunity water system in 
                which not less than 30 percent of the service lines are 
                known, or suspected, to contain lead, based on available 
                data, information, or resources, including existing lead 
                inventorying.
                    ``(B) Pilot program.--The term `pilot program' means 
                the pilot program established under paragraph (2).
            ``(2) Establishment.--The Administrator shall establish a 
        pilot program under which the Administrator shall provide grants 
        to eligible entities to carry out lead reduction projects that 
        are demonstrated to exist or are suspected to exist, based on 
        available data, information, or resources, including existing 
        lead inventorying of those eligible entities.
            ``(3) Selection.--
                    ``(A) Application.--To be eligible to receive a 
                grant under the pilot program, an eligible entity shall 
                submit to the Administrator an application at such time, 
                in such manner, and containing such information as the 
                Administrator may require.
                    ``(B) Prioritization.--In selecting recipients under 
                the pilot program, the Administrator shall give priority 
                to--

[[Page 135 STAT. 1142]]

                          ``(i) an eligible entity that meets the 
                      affordability criteria of the applicable State 
                      established under section 1452(d)(3); and
                          ``(ii) an eligible entity that is located in 
                      an area other than a State that has established 
                      affordability criteria under section 1452(d)(3).
            ``(4) Report.--Not later 2 years after the Administrator 
        first awards a grant under the pilot program, the Administrator 
        shall submit to the Committee on Environment and Public Works of 
        the Senate and the Committee on Energy and Commerce of the House 
        of Representatives a report describing--
                    ``(A) the recipients of grants under the pilot 
                program;
                    ``(B) the existing lead inventorying that was 
                available to recipients of grants under the pilot 
                program; and
                    ``(C) how useful and accurate the lead inventorying 
                described in subparagraph (B) was in locating lead 
                service lines of the eligible entity.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the pilot program $10,000,000, 
        to remain available until expended.''.
SEC. 50106. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER 
                            SYSTEMS.

    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is 
amended by adding at the end the following:
``SEC. 1459E. <<NOTE: 42 USC 300j-19f.>>  OPERATIONAL 
                            SUSTAINABILITY OF SMALL PUBLIC WATER 
                            SYSTEMS.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State;
                    ``(B) a unit of local government;
                    ``(C) a public corporation established by a unit of 
                local government to provide water service;
                    ``(D) a nonprofit corporation, public trust, or 
                cooperative association that owns or operates a public 
                water system;
                    ``(E) an Indian Tribe that owns or operates a public 
                water system;
                    ``(F) a nonprofit organization that provides 
                technical assistance to public water systems; and
                    ``(G) a Tribal consortium.
            ``(2) Operational sustainability.--The term `operational 
        sustainability' means the ability to improve the operation of a 
        small system through the identification and prevention of 
        potable water loss due to leaks, breaks, and other metering or 
        infrastructure failures.
            ``(3) Program.--The term `program' means the grant program 
        established under subsection (b).
            ``(4) Small system.--The term `small system', for the 
        purposes of this section, means a public water system that--
                    ``(A) serves fewer than 10,000 people; and
                    ``(B) is owned or operated by--
                          ``(i) a unit of local government;
                          ``(ii) a public corporation;
                          ``(iii) a nonprofit corporation;
                          ``(iv) a public trust;
                          ``(v) a cooperative association; or
                          ``(vi) an Indian Tribe.

[[Page 135 STAT. 1143]]

    ``(b) Establishment.--Subject to the availability of appropriations, 
the Administrator shall establish a program to award grants to eligible 
entities for the purpose of improving the operational sustainability of 
1 or more small systems.
    ``(c) Applications.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Administrator an 
application at such time, in such manner, and containing such 
information as the Administrator may require, including--
            ``(1) <<NOTE: Proposal.>>  a proposal of the project to be 
        carried out using grant funds under the program;
            ``(2) documentation provided by the eligible entity 
        describing the deficiencies or suspected deficiencies in 
        operational sustainability of 1 or more small systems that are 
        to be addressed through the proposed project;
            ``(3) a description of how the proposed project will improve 
        the operational sustainability of 1 or more small systems;
            ``(4) <<NOTE: Plan.>>  a description of how the improvements 
        described in paragraph (3) will be maintained beyond the life of 
        the proposed project, including a plan to maintain and update 
        any asset data collected as a result of the proposed project; 
        and
            ``(5) any additional information the Administrator may 
        require.

    ``(d) <<NOTE: Records. Contracts.>>  Additional Required 
Information.--Before the award of funds for a grant under the program to 
a grant recipient, the grant recipient shall submit to the 
Administrator--
            ``(1) if the grant recipient is located in a State that has 
        established a State drinking water treatment revolving loan fund 
        under section 1452, a copy of a written agreement between the 
        grant recipient and the State in which the grant recipient 
        agrees to provide a copy of any data collected under the 
        proposed project to the State agency administering the State 
        drinking water treatment revolving loan fund (or a designee); or
            ``(2) if the grant recipient is located in an area other 
        than a State that has established a State drinking water 
        treatment revolving loan fund under section 1452, a copy of a 
        written agreement between the grant recipient and the 
        Administrator in which the eligible entity agrees to provide a 
        copy of any data collected under the proposed project to the 
        Administrator (or a designee).

    ``(e) Use of Funds.--An eligible entity that receives a grant under 
the program shall use the grant funds to carry out projects that improve 
the operational sustainability of 1 or more small systems through--
            ``(1) the development of a detailed asset inventory, which 
        may include drinking water sources, wells, storage, valves, 
        treatment systems, distribution lines, hydrants, pumps, 
        controls, and other essential infrastructure;
            ``(2) the development of an infrastructure asset map, 
        including a map that uses technology such as--
                    ``(A) geographic information system software; and
                    ``(B) global positioning system software;
            ``(3) the deployment of leak detection technology;
            ``(4) the deployment of metering technology;
            ``(5) training in asset management strategies, techniques, 
        and technologies for appropriate staff employed by--
                    ``(A) the eligible entity; or

[[Page 135 STAT. 1144]]

                    ``(B) the small systems for which the grant was 
                received;
            ``(6) the deployment of strategies, techniques, and 
        technologies to enhance the operational sustainability and 
        effective use of water resources through water reuse; and
            ``(7) the development or deployment of other strategies, 
        techniques, or technologies that the Administrator may determine 
        to be appropriate under the program.

    ``(f) Cost Share.--
            ``(1) In general.--Subject to paragraph (2), the Federal 
        share of the cost of a project carried out using a grant under 
        the program shall be 90 percent of the total cost of the 
        project.
            ``(2) Waiver.--The Administrator may increase the Federal 
        share under paragraph (1) to 100 percent.

    ``(g) Report.--Not later than 2 years after the date of enactment of 
this section, the Administrator shall submit to Congress a report that 
describes the implementation of the program, which shall include a 
description of the use and deployment of amounts made available under 
the program.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2022 through 2026.''.
SEC. 50107. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE 
                            RESILIENCE AND SUSTAINABILITY PROGRAM.

    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as 
amended by section 50106) is amended by adding at the end the following:
``SEC. 1459F. <<NOTE: 42 USC 300j-19g.>>  MIDSIZE AND LARGE 
                            DRINKING WATER SYSTEM INFRASTRUCTURE 
                            RESILIENCE AND SUSTAINABILITY PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means a 
        public water system that serves a community with a population of 
        10,000 or more.
            ``(2) Natural hazard; resilience.--The terms `resilience' 
        and `natural hazard' have the meanings given those terms in 
        section 1433(h).
            ``(3) Resilience and sustainability program.--The term 
        `resilience and sustainability program' means the Midsize and 
        Large Drinking Water System Infrastructure Resilience and 
        Sustainability Program established under subsection (b).

    ``(b) <<NOTE: Grants.>> Establishment.--The Administrator shall 
establish and carry out a program, to be known as the `Midsize and Large 
Drinking Water System Infrastructure Resilience and Sustainability 
Program', under which the Administrator, subject to the availability of 
appropriations for the resilience and sustainability program, shall 
award grants to eligible entities for the purpose of--
            ``(1) increasing resilience to natural hazards and extreme 
        weather events; and
            ``(2) reducing cybersecurity vulnerabilities.

    ``(c) Use of Funds.--An eligible entity may only use grant funds 
received under the resilience and sustainability program to

[[Page 135 STAT. 1145]]

assist in the planning, design, construction, implementation, operation, 
or maintenance of a program or project that increases resilience to 
natural hazards and extreme weather events, or reduces cybersecurity 
vulnerabilities, through--
            ``(1) the conservation of water or the enhancement of water-
        use efficiency;
            ``(2) the modification or relocation of existing drinking 
        water system infrastructure made, or that is at risk of being, 
        significantly impaired by natural hazards or extreme weather 
        events, including risks to drinking water from flooding;
            ``(3) the design or construction of new or modified 
        desalination facilities to serve existing communities;
            ``(4) the enhancement of water supply through the use of 
        watershed management and source water protection;
            ``(5) the enhancement of energy efficiency or the use and 
        generation of renewable energy in the conveyance or treatment of 
        drinking water;
            ``(6) the development and implementation of measures--
                    ``(A) to increase the resilience of the eligible 
                entity to natural hazards and extreme weather events; or
                    ``(B) to reduce cybersecurity vulnerabilities;
            ``(7) the conservation of water or the enhancement of a 
        water supply through the implementation of water reuse measures; 
        or
            ``(8) the formation of regional water partnerships to 
        collaboratively address documented water shortages.

    ``(d) Application.--To seek a grant under the resilience and 
sustainability program, an eligible entity shall submit to the 
Administrator an application at such time, in such manner, and 
containing such information as the Administrator may require, 
including--
            ``(1) <<NOTE: Proposal.>> a proposal of the program or 
        project to be planned, designed, constructed, implemented, 
        operated, or maintained by the eligible entity;
            ``(2) an identification of the natural hazard risks, extreme 
        weather events, or potential cybersecurity vulnerabilities, as 
        applicable, to be addressed by the proposed program or project;
            ``(3) documentation prepared by a Federal, State, regional, 
        or local government agency of the natural hazard risk, potential 
        cybersecurity vulnerability, or risk for extreme weather events 
        to the area where the proposed program or project is to be 
        located;
            ``(4) a description of any recent natural hazards, 
        cybersecurity events, or extreme weather events that have 
        affected the community water system of the eligible entity;
            ``(5) a description of how the proposed program or project 
        would improve the performance of the community water system of 
        the eligible entity under the anticipated natural hazards, 
        cybersecurity vulnerabilities, or extreme weather events; and
            ``(6) an explanation of how the proposed program or project 
        is expected--
                    ``(A) to enhance the resilience of the community 
                water system of the eligible entity to the anticipated 
                natural hazards or extreme weather events; or
                    ``(B) to reduce cybersecurity vulnerabilities.

    ``(e) Report.--Not later than 2 years after the date of enactment of 
this section, the Administrator shall submit to Congress a report

[[Page 135 STAT. 1146]]

that describes the implementation of the resilience and sustainability 
program, which shall include a description of the use and deployment of 
amounts made available to carry out the resilience and sustainability 
program.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        carry out the resilience and sustainability program $50,000,000 
        for each of fiscal years 2022 through 2026.
            ``(2) Use of funds.--Of the amounts made available under 
        paragraph (1) for grants to eligible entities under the 
        resilience and sustainability program--
                    ``(A) 50 percent shall be used to provide grants to 
                eligible entities that serve a population of--
                          ``(i) equal to or greater than 10,000; and
                          ``(ii) fewer than 100,000; and
                    ``(B) 50 percent shall be used to provide grants to 
                eligible entities that serve a population equal to or 
                greater than 100,000.
            ``(3) Administrative costs.--Of the amounts made available 
        under paragraph (1), not more than 2 percent may be used by the 
        Administrator for the administrative costs of carrying out the 
        resilience and sustainability program.''.
SEC. 50108. <<NOTE: 42 USC 300j-19a note.>>  NEEDS ASSESSMENT FOR 
                            NATIONWIDE RURAL AND URBAN LOW-INCOME 
                            COMMUNITY WATER ASSISTANCE.

    (a) Definitions.--In this section and section 50109:
            (1) Community water system.--The term ``community water 
        system'' has the meaning given the term in section 1401 of the 
        Safe Drinking Water Act (42 U.S.C. 300f).
            (2) Large water service provider.--The term ``large water 
        service provider'' means a community water system, treatment 
        works, or municipal separate storm sewer system that serves more 
        than 100,000 people.
            (3) Medium water service provider.--The term ``medium water 
        service provider'' means a community water system, treatment 
        works, or municipal separate storm sewer system that serves more 
        than 10,000 people and not more than 100,000 people.
            (4) Need.--The term ``need'', with respect to a qualifying 
        household, means the expenditure of a disproportionate amount of 
        household income on access to public drinking water or 
        wastewater services.
            (5) Qualifying household.--The term ``qualifying household'' 
        means a household that--
                    (A) includes an individual who is--
                          (i) the holder of an account for drinking 
                      water or wastewater service that is provided to 
                      that household by a large water service provider, 
                      a medium water service provider, or a rural water 
                      service provider; or
                          (ii) separately billed by a landlord that 
                      holds an account with a large water service 
                      provider, a medium water service provider, or a 
                      rural water service provider for the cost of 
                      drinking water or wastewater service provided to 
                      that household by the respective large water 
                      service provider, medium water service provider, 
                      or rural water service provider; and

[[Page 135 STAT. 1147]]

                    (B) is determined--
                          (i) by a large water service provider, a 
                      medium water service provider, or a rural water 
                      service provider to be eligible for assistance 
                      through a low-income ratepayer assistance program;
                          (ii) by the Governor of the State in which the 
                      household is located to be low-income, based on 
                      the affordability criteria established by the 
                      State under section 1452(d)(3) of the Safe 
                      Drinking Water Act (42 U.S.C. 300j-12(d)(3));
                          (iii) by the Administrator to experience 
                      drinking water and wastewater service costs that 
                      exceed the metrics of affordability established in 
                      the most recent guidance of the Administrator 
                      entitled ``Financial Capability Assessment 
                      Guidance''; or
                          (iv) in the case of a household serviced by a 
                      rural water service provider, by the State in 
                      which the household is located to have an annual 
                      income that does not exceed the greater of--
                                    (I) an amount equal to 150 percent 
                                of the poverty level of that State; and
                                    (II) an amount equal to 60 percent 
                                of the State median income for that 
                                State.
            (6) Rural water service provider.--The term ``rural water 
        service provider'' means a community water system, treatment 
        works, or municipal separate storm sewer system that serves not 
        more than 10,000 people.
            (7) Treatment works.--The term ``treatment works'' has the 
        meaning given the term in section 212 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1292).

    (b) Study; Report.--
            (1) In general.--The Administrator shall conduct, and submit 
        to Congress a report describing the results of, a study that 
        examines the prevalence throughout the United States of 
        municipalities, public entities, or Tribal governments that--
                    (A) are serviced by rural water service providers, 
                medium water service providers, or large water service 
                providers that service a disproportionate percentage, as 
                determined by the Administrator, of qualifying 
                households with need; or
                    (B) <<NOTE: Determination.>>  as determined by the 
                Administrator, have taken on an unsustainable level of 
                debt due to customer nonpayment for the services 
                provided by a large water service provider, a medium 
                water service provider, or a rural water service 
                provider.
            (2) Affordability inclusions.--The report under paragraph 
        (1) shall include--
                    (A) a definition of the term ``affordable access to 
                water services'';
                    (B) a description of the criteria used in defining 
                ``affordable access to water services'' under 
                subparagraph (A);
                    (C) a definition of the term ``lack of affordable 
                access to water services'';
                    (D) a description of the methodology and criteria 
                used in defining ``lack of affordable access to water 
                services'' under subparagraph (C);

[[Page 135 STAT. 1148]]

                    (E) <<NOTE: Determination.>>  a determination of the 
                prevalence of a lack of affordable access to water 
                services, as defined under subparagraph (C);
                    (F) <<NOTE: Criteria.>>  the methodology and 
                criteria used to determine the prevalence of a lack of 
                affordable access to water services under subparagraph 
                (E);
                    (G) any additional information with respect to the 
                affordable access to water services, as defined under 
                subparagraph (A), provided by rural water service 
                providers, medium water service providers, and large 
                water service providers;
                    (H) <<NOTE: Consultation.>>  with respect to the 
                development of the report, a consultation with all 
                relevant stakeholders, including rural advocacy 
                associations;
                    (I) <<NOTE: Recommenda- tions.>>  recommendations of 
                the Administrator regarding the best methods to reduce 
                the prevalence of a lack of affordable access to water 
                services, as defined under subparagraph (C); and
                    (J) a description of the cost of each method 
                described in subparagraph (I).
            (3) <<NOTE: Contracts.>>  Agreements.--The Administrator may 
        enter into an agreement with another Federal agency to carry out 
        the study under paragraph (1).
SEC. 50109. RURAL AND LOW-INCOME WATER ASSISTANCE PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a municipality, Tribal government, or other 
                entity that--
                          (i) owns or operates a community water system, 
                      treatment works, or municipal separate storm sewer 
                      system; or
                          (ii) as determined by the Administrator, has 
                      taken on an unsustainable level of debt due to 
                      customer nonpayment for the services provided by a 
                      community water system, treatment works, or 
                      municipal separate storm sewer system; and
                    (B) a State exercising primary enforcement 
                responsibility over a rural water service provider under 
                the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.), as applicable.
            (2) Pilot program.--The term ``pilot program'' means the 
        pilot program established by the Administrator under subsection 
        (b)(1).
            (3) Water services needs assessment.--The term ``water 
        services needs assessment'' means the report required under 
        section 50108(b)(1).

    (b) Establishment.--
            (1) <<NOTE: Grants.>> In general.--Not later than 2 years 
        after the date of enactment of this Act, the Administrator shall 
        establish a pilot program to award grants to eligible entities 
        to develop and implement programs to assist qualifying 
        households with need in maintaining access to drinking water and 
        wastewater treatment.

[[Page 135 STAT. 1149]]

            (2) Requirement.--In establishing the pilot program, the 
        Administrator shall ensure that data from the water services 
        needs assessment directly contributes to the structure of the 
        pilot program by informing the types of assistance and criteria 
        used for priority consideration with the demonstrated need from 
        the study conducted under section 50108(b)(1) and the water 
        services needs assessment.
            (3) Use of funds limitations.--A grant under the pilot 
        program--
                    (A) shall not be used to replace funds for any 
                existing similar program; but
                    (B) may be used to supplement or enhance an existing 
                program, including a program that receives assistance 
                from other Federal grants.
            (4) Term.--The term of a grant awarded under the pilot 
        program shall be subject to the availability of appropriations.
            (5) Types of assistance.--In establishing the pilot program, 
        the Administrator may include provisions for--
                    (A) direct financial assistance;
                    (B) a lifeline rate;
                    (C) bill discounting;
                    (D) special hardship provisions;
                    (E) a percentage-of-income payment plan; or
                    (F) debt relief for the eligible entity or the 
                community water system owned by the eligible entity for 
                debt that is due to customer nonpayment for the services 
                provided by the eligible entity or the community water 
                system that is determined by the Administrator to be in 
                the interest of public health.
            (6) Requirement.--The Administrator shall award not more 
        than 40 grants under the pilot program, of which--
                    (A) not more than 8 shall be to eligible entities 
                that own, operate, or exercise primary enforcement 
                responsibility over a rural water service provider under 
                the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.), as applicable;
                    (B) not more than 8 shall be to eligible entities 
                that own or operate a medium water service provider;
                    (C) not more than 8 shall be to eligible entities 
                that own or operate a large water service provider that 
                serves not more than 500,000 people;
                    (D) not more than 8 shall be to eligible entities 
                that own or operate a large water service provider that 
                serves more than 500,000 people; and
                    (E) not more than 8 shall be to eligible entities 
                that own or operate a community water system, treatment 
                works, or municipal separate storm sewer system that 
                services a disadvantaged community (consistent with the 
                affordability criteria established by the applicable 
                State under section 1452(d)(3) of the Safe Drinking 
                Water Act (42 U.S.C. 300j-12(d)(3)) or section 603(i)(2) 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1383(i)(2)), as applicable).
            (7) Criteria.--In addition to any priority criteria 
        established by the Administrator in response to the findings in 
        the water services needs assessment, in awarding grants under

[[Page 135 STAT. 1150]]

        the pilot program, the Administrator shall give priority 
        consideration to eligible entities that--
                    (A) serve a disproportionate percentage, as 
                determined by the Administrator, of qualifying 
                households with need, as identified in the water 
                services needs assessment;
                    (B) are subject to State or Federal enforcement 
                actions relating to compliance with the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.) or the 
                Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
                    (C) maintain or participate in an existing community 
                assistance program with objectives similar to the 
                objectives of the pilot program, as determined by the 
                Administrator.
            (8) Reporting requirements.--
                    (A) <<NOTE: Summary. Determination.>>  In general.--
                In addition to any other applicable Federal or agency-
                specific grant reporting requirements, as a condition of 
                receiving a grant under the pilot program, an eligible 
                entity (or a State, on behalf of an eligible entity) 
                shall submit to the Administrator an annual report that 
                summarizes, in a manner determined by the Administrator, 
                the use of grant funds by the eligible entity, 
                including--
                          (i) key features of the assistance provided by 
                      the eligible entity;
                          (ii) sources of funding used to supplement 
                      Federal funds; and
                          (iii) eligibility criteria.
                    (B) Publication.--The Administrator shall publish 
                each report submitted under subparagraph (A).

    (c) Technical Assistance.--The Administrator shall provide technical 
assistance to each eligible entity, and each State, on behalf of an 
eligible entity, that receives a grant under the pilot program to 
support implementation of the program.
    (d) Report.--Not later than 2 years after the date on which grant 
funds are first disbursed to an eligible entity (or a State, on behalf 
of an eligible entity) under the program, and every year thereafter for 
the duration of the terms of the grants, the Administrator shall submit 
to Congress a report on the results of the pilot program.
SEC. 50110. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.

    Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is 
amended--
            (1) in subsection (b)--
                    (A) in the first sentence, by inserting ``public 
                water systems and'' after ``to assist''; and
                    (B) in the third sentence, by inserting ``public 
                water systems,'' after ``schools,''; and
            (2) in subsection (d)--
                    (A) in the subsection heading, by inserting ``and 
                Reduction'' after ``Lead Testing'';
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``the 
                      Administrator'' and all that follows through the 
                      period at the end and inserting the following: 
                      ``the Administrator shall establish a voluntary 
                      school and child care program lead testing, 
                      compliance monitoring, and lead reduction grant 
                      program to make grants available to--

[[Page 135 STAT. 1151]]

                          ``(i) States to assist local educational 
                      agencies, public water systems that serve schools 
                      and child care programs under the jurisdiction of 
                      those local educational agencies, and qualified 
                      nonprofit organizations in voluntary testing or 
                      compliance monitoring for and remediation of lead 
                      contamination in drinking water at schools and 
                      child care programs under the jurisdiction of 
                      those local educational agencies; and
                          ``(ii) tribal consortia to assist tribal 
                      education agencies (as defined in section 3 of the 
                      National Environmental Education Act (20 U.S.C. 
                      5502)), public water systems that serve schools 
                      and child care programs under the jurisdiction of 
                      those tribal education agencies, and qualified 
                      nonprofit organizations in voluntary testing or 
                      compliance monitoring for and remediation of lead 
                      contamination in drinking water at schools and 
                      child care programs under the jurisdiction of 
                      those tribal education agencies.''; and
                          (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``or compliance 
                                monitoring for or remediation of lead 
                                contamination'' after ``voluntary 
                                testing'';
                                    (II) in clause (i), by striking 
                                ``or'' at the end;
                                    (III) in clause (ii), by striking 
                                the period at the end and inserting a 
                                semicolon; and
                                    (IV) by adding at the end the 
                                following:
                          ``(iii) any public water system that is 
                      located in a State that does not participate in 
                      the voluntary grant program established under 
                      subparagraph (A) that--
                                    ``(I) assists schools or child care 
                                programs in lead testing;
                                    ``(II) assists schools or child care 
                                programs with compliance monitoring;
                                    ``(III) assists schools with 
                                carrying out projects to remediate lead 
                                contamination in drinking water; or
                                    ``(IV) provides technical assistance 
                                to schools or child care programs in 
                                carrying out lead testing; or
                          ``(iv) a qualified nonprofit organization, as 
                      determined by the Administrator.'';
                    (C) in paragraphs (3), (5), (6), and (7), by 
                striking ``State or local educational agency'' each 
                place it appears and inserting ``State, local 
                educational agency, public water system, tribal 
                consortium, or qualified nonprofit organization'';
                    (D) in paragraph (4)--
                          (i) by striking ``States and local educational 
                      agencies'' and inserting ``States, local 
                      educational agencies, public water systems, tribal 
                      consortia, and qualified nonprofit 
                      organizations''; and
                          (ii) by inserting ``or the remediation of'' 
                      after ``testing for'';
                    (E) in paragraph (6)--
                          (i) in the matter preceding subparagraph (A)--

[[Page 135 STAT. 1152]]

                                    (I) by striking ``State or local 
                                educational agency'' and inserting 
                                ``State, local educational agency, 
                                public water system, tribal consortium, 
                                or qualified nonprofit agency''; and
                                    (II) by inserting ``, public water 
                                system, tribal consortium, or qualified 
                                nonprofit organization'' after ``each 
                                local educational agency'';
                          (ii) in subparagraph (A)(ii)--
                                    (I) by inserting ``or tribal'' after 
                                ``applicable State''; and
                                    (II) by striking ``reducing lead'' 
                                and inserting ``voluntary testing or 
                                compliance monitoring for and 
                                remediation of lead contamination''; and
                          (iii) in subparagraph (B)(i), by inserting 
                      ``applicable'' before ``local educational 
                      agency'';
                    (F) in paragraph (7), by striking ``testing for'' 
                and inserting ``testing or compliance monitoring for or 
                remediation of''; and
                    (G) by striking paragraph (8) and inserting the 
                following:
            ``(8) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection--
                    ``(A) $30,000,000 for fiscal year 2022;
                    ``(B) $35,000,000 for fiscal year 2023;
                    ``(C) $40,000,000 for fiscal year 2024;
                    ``(D) $45,000,000 for fiscal year 2025; and
                    ``(E) $50,000,000 for fiscal year 2026.''.
SEC. 50111. INDIAN RESERVATION DRINKING WATER PROGRAM.

    Section 2001 of the America's Water Infrastructure Act of 2018 (42 
U.S.C. 300j-3c note; Public Law 115-270) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Subject to the availability of 
                appropriations, the Administrator of the Environmental 
                Protection Agency'' and inserting ``The Administrator of 
                the Environmental Protection Agency (referred to in this 
                section as the `Administrator')''; and
                    (B) by striking ``to implement'' in the matter 
                preceding paragraph (1) and all that follows through the 
                period at the end of paragraph (2) and inserting ``to 
                implement eligible projects described in subsection 
                (b).'';
            (2) in subsection (b), by striking paragraph (2) and 
        inserting the following:
            ``(2) that will--
                    ``(A) improve water quality, water pressure, or 
                water services through means such as connecting to, 
                expanding, repairing, improving, or obtaining water from 
                a public water system (as defined in section 1401 of the 
                Safe Drinking Water Act (42 U.S.C. 300f)); or
                    ``(B) improve water quality or sanitation or 
                wastewater services at a treatment works (as defined in 
                section 212 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1292)).'';
            (3) by redesignating subsection (d) as subsection (g);
            (4) by striking subsection (c) and inserting the following:

    ``(c) Required Projects.--

[[Page 135 STAT. 1153]]

            ``(1) In general.--If sufficient projects exist, of the 
        funds made available to carry out this section, the 
        Administrator shall use 50 percent to carry out--
                    ``(A) 10 eligible projects described in subsection 
                (b) that are within the Upper Missouri River Basin;
                    ``(B) 10 eligible projects described in subsection 
                (b) that are within the Upper Rio Grande Basin;
                    ``(C) 10 eligible projects described in subsection 
                (b) that are within the Columbia River Basin;
                    ``(D) 10 eligible projects described in subsection 
                (b) that are within the Lower Colorado River Basin; and
                    ``(E) 10 eligible projects described in subsection 
                (b) that are within the Arkansas-White-Red River Basin.
            ``(2) Requirement.--In carrying out paragraph (1)(A), the 
        Administrator shall select not fewer than 2 eligible projects 
        for a reservation that serves more than 1 federally recognized 
        Indian Tribe.

    ``(d) Priority.--In selecting projects to carry out under this 
section, the Administrator shall give priority to projects that--
            ``(1) respond to emergency situations occurring due to or 
        resulting in a lack of access to clean drinking water that 
        threatens the health of Tribal populations;
            ``(2) would serve a Tribal population that would qualify as 
        a disadvantaged community based on the affordability criteria 
        established by the applicable State under section 1452(d)(3) of 
        the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(3)); or
            ``(3) would address the underlying factors contributing to--
                    ``(A) an enforcement action commenced pursuant to 
                the Safe Drinking Water Act (42 U.S.C. 300f et seq.) 
                against the applicable public water system (as defined 
                in section 1401 of that Act (42 U.S.C. 300f)) as of the 
                date of enactment of this subparagraph; or
                    ``(B) an enforcement action commenced pursuant to 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.) against the applicable treatment works (as 
                defined in section 212 of that Act (33 U.S.C. 1292)) as 
                of the date of enactment of this subparagraph.

    ``(e) Federal Share.--The Federal share of the cost of a project 
carried out under this section shall be 100 percent.
    ``(f) Report.--Not later than 2 years after the date of enactment of 
this subsection, the Administrator shall submit to Congress a report 
that describes the implementation of the program established under 
subsection (a), which shall include a description of the use and 
deployment of amounts made available under that program.''; and
            (5) in subsection (g) (as so redesignated)--
                    (A) by striking ``There is'' and inserting ``There 
                are'';
                    (B) by striking ``subsection (a) $20,000,000'' and 
                inserting the following: ``subsection (a)--
            ``(1) $20,000,000'';
                    (C) in paragraph (1) (as so designated), by striking 
                ``2022.'' and inserting ``2021; and''; and
                    (D) by adding at the end the following:
            ``(2) $50,000,000 for each of fiscal years 2022 through 
        2026.''.

[[Page 135 STAT. 1154]]

SEC. 50112. ADVANCED DRINKING WATER TECHNOLOGIES.

    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as 
amended by section 50107) is amended by adding at the end the following:
``SEC. 1459G. <<NOTE: 42 USC 300j-19h.>>  ADVANCED DRINKING WATER 
                            TECHNOLOGIES.

    ``(a) Study.--
            ``(1) In general.--Subject to the availability of 
        appropriations, not later than 1 year after the date of 
        enactment of this section, the Administrator shall carry out a 
        study that examines the state of existing and potential future 
        technology, including technology that could address 
        cybersecurity vulnerabilities, that enhances or could enhance 
        the treatment, monitoring, affordability, efficiency, and safety 
        of drinking water provided by a public water system.
            ``(2) Report.--The Administrator shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Energy and Commerce of the House of Representatives 
        a report that describes the results of the study under paragraph 
        (1).

    ``(b) Advanced Drinking Water Technology Grant Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means the owner or operator of a public water system 
                that--
                          ``(i) serves--
                                    ``(I) a population of not more than 
                                100,000 people; or
                                    ``(II) a community described in 
                                section 1459A(c)(2);
                          ``(ii) has plans to identify or has identified 
                      opportunities in the operations of the public 
                      water system to employ new, existing, or emerging, 
                      yet proven, technologies, including technology 
                      that could address cybersecurity vulnerabilities, 
                      as determined by the Administrator, that enhance 
                      treatment, monitoring, affordability, efficiency, 
                      or safety of the drinking water provided by the 
                      public water system, including technologies not 
                      identified in the study conducted under subsection 
                      (a)(1); and
                          ``(iii) has expressed an interest in the 
                      opportunities in the operation of the public water 
                      system to employ new, existing, or emerging, yet 
                      proven, technologies, including technology that 
                      could address cybersecurity vulnerabilities, as 
                      determined by the Administrator, that enhance 
                      treatment, monitoring, affordability, efficiency, 
                      or safety of the drinking water provided by the 
                      public water system, including technologies not 
                      identified in the study conducted under subsection 
                      (a)(1).
                    ``(B) Program.--The term `program' means the 
                competitive grant program established under paragraph 
                (2).
            ``(2) Establishment.--The Administrator shall establish a 
        competitive grant program under which the Administrator

[[Page 135 STAT. 1155]]

        shall award grants to eligible entities for the purpose of 
        identifying, deploying, or identifying and deploying 
        technologies described in paragraph (1)(A)(ii).
            ``(3) Requirements.--
                    ``(A) Applications.--To be eligible to receive a 
                grant under the program, an eligible entity shall submit 
                to the Administrator an application at such time, in 
                such manner, and containing such information as the 
                Administrator may require.
                    ``(B) Federal share.--
                          ``(i) In general.--Subject to clause (ii), the 
                      Federal share of the cost of a project carried out 
                      using a grant under the program shall not exceed 
                      90 percent of the total cost of the project.
                          ``(ii) Waiver.--The Administrator may increase 
                      the Federal share under clause (i) to 100 percent 
                      if the Administrator determines that an eligible 
                      entity is unable to pay, or would experience 
                      significant financial hardship if required to pay, 
                      the non-Federal share.
            ``(4) Report.--Not later than 2 years after the date on 
        which the Administrator first awards a grant under the program, 
        and annually thereafter, the Administrator shall submit to 
        Congress a report describing--
                    ``(A) <<NOTE: Time period.>> each recipient of a 
                grant under the program during the previous 1-year 
                period; and
                    ``(B) <<NOTE: Summary.>>  a summary of the 
                activities carried out using grants awarded under the 
                program.
            ``(5) Funding.--
                    ``(A) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out the program 
                $10,000,000 for each of fiscal years 2022 through 2026, 
                to remain available until expended.
                    ``(B) Administrative costs.--Not more than 2 percent 
                of the amount made available for a fiscal year under 
                subparagraph (A) to carry out the program may be used by 
                the Administrator for the administrative costs of 
                carrying out the program.''.
SEC. 50113. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.

    Part B of the Safe Drinking Water Act (42 U.S.C. 300g et seq.) is 
amended by adding at the end the following:
``SEC. 1420A. <<NOTE: 42 USC 300g-10.>>  CYBERSECURITY SUPPORT FOR 
                            PUBLIC WATER SYSTEMS.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate Congressional committees' means--
                    ``(A) the Committee on Environment and Public Works 
                of the Senate;
                    ``(B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(C) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    ``(D) the Committee on Homeland Security of the 
                House of Representatives.
            ``(2) Director.--The term `Director' means the Director of 
        the Cybersecurity and Infrastructure Security Agency.
            ``(3) Incident.--The term `incident' has the meaning given 
        the term in section 3552 of title 44, United States Code.

[[Page 135 STAT. 1156]]

            ``(4) Prioritization framework.--The term `Prioritization 
        Framework' means the prioritization framework developed by the 
        Administrator under subsection (b)(1)(A).
            ``(5) Support plan.--The term `Support Plan' means the 
        Technical Cybersecurity Support Plan developed by the 
        Administrator under subsection (b)(2)(A).

    ``(b) Identification of and Support for Public Water Systems.--
            ``(1) Prioritization framework.--
                    ``(A) <<NOTE: Deadline. Coordination.>> In 
                general.--Not later than 180 days after the date of 
                enactment of this section, the Administrator, in 
                coordination with the Director, shall develop a 
                prioritization framework to identify public water 
                systems (including sources of water for those public 
                water systems) that, if degraded or rendered inoperable 
                due to an incident, would lead to significant impacts on 
                the health and safety of the public.
                    ``(B) Considerations.--In developing the 
                Prioritization Framework, to the extent practicable, the 
                Administrator shall incorporate consideration of--
                          ``(i) whether cybersecurity vulnerabilities 
                      for a public water system have been identified 
                      under section 1433;
                          ``(ii) the capacity of a public water system 
                      to remediate a cybersecurity vulnerability without 
                      additional Federal support;
                          ``(iii) whether a public water system serves a 
                      defense installation or critical national security 
                      asset; and
                          ``(iv) whether a public water system, if 
                      degraded or rendered inoperable due to an 
                      incident, would cause a cascading failure of other 
                      critical infrastructure.
            ``(2) Technical cybersecurity support plan.--
                    ``(A) <<NOTE: Deadline. Coordination.>> In 
                general.--Not later than 270 days after the date of 
                enactment of this section, the Administrator, in 
                coordination with the Director and using existing 
                authorities of the Administrator and the Director for 
                providing voluntary support to public water systems and 
                the Prioritization Framework, shall develop a Technical 
                Cybersecurity Support Plan for public water systems.
                    ``(B) Requirements.--The Support Plan--
                          ``(i) shall establish a methodology for 
                      identifying specific public water systems for 
                      which cybersecurity support should be prioritized;
                          ``(ii) <<NOTE: Timeline.>>  shall establish 
                      timelines for making voluntary technical support 
                      for cybersecurity available to specific public 
                      water systems;
                          ``(iii) <<NOTE: Coordination.>>  may include 
                      public water systems identified by the 
                      Administrator, in coordination with the Director, 
                      as needing technical support for cybersecurity;
                          ``(iv) shall include specific capabilities of 
                      the Administrator and the Director that may be 
                      utilized to provide support to public water 
                      systems under the Support Plan, including--
                                    ``(I) site vulnerability and risk 
                                assessments;
                                    ``(II) penetration tests; and

[[Page 135 STAT. 1157]]

                                    ``(III) any additional support 
                                determined to be appropriate by the 
                                Administrator; and
                          ``(v) shall only include plans for providing 
                      voluntary support to public water systems.
            ``(3) Consultation required.--In developing the 
        Prioritization Framework pursuant to paragraph (1) and the 
        Support Plan pursuant to paragraph (2), the Administrator shall 
        consult with such Federal or non-Federal entities as determined 
        to be appropriate by the Administrator.
            ``(4) Reports required.--
                    ``(A) Prioritization framework.--Not later than 190 
                days after the date of enactment of this section, the 
                Administrator shall submit to the appropriate 
                Congressional committees a report describing the 
                Prioritization Framework.
                    ``(B) Technical cybersecurity support plan.--Not 
                later than 280 days after the date of enactment of this 
                section, the Administrator shall submit to the 
                appropriate Congressional committees--
                          ``(i) the Support Plan; and
                          ``(ii) a list describing any public water 
                      systems identified by the Administrator, in 
                      coordination with the Director, as needing 
                      technical support for cybersecurity during the 
                      development of the Support Plan.

    ``(c) Rules of Construction.--Nothing in this section--
            ``(1) alters the existing authorities of the Administrator; 
        or
            ``(2) compels a public water system to accept technical 
        support offered by the Administrator.''.
SEC. 50114. STATE RESPONSE TO CONTAMINANTS.

    Section 1459A(j)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
19a(j)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``an underserved community'' and inserting ``a community 
        described in subsection (c)(2)''; and
            (2) in subparagraph (A)(i), by striking ``such underserved'' 
        and inserting ``that''.
SEC. 50115. <<NOTE: 42 USC 300j-18a.>>  ANNUAL STUDY ON BOIL WATER 
                            ADVISORIES.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after 
the date of enactment of this Act, and annually thereafter, the 
Administrator shall conduct a study on the prevalence of boil water 
advisories issued in the United States.

    (b) Report.--
            (1) In general.--The Administrator shall submit to Congress 
        a report describing the results of the most recent study 
        conducted under subsection (a) as part of the annual budget 
        request transmitted to Congress under section 1105(a) of title 
        31, United States Code.
            (2) Requirement.--In the annual report required under 
        paragraph (1), the Administrator shall include a description of 
        the reasons for which boil water advisories were issued during 
        the year covered by the report.

[[Page 135 STAT. 1158]]

                          TITLE II--CLEAN WATER

SEC. 50201. RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION.

    (a) Reauthorization.--Section 104(u) of the Federal Water Pollution 
Control Act (33 U.S.C. 1254(u)) is amended--
            (1) by striking ``and (7)'' and inserting ``(7)''; and
            (2) in paragraph (7)--
                    (A) by striking ``2023'' and inserting ``2021''; and
                    (B) by striking the period at the end and inserting 
                ``; and (8) not to exceed $75,000,000 for each of fiscal 
                years 2022 through 2026 for carrying out subsections 
                (b)(3), (b)(8), and (g), of which not less than 
                $50,000,000 each fiscal year shall be used to carry out 
                subsection (b)(8).''.

    (b) <<NOTE: Consultation. 33 USC 1254 note.>>  Communication.--Each 
nonprofit organization that receives funding under paragraph (8) of 
section 104(b) of the Federal Water Pollution Control Act (33 U.S.C. 
1254(b)) shall, before using that funding to undertake activities to 
carry out that paragraph, consult with the State in which the assistance 
is to be expended or otherwise made available.

    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Administrator shall submit to Congress a report that 
describes the implementation of the grants authorized under subsections 
(b)(3), (b)(8), and (g) of section 104 of the Federal Water Pollution 
Control Act (33 U.S.C. 1254), which shall include a description of the 
grant recipients and grant amounts made available to carry out those 
subsections.
SEC. 50202. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) is amended by adding at the end the following:
``SEC. 222. <<NOTE: 33 USC 1302.>>  WASTEWATER EFFICIENCY GRANT 
                        PILOT PROGRAM.

    ``(a) Establishment.--Subject to the availability of appropriations, 
the Administrator shall establish a wastewater efficiency grant pilot 
program (referred to in this section as the `pilot program') to award 
grants to owners or operators of publicly owned treatment works to carry 
out projects that create or improve waste-to-energy systems.
    ``(b) Selection.--
            ``(1) Applications.--To be eligible to receive a grant under 
        the pilot program, an owner or operator of a treatment works 
        shall submit to the Administrator an application at such time, 
        in such manner, and containing such information as the 
        Administrator may require.
            ``(2) Number of recipients.--The Administrator shall select 
        not more than 15 recipients of grants under the pilot program 
        from applications submitted under paragraph (1).

    ``(c) Use of Funds.--
            ``(1) In general.--Subject to paragraph (2), a recipient of 
        a grant under the pilot program may use grant funds for--
                    ``(A) sludge collection;
                    ``(B) installation of anaerobic digesters;
                    ``(C) methane capture;
                    ``(D) methane transfer;
                    ``(E) facility upgrades and retrofits necessary to 
                create or improve waste-to-energy systems; and

[[Page 135 STAT. 1159]]

                    ``(F) other new and emerging, but proven, 
                technologies that transform waste to energy.
            ``(2) Limitation.--A grant to a recipient under the pilot 
        program shall be not more than $4,000,000.

    ``(d) Reports.--
            ``(1) Report to the administrator.--Not later than 2 years 
        after receiving a grant under the pilot program and each year 
        thereafter for which amounts are made available for the pilot 
        program under subsection (e), the recipient of the grant shall 
        submit to the Administrator a report describing the impact of 
        that project on the communities within 3 miles of the treatment 
        works.
            ``(2) Report to congress.--Not later than 1 year after first 
        awarding grants under the pilot program and each year thereafter 
        for which amounts are made available for the pilot program under 
        subsection (e), the Administrator shall submit to Congress a 
        report describing--
                    ``(A) the applications received by the Administrator 
                for grants under the pilot program; and
                    ``(B) the projects for which grants were awarded 
                under the pilot program.

    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        carry out the pilot program $20,000,000 for each of fiscal years 
        2022 through 2026, to remain available until expended.
            ``(2) Limitation on use of funds.--Of the amounts made 
        available for grants under paragraph (1), not more than 2 
        percent may be used to pay the administrative costs of the 
        Administrator.''.
SEC. 50203. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

    Section 220 of the Federal Water Pollution Control Act (33 U.S.C. 
1300) is amended--
            (1) in subsection (b), in the heading, by striking ``In 
        General'' and inserting ``Establishment'';
            (2) in subsection (d)--
                    (A) in paragraph (1), by inserting ``construction'' 
                before ``funds'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph (2);
            (3) by striking subsection (e);
            (4) in subsection (i)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``, the following definitions apply''; and
                    (B) in paragraph (1), in the first sentence, by 
                striking ``water or wastewater or by treating 
                wastewater'' and inserting ``water, wastewater, or 
                stormwater or by treating wastewater or stormwater for 
                groundwater recharge, potable reuse, or other 
                purposes'';
            (5) in subsection (j)--
                    (A) in the first sentence, by striking ``There is'' 
                and inserting the following:
            ``(1) In general.--There is'';
                    (B) in paragraph (1) (as so designated), by striking 
                ``a total of $75,000,000 for fiscal years 2002 through 
                2004.

[[Page 135 STAT. 1160]]

                Such sums shall'' and inserting ``$25,000,000 for each 
                of fiscal years 2022 through 2026, to''; and
                    (C) by adding at the end the following:
            ``(2) Limitation on use of funds.--Of the amounts made 
        available for grants under paragraph (1), not more than 2 
        percent may be used to pay the administrative costs of the 
        Administrator.''; and
            (6) by redesignating subsections (b), (c), (d), (i), and (j) 
        as subsections (c), (d), (e), (b), and (i), respectively, and 
        moving those subsections so as to appear in alphabetical order.
SEC. 50204. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.

    Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended--
            (1) in subsection (a)(1) --
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) notification systems to inform the public of 
                combined sewer or sanitary overflows that result in 
                sewage being released into rivers and other waters; 
                and'';
            (2) in subsection (d)--
                    (A) in the second sentence, by striking ``The non-
                Federal share of the cost'' and inserting the following:
            ``(3) Types of non-federal share.--The applicable non-
        Federal share of the cost under this subsection'';
                    (B) in the first sentence, by striking ``The 
                Federal'' and inserting the following:
            ``(1) In general.--The Federal''; and
                    (C) by inserting after paragraph (1) (as so 
                designated) the following:
            ``(2) Rural and financially distressed communities.--To the 
        maximum extent practicable, the Administrator shall work with 
        States to prevent the non-Federal share requirements under this 
        subsection from being passed on to rural communities and 
        financially distressed communities (as those terms are defined 
        in subsection (f)(2)(B)(i)).'';
            (3) in subsection (f)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--There is authorized to be appropriated to 
        carry out this section $280,000,000 for each of fiscal years 
        2022 through 2026.''; and
                    (B) in paragraph (2)--
                          (i) by striking ``To the extent'' and 
                      inserting the following:
                    ``(A) Green projects.--To the extent''; and
                          (ii) by adding at the end the following:
                    ``(B) Rural or financially distressed community 
                allocation.--
                          ``(i) Definitions.--In this subparagraph:
                                    ``(I) Financially distressed 
                                community.--The term `financially 
                                distressed community' has the meaning 
                                given the term in subsection (c)(1).

[[Page 135 STAT. 1161]]

                                    ``(II) Rural community.--The term 
                                `rural community' means a city, town, or 
                                unincorporated area that has a 
                                population of not more than 10,000 
                                inhabitants.
                          ``(ii) Allocation.--
                                    ``(I) In general.--To the extent 
                                there are sufficient eligible project 
                                applications, the Administrator shall 
                                ensure that a State uses not less than 
                                25 percent of the amount of the grants 
                                made to the State under subsection (a) 
                                in a fiscal year to carry out projects 
                                in rural communities or financially 
                                distressed communities for the purpose 
                                of planning, design, and construction 
                                of--
                                            ``(aa) treatment works to 
                                        intercept, transport, control, 
                                        treat, or reuse municipal sewer 
                                        overflows, sanitary sewer 
                                        overflows, or stormwater; or
                                            ``(bb) any other measures to 
                                        manage, reduce, treat, or 
                                        recapture stormwater or 
                                        subsurface drainage water 
                                        eligible for assistance under 
                                        section 603(c).
                                    ``(II) Rural communities.--Of the 
                                funds allocated under subclause (I) for 
                                the purposes described in that 
                                subclause, to the extent there are 
                                sufficient eligible project 
                                applications, the Administrator shall 
                                ensure that a State uses not less than 
                                60 percent to carry out projects in 
                                rural communities.''; and
            (4) in subsection (i)--
                    (A) in the second sentence, by striking ``The 
                recommended funding levels'' and inserting the 
                following:
                    ``(B) Requirement.--The funding levels recommended 
                under subparagraph (A)(i)'';
                    (B) in the first sentence, by striking ``Not later'' 
                and inserting the following:
            ``(1) Periodic reports.--
                    ``(A) In general.--Not later'';
                    (C) in paragraph (1)(A) (as so designated)--
                          (i) by striking the period at the end and 
                      inserting ``; and'';
                          (ii) by striking ``containing recommended'' 
                      and inserting the following: ``containing--
                          ``(i) recommended''; and
                          (iii) by adding at the end the following:
                          ``(ii) a description of the extent to which 
                      States pass costs associated with the non-Federal 
                      share requirements under subsection (d) to local 
                      communities, with a focus on rural communities and 
                      financially distressed communities (as those terms 
                      are defined in subsection (f)(2)(B)(i)).''; and
                    (D) by adding at the end the following:
            ``(2) Use of funds.--Not later than 2 years after the date 
        of enactment of this paragraph, the Administrator shall submit 
        to the Committee on Environment and Public Works of the Senate 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives a report that describes the 
        implementation of the grant program under this section,

[[Page 135 STAT. 1162]]

        which shall include a description of the grant recipients, 
        sources of funds for non-Federal share requirements under 
        subsection (d), and grant amounts made available under the 
        program.''.
SEC. 50205. CLEAN WATER INFRASTRUCTURE RESILIENCY AND 
                            SUSTAINABILITY PROGRAM.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50202) is amended by adding at the end 
the following:
``SEC. 223. <<NOTE: 33 USC 1302a.>>  CLEAN WATER INFRASTRUCTURE 
                        RESILIENCY AND SUSTAINABILITY PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a municipality; or
                    ``(B) an intermunicipal, interstate, or State 
                agency.
            ``(2) Natural hazard.--The term `natural hazard' means a 
        hazard caused by natural forces, including extreme weather 
        events, sea-level rise, and extreme drought conditions.
            ``(3) Program.--The term `program' means the clean water 
        infrastructure resilience and sustainability program established 
        under subsection (b).

    ``(b) <<NOTE: Grants.>> Establishment.--Subject to the availability 
of appropriations, the Administrator shall establish a clean water 
infrastructure resilience and sustainability program under which the 
Administrator shall award grants to eligible entities for the purpose of 
increasing the resilience of publicly owned treatment works to a natural 
hazard or cybersecurity vulnerabilities.

    ``(c) Use of Funds.--An eligible entity that receives a grant under 
the program shall use the grant funds for planning, designing, or 
constructing projects (on a system-wide or area-wide basis) that 
increase the resilience of a publicly owned treatment works to a natural 
hazard or cybersecurity vulnerabilities through--
            ``(1) the conservation of water;
            ``(2) the enhancement of water use efficiency;
            ``(3) the enhancement of wastewater and stormwater 
        management by increasing watershed preservation and protection, 
        including through the use of--
                    ``(A) natural and engineered green infrastructure; 
                and
                    ``(B) reclamation and reuse of wastewater and 
                stormwater, such as aquifer recharge zones;
            ``(4) the modification or relocation of an existing publicly 
        owned treatment works, conveyance, or discharge system component 
        that is at risk of being significantly impaired or damaged by a 
        natural hazard;
            ``(5) the development and implementation of projects to 
        increase the resilience of publicly owned treatment works to a 
        natural hazard or cybersecurity vulnerabilities, as applicable; 
        or
            ``(6) the enhancement of energy efficiency or the use and 
        generation of recovered or renewable energy in the management, 
        treatment, or conveyance of wastewater or stormwater.

    ``(d) Application.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Administrator an 
application at such time, in such manner, and containing such 
information as the Administrator may require, including--
            ``(1) <<NOTE: Proposal.>>  a proposal of the project to be 
        planned, designed, or constructed using funds under the program;

[[Page 135 STAT. 1163]]

            ``(2) an identification of the natural hazard risk of the 
        area where the proposed project is to be located or potential 
        cybersecurity vulnerability, as applicable, to be addressed by 
        the proposed project;
            ``(3) documentation prepared by a Federal, State, regional, 
        or local government agency of the natural hazard risk of the 
        area where the proposed project is to be located or potential 
        cybersecurity vulnerability, as applicable, of the area where 
        the proposed project is to be located;
            ``(4) a description of any recent natural hazard risk of the 
        area where the proposed project is to be located or potential 
        cybersecurity vulnerabilities that have affected the publicly 
        owned treatment works;
            ``(5) a description of how the proposed project would 
        improve the performance of the publicly owned treatment works 
        under an anticipated natural hazard or natural hazard risk of 
        the area where the proposed project is to be located or a 
        potential cybersecurity vulnerability, as applicable; and
            ``(6) an explanation of how the proposed project is expected 
        to enhance the resilience of the publicly owned treatment works 
        to a natural hazard risk of the area where the proposed project 
        is to be located or a potential cybersecurity vulnerability, as 
        applicable.

    ``(e) Grant Amount and Other Federal Requirements.--
            ``(1) Cost share.--Except as provided in paragraph (2), a 
        grant under the program shall not exceed 75 percent of the total 
        cost of the proposed project.
            ``(2) Exception.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a grant under the program shall not 
                exceed 90 percent of the total cost of the proposed 
                project if the project serves a community that--
                          ``(i) has a population of fewer than 10,000 
                      individuals; or
                          ``(ii) meets the affordability criteria 
                      established by the State in which the community is 
                      located under section 603(i)(2).
                    ``(B) Waiver.--At the discretion of the 
                Administrator, a grant for a project described in 
                subparagraph (A) may cover 100 percent of the total cost 
                of the proposed project.
            ``(3) <<NOTE: Applicability.>>  Requirements.--The 
        requirements of section 608 shall apply to a project funded with 
        a grant under the program.

    ``(f) Report.--Not later than 2 years after the date of enactment of 
this section, the Administrator shall submit to Congress a report that 
describes the implementation of the program, which shall include an 
accounting of all grants awarded under the program, including a 
description of each grant recipient and each project funded using a 
grant under the program.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        carry out this section $25,000,000 for each of fiscal years 2022 
        through 2026.
            ``(2) Limitation on use of funds.--Of the amounts made 
        available for grants under paragraph (1), not more than 2 
        percent may be used to pay the administrative costs of the 
        Administrator.''.

[[Page 135 STAT. 1164]]

SEC. 50206. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS 
                            CIRCUIT RIDER PROGRAM.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50205) is amended by adding at the end 
the following:
``SEC. 224. <<NOTE: Grants. 33 USC 1302b.>>  SMALL AND MEDIUM 
                        PUBLICLY OWNED TREATMENT WORKS CIRCUIT 
                        RIDER PROGRAM.

    ``(a) Establishment.--Subject to the availability of appropriations, 
not later than 180 days after the date of enactment of this section, the 
Administrator shall establish a circuit rider program (referred to in 
this section as the `circuit rider program') under which the 
Administrator shall award grants to qualified nonprofit entities, as 
determined by the Administrator, to provide assistance to owners and 
operators of small and medium publicly owned treatment works to carry 
out the activities described in section 602(b)(13).
    ``(b) Limitation.--A grant provided under the circuit rider program 
shall be in an amount that is not more than $75,000.
    ``(c) Prioritization.--In selecting recipients of grants under the 
circuit rider program, the Administrator shall give priority to 
qualified nonprofit entities, as determined by the Administrator, that 
would serve a community that--
            ``(1) has a history, for not less than the 10 years prior to 
        the award of the grant, of unresolved wastewater issues, 
        stormwater issues, or a combination of wastewater and stormwater 
        issues;
            ``(2) is considered financially distressed;
            ``(3) faces the cumulative burden of stormwater and 
        wastewater overflow issues; or
            ``(4) has previously failed to access Federal technical 
        assistance due to cost-sharing requirements.

    ``(d) <<NOTE: Consultation.>> Communication.--Each qualified 
nonprofit entity that receives funding under this section shall, before 
using that funding to undertake activities to carry out this section, 
consult with the State in which the assistance is to be expended or 
otherwise made available.

    ``(e) <<NOTE: Time period.>> Report.--Not later than 2 years after 
the date on which the Administrator establishes the circuit rider 
program, and every 2 years thereafter, the Administrator shall submit to 
Congress a report describing--
            ``(1) each recipient of a grant under the circuit rider 
        program; and
            ``(2) <<NOTE: Summary.>> a summary of the activities carried 
        out under the circuit rider program.

    ``(f) Authorization of Appropriations.--
            ``(1) <<NOTE: Time period.>> In general.--There is 
        authorized to be appropriated to carry out this section 
        $10,000,000 for the period of fiscal years 2022 through 2026.
            ``(2) Limitation on use of funds.--Of the amounts made 
        available for grants under paragraph (1), not more than 2 
        percent may be used to pay the administrative costs of the 
        Administrator.''.

[[Page 135 STAT. 1165]]

SEC. 50207. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT 
                            PROGRAM.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50206) is amended by adding at the end 
the following:
``SEC. 225. <<NOTE: 33 USC 1302c.>>  SMALL PUBLICLY OWNED 
                        TREATMENT WORKS EFFICIENCY GRANT PROGRAM.

    ``(a) Establishment.--Subject to the availability of appropriations, 
not later than 180 days after the date of enactment of this section, the 
Administrator shall establish an efficiency grant program (referred to 
in this section as the `efficiency grant program') under which the 
Administrator shall award grants to eligible entities for the 
replacement or repair of equipment that improves water or energy 
efficiency of small publicly owned treatment works, as identified in an 
efficiency audit.
    ``(b) Eligible Entities.--The Administrator may award a grant under 
the efficiency grant program to--
            ``(1) an owner or operator of a small publicly owned 
        treatment works that serves--
                    ``(A) a population of not more than 10,000 people; 
                or
                    ``(B) a disadvantaged community; or
            ``(2) a nonprofit organization that seeks to assist a small 
        publicly owned treatment works described in paragraph (1) to 
        carry out the activities described in subsection (a).

    ``(c) <<NOTE: Time period.>> Report.--Not later than 2 years after 
the date on which the Administrator establishes the efficiency grant 
program, and every 2 years thereafter, the Administrator shall submit to 
Congress a report describing--
            ``(1) each recipient of a grant under the efficiency grant 
        program; and
            ``(2) <<NOTE: Summary.>> a summary of the activities carried 
        out under the efficiency grant program.

    ``(d) Use of Funds.--
            ``(1) Small systems.--Of the amounts made available for 
        grants under this section, to the extent that there are 
        sufficient applications, not less than 15 percent shall be used 
        for grants to publicly owned treatment works that serve fewer 
        than 3,300 people.
            ``(2) Limitation on use of funds.--Of the amounts made 
        available for grants under this section, not more than 2 percent 
        may be used to pay the administrative costs of the 
        Administrator.''.
SEC. 50208. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL 
                            HOUSEHOLD DECENTRALIZED WASTEWATER 
                            SYSTEMS FOR INDIVIDUALS WITH LOW OR 
                            MODERATE INCOME.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50207) is amended by adding at the end 
the following:

[[Page 135 STAT. 1166]]

``SEC. 226. <<NOTE: 33 USC 1302d.>>  GRANTS FOR CONSTRUCTION AND 
                        REFURBISHING OF INDIVIDUAL HOUSEHOLD 
                        DECENTRALIZED WASTEWATER SYSTEMS FOR 
                        INDIVIDUALS WITH LOW OR MODERATE INCOME.

    ``(a) Definition of Eligible Individual.--In this section, the term 
`eligible individual' means a member of a low-income or moderate-income 
household, the members of which have a combined income (for the most 
recent 12-month period for which information is available) equal to not 
more than 50 percent of the median nonmetropolitan household income for 
the State or territory in which the household is located, according to 
the most recent decennial census.
    ``(b) Grant Program.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Administrator shall establish a program 
        under which the Administrator shall provide grants to private 
        nonprofit organizations for the purpose of improving general 
        welfare by providing assistance to eligible individuals--
                    ``(A) for the construction, repair, or replacement 
                of an individual household decentralized wastewater 
                treatment system; or
                    ``(B) for the installation of a larger decentralized 
                wastewater system designed to provide treatment for 2 or 
                more households in which eligible individuals reside, 
                if--
                          ``(i) site conditions at the households are 
                      unsuitable for the installation of an individually 
                      owned decentralized wastewater system;
                          ``(ii) multiple examples of unsuitable site 
                      conditions exist in close geographic proximity to 
                      each other; and
                          ``(iii) a larger decentralized wastewater 
                      system could be cost-effectively installed.
            ``(2) Application.--To be eligible to receive a grant under 
        this subsection, a private nonprofit organization shall submit 
        to the Administrator an application at such time, in such 
        manner, and containing such information as the Administrator 
        determines to be appropriate.
            ``(3) Priority.--In awarding grants under this subsection, 
        the Administrator shall give priority to applicants that have 
        substantial expertise and experience in promoting the safe and 
        effective use of individual household decentralized wastewater 
        systems.
            ``(4) Administrative expenses.--A private nonprofit 
        organization may use amounts provided under this subsection to 
        pay the administrative expenses associated with the provision of 
        the services described in paragraph (1), as the Administrator 
        determines to be appropriate.

    ``(c) Grants.--
            ``(1) In general.--Subject to paragraph (2), a private 
        nonprofit organization shall use a grant provided under 
        subsection (b) for the services described in paragraph (1) of 
        that subsection.
            ``(2) Application.--To be eligible to receive the services 
        described in subsection (b)(1), an eligible individual shall 
        submit to the private nonprofit organization serving the area in 
        which the individual household decentralized wastewater system 
        of the eligible individuals is, or is proposed to be, located an 
        application at such time, in such manner, and containing such

[[Page 135 STAT. 1167]]

        information as the private nonprofit organization determines to 
        be appropriate.
            ``(3) Priority.--In awarding grants under this subsection, a 
        private nonprofit organization shall give priority to any 
        eligible individual who does not have access to a sanitary 
        sewage disposal system.

    ``(d) Report.--Not later than 2 years after the date of enactment of 
this section, the Administrator shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report describing the recipients of grants under the program under this 
section and the results of the program under this section.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        the Administrator to carry out this section $50,000,000 for each 
        of fiscal years 2022 through 2026.
            ``(2) Limitation on use of funds.--Of the amounts made 
        available for grants under paragraph (1), not more than 2 
        percent may be used to pay the administrative costs of the 
        Administrator.''.
SEC. 50209. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50208) is amended by adding at the end 
the following:
``SEC. 227. <<NOTE: 33 USC 1302e.>>  CONNECTION TO PUBLICLY OWNED 
                        TREATMENT WORKS.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) an owner or operator of a publicly owned 
                treatment works that assists or is seeking to assist 
                low-income or moderate-income individuals with 
                connecting the household of the individual to the 
                publicly owned treatment works; or
                    ``(B) a nonprofit entity that assists low-income or 
                moderate-income individuals with the costs associated 
                with connecting the household of the individual to a 
                publicly owned treatment works.
            ``(2) Program.--The term `program' means the competitive 
        grant program established under subsection (b).
            ``(3) Qualified individual.--The term `qualified individual' 
        has the meaning given the term `eligible individual' in section 
        603(j).

    ``(b) Establishment.--Subject to the availability of appropriations, 
the Administrator shall establish a competitive grant program with the 
purpose of improving general welfare, under which the Administrator 
awards grants to eligible entities to provide funds to assist qualified 
individuals in covering the costs incurred by the qualified individual 
in connecting the household of the qualified individual to a publicly 
owned treatment works.
    ``(c) Application.--
            ``(1) <<NOTE: Regulations. Requirement.>> In general.--An 
        eligible entity seeking a grant under the program shall submit 
        to the Administrator an application at such time, in such 
        manner, and containing such information as the Administrator may 
        by regulation require.
            ``(2) <<NOTE: Deadline. Notification.>> Requirement.--Not 
        later than 90 days after the date on which the Administrator 
        receives an application from an

[[Page 135 STAT. 1168]]

        eligible entity under paragraph (1), the Administrator shall 
        notify the eligible entity of whether the Administrator will 
        award a grant to the eligible entity under the program.

    ``(d) Selection Criteria.--In selecting recipients of grants under 
the program, the Administrator shall use the following criteria:
            ``(1) Whether the eligible entity seeking a grant provides 
        services to, or works directly with, qualified individuals.
            ``(2) Whether the eligible entity seeking a grant--
                    ``(A) has an existing program to assist in covering 
                the costs incurred in connecting a household to a 
                publicly owned treatment works; or
                    ``(B) seeks to create a program described in 
                subparagraph (A).

    ``(e) Requirements.--
            ``(1) Voluntary connection.--Before providing funds to a 
        qualified individual for the costs described in subsection (b), 
        an eligible entity shall ensure that--
                    ``(A) the qualified individual has connected to the 
                publicly owned treatment works voluntarily; and
                    ``(B) if the eligible entity is not the owner or 
                operator of the publicly owned treatment works to which 
                the qualified individual has connected, the publicly 
                owned treatment works to which the qualified individual 
                has connected has agreed to the connection.
            ``(2) Reimbursements from publicly owned treatment works.--
        An eligible entity that is an owner or operator of a publicly 
        owned treatment works may reimburse a qualified individual that 
        has already incurred the costs described in subsection (b) by--
                    ``(A) reducing the amount otherwise owed by the 
                qualified individual to the owner or operator for 
                wastewater or other services provided by the owner or 
                operator; or
                    ``(B) providing a direct payment to the qualified 
                individual.

    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        carry out the program $40,000,000 for each of fiscal years 2022 
        through 2026.
            ``(2) Limitations on use of funds.--
                    ``(A) Small systems.--Of the amounts made available 
                for grants under paragraph (1), to the extent that there 
                are sufficient applications, not less than 15 percent 
                shall be used to make grants to--
                          ``(i) eligible entities described in 
                      subsection (a)(1)(A) that are owners and operators 
                      of publicly owned treatment works that serve fewer 
                      than 3,300 people; and
                          ``(ii) eligible entities described in 
                      subsection (a)(1)(B) that provide the assistance 
                      described in that subsection in areas that are 
                      served by publicly owned treatment works that 
                      serve fewer than 3,300 people.
                    ``(B) Administrative costs.--Of the amounts made 
                available for grants under paragraph (1), not more than 
                2 percent may be used to pay the administrative costs of 
                the Administrator.''.

[[Page 135 STAT. 1169]]

SEC. 50210. CLEAN WATER STATE REVOLVING FUNDS.

    (a) Use of Funds.--
            (1) In general.--Section 603 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1383) is amended--
                    (A) in subsection (d), in the matter preceding 
                paragraph (1), by inserting ``and provided in subsection 
                (k)'' after ``State law'';
                    (B) in subsection (i)--
                          (i) in paragraph (1), in the matter preceding 
                      subparagraph (A), by striking ``, including 
                      forgiveness of principal and negative interest 
                      loans'' and inserting ``(including forgiveness of 
                      principal, grants, negative interest loans, other 
                      loan forgiveness, and through buying, refinancing, 
                      or restructuring debt)''; and
                          (ii) in paragraph (3), by striking 
                      subparagraph (B) and inserting the following:
                    ``(B) Total amount of subsidization.--
                          ``(i) In general.--For each fiscal year, of 
                      the amount of the capitalization grant received by 
                      the State under this title, the total amount of 
                      additional subsidization made available by a State 
                      under paragraph (1)--
                                    ``(I) may not exceed 30 percent; and
                                    ``(II) to the extent that there are 
                                sufficient applications for assistance 
                                to communities described in that 
                                paragraph, may not be less than 10 
                                percent.
                          ``(ii) Exclusion.--A loan from the water 
                      pollution control revolving fund of a State with 
                      an interest rate equal to or greater than 0 
                      percent shall not be considered additional 
                      subsidization for purposes of this 
                      subparagraph.''; and
                    (C) by adding at the end the following:

    ``(k) Additional Use of Funds.--A State may use an additional 2 
percent of the funds annually awarded to each State under this title for 
nonprofit organizations (as defined in section 104(w)) or State, 
regional, interstate, or municipal entities to provide technical 
assistance to rural, small, and tribal publicly owned treatment works 
(within the meaning of section 104(b)(8)(B)) in the State.''.
            (2) Technical amendment.--Section 104(w) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1254(w)) is amended by 
        striking ``treatments works'' and inserting ``treatment works''.

    (b) Capitalization Grant Reauthorization.--Section 607 of the 
Federal Water Pollution Control Act (33 U.S.C. 1387) is amended to read 
as follows:
``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out the purposes 
of this title--
            ``(1) $2,400,000,000 for fiscal year 2022;
            ``(2) $2,750,000,000 for fiscal year 2023;
            ``(3) $3,000,000,000 for fiscal year 2024; and
            ``(4) $3,250,000,000 for each of fiscal years 2025 and 
        2026.''.

[[Page 135 STAT. 1170]]

SEC. 50211. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.

    Section 4304 of the America's Water Infrastructure Act of 2018 (42 
U.S.C. 300j-19e) is amended--
            (1) in subsection (a)(3)--
                    (A) in subparagraph (A), by inserting ``Tribal,'' 
                after ``State,''; and
                    (B) in subparagraph (B), by striking ``community-
                based organizations'' and all that follows through the 
                period at the end and inserting the following: 
                ``community-based organizations and public works 
                departments or agencies to align water and wastewater 
                utility workforce recruitment efforts, training 
                programs, retention efforts, and community resources 
                with water and wastewater utilities--
                          ``(i) to accelerate career pipelines;
                          ``(ii) to ensure the sustainability of the 
                      water and wastewater utility workforce; and
                          ``(iii) to provide access to workforce 
                      opportunities.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) by striking subparagraph (B);
                          (ii) in subparagraph (A), by striking ``; 
                      and'' at the end and inserting ``, which may 
                      include--''
                          (iii) in the matter preceding subparagraph 
                      (A), by striking ``program--'' and all that 
                      follows through ``to assist'' in subparagraph (A) 
                      and inserting ``program to assist''; and
                          (iv) by adding at the end the following:
                    ``(A) expanding the use and availability of 
                activities and resources that relate to the recruitment, 
                including the promotion of diversity within that 
                recruitment, of individuals to careers in the water and 
                wastewater utility sector;
                    ``(B) expanding the availability of training 
                opportunities for--
                          ``(i) individuals entering into the water and 
                      wastewater utility sector; and
                          ``(ii) individuals seeking to advance careers 
                      within the water and wastewater utility sector; 
                      and
                    ``(C) expanding the use and availability of 
                activities and strategies, including the development of 
                innovative activities and strategies, that relate to the 
                maintenance and retention of a sustainable workforce in 
                the water and wastewater utility sector.'';
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``institutions--'' and inserting 
                      ``institutions, or public works departments and 
                      agencies--''; and
                          (ii) in subparagraph (A)--
                                    (I) by striking clauses (ii) and 
                                (iii);
                                    (II) in clause (i), by adding ``or'' 
                                at the end;
                                    (III) by redesignating clause (i) as 
                                clause (ii);
                                    (IV) by inserting before clause (ii) 
                                (as so redesignated) the following:
                          ``(i) in the development of educational or 
                      recruitment materials and activities, including 
                      those materials and activities that specifically 
                      promote diversity

[[Page 135 STAT. 1171]]

                      within recruitment, for the water and wastewater 
                      utility workforce;''; and
                                    (V) by adding at the end the 
                                following:
                          ``(iii) developing activities and strategies 
                      that relate to the maintenance and retention of a 
                      sustainable workforce in the water and wastewater 
                      utility sector; and'';
                    (C) in paragraph (3)--
                          (i) in subparagraph (D)(ii), by inserting ``or 
                      certification'' after ``training''; and
                          (ii) in subparagraph (E), by striking ``ensure 
                      that incumbent water and waste water utilities 
                      workers'' and inserting ``are designed to retain 
                      incumbent water and wastewater utility workforce 
                      workers by ensuring that those workers''; and
                    (D) by striking paragraph (4) and inserting the 
                following:
            ``(4) Working group; report.--
                    ``(A) <<NOTE: Coordination.>> In general.--The 
                Administrator shall establish and coordinate a Federal 
                interagency working group to address recruitment, 
                training, and retention challenges in the water and 
                wastewater utility workforce, which shall include 
                representatives from--
                          ``(i) the Department of Education;
                          ``(ii) the Department of Labor;
                          ``(iii) the Department of Agriculture;
                          ``(iv) the Department of Veterans Affairs; and
                          ``(v) other Federal agencies, as determined to 
                      be appropriate by the Administrator.
                    ``(B) <<NOTE: Coordination.>> Report.--Not later 
                than 2 years after the date of enactment of this 
                subparagraph, the Administrator, in coordination with 
                the working group established under subparagraph (A), 
                shall submit to Congress a report describing potential 
                solutions to recruitment, training, and retention 
                challenges in the water and wastewater utility 
                workforce.
                    ``(C) Consultation.--In carrying out the duties of 
                the working group established under subparagraph (A), 
                the working group shall consult with State operator 
                certification programs.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2022 through 2026.'';
            (3) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (4) by inserting before subsection (b) (as so redesignated) 
        the following:

    ``(a) Definition of Public Works Department or Agency.--In this 
section, the term `public works department or agency' means a political 
subdivision of a local, county, or regional government that designs, 
builds, operates, and maintains water infrastructure, sewage and refuse 
disposal systems, and other public water systems and facilities.''.

[[Page 135 STAT. 1172]]

SEC. 50212. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL AND 
                            NATIVE VILLAGES.

    Section 303 of the Safe Drinking Water Act Amendments of 1996 (33 
U.S.C. 1263a) is amended--
            (1) in subsection (b), by striking ``50 percent'' and 
        inserting ``75 percent''; and
            (2) in subsection (e), by striking ``this section'' and all 
        that follows through the period at the end and inserting the 
        following: ``this section--
            ``(1) $40,000,000 for each of fiscal years 2022 through 
        2024;
            ``(2) $50,000,000 for fiscal year 2025; and
            ``(3) $60,000,000 for fiscal year 2026.''.
SEC. 50213. <<NOTE: 42 USC 10361 note.>>  WATER DATA SHARING PILOT 
                            PROGRAM.

    (a) Establishment.--
            (1) <<NOTE: Grants.>> In general.--Subject to the 
        availability of appropriations, the Administrator shall 
        establish a competitive grant pilot program (referred to in this 
        section as the ``pilot program'') under which the Administrator 
        may award grants to eligible entities under subsection (b) to 
        establish systems that improve the sharing of information 
        concerning water quality, water infrastructure needs, and water 
        technology, including cybersecurity technology, between States 
        or among counties and other units of local government within a 
        State, which may include--
                    (A) establishing a website or data hub to exchange 
                water data, including data on water quality or water 
                technology, including new and emerging, but proven, 
                water technology; and
                    (B) intercounty communications initiatives related 
                to water data.
            (2) Requirements.--
                    (A) Data sharing.--The Internet of Water principles 
                developed by the Nicholas Institute for Environmental 
                Policy Solutions shall, to the extent practicable, guide 
                any water data sharing efforts under the pilot program.
                    (B) Use of existing data.--The recipient of a grant 
                under the pilot program to establish a website or data 
                hub described in paragraph (1)(A) shall, to the extent 
                practicable, leverage existing data sharing 
                infrastructure.

    (b) Eligible Entities.--An entity eligible for a grant under the 
pilot program is--
            (1) a State, county, or other unit of local government 
        that--
                    (A) has a coastal watershed with significant 
                pollution levels;
                    (B) has a water system with significant pollution 
                levels; or
                    (C) has significant individual water infrastructure 
                deficits; or
            (2) a regional consortium established under subsection (d).

    (c) <<NOTE: Requirement.>>  Applications.--To be eligible to receive 
a grant under the pilot program, an eligible entity under subsection (b) 
shall submit to the Administrator an application at such time, in such 
manner, and containing such information as the Administrator may 
require.

    (d) Regional Consortia.--
            (1) Establishment.--States may establish regional consortia 
        in accordance with this subsection.

[[Page 135 STAT. 1173]]

            (2) Requirements.--A regional consortium established under 
        paragraph (1) shall--
                    (A) include not fewer than 2 States that have 
                entered into a memorandum of understanding--
                          (i) to exchange water data, including data on 
                      water quality; or
                          (ii) to share information, protocols, and 
                      procedures with respect to projects that evaluate, 
                      demonstrate, or install new and emerging, but 
                      proven, water technology;
                    (B) carry out projects--
                          (i) to exchange water data, including data on 
                      water quality; or
                          (ii) that evaluate, demonstrate, or install 
                      new and emerging, but proven, water technology; 
                      and
                    (C) develop a regional intended use plan, in 
                accordance with paragraph (3), to identify projects to 
                carry out, including projects using grants received 
                under this section.
            (3) Regional intended use plan.--A regional intended use 
        plan of a regional consortium established under paragraph (1)--
                    (A) shall identify projects that the regional 
                consortium intends to carry out, including projects that 
                meet the requirements of paragraph (2)(B); and
                    (B) may include--
                          (i) projects included in an intended use plan 
                      of a State prepared under section 606(c) of the 
                      Federal Water Pollution Control Act (33 U.S.C. 
                      1386(c)) within the regional consortium; and
                          (ii) projects not included in an intended use 
                      plan of a State prepared under section 606(c) of 
                      the Federal Water Pollution Control Act (33 U.S.C. 
                      1386(c)) within the regional consortium.

    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Administrator shall submit to Congress a report that 
describes the implementation of the pilot program, which shall include--
            (1) a description of the use and deployment of amounts made 
        available under the pilot program; and
            (2) an accounting of all grants awarded under the program, 
        including a description of each grant recipient and each project 
        funded using a grant under the pilot program.

    (f) Funding.--
            (1) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out the pilot program $15,000,000 for 
        each of fiscal years 2022 through 2026, to remain available 
        until expended.
            (2) Requirement.--Of the funds made available under 
        paragraph (1), not more than 35 percent may be used to provide 
        grants to regional consortia established under subsection (d).
SEC. 50214. FINAL RATING OPINION LETTERS.

    Section 5028(a)(1)(D)(ii) of the Water Infrastructure Finance and 
Innovation Act of 2014 (33 U.S.C. 3907(a)(1)(D)(ii)) is amended by 
striking ``final rating opinion letters from at least 2 rating 
agencies'' and inserting ``a final rating opinion letter from at least 1 
rating agency''.

[[Page 135 STAT. 1174]]

SEC. 50215. WATER INFRASTRUCTURE FINANCING REAUTHORIZATION.

    (a) In General.--Section 5033 of the Water Infrastructure Finance 
and Innovation Act of 2014 (33 U.S.C. 3912) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Fiscal years 2022 through 2026.--There is authorized 
        to be appropriated to the Administrator to carry out this 
        subtitle $50,000,000 for each of fiscal years 2022 through 2026, 
        to remain available until expended.'';
            (2) in subsection (b)(2)--
                    (A) in the paragraph heading, by striking ``2020 and 
                2021'' and inserting ``after 2019''; and
                    (B) by striking ``2020 and 2021'' and inserting 
                ``2022 through 2026''; and
            (3) in subsection (e)(1), by striking ``2020 and 2021'' and 
        inserting ``2022 through 2026''.

    (b) Outreach Plan.--The Water Infrastructure Finance and Innovation 
Act of 2014 (33 U.S.C. 3901 et seq.) is amended by adding at the end the 
following:
``SEC. 5036. <<NOTE: 33 USC 3915.>>  OUTREACH PLAN.

    ``(a) Definition of Rural Community.--In this section, the term 
`rural community' means a city, town, or unincorporated area that has a 
population of not more than 10,000 inhabitants.
    ``(b) <<NOTE: Deadline. Consultation.>> Outreach Required.--Not 
later than 180 days after the date of enactment of this section, the 
Administrator, in consultation with relevant Federal agencies, shall 
develop and begin implementation of an outreach plan to promote 
financial assistance available under this subtitle to small communities 
and rural communities.''.
SEC. 50216. SMALL AND DISADVANTAGED COMMUNITY ANALYSIS.

    (a) <<NOTE: Deadline.>> Analysis.--Not later than 2 years after the 
date of enactment of this Act, using environmental justice data of the 
Environmental Protection Agency, including data from the environmental 
justice mapping and screening tool of the Environmental Protection 
Agency, the Administrator shall carry out an analysis under which the 
Administrator shall assess the programs under title VI of the Federal 
Water Pollution Control Act (33 U.S.C. 1381 et seq.) and section 1452 of 
the Safe Drinking Water Act (42 U.S.C. 300j-12) to identify historical 
distributions of funds to small and disadvantaged communities and new 
opportunities and methods to improve on the distribution of funds under 
those programs to low-income communities, rural communities, minority 
communities, and communities of indigenous peoples, in accordance with 
Executive Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating 
to Federal actions to address environmental justice in minority 
populations and low-income populations).

    (b) Requirement.--The analysis under subsection (a) shall include an 
analysis, to the extent practicable, of communities in the United States 
that do not have access to drinking water or wastewater services.
    (c) Report.--On completion of the analysis under subsection (a), the 
Administrator shall submit to the Committee on Environment and Public 
Works of the Senate and the Committees on Energy and Commerce and 
Transportation and Infrastructure of the House of Representatives a 
report describing--
            (1) the results of the analysis; and

[[Page 135 STAT. 1175]]

            (2) the criteria the Administrator used in carrying out the 
        analysis.
SEC. 50217. <<NOTE: 33 USC 1302f.>>  STORMWATER INFRASTRUCTURE 
                            TECHNOLOGY.

    (a) Definitions.--In this section:
            (1) Center.--The term ``center'' means a center of 
        excellence for stormwater control infrastructure established 
        under subsection (b)(1).
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, Tribal, or local government; or
                    (B) a local, regional, or other public entity that 
                manages stormwater or wastewater resources or other 
                related water infrastructure.
            (3) Eligible institution.--The term ``eligible institution'' 
        means an institution of higher education, a research 
        institution, or a nonprofit organization--
                    (A) that has demonstrated excellence in researching 
                and developing new and emerging stormwater control 
                infrastructure technologies; and
                    (B) with respect to a nonprofit organization, the 
                core mission of which includes water management, as 
                determined by the Administrator.

    (b) Centers of Excellence for Stormwater Control Infrastructure 
Technologies.--
            (1) Establishment of centers.--
                    (A) <<NOTE: Grants.>> In general.--Subject to the 
                availability of appropriations, the Administrator shall 
                provide grants, on a competitive basis, to eligible 
                institutions to establish and maintain not less than 3, 
                and not more than 5, centers of excellence for new and 
                emerging stormwater control infrastructure technologies, 
                to be located in various regions throughout the United 
                States.
                    (B) General operation.--Each center shall--
                          (i) conduct research on new and emerging 
                      stormwater control infrastructure technologies 
                      that are relevant to the geographical region in 
                      which the center is located, including stormwater 
                      and sewer overflow reduction, other approaches to 
                      water resource enhancement, alternative funding 
                      approaches, and other environmental, economic, and 
                      social benefits, with the goal of improving the 
                      effectiveness, cost efficiency, and protection of 
                      public safety and water quality;
                          (ii) <<NOTE: Lists.>>  maintain a listing of--
                                    (I) stormwater control 
                                infrastructure needs; and
                                    (II) <<NOTE: Analysis.>> an analysis 
                                of new and emerging stormwater control 
                                infrastructure technologies that are 
                                available;
                          (iii) <<NOTE: Analysis.>> analyze whether 
                      additional financial programs for the 
                      implementation of new and emerging, but proven, 
                      stormwater control infrastructure technologies 
                      would be useful;
                          (iv) provide information regarding research 
                      conducted under clause (i) to the national 
                      electronic clearinghouse center for publication on 
                      the Internet website established under paragraph 
                      (3)(B)(i) to provide to the Federal Government and 
                      State, Tribal,

[[Page 135 STAT. 1176]]

                      and local governments and the private sector 
                      information regarding new and emerging, but 
                      proven, stormwater control infrastructure 
                      technologies;
                          (v) provide technical assistance to State, 
                      Tribal, and local governments to assist with the 
                      design, construction, operation, and maintenance 
                      of stormwater control infrastructure projects that 
                      use innovative technologies;
                          (vi) collaborate with institutions of higher 
                      education and private and public organizations, 
                      including community-based public-private 
                      partnerships and other stakeholders, in the 
                      geographical region in which the center is 
                      located; and
                          (vii) <<NOTE: Coordination.>> coordinate with 
                      the other centers to avoid duplication of efforts.
            (2) Application.--To be eligible to receive a grant under 
        this subsection, an eligible institution shall prepare and 
        submit to the Administrator an application at such time, in such 
        form, and containing such information as the Administrator may 
        require.
            (3) National electronic clearinghouse center.--Of the 
        centers established under paragraph (1)(A), 1 shall--
                    (A) be designated as the ``national electronic 
                clearinghouse center''; and
                    (B) in addition to the other functions of that 
                center--
                          (i) <<NOTE: Website.>> develop, operate, and 
                      maintain an Internet website and a public database 
                      that contains information relating to new and 
                      emerging, but proven, stormwater control 
                      infrastructure technologies; and
                          (ii) <<NOTE: Web posting.>> post to the 
                      website information from all centers.
            (4) Authorization of appropriations.--
                    (A) In general.--There is authorized to be 
                appropriated to carry out this subsection $5,000,000 for 
                each of fiscal years 2022 through 2026.
                    (B) Limitation on use of funds.--Of the amounts made 
                available for grants under subparagraph (A), not more 
                than 2 percent may be used to pay the administrative 
                costs of the Administrator.

    (c) Stormwater Control Infrastructure Project Grants.--
            (1) Grant authority.--Subject to the availability of 
        appropriations, the Administrator shall provide grants, on a 
        competitive basis, to eligible entities to carry out stormwater 
        control infrastructure projects that incorporate new and 
        emerging, but proven, stormwater control technologies in 
        accordance with this subsection.
            (2) Stormwater control infrastructure projects.--
                    (A) Planning and development grants.--The 
                Administrator may make planning and development grants 
                under this subsection for the following projects:
                          (i) Planning and designing stormwater control 
                      infrastructure projects that incorporate new and 
                      emerging, but proven, stormwater control 
                      technologies, including engineering surveys, 
                      landscape plans, maps, long-term operations and 
                      maintenance plans, and implementation plans.
                          (ii) <<NOTE: Standards.>>  Identifying and 
                      developing standards necessary to accommodate 
                      stormwater control infrastructure

[[Page 135 STAT. 1177]]

                      projects, including those projects that 
                      incorporate new and emerging, but proven, 
                      stormwater control technologies.
                          (iii) Identifying and developing fee 
                      structures to provide financial support for 
                      design, installation, and operations and 
                      maintenance of stormwater control infrastructure, 
                      including new and emerging, but proven, stormwater 
                      control infrastructure technologies.
                          (iv) Developing approaches for community-based 
                      public-private partnerships for the financing and 
                      construction of stormwater control infrastructure 
                      technologies, including feasibility studies, 
                      stakeholder outreach, and needs assessments.
                          (v) Developing and delivering training and 
                      educational materials regarding new and emerging, 
                      but proven, stormwater control infrastructure 
                      technologies for distribution to--
                                    (I) individuals and entities with 
                                applicable technical knowledge; and
                                    (II) the public.
                    (B) Implementation grants.--The Administrator may 
                make implementation grants under this subsection for the 
                following projects:
                          (i) Installing new and emerging, but proven, 
                      stormwater control infrastructure technologies.
                          (ii) Protecting or restoring interconnected 
                      networks of natural areas that protect water 
                      quality.
                          (iii) <<NOTE: Evaluation.>> Monitoring and 
                      evaluating the environmental, economic, or social 
                      benefits of stormwater control infrastructure 
                      technologies that incorporate new and emerging, 
                      but proven, stormwater control technology.
                          (iv) <<NOTE: Standard.>> Implementing a best 
                      practices standard for stormwater control 
                      infrastructure programs.
            (3) <<NOTE: Plans.>> Application.--Except as otherwise 
        provided in this section, to be eligible to receive a grant 
        under this subsection, an eligible entity shall prepare and 
        submit to the Administrator an application at such time, in such 
        form, and containing such information as the Administrator may 
        require, including, as applicable--
                    (A) a description of the stormwater control 
                infrastructure project that incorporates new and 
                emerging, but proven, technologies;
                    (B) a plan for monitoring the impacts and pollutant 
                load reductions associated with the stormwater control 
                infrastructure project on the water quality and 
                quantity;
                    (C) <<NOTE: Evaluation.>> an evaluation of other 
                environmental, economic, and social benefits of the 
                stormwater control infrastructure project; and
                    (D) a plan for the long-term operation and 
                maintenance of the stormwater control infrastructure 
                project and a tracking system, such as asset management 
                practices.
            (4) <<NOTE: Determinations.>> Priority.--In making grants 
        under this subsection, the Administrator shall give priority to 
        applications submitted on behalf of--
                    (A) a community that--
                          (i) has municipal combined storm and sanitary 
                      sewers in the collection system of the community; 
                      or

[[Page 135 STAT. 1178]]

                          (ii) is a small, rural, or disadvantaged 
                      community, as determined by the Administrator; or
                    (B) an eligible entity that will use not less than 
                15 percent of the grant to provide service to a small, 
                rural, or disadvantaged community, as determined by the 
                Administrator.
            (5) Maximum amounts.--
                    (A) Planning and development grants.--
                          (i) Single grant.--The amount of a single 
                      planning and development grant provided under this 
                      subsection shall be not more than $200,000.
                          (ii) Aggregate amount.--The total amount of 
                      all planning and development grants provided under 
                      this subsection for a fiscal year shall be not 
                      more than \1/3\ of the total amount made available 
                      to carry out this subsection.
                    (B) Implementation grants.--
                          (i) Single grant.--The amount of a single 
                      implementation grant provided under this 
                      subsection shall be not more than $2,000,000.
                          (ii) Aggregate amount.--The total amount of 
                      all implementation grants provided under this 
                      subsection for a fiscal year shall be not more 
                      than \2/3\ of the total amount made available to 
                      carry out this subsection.
            (6) Federal share.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Federal share of a grant provided under this 
                subsection shall not exceed 80 percent of the total 
                project cost.
                    (B) Credit for implementation grants.--The 
                Administrator shall credit toward the non-Federal share 
                of the cost of an implementation project carried out 
                under this subsection the cost of planning, design, and 
                construction work completed for the project using funds 
                other than funds provided under this section.
                    (C) <<NOTE: Waiver.>> Exception.--The Administrator 
                may waive the Federal share limitation under 
                subparagraph (A) for an eligible entity that has 
                adequately demonstrated financial need.

    (d) Report to Congress.--Not later than 2 years after the date on 
which the Administrator first awards a grant under this section, the 
Administrator shall submit to Congress a report that includes, with 
respect to the period covered by the report--
            (1) a description of all grants provided under this section;
            (2) a detailed description of--
                    (A) the projects supported by those grants; and
                    (B) the outcomes of those projects;
            (3) a description of the improvements in technology, 
        environmental benefits, resources conserved, efficiencies, and 
        other benefits of the projects funded under this section;
            (4) <<NOTE: Recommenda- tions.>> recommendations for 
        improvements to promote and support new and emerging, but 
        proven, stormwater control infrastructure, including research 
        into new and emerging technologies, for the centers, grants, and 
        activities under this section; and

[[Page 135 STAT. 1179]]

            (5) a description of existing challenges concerning the use 
        of new and emerging, but proven, stormwater control 
        infrastructure.

    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section (except for subsection (b)) $10,000,000 
        for each of fiscal years 2022 through 2026.
            (2) Limitation on use of funds.--Of the amounts made 
        available for grants under paragraph (1), not more than 2 
        percent may be used to pay the administrative costs of the 
        Administrator.
SEC. 50218. WATER REUSE INTERAGENCY WORKING GROUP.

    (a) <<NOTE: Deadline. Establishment.>> In General.--Not later than 
180 days after the date of enactment of this Act, the Administrator 
shall establish a Water Reuse Interagency Working Group (referred to in 
this section as the ``Working Group'').

    (b) <<NOTE: Coordination.>>  Purpose.--The purpose of the Working 
Group is to develop and coordinate actions, tools, and resources to 
advance water reuse across the United States, including through the 
implementation of the February 2020 National Water Reuse Action Plan, 
which creates opportunities for water reuse in the mission areas of each 
of the Federal agencies included in the Working Group under subsection 
(c) (referred to in this section as the ``Action Plan'').

    (c) Chairperson; Membership.--The Working Group shall be--
            (1) chaired by the Administrator; and
            (2) <<NOTE: Determination.>> comprised of senior 
        representatives from such Federal agencies as the Administrator 
        determines to be appropriate.

    (d) Duties of the Working Group.--In carrying out this section, the 
Working Group shall--
            (1) with respect to water reuse, leverage the expertise of 
        industry, the research community, nongovernmental organizations, 
        and government;
            (2) seek to foster water reuse as an important component of 
        integrated water resources management;
            (3) conduct an assessment of new opportunities to advance 
        water reuse and annually update the Action Plan with new 
        actions, as necessary, to pursue those opportunities;
            (4) seek to coordinate Federal programs and policies to 
        support the adoption of water reuse;
            (5) consider how each Federal agency can explore and 
        identify opportunities to support water reuse through the 
        programs and activities of that Federal agency; and
            (6) consult, on a regular basis, with representatives of 
        relevant industries, the research community, and nongovernmental 
        organizations.

    (e) Report.--Not less frequently than once every 2 years, the 
Administrator shall submit to Congress a report on the activities and 
findings of the Working Group.
    (f) Sunset.--
            (1) In general.--Subject to paragraph (2), the Working Group 
        shall terminate on the date that is 6 years after the date of 
        enactment of this Act.
            (2) Extension.--The Administrator may extend the date of 
        termination of the Working Group under paragraph (1).

[[Page 135 STAT. 1180]]

SEC. 50219. ADVANCED CLEAN WATER TECHNOLOGIES STUDY.

    (a) <<NOTE: Deadline.>>  In General.--Subject to the availability of 
appropriations, not later than 2 years after the date of enactment of 
this Act, the Administrator shall carry out a study that examines the 
state of existing and potential future technology, including technology 
that could address cybersecurity vulnerabilities, that enhances or could 
enhance the treatment, monitoring, affordability, efficiency, and safety 
of wastewater services provided by a treatment works (as defined in 
section 212 of the Federal Water Pollution Control Act (33 U.S.C. 
1292)).

    (b) Report.--The Administrator shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report that describes the 
results of the study under subsection (a).
SEC. 50220. CLEAN WATERSHEDS NEEDS SURVEY.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by adding at the end the following:
``SEC. 609. <<NOTE: 33 USC 1389.>>  CLEAN WATERSHEDS NEEDS SURVEY.

    ``(a) <<NOTE: Deadline. Time period.>>  Requirement.--Not later than 
2 years after the date of enactment of this section, and not less 
frequently than once every 4 years thereafter, the Administrator shall--
            ``(1) <<NOTE: Assessment.>>  conduct and complete an 
        assessment of capital improvement needs for all projects that 
        are eligible under section 603(c) for assistance from State 
        water pollution control revolving funds; and
            ``(2) <<NOTE: Reports.>>  submit to Congress a report 
        describing the results of the assessment completed under 
        paragraph (1).

    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the initial needs survey under subsection (a) 
$5,000,000, to remain available until expended.''.
SEC. 50221. WATER RESOURCES RESEARCH ACT AMENDMENTS.

    (a) Clarification of Research Activities.--Section 104(b)(1) of the 
Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1)) is 
amended--
            (1) in subparagraph (B)(ii), by striking ``water-related 
        phenomena'' and inserting ``water resources''; and
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''.

    (b) Compliance Report.--Section 104 of the Water Resources Research 
Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Grants.--
            ``(1) In general.--From the sums appropriated pursuant to 
        subsection (f), the Secretary shall make grants to each 
        institute to be matched on a basis of no less than 1 non-Federal 
        dollar for every 1 Federal dollar.
            ``(2) Report.--Not later than December 31 of each fiscal 
        year, the Secretary shall submit to the Committee on Environment 
        and Public Works of the Senate, the Committee on the Budget of 
        the Senate, the Committee on Transportation and Infrastructure 
        of the House of Representatives, and the Committee on the Budget 
        of the House of Representatives a report regarding the 
        compliance of each funding recipient with this subsection for 
        the immediately preceding fiscal year.''.

[[Page 135 STAT. 1181]]

    (c) Evaluation of Water Resources Research Program.--Section 104 of 
the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended by 
striking subsection (e) and inserting the following:
    ``(e) <<NOTE: Determinations.>>  Evaluation of Water Resources 
Research Program.--
            ``(1) <<NOTE: Time period.>>  In general.--The Secretary 
        shall conduct a careful and detailed evaluation of each 
        institute at least once every 5 years to determine--
                    ``(A) the quality and relevance of the water 
                resources research of the institute;
                    ``(B) the effectiveness of the institute at 
                producing measured results and applied water supply 
                research; and
                    ``(C) whether the effectiveness of the institute as 
                an institution for planning, conducting, and arranging 
                for research warrants continued support under this 
                section.
            ``(2) Prohibition on further support.--If, as a result of an 
        evaluation under paragraph (1), the Secretary determines that an 
        institute does not qualify for further support under this 
        section, no further grants to the institute may be provided 
        until the qualifications of the institute are reestablished to 
        the satisfaction of the Secretary.''.

    (d) Authorization of Appropriations.--Section 104(f)(1) of the Water 
Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended by 
striking ``fiscal years 2007 through 2011'' and inserting ``fiscal years 
2022 through 2025''.
    (e) Additional Appropriations Where Research Focused on Water 
Problems of Interstate Nature.--Section 104(g)(1) of the Water Resources 
Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended in the first 
sentence by striking ``$6,000,000 for each of fiscal years 2007 through 
2011'' and inserting ``$3,000,000 for each of fiscal years 2022 through 
2025''.
SEC. 50222. ENHANCED AQUIFER USE AND RECHARGE.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is amended by adding at the end the following:
``SEC. 124. <<NOTE: 33 USC 1276.>>  ENHANCED AQUIFER USE AND 
                        RECHARGE.

    ``(a) In General.--Subject to the availability of appropriations, 
the Administrator shall provide funding to carry out groundwater 
research on enhanced aquifer use and recharge in support of sole-source 
aquifers, of which--
            ``(1) <<NOTE: Grants.>>  not less than 50 percent shall be 
        used to provide 1 grant to a State, unit of local government, or 
        Indian Tribe to carry out activities that would directly support 
        that research; and
            ``(2) the remainder shall be provided to 1 appropriate 
        research center.

    ``(b) Coordination.--As a condition of accepting funds under 
subsection (a), the State, unit of local government, or Indian Tribe and 
the appropriate research center that receive funds under that subsection 
shall establish a formal research relationship for the purpose of 
coordinating efforts under this section.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $5,000,000 
for each of fiscal years 2022 through 2026.''.

[[Page 135 STAT. 1182]]

                          DIVISION F--BROADBAND

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

SEC. 60101. <<NOTE: 47 USC 1701.>>  FINDINGS.

    Congress finds the following:
            (1) Access to affordable, reliable, high-speed broadband is 
        essential to full participation in modern life in the United 
        States.
            (2) The persistent ``digital divide'' in the United States 
        is a barrier to the economic competitiveness of the United 
        States and equitable distribution of essential public services, 
        including health care and education.
            (3) The digital divide disproportionately affects 
        communities of color, lower-income areas, and rural areas, and 
        the benefits of broadband should be broadly enjoyed by all.
            (4) In many communities across the country, increased 
        competition among broadband providers has the potential to offer 
        consumers more affordable, high-quality options for broadband 
        service.
            (5) The 2019 novel coronavirus pandemic has underscored the 
        critical importance of affordable, high-speed broadband for 
        individuals, families, and communities to be able to work, 
        learn, and connect remotely while supporting social distancing.
SEC. 60102. <<NOTE: 47 USC 1702.>>  GRANTS FOR BROADBAND 
                            DEPLOYMENT.

    (a) Definitions.--
            (1) Areas, locations, and institutions lacking broadband 
        access.--In this section:
                    (A) Unserved location.--The term ``unserved 
                location'' means a broadband-serviceable location, as 
                determined in accordance with the broadband DATA maps, 
                that--
                          (i) has no access to broadband service; or
                          (ii) lacks access to reliable broadband 
                      service offered with--
                                    (I) a speed of not less than--
                                            (aa) 25 megabits per second 
                                        for downloads; and
                                            (bb) 3 megabits per second 
                                        for uploads; and
                                    (II) a latency sufficient to support 
                                real-time, interactive applications.
                    (B) Unserved service project.--The term ``unserved 
                service project'' means a project in which not less than 
                80 percent of broadband-serviceable locations served by 
                the project are unserved locations.
                    (C) Underserved location.--The term ``underserved 
                location'' means a location--
                          (i) that is not an unserved location; and
                          (ii) as determined in accordance with the 
                      broadband DATA maps, lacks access to reliable 
                      broadband service offered with--

[[Page 135 STAT. 1183]]

                                    (I) a speed of not less than--
                                            (aa) 100 megabits per second 
                                        for downloads; and
                                            (bb) 20 megabits per second 
                                        for uploads; and
                                    (II) a latency sufficient to support 
                                real-time, interactive applications.
                    (D) Underserved service project.--The term 
                ``underserved service project'' means a project in which 
                not less than 80 percent of broadband-serviceable 
                locations served by the project are unserved locations 
                or underserved locations.
                    (E) Eligible community anchor institution.--The term 
                ``eligible community anchor institution'' means a 
                community anchor institution that lacks access to 
                gigabit-level broadband service.
            (2) Other definitions.--In this section:
                    (A) Assistant secretary.--The term ``Assistant 
                Secretary'' means the Assistant Secretary of Commerce 
                for Communications and Information.
                    (B) Broadband; broadband service.--The term 
                ``broadband'' or ``broadband service'' has the meaning 
                given the term ``broadband internet access service'' in 
                section 8.1(b) of title 47, Code of Federal Regulations, 
                or any successor regulation.
                    (C) Broadband data maps.--The term ``broadband DATA 
                maps'' means the maps created under section 802(c)(1) of 
                the Communications Act of 1934 (47 U.S.C. 642(c)(1)).
                    (D) Commission.--The term ``Commission'' means the 
                Federal Communications Commission.
                    (E) Community anchor institution.--The term 
                ``community anchor institution'' means an entity such as 
                a school, library, health clinic, health center, 
                hospital or other medical provider, public safety 
                entity, institution of higher education, public housing 
                organization, or community support organization that 
                facilitates greater use of broadband service by 
                vulnerable populations, including low-income 
                individuals, unemployed individuals, and aged 
                individuals.
                    (F) Eligible entity.--The term ``eligible entity'' 
                means a State.
                    (G) High-cost area.--
                          (i) <<NOTE: Determination. Consultations.>>  
                      In general.--The term ``high-cost area'' means an 
                      unserved area in which the cost of building out 
                      broadband service is higher, as compared with the 
                      average cost of building out broadband service in 
                      unserved areas in the United States (as determined 
                      by the Assistant Secretary, in consultation with 
                      the Commission), incorporating factors that 
                      include--
                                    (I) the remote location of the area;
                                    (II) the lack of population density 
                                of the area;
                                    (III) the unique topography of the 
                                area;
                                    (IV) a high rate of poverty in the 
                                area; or
                                    (V) any other factor identified by 
                                the Assistant Secretary, in consultation 
                                with the Commission,

[[Page 135 STAT. 1184]]

                                that contributes to the higher cost of 
                                deploying broadband service in the area.
                          (ii) Unserved area.--For purposes of clause 
                      (i), the term ``unserved area'' means an area in 
                      which not less than 80 percent of broadband-
                      serviceable locations are unserved locations.
                    (H) Location; broadband-serviceable location.--The 
                terms ``location'' and ``broadband-serviceable 
                location'' have the meanings given those terms by the 
                Commission under rules and guidance that are in effect, 
                as of the date of enactment of this Act.
                    (I) Priority broadband project.--The term ``priority 
                broadband project'' means a project designed to--
                          (i) <<NOTE: Criteria. Determination.>>  
                      provide broadband service that meets speed, 
                      latency, reliability, consistency in quality of 
                      service, and related criteria as the Assistant 
                      Secretary shall determine; and
                          (ii) ensure that the network built by the 
                      project can easily scale speeds over time to--
                                    (I) meet the evolving connectivity 
                                needs of households and businesses; and
                                    (II) support the deployment of 5G, 
                                successor wireless technologies, and 
                                other advanced services.
                    (J) Program.--The term ``Program'' means the 
                Broadband Equity, Access, and Deployment Program 
                established under subsection (b)(1).
                    (K) Project.--The term ``project'' means an 
                undertaking by a subgrantee under this section to 
                construct and deploy infrastructure for the provision of 
                broadband service.
                    (L) <<NOTE: Criteria. Determination.>>  Reliable 
                broadband service.--The term ``reliable broadband 
                service'' means broadband service that meets performance 
                criteria for service availability, adaptability to 
                changing end-user requirements, length of serviceable 
                life, or other criteria, other than upload and download 
                speeds, as determined by the Assistant Secretary in 
                coordination with the Commission.
                    (M) <<NOTE: Applicability.>> State.--The term 
                ``State'' has the meaning given the term in section 158 
                of the National Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 942), except 
                that that definition shall be applied by striking ``, 
                and any other territory or possession of the United 
                States''.
                    (N) Subgrantee.--The term ``subgrantee'' means an 
                entity that receives grant funds from an eligible entity 
                to carry out activities under subsection (f).

    (b) <<NOTE: Grants.>> Broadband Equity, Access, and Deployment 
Program.--
            (1) <<NOTE: Deadline.>> Establishment.--Not later than 180 
        days after the date of enactment of this Act, the Assistant 
        Secretary shall establish a grant program, to be known as the 
        ``Broadband Equity, Access, and Deployment Program'', under 
        which the Assistant Secretary makes grants to eligible entities, 
        in accordance with this section, to bridge the digital divide.
            (2) Authorization of appropriations.--There is authorized to 
        be appropriated to the Assistant Secretary to carry out the 
        Program $42,450,000,000.

[[Page 135 STAT. 1185]]

            (3) <<NOTE: Notice.>> Obligation timeline.--The Assistant 
        Secretary shall obligate all amounts appropriated pursuant to 
        paragraph (2) in an expedient manner after the Assistant 
        Secretary issues the notice of funding opportunity under 
        subsection (e)(1).
            (4) Technical support and assistance.--
                    (A) <<NOTE: Consultation.>> Program assistance.--As 
                part of the Program, the Assistant Secretary, in 
                consultation with the Commission, shall provide 
                technical support and assistance to eligible entities to 
                facilitate their participation in the Program, including 
                by assisting eligible entities with--
                          (i) the development of grant applications 
                      under the Program;
                          (ii) <<NOTE: Plans. Procedures.>>  the 
                      development of plans and procedures for 
                      distribution of funds under the Program; and
                          (iii) <<NOTE: Determination.>>  other 
                      technical support as determined by the Assistant 
                      Secretary.
                    (B) General assistance.--The Assistant Secretary 
                shall provide technical and other assistance to eligible 
                entities--
                          (i) to support the expansion of broadband, 
                      with priority for--
                                    (I) expansion in rural areas; and
                                    (II) eligible entities that 
                                consistently rank below most other 
                                eligible entities with respect to 
                                broadband access and deployment; and
                          (ii) regarding cybersecurity resources and 
                      programs available through Federal agencies, 
                      including the Election Assistance Commission, the 
                      Cybersecurity and Infrastructure Security Agency, 
                      the Federal Trade Commission, and the National 
                      Institute of Standards and Technology.

    (c) Allocation.--
            (1) Allocation for high-cost areas.--
                    (A) <<NOTE: Effective date.>> In general.--On or 
                after the date on which the broadband DATA maps are made 
                public, the Assistant Secretary shall allocate to 
                eligible entities, in accordance with subparagraph (B) 
                of this paragraph, 10 percent of the amount appropriated 
                pursuant to subsection (b)(2).
                    (B) Formula.--The Assistant Secretary shall 
                calculate the amount allocated to an eligible entity 
                under subparagraph (A) by--
                          (i) dividing the number of unserved locations 
                      in high-cost areas in the eligible entity by the 
                      total number of unserved locations in high-cost 
                      areas in the United States; and
                          (ii) multiplying the quotient obtained under 
                      clause (i) by the amount made available under 
                      subparagraph (A).
            (2) Minimum initial allocation.--Of the amount appropriated 
        pursuant to subsection (b)(2)--
                    (A) except as provided in subparagraph (B) of this 
                paragraph, $100,000,000 shall be allocated to each 
                State; and
                    (B) $100,000,000 shall be allocated to, and divided 
                equally among, the United States Virgin Islands, Guam, 
                American Samoa, and the Commonwealth of the Northern 
                Mariana Islands.

[[Page 135 STAT. 1186]]

            (3) Allocation of remaining amounts.--
                    (A) <<NOTE: Effective date.>> In general.--On or 
                after the date on which the broadband DATA maps are made 
                public, of the amount appropriated pursuant to 
                subsection (b)(2), the Assistant Secretary shall 
                allocate to eligible entities, in accordance with 
                subparagraph (B) of this paragraph, the amount remaining 
                after compliance with paragraphs (1) and (2) of this 
                subsection.
                    (B) Allocation.--The amount allocated to an eligible 
                entity under subparagraph (B) shall be calculated by--
                          (i) dividing the number of unserved locations 
                      in the eligible entity by the total number of 
                      unserved locations in the United States; and
                          (ii) multiplying the quotient obtained under 
                      clause (i) by the amount made available under 
                      subparagraph (A).
            (4) Availability conditioned on approval of applications.--
        The availability of amounts allocated under paragraph (1), (2), 
        or (3) to an eligible entity shall be subject to approval by the 
        Assistant Secretary of the letter of intent, initial proposal, 
        or final proposal of the eligible entity, as applicable, under 
        subsection (e).
            (5) Contingency procedures.--
                    (A) Definition.--In this paragraph, the term 
                ``covered application'' means a letter of intent, 
                initial proposal, or final proposal under this section.
                    (B) Political subdivisions and consortia.--
                          (i) Application failures.--The Assistant 
                      Secretary, in carrying out the Program, shall 
                      provide that if an eligible entity fails to submit 
                      a covered application by the applicable deadline, 
                      or a covered application submitted by an eligible 
                      entity is not approved by the applicable deadline, 
                      a political subdivision or consortium of political 
                      subdivisions of the eligible entity may submit the 
                      applicable type of covered application in place of 
                      the eligible entity.
                          (ii) Treatment of political subdivision or 
                      consortium as eligible entity.--In the case of a 
                      political subdivision or consortium of political 
                      subdivisions that submits a covered application 
                      under clause (i) that is approved by the Assistant 
                      Secretary--
                                    (I) except as provided in subclause 
                                (II) of this clause, any reference in 
                                this section to an eligible entity shall 
                                be deemed to refer to the political 
                                subdivision or consortium; and
                                    (II) any reference in this section 
                                to an eligible entity in a geographic 
                                sense shall be deemed to refer to the 
                                eligible entity in whose place the 
                                political subdivision or consortium 
                                submitted the covered application.
                    (C) Reallocation to other eligible entities.--
                          (i) Application failures.--The Assistant 
                      Secretary, in carrying out the Program, shall 
                      provide that if an eligible entity fails to submit 
                      a covered application by the applicable deadline, 
                      or a covered application submitted by an eligible 
                      entity is not approved by the applicable deadline, 
                      as provided in subparagraph

[[Page 135 STAT. 1187]]

                      (A)), and no political subdivision or consortium 
                      of political subdivisions of the eligible entity 
                      submits a covered application by the applicable 
                      deadline, or no covered application submitted by 
                      such a political subdivision or consortium is 
                      approved by the applicable deadline, as provided 
                      in subparagraph (B), the Assistant Secretary--
                                    (I) shall reallocate the amounts 
                                that would have been available to the 
                                eligible entity pursuant to that type of 
                                covered application to other eligible 
                                entities that submitted that type of 
                                covered application by the applicable 
                                deadline; and
                                    (II) shall reallocate the amounts 
                                described in subclause (I) of this 
                                clause in accordance with the formula 
                                under paragraph (3).
                          (ii) Failure to use full allocation.--The 
                      Assistant Secretary, in carrying out the Program, 
                      shall provide that if an eligible entity fails to 
                      use the full amount allocated to the eligible 
                      entity under this subsection by the applicable 
                      deadline, the Assistant Secretary--
                                    (I) shall reallocate the unused 
                                amounts to other eligible entities with 
                                approved final proposals; and
                                    (II) shall reallocate the amounts 
                                described in subclause (I) in accordance 
                                with the formula under paragraph (3).

    (d) Administrative Expenses.--
            (1) Assistant secretary.--The Assistant Secretary may use 
        not more than 2 percent of amounts appropriated pursuant to 
        subsection (b) for administrative purposes.
            (2) Eligible entities.--
                    (A) Pre-deployment planning.--An eligible entity may 
                use not more than 5 percent of the amount allocated to 
                the eligible entity under subsection (c)(2) for the 
                planning and pre-deployment activities under subsection 
                (e)(1)(C).
                    (B) Administration.--An eligible entity may use not 
                more than 2 percent of the grant amounts made available 
                to the eligible entity under subsection (e) for expenses 
                relating (directly or indirectly) to administration of 
                the grant.

    (e) Implementation.--
            (1) Initial program deployment and planning.--
                    (A) <<NOTE: Deadline.>> Notice of funding 
                opportunity; process.--Not later than 180 days after the 
                date of enactment of this Act, the Assistant Secretary 
                shall--
                          (i) issue a notice of funding opportunity for 
                      the Program that--
                                    (I) notifies eligible entities of--
                                            (aa) the establishment of 
                                        the Program; and
                                            (bb) the amount of the 
                                        minimum initial allocation to 
                                        each eligible entity under 
                                        subsection (c)(2);
                                    (II) invites eligible entities to 
                                submit letters of intent under 
                                subparagraph (B) in order to--
                                            (aa) participate in the 
                                        Program; and

[[Page 135 STAT. 1188]]

                                            (bb) receive funding for 
                                        planning and pre-deployment 
                                        activities under subparagraph 
                                        (C);
                                    (III) contains details about the 
                                Program, including an outline of the 
                                requirements for--
                                            (aa) applications for grants 
                                        under the Program, which shall 
                                        consist of letters of intent, 
                                        initial proposals, and final 
                                        proposals; and
                                            (bb) allowed uses of grant 
                                        amounts awarded under this 
                                        section, as provided in 
                                        subsection (f); and
                                    (IV) <<NOTE: Determination.>>  
                                includes any other information 
                                determined relevant by the Assistant 
                                Secretary;
                          (ii) establish a process, in accordance with 
                      subparagraph (C), through which to provide funding 
                      to eligible entities for planning and pre-
                      deployment activities;
                          (iii) <<NOTE: Public information. Web 
                      posting.>> develop and make public a standard 
                      online application form that an eligible entity 
                      may use to submit an initial proposal and final 
                      proposal for the grant amounts allocated to the 
                      eligible entity under subsection (c);
                          (iv) <<NOTE: Publication. Proposals.>> publish 
                      a template--
                                    (I) initial proposal that complies 
                                with paragraph (3)(A); and
                                    (II) final proposal that complies 
                                with paragraph (4)(A); and
                          (v) <<NOTE: Consultation.>>  in consultation 
                      with the Commission, establish standards for how 
                      an eligible entity shall assess the capabilities 
                      and capacities of a prospective subgrantee under 
                      subsection (g)(2)(A).
                    (B) Letter of intent.--
                          (i) In general.--An eligible entity that 
                      wishes to participate in the Program shall file a 
                      letter of intent to participate in the Program 
                      consistent with this subparagraph.
                          (ii) Form and contents.--The Assistant 
                      Secretary may establish the form and contents 
                      required for a letter of intent under this 
                      subparagraph, which contents may include--
                                    (I) details of--
                                            (aa) the existing broadband 
                                        program or office of the 
                                        eligible entity, including--
                                                (AA) activities that the 
                                            program or office currently 
                                            conducts;
                                                (BB) the number of 
                                            rounds of broadband 
                                            deployment grants that the 
                                            eligible entity has awarded, 
                                            if applicable;
                                                (CC) whether the 
                                            eligible entity has an 
                                            eligible entity-wide plan 
                                            and goal for availability of 
                                            broadband, and any relevant 
                                            deadlines, as applicable; 
                                            and
                                                (DD) the amount of 
                                            funding that the eligible 
                                            entity has available for 
                                            broadband deployment or 
                                            other broadband-related 
                                            activities, including data 
                                            collection and local 
                                            planning, and the sources of 
                                            that funding, including 
                                            whether the funds are

[[Page 135 STAT. 1189]]

                                            from the eligible entity or 
                                            from the Federal Government 
                                            under the American Rescue 
                                            Plan Act of 2021 (Public Law 
                                            117-2);
                                            (bb) the number of full-time 
                                        employees and part-time 
                                        employees of the eligible entity 
                                        who will assist in administering 
                                        amounts received under the 
                                        Program and the duties assigned 
                                        to those employees;
                                            (cc) relevant contracted 
                                        support; and
                                            
                                        (dd) <<NOTE: Timeline. Requiremen
                                        ts.>> the goals of the eligible 
                                        entity for the use of amounts 
                                        received under the Program, the 
                                        process that the eligible entity 
                                        will use to distribute those 
                                        amounts to subgrantees, the 
                                        timeline for awarding subgrants, 
                                        and oversight and reporting 
                                        requirements that the eligible 
                                        entity will impose on 
                                        subgrantees;
                                    (II) the identification of known 
                                barriers or challenges to developing and 
                                administering a program to administer 
                                grants received under the Program, if 
                                applicable;
                                    (III) the identification of the 
                                additional capacity needed by the 
                                eligible entity to implement the 
                                requirements under this section, such 
                                as--
                                            (aa) enhancing the capacity 
                                        of the broadband program or 
                                        office of the eligible entity by 
                                        receiving technical assistance 
                                        from Federal entities or other 
                                        partners, hiring additional 
                                        employees, or obtaining support 
                                        from contracted entities; or
                                            (bb) acquiring additional 
                                        programmatic information or 
                                        data, such as through surveys or 
                                        asset inventories;
                                    (IV) an explanation of how the needs 
                                described in subclause (III) were 
                                identified and how funds may be used to 
                                address those needs, including target 
                                areas;
                                    (V) details of any relevant 
                                partners, such as organizations that may 
                                inform broadband deployment and adoption 
                                planning; and
                                    (VI) <<NOTE: Determination.>>  any 
                                other information determined relevant by 
                                the Assistant Secretary.
                    (C) <<NOTE: Determinations.>> Planning funds.--
                          (i) In general.--The Assistant Secretary shall 
                      establish a process through which an eligible 
                      entity, in submitting a letter of intent under 
                      subparagraph (B), may request access to not more 
                      than 5 percent of the amount allocated to the 
                      eligible entity under subsection (c)(2) for use 
                      consistent with this subparagraph.
                          (ii) Funding availability.--If the Assistant 
                      Secretary approves a request from an eligible 
                      entity under clause (i), the Assistant Secretary 
                      shall make available to the eligible entity an 
                      amount, as determined appropriate by the Assistant 
                      Secretary, that is not more than 5 percent of the 
                      amount allocated to the eligible entity under 
                      subsection (c)(2).

[[Page 135 STAT. 1190]]

                          (iii) Eligible use.--The Assistant Secretary 
                      shall determine the allowable uses of amounts made 
                      available under clause (ii), which may include--
                                    (I) research and data collection, 
                                including initial identification of 
                                unserved locations and underserved 
                                locations;
                                    (II) the development of a 
                                preliminary budget for pre-planning 
                                activities;
                                    (III) publications, outreach, and 
                                communications support;
                                    (IV) providing technical assistance, 
                                including through workshops and events;
                                    (V) training for employees of the 
                                broadband program or office of the 
                                eligible entity or employees of 
                                political subdivisions of the eligible 
                                entity, and related staffing capacity or 
                                consulting or contracted support; and
                                    (VI) with respect to an office that 
                                oversees broadband programs and 
                                broadband deployment in an eligible 
                                entity, establishing, operating, or 
                                increasing the capacity of such a 
                                broadband office.
                    (D) Action plan.--
                          (i) <<NOTE: Time period.>> In general.--An 
                      eligible entity that receives funding from the 
                      Assistant Secretary under subparagraph (C) shall 
                      submit to the Assistant Secretary a 5-year action 
                      plan, which shall--
                                    (I) be informed by collaboration 
                                with local and regional entities; and
                                    (II) detail--
                                            (aa) investment priorities 
                                        and associated costs;
                                            (bb) alignment of planned 
                                        spending with economic 
                                        development, telehealth, and 
                                        related connectivity efforts.
                          (ii) Requirements of action plans.--The 
                      Assistant Secretary shall establish requirements 
                      for the 5-year action plan submitted by an 
                      eligible entity under clause (i), which may 
                      include requirements to--
                                    (I) address local and regional needs 
                                in the eligible entity with respect to 
                                broadband service;
                                    (II) <<NOTE: Proposal.>> propose 
                                solutions for the deployment of 
                                affordable broadband service in the 
                                eligible entity;
                                    (III) include localized data with 
                                respect to the deployment of broadband 
                                service in the eligible entity, 
                                including by identifying locations that 
                                should be prioritized for Federal 
                                support with respect to that deployment;
                                    (IV) ascertain how best to serve 
                                unserved locations in the eligible 
                                entity, whether through the 
                                establishment of cooperatives or public-
                                private partnerships;
                                    (V) identify the technical 
                                assistance that would be necessary to 
                                carry out the plan; and
                                    (VI) <<NOTE: Assessment.>>  assess 
                                the amount of time it would take to 
                                build out universal broadband service in 
                                the eligible entity.

[[Page 135 STAT. 1191]]

            (2) Notice of available amounts; invitation to submit 
        initial and final <<NOTE: Effective date. Coordination.>>  
        proposals.--On or after the date on which the broadband DATA 
        maps are made public, the Assistant Secretary, in coordination 
        with the Commission, shall issue a notice to each eligible 
        entity that--
                    (A) contains the estimated amount available to the 
                eligible entity under subsection (c); and
                    (B) invites the eligible entity to submit an initial 
                proposal and final proposal for a grant under this 
                section, in accordance with paragraphs (3) and (4) of 
                this subsection.
            (3) Initial proposal.--
                    (A) Submission.--
                          (i) In general.--After the Assistant Secretary 
                      issues the notice under paragraph (2), an eligible 
                      entity that wishes to receive a grant under this 
                      section shall submit an initial proposal for a 
                      grant, using the online application form developed 
                      by the Assistant Secretary under paragraph 
                      (1)(A)(iii), that--
                                    (I) outlines long-term objectives 
                                for deploying broadband, closing the 
                                digital divide, and enhancing economic 
                                growth and job creation, including--
                                            (aa) information developed 
                                        by the eligible entity as part 
                                        of the action plan submitted 
                                        under paragraph (1)(D), if 
                                        applicable; and
                                            (bb) information from any 
                                        comparable strategic plan 
                                        otherwise developed by the 
                                        eligible entity, if applicable;
                                    (II)(aa) identifies, and outlines 
                                steps to support, local and regional 
                                broadband planning processes or ongoing 
                                efforts to deploy broadband or close the 
                                digital divide; and
                                    (bb) describes coordination with 
                                local governments, along with local and 
                                regional broadband planning processes;
                                    (III) identifies existing efforts 
                                funded by the Federal Government or a 
                                State within the jurisdiction of the 
                                eligible entity to deploy broadband and 
                                close the digital divide;
                                    (IV) <<NOTE: Plan.>> includes a plan 
                                to competitively award subgrants to 
                                ensure timely deployment of broadband;
                                    (V) identifies--
                                            (aa) each unserved location 
                                        or underserved location under 
                                        the jurisdiction of the eligible 
                                        entity; and
                                            (bb) each community anchor 
                                        institution under the 
                                        jurisdiction of the eligible 
                                        entity that is an eligible 
                                        community anchor institution; 
                                        and
                                    
                                (VI) <<NOTE: Certification. Compliance.>> 
                                 certifies the intent of the eligible 
                                entity to comply with all applicable 
                                requirements under this section, 
                                including the reporting requirements 
                                under subsection (j)(1).
                          (ii) Local coordination.--
                                    (I) <<NOTE: Requirements.>> In 
                                general.--The Assistant Secretary shall 
                                establish local coordination 
                                requirements for

[[Page 135 STAT. 1192]]

                                eligible entities to follow, to the 
                                greatest extent practicable.
                                    (II) Requirements.-- The local 
                                coordination requirements established 
                                under subclause (I) shall include, at 
                                minimum, an opportunity for political 
                                subdivisions of an eligible entity to--
                                            (aa) <<NOTE: Plans.>> submit 
                                        plans for consideration by the 
                                        eligible entity; and
                                            (bb) comment on the initial 
                                        proposal of the eligible entity 
                                        before the initial proposal is 
                                        submitted to the Assistant 
                                        Secretary.
                    (B) Single initial proposal.--An eligible entity may 
                submit only 1 initial proposal under this paragraph.
                    (C) Corrections to initial proposal.--The Assistant 
                Secretary may accept corrections to the initial proposal 
                of an eligible entity after the initial proposal has 
                been submitted.
                    (D) Consideration of initial proposal.--After 
                receipt of an initial proposal for a grant under this 
                paragraph, the Assistant Secretary--
                          (i) shall acknowledge receipt;
                          (ii) if the initial proposal is complete--
                                    (I) <<NOTE: Determinations.>> shall 
                                determine whether the use of funds 
                                proposed in the initial proposal--
                                            (aa) complies with 
                                        subsection (f);
                                            (bb) is in the public 
                                        interest; and
                                            (cc) effectuates the 
                                        purposes of this Act;
                                    (II) shall approve or disapprove the 
                                initial proposal based on the 
                                determinations under subclause (I); and
                                    (III) if the Assistant Secretary 
                                approves the initial proposal under 
                                clause (ii)(II), shall make available to 
                                the eligible entity--
                                            (aa) 20 percent of the grant 
                                        funds that were allocated to the 
                                        eligible entity under subsection 
                                        (c); or
                                            (bb) a higher percentage of 
                                        the grant funds that were 
                                        allocated to the eligible entity 
                                        under subsection (c), at the 
                                        discretion of the Assistant 
                                        Secretary; and
                          (iii) <<NOTE: Notification.>> if the initial 
                      proposal is incomplete, or is disapproved under 
                      clause (ii)(II), shall notify the eligible entity 
                      and provide the eligible entity with an 
                      opportunity to resubmit the initial proposal.
                    (E) Consideration of resubmitted initial proposal.--
                After receipt of a resubmitted initial proposal for a 
                grant under this paragraph, the Assistant Secretary--
                          (i) shall acknowledge receipt;
                          (ii) if the initial proposal is complete--
                                    (I) <<NOTE: Determinations.>> shall 
                                determine whether the use of funds 
                                proposed in the initial proposal--
                                            (aa) complies with 
                                        subsection (f);
                                            (bb) is in the public 
                                        interest; and
                                            (cc) effectuates the 
                                        purposes of this Act;
                                    (II) shall approve or disapprove the 
                                initial proposal based on the 
                                determinations under subclause (I); and

[[Page 135 STAT. 1193]]

                                    (III) if the Assistant Secretary 
                                approves the initial proposal under 
                                clause (ii)(II), shall make available to 
                                the eligible entity--
                                            (aa) 20 percent of the grant 
                                        funds that were allocated to the 
                                        eligible entity under subsection 
                                        (c); or
                                            (bb) a higher percentage of 
                                        the grant funds that were 
                                        allocated to the eligible entity 
                                        under subsection (c), at the 
                                        discretion of the Assistant 
                                        Secretary; and
                          (iii) <<NOTE: Notification.>>  if the initial 
                      proposal is incomplete, or is disapproved under 
                      clause (ii)(II), shall notify the eligible entity 
                      and provide the eligible entity with an 
                      opportunity to resubmit the initial proposal.
            (4) Final proposal.--
                    (A) Submission.--
                          (i) In general.--After the Assistant Secretary 
                      approvals the initial proposal of an eligible 
                      entity under paragraph (3), the eligible entity 
                      may submit a final proposal for the remainder of 
                      the amount allocated to the eligible entity under 
                      subsection (c), using the online application form 
                      developed by the Assistant Secretary under 
                      paragraph (1)(A)(iii), that includes--
                                    (I) <<NOTE: Plan.>> a detailed plan 
                                that specifies how the eligible entity 
                                will--
                                            
                                        (aa) <<NOTE: Allocation.>> alloca
                                        te grant funds for the 
                                        deployment of broadband networks 
                                        to unserved locations and 
                                        underserved locations, in 
                                        accordance with subsection 
                                        (h)(1)(A)(i); and
                                            (bb) align the grant funds 
                                        allocated to the eligible entity 
                                        under subsection (c), where 
                                        practicable, with the use of 
                                        other funds that the eligible 
                                        entity receives from the Federal 
                                        Government, a State, or a 
                                        private entity for related 
                                        purposes;
                                    (II) <<NOTE: Timeline.>> a timeline 
                                for implementation;
                                    (III) processes for oversight and 
                                accountability to ensure the proper use 
                                of the grant funds allocated to the 
                                eligible entity under subsection (c); 
                                and
                                    (IV) a description of coordination 
                                with local governments, along with local 
                                and regional broadband planning 
                                processes.
                          (ii) Local coordination.--
                                    (I) <<NOTE: Requirements.>> In 
                                general.--The Assistant Secretary shall 
                                establish local coordination 
                                requirements for eligible entities to 
                                follow, to the greatest extent 
                                practicable.
                                    (II) Requirements.-- The local 
                                coordination requirements established 
                                under subclause (I) shall include, at 
                                minimum, an opportunity for political 
                                subdivisions of an eligible entity to--
                                            (aa) <<NOTE: Plans.>> submit 
                                        plans for consideration by the 
                                        eligible entity; and
                                            (bb) comment on the final 
                                        proposal of the eligible entity 
                                        before the final proposal is 
                                        submitted to the Assistant 
                                        Secretary.

[[Page 135 STAT. 1194]]

                          (iii) Federal coordination.--To ensure 
                      efficient and effective use of taxpayer funds, an 
                      eligible entity shall, to the greatest extent 
                      practicable, align the use of grant funds proposed 
                      in the final proposal under clause (i) with funds 
                      available from other Federal programs that support 
                      broadband deployment and access.
                    (B) Single final proposal.--An eligible entity may 
                submit only 1 final proposal under this paragraph.
                    (C) Corrections to final proposal.--The Assistant 
                Secretary may accept corrections to the final proposal 
                of an eligible entity after the final proposal has been 
                submitted.
                    (D) Consideration of final proposal.--After receipt 
                of a final proposal for a grant under this paragraph, 
                the Assistant Secretary--
                          (i) shall acknowledge receipt;
                          (ii) if the final proposal is complete--
                                    (I) <<NOTE: Determinations.>> shall 
                                determine whether the use of funds 
                                proposed in the final proposal--
                                            (aa) complies with 
                                        subsection (f);
                                            (bb) is in the public 
                                        interest; and
                                            (cc) effectuates the 
                                        purposes of this Act;
                                    (II) shall approve or disapprove the 
                                final proposal based on the 
                                determinations under subclause (I); and
                                    (III) if the Assistant Secretary 
                                approves the final proposal under clause 
                                (ii)(II), shall make available to the 
                                eligible entity the remainder of the 
                                grant funds allocated to the eligible 
                                entity under subsection (c); and
                          (iii) <<NOTE: Notification.>> if the final 
                      proposal is incomplete, or is disapproved under 
                      clause (ii)(II), shall notify the eligible entity 
                      and provide the eligible entity with an 
                      opportunity to resubmit the final proposal.
                    (E) Consideration of resubmitted final proposal.--
                After receipt of a resubmitted final proposal for a 
                grant under this paragraph, the Assistant Secretary--
                          (i) shall acknowledge receipt;
                          (ii) if the final proposal is complete--
                                    (I) <<NOTE: Determinations.>> shall 
                                determine whether the use of funds 
                                proposed in the final proposal--
                                            (aa) complies with 
                                        subsection (f);
                                            (bb) is in the public 
                                        interest; and
                                            (cc) effectuates the 
                                        purposes of this Act;
                                    (II) shall approve or disapprove the 
                                final proposal based on the 
                                determinations under subclause (I); and
                                    (III) if the Assistant Secretary 
                                approves the final proposal under clause 
                                (ii)(II), shall make available to the 
                                eligible entity the remainder of the 
                                grant funds allocated to the eligible 
                                entity under subsection (c); and
                          (iii) <<NOTE: Notification.>> if the final 
                      proposal is incomplete, or is disapproved under 
                      clause (ii)(II), shall notify the eligible entity 
                      and provide the eligible entity with an 
                      opportunity to resubmit the final proposal.

[[Page 135 STAT. 1195]]

    (f) Use of Funds.--An eligible entity may use grant funds received 
under this section to competitively award subgrants for--
            (1) unserved service projects and underserved service 
        projects;
            (2) connecting eligible community anchor institutions;
            (3) data collection, broadband mapping, and planning;
            (4) installing internet and Wi-Fi infrastructure or 
        providing reduced-cost broadband within a multi-family 
        residential building, with priority given to a residential 
        building that--
                    (A) has a substantial share of unserved households; 
                or
                    (B) is in a location in which the percentage of 
                individuals with a household income that is at or below 
                150 percent of the poverty line applicable to a family 
                of the size involved (as determined under section 673(2) 
                of the Community Services Block Grant Act (42 U.S.C. 
                9902(2)) is higher than the national percentage of such 
                individuals;
            (5) broadband adoption, including programs to provide 
        affordable internet-capable devices; and
            (6) <<NOTE: Determination.>> any use determined necessary by 
        the Assistant Secretary to facilitate the goals of the Program.

    (g) General Program Requirements.--
            (1) Subgrantee obligations.--A subgrantee, in carrying out 
        activities using amounts received from an eligible entity under 
        this section--
                    (A) shall adhere to quality-of-service standards, as 
                established by the Assistant Secretary;
                    (B) <<NOTE: Compliance. Consultation.>> shall comply 
                with prudent cybersecurity and supply chain risk 
                management practices, as specified by the Assistant 
                Secretary, in consultation with the Director of the 
                National Institute of Standards and Technology and the 
                Commission;
                    (C) shall incorporate best practices, as defined by 
                the Assistant Secretary, for ensuring reliability and 
                resilience of broadband infrastructure; and
                    (D) may not use the amounts to purchase or support--
                          (i) any covered communications equipment or 
                      service, as defined in section 9 of the Secure and 
                      Trusted Communications Networks Act of 2019 (47 
                      U.S.C. 1608); or
                          (ii) <<NOTE: Waiver.>>  fiber optic cable and 
                      optical transmission equipment manufactured in the 
                      People's Republic of China, except that the 
                      Assistant Secretary may waive the application of 
                      this clause with respect to a project if the 
                      eligible entity that awards a subgrant for the 
                      project shows that such application would 
                      unreasonably increase the cost of the project.
            (2) Eligible entity obligations.--In distributing funds to 
        subgrantees under this section, an eligible entity shall--
                    (A) ensure that any prospective subgrantee--
                          (i) is capable of carrying out activities 
                      funded by the subgrant in a competent manner in 
                      compliance with all applicable Federal, State, and 
                      local laws;
                          (ii) has the financial and managerial capacity 
                      to meet--
                                    (I) the commitments of the 
                                subgrantee under the subgrant;

[[Page 135 STAT. 1196]]

                                    (II) the requirements of the 
                                Program; and
                                    (III) such requirements as may be 
                                further prescribed by the Assistant 
                                Secretary; and
                          (iii) has the technical and operational 
                      capability to provide the services promised in the 
                      subgrant in the manner contemplated by the 
                      subgrant award;
                    (B) <<NOTE: Contracts.>> stipulate, in any contract 
                with a subgrantee for the use of such funds, reasonable 
                provisions for recovery of funds for nonperformance; and
                    (C)(i) distribute the funds in an equitable and non-
                discriminatory manner; and
                    (ii) <<NOTE: Contracts.>>  ensure, through a 
                stipulation in any contract with a subgrantee for the 
                use of such funds, that each subgrantee uses the funds 
                in an equitable and nondiscriminatory manner.
            (3) Deobligation of awards; internet disclosure.--The 
        Assistant Secretary--
                    (A) <<NOTE: Coordination.>>  shall establish, in 
                coordination with relevant Federal and State partners, 
                appropriate mechanisms to ensure appropriate use of 
                funds made available under this section;
                    (B) may, in addition to other authority under 
                applicable law--
                          (i) deobligate grant funds awarded to an 
                      eligible entity that--
                                    (I) violates paragraph (2); or
                                    (II) demonstrates an insufficient 
                                level of performance, or wasteful or 
                                fraudulent spending, as defined in 
                                advance by the Assistant Secretary; and
                          (ii) award grant funds that are deobligated 
                      under clause (i) to new or existing applicants 
                      consistent with this section; and
                    (C) <<NOTE: Database. Web posting. Public 
                information.>>  shall create and maintain a fully 
                searchable database, accessible on the internet at no 
                cost to the public, that contains information sufficient 
                to allow the public to understand and monitor grants and 
                subgrants awarded under the Program.

    (h) Broadband Network Deployment.--
            (1) Order of awards; priority.--
                    (A) In general.--An eligible entity, in awarding 
                subgrants for the deployment of a broadband network 
                using grant funds received under this section, as 
                authorized under subsection (f)(1)--
                          (i) shall award funding in a manner that--
                                    (I) prioritizes unserved service 
                                projects;
                                    (II) after certifying to the 
                                Assistant Secretary that the eligible 
                                entity will ensure coverage of broadband 
                                service to all unserved locations within 
                                the eligible entity, prioritizes 
                                underserved service projects; and
                                    (III) after prioritizing underserved 
                                service projects, provides funding to 
                                connect eligible community anchor 
                                institutions;
                          (ii) in providing funding under subclauses 
                      (I), (II), and (III) of clause (i), shall 
                      prioritize funding for deployment of broadband 
                      infrastructure for priority broadband projects;

[[Page 135 STAT. 1197]]

                          (iii) may not exclude cooperatives, nonprofit 
                      organizations, public-private partnerships, 
                      private companies, public or private utilities, 
                      public utility districts, or local governments 
                      from eligibility for such grant funds; and
                          (iv) shall give priority to projects based 
                      on--
                                    (I) deployment of a broadband 
                                network to persistent poverty counties 
                                or high-poverty areas;
                                    (II) the speeds of the proposed 
                                broadband service;
                                    (III) the expediency with which a 
                                project can be completed; and
                                    (IV) a demonstrated record of and 
                                plans to be in compliance with Federal 
                                labor and employment laws.
                    (B) Authority of assistant secretary.--The Assistant 
                Secretary may provide additional guidance on the 
                prioritization of subgrants awarded for the deployment 
                of a broadband network using grant funds received under 
                this section.
            (2) Challenge process.--
                    (A) In general.--After submitting an initial 
                proposal under subsection (e)(3) and before allocating 
                grant funds received under this section for the 
                deployment of broadband networks, an eligible entity 
                shall ensure a transparent, evidence-based, and 
                expeditious challenge process under which a unit of 
                local government, nonprofit organization, or other 
                broadband service provider can challenge a determination 
                made by the eligible entity in the initial proposal as 
                to whether a particular location or community anchor 
                institution within the jurisdiction of the eligible 
                entity is eligible for the grant funds, including 
                whether a particular location is unserved or 
                underserved.
                    (B) Final identification; notification of funding 
                eligibility.--After <<NOTE: Deadline.>> resolving each 
                challenge under subparagraph (A), and not later than 60 
                days before allocating grant funds received under this 
                section for the deployment of broadband networks, an 
                eligible entity shall provide public notice of the final 
                classification of each unserved location, underserved 
                location, or eligible community anchor institution 
                within the jurisdiction of the eligible entity.
                    (C) <<NOTE: Notification.>> Consultation with 
                ntia.--An eligible entity shall notify the Assistant 
                Secretary of any modification to the initial proposal of 
                the eligible entity submitted under subsection (e)(3) 
                that is necessitated by a successful challenge under 
                subparagraph (A) of this paragraph.
                    (D) NTIA authority.--The Assistant Secretary--
                          (i) may modify the challenge process required 
                      under subparagraph (A) as necessary; and
                          (ii) may reverse the determination of an 
                      eligible entity with respect to the eligibility of 
                      a particular location or community anchor 
                      institution for grant funds under this section.
                    (E) Expediting broadband data collection 
                activities.--

[[Page 135 STAT. 1198]]

                          (i) Deadline for resolution of challenge 
                      process under broadband data act.--Section 
                      802(b)(5)(C)(i) of the Communications Act of 1934 
                      (47 U.S.C. 642(b)(5)(C)(i)) is amended by striking 
                      ``challenges'' and inserting the following: 
                      ``challenges, which shall require that the 
                      Commission resolve a challenge not later than 90 
                      days after the date on which a final response by a 
                      provider to a challenge to the accuracy of a map 
                      or information described in subparagraph (A) is 
                      complete''.
                          (ii) Paperwork reduction act exemption 
                      expansion.--Section 806(b) of the Communications 
                      Act of 1934 (47 U.S.C. 646(b)) is amended by 
                      striking ``the initial rule making required under 
                      section 802(a)(1)'' and inserting ``any rule 
                      making or other action by the Commission required 
                      under this title''.
                          (iii) Implementation.--The Commission shall 
                      implement the amendments made by this subparagraph 
                      as soon as possible after the date of enactment of 
                      this Act.
            (3) Non-federal share of broadband infrastructure deployment 
        costs.--
                    (A) In general.--
                          (i) Matching requirement.--In allocating grant 
                      funds received under this section for deployment 
                      of broadband networks, an eligible entity shall 
                      provide, or require a subgrantee to provide, a 
                      contribution, derived from non-Federal funds (or 
                      funds from a Federal regional commission or 
                      authority), except in high-cost areas or as 
                      otherwise provided by this Act, of not less than 
                      25 percent of project costs.
                          (ii) Waiver.--Upon request by an eligible 
                      entity or a subgrantee, the Assistant Secretary 
                      may reduce or waive the required matching 
                      contribution under clause (i).
                    (B) Source of match.--A matching contribution under 
                subparagraph (A)--
                          (i) may be provided by an eligible entity, a 
                      unit of local government, a utility company, a 
                      cooperative, a nonprofit organization, a for-
                      profit company, regional planning or governmental 
                      organization, a Federal regional commission or 
                      authority, or any combination thereof;
                          (ii) may include in-kind contributions; and
                          (iii) may include funds that were provided to 
                      an eligible entity or a subgrantee--
                                    (I) under--
                                            (aa) the Families First 
                                        Coronavirus Response Act (Public 
                                        Law 116-127; 134 Stat. 178);
                                            (bb) the CARES Act (Public 
                                        Law 116-136; 134 Stat. 281);
                                            (cc) the Consolidated 
                                        Appropriations Act, 2021 (Public 
                                        Law 116-260; 134 Stat. 1182);
                                            (dd) the American Rescue 
                                        Plan Act of 2021 (Public Law 
                                        117-2; 135 Stat. 4); or

[[Page 135 STAT. 1199]]

                                            (ee) any amendment made by 
                                        an Act described in any of items 
                                        (aa) through (dd); and
                                    (II) for the purpose of deployment 
                                of broadband service, as described in 
                                the applicable provision of law 
                                described in subclause (I).
                    (C) Definition.--For purposes of this paragraph, the 
                term ``Federal regional commission or authority'' 
                means--
                          (i) the Appalachian Regional Commission;
                          (ii) the Delta Regional Authority;
                          (iii) the Denali Commission; and
                          (iv) the Northern Border Regional Commission.
            (4) Deployment and provision of service requirements.--An 
        entity that receives a subgrant under subsection (f)(1) for the 
        deployment of a broadband network--
                    (A) in providing broadband service using the 
                network--
                          (i) shall provide broadband service--
                                    (I) at a speed of not less than 100 
                                megabits per second for downloads and 20 
                                megabits per second for uploads;
                                    (II) with a latency that is 
                                sufficiently low to allow reasonably 
                                foreseeable, real-time, interactive 
                                applications; and
                                    (III) <<NOTE: Time period.>> with 
                                network outages that do not exceed, on 
                                average, 48 hours over any 365-day 
                                period; and
                          (ii) shall provide access to broadband service 
                      to each customer served by the project that 
                      desires broadband service;
                    (B) shall offer not less than 1 low-cost broadband 
                service option for eligible subscribers, as those terms 
                are defined in paragraph (5) of this subsection;
                    (C) <<NOTE: Deadline.>>  shall deploy the broadband 
                network and begin providing broadband service to each 
                customer that desires broadband service not later than 4 
                years after the date on which the entity receives the 
                subgrant, except that an eligible entity may extend the 
                deadline under this subparagraph if--
                          (i) the eligible entity has a plan for use of 
                      the grant funds;
                          (ii) the construction project is underway; or
                          (iii) extenuating circumstances require an 
                      extension of time to allow the project to be 
                      completed;
                    (D) for any project that involves laying fiber optic 
                cables or conduit underground or along a roadway, shall 
                include interspersed conduit access points at regular 
                and short intervals;
                    (E) may use the subgrant to deploy broadband 
                infrastructure in or through any area required to reach 
                interconnection points or otherwise to ensure the 
                technical feasibility and financial sustainability of a 
                project providing broadband service to an unserved 
                location, underserved location, or eligible community 
                anchor institution;
                    (F) <<NOTE: Public information. Web posting.>> once 
                the network has been deployed, shall provide public 
                notice, online and through other means, of that fact to 
                the locations and areas to which broadband service

[[Page 135 STAT. 1200]]

                has been provided and share the public notice with the 
                eligible entity that awarded the subgrant;
                    (G) shall carry out public awareness campaigns in 
                service areas that are designed to highlight the value 
                and benefits of broadband service in order to increase 
                the adoption of broadband service by consumers; and
                    (H) if the entity is no longer able to provide 
                broadband service to the locations covered by the 
                subgrant at any time, shall sell the network capacity at 
                a reasonable, wholesale rate on a nondiscriminatory 
                basis to other broadband service providers or public 
                sector entities.
            (5) Low-cost broadband service option.--
                    (A) Definitions.--In this paragraph--
                          (i) the term ``eligible subscriber'' shall 
                      have the meaning given the term by the Assistant 
                      Secretary for purposes of this paragraph; and
                          (ii) the term ``low-cost broadband service 
                      option'' shall be defined by an eligible entity 
                      for subgrantees of the eligible entity in 
                      accordance with subparagraph (B).
                    (B) Defining ``low-cost broadband service 
                option''.--
                          (i) Proposal.--An eligible entity shall submit 
                      to the Assistant Secretary for approval, in the 
                      final proposal of the eligible entity submitted 
                      under subsection (e)(4), a proposed definition of 
                      ``low-cost broadband service option'' that shall 
                      apply to subgrantees of the eligible entity for 
                      purposes of the requirement under paragraph (4)(B) 
                      of this subsection.
                          (ii) Consultation.--An eligible entity shall 
                      consult with the Assistant Secretary and 
                      prospective subgrantees regarding a proposed 
                      definition of ``low-cost broadband service 
                      option'' before submitting the proposed definition 
                      to the Assistant Secretary under clause (i).
                          (iii) Approval of assistant secretary.--
                                    (I) <<NOTE: Effective date.>> In 
                                general.--A proposed definition of 
                                ``low-cost broadband service option'' 
                                submitted by an eligible entity under 
                                clause (i) shall not take effect until 
                                the Assistant Secretary approves the 
                                final proposal of the eligible entity 
                                submitted under subsection (e)(4), 
                                including approval of the proposed 
                                definition of ``low-cost broadband 
                                service option''.
                                    (II) Resubmission.--If the Assistant 
                                Secretary does not approve a proposed 
                                definition of ``low-cost broadband 
                                service option'' submitted by an 
                                eligible entity under clause (i), the 
                                Assistant Secretary shall--
                                            
                                        (aa) <<NOTE: Notification.>>  
                                        notify the eligible entity and 
                                        provide the eligible entity with 
                                        an opportunity to resubmit the 
                                        final proposal, as provided in 
                                        subsection (e)(4), with an 
                                        improved definition of ``low-
                                        cost broadband service option''; 
                                        and
                                            (bb) provide the eligible 
                                        entity with instructions on how 
                                        to cure the defects in the 
                                        proposed definition.

[[Page 135 STAT. 1201]]

                          (iv) Public disclosure.--After the Assistant 
                      Secretary approves the final proposal of an 
                      eligible entity under subsection (e)(4), and 
                      before the Assistant Secretary disburses any funds 
                      to the eligible entity based on that approval, the 
                      Assistant Secretary shall publicly disclose the 
                      eligible entity's definition of ``low-cost 
                      broadband service option''.
                    (C) <<NOTE: Procedures.>> Nonperformance.--The 
                Assistant Secretary shall develop procedures under which 
                the Assistant Secretary or an eligible entity may--
                          (i) <<NOTE: Evaluation.>>  evaluate the 
                      compliance of a subgrantee with the requirement 
                      under paragraph (4)(B); and
                          (ii) take corrective action, including 
                      recoupment of funds from the subgrantee, for 
                      noncompliance with the requirement under paragraph 
                      (4)(B).
                    (D) No regulation of rates permitted.--Nothing in 
                this title may be construed to authorize the Assistant 
                Secretary or the National Telecommunications and 
                Information Administration to regulate the rates charged 
                for broadband service.
                    (E) Guidance.--The Assistant Secretary may issue 
                guidance to eligible entities to carry out the purposes 
                of this paragraph.
            (6) Return of funds.--An entity that receives a subgrant 
        from an eligible entity under subsection (f) and fails to comply 
        with any requirement under this subsection shall return up to 
        the entire amount of the subgrant to the eligible entity, at the 
        discretion of the eligible entity or the Assistant Secretary.

    (i) Regulations.--The Assistant Secretary may issue such regulations 
or other guidance, forms, instructions, and publications as may be 
necessary or appropriate to carry out the programs, projects, or 
activities authorized under this section, including to ensure that those 
programs, projects, or activities are completed in a timely and 
effective manner.
    (j) Reporting.--
            (1) Eligible entities.--
                    (A) Initial report.--Not later than 90 days after 
                receiving grant funds under this section, for the sole 
                purposes of providing transparency and providing 
                information to inform future Federal broadband planning, 
                an eligible entity shall submit to the Assistant 
                Secretary a report that--
                          (i) describes the planned and actual use of 
                      funds;
                          (ii) describes the planned and actual process 
                      of subgranting;
                          (iii) identifies the establishment of 
                      appropriate mechanisms by the eligible entity to 
                      ensure that all subgrantees of the eligible entity 
                      comply with the eligible uses prescribed under 
                      subsection (f); and
                          (iv) includes any other information required 
                      by the Assistant Secretary.
                    (B) <<NOTE: Time period.>>  Semiannual report.--Not 
                later than 1 year after receiving grant funds under this 
                section, and semiannually thereafter until the funds 
                have been expended, an eligible entity shall submit to 
                the Assistant Secretary a report, with respect to the 6-
                month period immediately preceding the report date, 
                that--

[[Page 135 STAT. 1202]]

                          (i) describes how the eligible entity expended 
                      the grant funds;
                          (ii) describes each service provided with the 
                      grant funds;
                          (iii) describes the number of locations at 
                      which broadband service was made available using 
                      the grant funds, and the number of those locations 
                      at which broadband service was utilized; and
                          (iv) <<NOTE: Certification.>>  certifies that 
                      the eligible entity complied with the requirements 
                      of this section and with any additional reporting 
                      requirements prescribed by the Assistant 
                      Secretary.
                    (C) Final report.--Not later than 1 year after an 
                eligible entity has expended all grant funds received 
                under this section, the eligible entity shall submit to 
                the Assistant Secretary a report that--
                          (i) describes how the eligible entity expended 
                      the funds;
                          (ii) describes each service provided with the 
                      grant funds;
                          (iii) describes the number of locations at 
                      which broadband service was made available using 
                      the grant funds, and the number of those locations 
                      at which broadband service was utilized;
                          (iv) includes each report that the eligible 
                      entity received from a subgrantee under paragraph 
                      (2); and
                          (v) <<NOTE: Certification.>>  certifies that 
                      the eligible entity complied with the requirements 
                      of this section and with any additional reporting 
                      requirements prescribed by the Assistant 
                      Secretary.
                    (D) <<NOTE: Coordination. Determination.>> Provision 
                to fcc and usda.--Subject to section 904(b)(2) of 
                division FF of the Consolidated Appropriations Act, 2021 
                (Public Law 116-260) (relating to an interagency 
                agreement), the Assistant Secretary shall coordinate 
                with the Commission and the Department of Agriculture, 
                including providing the final reports received under 
                subparagraph (C) to the Commission and the Department of 
                Agriculture to be used when determining whether to award 
                funds for the deployment of broadband under any program 
                administered by those agencies.
                    (E) Federal agency reporting requirement.--
                          (i) Definitions.--In this subparagraph, the 
                      terms ``agency'' and ``Federal broadband support 
                      program'' have the meanings given those terms in 
                      section 903 of division FF of the Consolidated 
                      Appropriations Act, 2021 (Public Law 116-260) 
                      (also known as the ``ACCESS BROADBAND Act'').
                          (ii) <<NOTE: Data.>>  Requirement.--An agency 
                      that offers a Federal broadband support program 
                      shall provide data to the Assistant Secretary, in 
                      a manner and format prescribed by the Assistant 
                      Secretary, to promote coordination of efforts to 
                      track construction and use of broadband 
                      infrastructure.
            (2) Subgrantees.--
                    (A) Semiannual report.--The recipient of a subgrant 
                from an eligible entity under this section shall submit 
                to the eligible entity a semiannual report for the 
                duration

[[Page 135 STAT. 1203]]

                of the subgrant to track the effectiveness of the use of 
                funds provided.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall--
                          (i) describe each type of project carried out 
                      using the subgrant and the duration of the 
                      subgrant;
                          (ii) in the case of a broadband infrastructure 
                      project--
                                    (I) <<NOTE: List.>> include a list 
                                of addresses or locations that 
                                constitute the service locations that 
                                will be served by the broadband 
                                infrastructure to be constructed;
                                    (II) identify whether each address 
                                or location described in subclause (I) 
                                is residential, commercial, or a 
                                community anchor institution;
                                    (III) describe the types of 
                                facilities that have been constructed 
                                and installed;
                                    (IV) describe the peak and off-peak 
                                actual speeds of the broadband service 
                                being offered;
                                    (V) describe the maximum advertised 
                                speed of the broadband service being 
                                offered;
                                    (VI) describe the non-promotional 
                                prices, including any associated fees, 
                                charged for different tiers of broadband 
                                service being offered;
                                    (VII) include any other data that 
                                would be required to comply with the 
                                data and mapping collection standards of 
                                the Commission under section 1.7004 of 
                                title 47, Code of Federal Regulations, 
                                or any successor regulation, for 
                                broadband infrastructure projects; and
                                    
                                (VIII) <<NOTE: Compliance. Determination.
                                >>  comply with any other reasonable 
                                reporting requirements determined by the 
                                eligible entity or the Assistant 
                                Secretary; and
                          (iii) <<NOTE: Certification.>> certify that 
                      the information in the report is accurate.
            (3) Standardization and coordination.--The Assistant 
        Secretary and the Commission shall collaborate to--
                    (A) standardize and coordinate reporting of 
                locations at which broadband service was provided using 
                grant funds received under this section in accordance 
                with title VIII of the Communications Act of 1934 (47 
                U.S.C. 641 et seq.); and
                    (B) provide a standardized methodology to recipients 
                of grants and subgrantees under this section for 
                reporting the information described in subparagraph (A).
            (4) Information on broadband subsidies and low-income 
        plans.--
                    (A) <<NOTE: Deadline. Consultation. Public 
                information.>>  Establishment of website.--Not later 
                than 2 years after the date of enactment of this Act, 
                the Assistant Secretary, in consultation with the 
                Commission, shall establish a publicly available website 
                that--
                          (i) allows a consumer to determine, based on 
                      financial information entered by the consumer, 
                      whether the consumer is eligible--
                                    (I) to receive a Federal or State 
                                subsidy with respect to broadband 
                                service; or
                                    (II) for a low-income plan with 
                                respect to broadband service; and

[[Page 135 STAT. 1204]]

                          (ii) contains information regarding how to 
                      apply for the applicable benefit described in 
                      clause (i).
                    (B) Provision of data.--A Federal entity, State 
                entity receiving Federal funds, or provider of broadband 
                service that offers a subsidy or low-income plan, as 
                applicable, with respect to broadband service shall 
                provide data to the Assistant Secretary in a manner and 
                format as established by the Assistant Secretary as 
                necessary for the Assistant Secretary to carry out 
                subparagraph (A).

    (k) Relation to Other Public Funding.--Notwithstanding any other 
provision of law--
            (1) an entity that has received amounts from the Federal 
        Government or a State or local government for the purpose of 
        expanding access to broadband service may receive a subgrant 
        under subsection (f) in accordance with this section; and
            (2) the receipt of a subgrant under subsection (f) by an 
        entity described in paragraph (1) of this subsection shall not 
        affect the eligibility of the entity to receive the amounts from 
        the Federal Government or a State or local government described 
        in that paragraph.

    (l) Supplement Not Supplant.--Grant funds awarded to an eligible 
entity under this section shall be used to supplement, and not supplant, 
the amounts that the eligible entity would otherwise make available for 
the purposes for which the grant funds may be used.
    (m) Sense of Congress Regarding Federal Agency Coordination.--It is 
the sense of Congress that Federal agencies responsible for supporting 
broadband deployment, including the Commission, the Department of 
Commerce, and the Department of Agriculture, to the extent possible, 
should align the goals, application and reporting processes, and project 
requirements with respect to broadband deployment supported by those 
agencies.
    (n) Judicial Review.--
            (1) In general.--The United States District Court for the 
        District of Columbia shall have exclusive jurisdiction to review 
        a decision of the Assistant Secretary made under this section.
            (2) Standard of review.--In carrying out any review 
        described in paragraph (1), the court shall affirm the decision 
        of the Assistant Secretary unless--
                    (A) the decision was procured by corruption, fraud, 
                or undue means;
                    (B) there was actual partiality or corruption in the 
                Assistant Secretary; or
                    (C) the Assistant Secretary was guilty of--
                          (i) misconduct in refusing to review the 
                      administrative record; or
                          (ii) any other misbehavior by which the rights 
                      of any party have been prejudiced.

    (o) Exemption From Certain Laws.--Any action taken or decision made 
by the Assistant Secretary under this section shall be exempt from the 
requirements of--
            (1) section 3506 of title 44, United States Code (commonly 
        referred to as the ``Paperwork Reduction Act'');
            (2) chapter 5 or 7 of title 5, United States Code (commonly 
        referred to as the ``Administrative Procedures Act''); and

[[Page 135 STAT. 1205]]

            (3) chapter 6 of title 5, United States Code (commonly 
        referred to as the ``Regulatory Flexibility Act'').
SEC. 60103. <<NOTE: 47 USC 1703.>>  BROADBAND DATA MAPS.

    (a) Definition.--In this section, the term ``Commission'' means the 
Federal Communications Commission.
    (b) Provision of Information.--A broadband provider shall provide 
the Commission with any information, in the format, type, or 
specification requested by the Commission, necessary to augment the 
collection of data by the Commission under--
            (1) title VIII of the Communications Act of 1934 (47 U.S.C. 
        641 et seq.); or
            (2) the Form 477 data collection program.

    (c) Notice of Initial Broadband DATA Collection Filing Deadline.--
The Commission--
            (1) shall provide notice to broadband providers not later 
        than 60 days before the initial deadline for submission of data 
        under section 802(a)(1)(A) of the Communications Act of 1934 (47 
        U.S.C. 642(a)(1)(A)); and
            (2) notwithstanding any prior decision of the Commission to 
        the contrary, shall not be required to provide notice not later 
        than 6 months before the initial deadline described in paragraph 
        (1).

    (d) Availability of Census Data.--
            (1) In general.--Section 802(b)(1) of the Communications Act 
        of 1934 (47 U.S.C. 802(b)(1)) is amended by adding at the end 
        the following:
                    ``(D) Availability of census data.--The Secretary of 
                Commerce shall submit to the Commission, for inclusion 
                in the Fabric, a count of the aggregate number of 
                housing units in each census block, as collected by the 
                Bureau of the Census.''.
            (2) Provision of updated 2020 census data.--Not later than 
        30 days after receiving a request from the Commission, the 
        Secretary of Commerce, in implementing the amendment made by 
        paragraph (1), shall provide the Commission with a count of the 
        aggregate number of housing units in each census block, as 
        collected during the 2020 decennial census of population.

    (e) Publication of Broadband DATA Maps on Internet.--Section 
802(c)(6) of the Communications Act of 1934 (47 U.S.C. 642(c)(6)) is 
amended, in the matter preceding paragraph (6), by inserting ``, 
including on a publicly available website,'' after ``make public''.
SEC. 60104. REPORT ON FUTURE OF UNIVERSAL SERVICE FUND.

    (a) Definitions.--In this section--
            (1) the term ``Commission'' means the Federal Communications 
        Commission; and
            (2) the term ``universal service goals for broadband'' means 
        the statutorily mandated goals of universal service for advanced 
        telecommunications capability under section 706 of the 
        Telecommunications Act of 1996 (47 U.S.C. 1302).

    (b) <<NOTE: Deadline.>>  Evaluation.--Not later than 30 days after 
the date of enactment of this Act, the Commission shall commence a 
proceeding to evaluate the implications of this Act and the amendments 
made by this Act on how the Commission should achieve the universal 
service goals for broadband.

[[Page 135 STAT. 1206]]

    (c) Report.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Commission shall submit to Congress a 
        report on the options of the Commission for improving its 
        effectiveness in achieving the universal service goals for 
        broadband in light of this Act and the amendments made by this 
        Act, and other legislation that addresses those goals.
            (2) Recommendations.--In the report submitted under 
        paragraph (1), the Commission may make recommendations for 
        Congress on further actions the Commission and Congress could 
        take to improve the ability of the Commission to achieve the 
        universal service goals for broadband.
            (3) Scope of universal service.--In submitting the report 
        under paragraph (1), the Commission--
                    (A) may not in any way reduce the congressional 
                mandate to achieve the universal service goals for 
                broadband; and
                    (B) <<NOTE: Recommenda- tions.>>  may provide 
                recommendations for Congress to expand the universal 
                service goals for broadband, if the Commission believes 
                such an expansion is in the public interest.
SEC. 60105. <<NOTE: 47 USC 1704.>>  BROADBAND DEPLOYMENT LOCATIONS 
                            MAP.

    (a) Definitions.--In this section:
            (1) Broadband infrastructure.--The term ``broadband 
        infrastructure'' means any cables, fiber optics, wiring, or 
        other permanent (integral to the structure) infrastructure, 
        including wireless infrastructure, that--
                    (A) is capable of providing access to internet 
                connections in individual locations; and
                    (B) is an advanced telecommunications capability, as 
                defined in section 706(d) of the Telecommunications Act 
                of 1996 (47 U.S.C. 1302(d)).
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Deployment locations map.--The term ``Deployment 
        Locations Map'' means the mapping tool required to be 
        established under subsection (b).

    (b) <<NOTE: Deadline. Consultation.>> Establishment of Deployment 
Locations Map.--Not later than 18 months after the date of enactment of 
this Act, the Commission shall, in consultation with all relevant 
Federal agencies, establish an online mapping tool to provide a 
locations overview of the overall geographic footprint of each broadband 
infrastructure deployment project funded by the Federal Government.

    (c) Requirements.--The Deployment Locations Map shall be--
            (1) the centralized, authoritative source of information on 
        funding made available by the Federal Government for broadband 
        infrastructure deployment in the United States; and
            (2) <<NOTE: Public information. Web posting.>>  made 
        publicly available on the website of the Commission.

    (d) Functions.--In establishing the Deployment Locations Map, the 
Commission shall ensure that the Deployment Locations Map--
            (1) compiles data related to Federal funding for broadband 
        infrastructure deployment provided by the Commission, the 
        National Telecommunications and Information Administration,

[[Page 135 STAT. 1207]]

        the Department of Agriculture, the Department of Health and 
        Human Services, the Department of the Treasury, the Department 
        of Housing and Urban Development, the Institute of Museum and 
        Library Sciences, and any other Federal agency that provides 
        such data relating to broadband infrastructure deployment 
        funding to the Commission, including funding under--
                    (A) this Act;
                    (B) the Coronavirus Aid, Relief, and Economic 
                Security Act (Public Law 116-136);
                    (C) the Consolidated Appropriations Act, 2021 
                (Public Law 116-260);
                    (D) American Rescue Plan Act of 2021 (Public Law 
                117-2); or
                    (E) any Federal amounts appropriated or any Federal 
                program authorized after the date of enactment of this 
                Act to fund broadband infrastructure deployment;
            (2) contains data, with respect to each broadband 
        infrastructure deployment program, relating to--
                    (A) the Federal agency of jurisdiction;
                    (B) the program title; and
                    (C) the network type, including wired, terrestrial 
                fixed, wireless, mobile, and satellite broadband 
                infrastructure deployment;
            (3) allows users to manipulate the Deployment Locations Map 
        to identify, search, and filter broadband infrastructure 
        deployment projects by--
                    (A) company name;
                    (B) duration timeline, including the dates of a 
                project's beginning and ending, or anticipated beginning 
                or ending date;
                    (C) total number of locations to which a project 
                makes service available; and
                    (D) relevant download and upload speeds; and
            (4) incorporates broadband service availability data as 
        depicted in the Broadband Map created under section 802(c)(1) of 
        the Communications Act of 1934 (47 U.S.C. 642(c)(1)).

    (e) Periodic Updates.--
            (1) <<NOTE: Consultation.>>  In general.--The Commission 
        shall, in consultation with relevant Federal agencies, ensure 
        the Deployment Locations Map is maintained and up to date on a 
        periodic basis, but not less frequently than once every 180 
        days.
            (2) <<NOTE: Reports.>> Other federal agencies.--Each Federal 
        agency providing funding for broadband infrastructure deployment 
        shall report relevant data to the Commission on a periodic 
        basis.

    (f) No Effect on Programmatic Missions.--Nothing in this section 
shall be construed to affect the programmatic missions of Federal 
agencies providing funding for broadband infrastructure development.
    (g) Nonduplication.--The requirements in this section shall be 
consistent with and avoid duplication with the provisions of section 903 
of division FF of the Consolidated Appropriations Act, 2021 (Public Law 
116-260).
    (h) Funding.--Of the amounts appropriated to carry out this division 
under this Act, $10,000,000 shall be made available to carry out this 
section.

[[Page 135 STAT. 1208]]

           TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.

SEC. 60201. TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.

     Section 905 of division N of the Consolidated Appropriations Act, 
2021 (Public Law 116-260) <<NOTE: 47 USC 1305 note, 1705.>>  is 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)(B), by striking ``during the 
                COVID-19 pandemic'';
                    (B) in paragraph (4)--
                          (i) in subparagraph (A)--
                                    (I) in clause (i), by striking ``180 
                                days after receiving grant funds'' and 
                                inserting ``18 months after receiving an 
                                allocation of funds pursuant to a 
                                specific grant award''; and
                                    (II) in clause (ii), by striking 
                                ``revert to the general fund of the 
                                Treasury'' and inserting ``be made 
                                available to other eligible entities for 
                                the purposes provided in this 
                                subsection'';
                          (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking ``1 
                                year after receiving grant funds'' and 
                                inserting ``4 years after receiving an 
                                allocation of funds pursuant to a 
                                specific grant award'';
                                    (II) by redesignating clause (iii) 
                                as clause (iv); and
                                    (III) by inserting after clause (ii) 
                                the following:
                          ``(iii) Extensions for other projects.--The 
                      Assistant Secretary may, for good cause shown, 
                      extend the period under clause (i) for an eligible 
                      entity that proposes to use the grant funds for an 
                      eligible use other than construction of broadband 
                      infrastructure, based on a detailed showing by the 
                      eligible entity of the need for an extension.''; 
                      and
                          (iii) by adding at the end the following:
                    ``(C) <<NOTE: Applicability.>> Multiple grant 
                awards.--If the Assistant Secretary awards multiple 
                grants to an eligible entity under this subsection, the 
                deadlines under subparagraphs (A) and (B) shall apply 
                individually to each grant award.''; and
                    (C) by striking paragraph (6) and inserting the 
                following:
            ``(6) Administrative expenses of eligible entities.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an eligible entity may use not more 
                than 2 percent of grant funds received under this 
                subsection for administrative purposes.
                    ``(B) Broadband infrastructure projects.--An 
                eligible entity that proposes to use grant funds for the 
                construction of broadband infrastructure may use an 
                amount of the grant funds equal to not more than 2.5 
                percent of the total project cost for planning, 
                feasibility, and sustainability studies related to the 
                project.''; and
            (2) in subsection (e), by adding at the end the following:
            ``(6) Additional appropriations for tribal broadband 
        connectivity program.--

[[Page 135 STAT. 1209]]

                    ``(A) Definition.--In this paragraph, the term 
                `initial round of funding'--
                          ``(i) means the allocation under paragraph 
                      (2)(E) of funds appropriated under subsection 
                      (b)(1); and
                          ``(ii) does not include any reallocation of 
                      funds under paragraph (2)(F).
                    ``(B) New funding.--If Congress appropriates 
                additional funds for grants under subsection (c) after 
                the date of enactment of this Act, the Assistant 
                Secretary--
                          ``(i) may use a portion of the funds to fully 
                      fund any grants under that subsection for which 
                      the Assistant Secretary received an application 
                      and which the Assistant Secretary did not fully 
                      fund during the initial round of funding; and
                          ``(ii) <<NOTE: Allocation.>>  shall allocate 
                      any remaining funds through subsequent funding 
                      rounds consistent with the requirements of this 
                      section, except as provided in subparagraph (C) of 
                      this paragraph.
                    ``(C) <<NOTE: Applicability.>> Exceptions.--If 
                Congress appropriates additional funds for grants under 
                subsection (c) after the date of enactment of this Act--
                          ``(i) the Assistant Secretary shall not be 
                      required to issue an additional notice under 
                      paragraph (1) of this subsection, but shall inform 
                      eligible entities that additional funding has been 
                      made available for grants under subsection (c) and 
                      describe the changes made to the Tribal Broadband 
                      Connectivity Program under that subsection by 
                      section 60201 of the Infrastructure Investment and 
                      Jobs Act;
                          ``(ii) the requirement under paragraph (2)(C) 
                      of this subsection shall be applied individually 
                      to each round of funding for grants under 
                      subsection (c);
                          ``(iii) <<NOTE: Time period.>> paragraph 
                      (2)(A) of this subsection shall be applied by 
                      substituting `180-day period beginning on the date 
                      on which the Assistant Secretary informs eligible 
                      entities that additional funding has been made 
                      available for grants under subsection (c)' for 
                      `90-day period beginning on the date on which the 
                      Assistant Secretary issues the notice under 
                      paragraph (1)'; and
                          ``(iv) notwithstanding paragraph (2)(F) of 
                      this subsection, in the case of funds appropriated 
                      under subsection (b)(1) that were not allocated 
                      during the initial round of funding, the Assistant 
                      Secretary may elect to allocate the funds during 
                      any subsequent round of funding for grants under 
                      subsection (c).''.

TITLE <<NOTE: Digital Equity Act of 2021.>>  III--DIGITAL EQUITY ACT OF 
2021
SEC. 60301. <<NOTE: 47 USC 1701 note.>>  SHORT TITLE.

    This title may be cited as the ``Digital Equity Act of 2021''.
SEC. 60302. <<NOTE: 47 USC 1721.>>  DEFINITIONS.

    In this title:
            (1) Adoption of broadband.--The term ``adoption of 
        broadband'' means the process by which an individual obtains 
        daily access to the internet--

[[Page 135 STAT. 1210]]

                    (A) at a speed, quality, and capacity--
                          (i) that is necessary for the individual to 
                      accomplish common tasks; and
                          (ii) such that the access qualifies as an 
                      advanced telecommunications capability;
                    (B) with the digital skills that are necessary for 
                the individual to participate online; and
                    (C) on a--
                          (i) personal device; and
                          (ii) secure and convenient network.
            (2) Advanced telecommunications capability.--The term 
        ``advanced telecommunications capability'' has the meaning given 
        the term in section 706(d) of the Telecommunications Act of 1996 
        (47 U.S.C. 1302(d)).
            (3) Aging individual.--The term ``aging individual'' has the 
        meaning given the term ``older individual'' in section 102 of 
        the Older Americans Act of 1965 (42 U.S.C. 3002).
            (4) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Appropriations of the House of 
                Representatives; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (5) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications and 
        Information.
            (6) Community anchor institution.--The term ``community 
        anchor institution'' means a public school, a public or multi-
        family housing authority, a library, a medical or healthcare 
        provider, a community college or other institution of higher 
        education, a State library agency, and any other nonprofit or 
        governmental community support organization.
            (7) Covered household.--The term ``covered household'' means 
        a household, the income of which for the most recently completed 
        year is not more than 150 percent of an amount equal to the 
        poverty level, as determined by using criteria of poverty 
        established by the Bureau of the Census.
            (8) Covered populations.--The term ``covered populations'' 
        means--
                    (A) individuals who live in covered households;
                    (B) aging individuals;
                    (C) incarcerated individuals, other than individuals 
                who are incarcerated in a Federal correctional facility;
                    (D) veterans;
                    (E) individuals with disabilities;
                    (F) individuals with a language barrier, including 
                individuals who--
                          (i) are English learners; and
                          (ii) have low levels of literacy;
                    (G) individuals who are members of a racial or 
                ethnic minority group; and
                    (H) individuals who primarily reside in a rural 
                area.

[[Page 135 STAT. 1211]]

            (9) Covered programs.--The term ``covered programs'' means 
        the State Digital Equity Capacity Grant Program established 
        under section 60304 and the Digital Equity Competitive Grant 
        Program established under section 60305.
            (10) Digital equity.--The term ``digital equity'' means the 
        condition in which individuals and communities have the 
        information technology capacity that is needed for full 
        participation in the society and economy of the United States.
            (11) Digital inclusion.--The term ``digital inclusion''--
                    (A) means the activities that are necessary to 
                ensure that all individuals in the United States have 
                access to, and the use of, affordable information and 
                communication technologies, such as--
                          (i) reliable fixed and wireless broadband 
                      internet service;
                          (ii) internet-enabled devices that meet the 
                      needs of the user; and
                          (iii) applications and online content designed 
                      to enable and encourage self-sufficiency, 
                      participation, and collaboration; and
                    (B) includes--
                          (i) obtaining access to digital literacy 
                      training;
                          (ii) the provision of quality technical 
                      support; and
                          (iii) obtaining basic awareness of measures to 
                      ensure online privacy and cybersecurity.
            (12) Digital literacy.--The term ``digital literacy'' means 
        the skills associated with using technology to enable users to 
        find, evaluate, organize, create, and communicate information.
            (13) Disability.--The term ``disability'' has the meaning 
        given the term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (14) Eligible state.--The term ``eligible State'' means--
                    (A) with respect to planning grants made available 
                under section 60304(c)(3), a State with respect to which 
                the Assistant Secretary has approved an application 
                submitted to the Assistant Secretary under section 
                60304(c)(3)(C); and
                    (B) with respect to capacity grants awarded under 
                section 60304(d), a State with respect to which the 
                Assistant Secretary has approved an application 
                submitted to the Assistant Secretary under section 
                60304(d)(2), including approval of the State Digital 
                Equity Plan developed by the State under section 
                60304(c).
            (15) Gender identity.--The term ``gender identity'' has the 
        meaning given the term in section 249(c) of title 18, United 
        States Code.
            (16) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (17) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) has the meaning given the term in section 101 of 
                the Higher Education Act of 1965 (20 U.S.C. 1001); and
                    (B) includes a postsecondary vocational institution.

[[Page 135 STAT. 1212]]

            (18) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101(30) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(30)).
            (19) Postsecondary vocational institution.--The term 
        ``postsecondary vocational institution'' has the meaning given 
        the term in section 102(c) of the Higher Education Act of 1965 
        (20 U.S.C. 1002(c)).
            (20) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 601(b)(3) of the Rural Electrification 
        Act of 1936 (7 U.S.C. 950bb(b)(3)).
            (21) State.--The term ``State'' means--
                    (A) any State of the United States;
                    (B) the District of Columbia; and
                    (C) the Commonwealth of Puerto Rico.
            (22) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.
            (23) Workforce development program.--The term ``workforce 
        development program'' has the meaning given the term in section 
        3(66) of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3102(66)).
SEC. 60303. <<NOTE: 47 USC 1722.>>  SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) a broadband connection and digital literacy are 
        increasingly critical to how individuals--
                    (A) participate in the society, economy, and civic 
                institutions of the United States; and
                    (B) access health care and essential services, 
                obtain education, and build careers;
            (2) digital exclusion--
                    (A) carries a high societal and economic cost;
                    (B) materially harms the opportunity of an 
                individual with respect to the economic success, 
                educational achievement, positive health outcomes, 
                social inclusion, and civic engagement of that 
                individual; and
                    (C) exacerbates existing wealth and income gaps, 
                especially those experienced by covered populations;
            (3) achieving digital equity for all people of the United 
        States requires additional and sustained investment and research 
        efforts;
            (4) the Federal Government, as well as State, tribal, 
        territorial, and local governments, have made social, legal, and 
        economic obligations that necessarily extend to how the citizens 
        and residents of those governments access and use the internet; 
        and
            (5) achieving digital equity is a matter of social and 
        economic justice and is worth pursuing.
SEC. 60304. <<NOTE: 47 USC 1723.>>  STATE DIGITAL EQUITY CAPACITY 
                            GRANT PROGRAM.

    (a) Establishment; Purpose.--
            (1) In general.--The Assistant Secretary shall establish in 
        the Department of Commerce the State Digital Equity Capacity 
        Grant Program (referred to in this section as the ``Program'')--
                    (A) the purpose of which is to promote the 
                achievement of digital equity, support digital inclusion 
                activities, and

[[Page 135 STAT. 1213]]

                build capacity for efforts by States relating to the 
                adoption of broadband by residents of those States;
                    (B) through which the Assistant Secretary shall make 
                grants to States in accordance with the requirements of 
                this section; and
                    (C) which shall ensure that States have the capacity 
                to promote the achievement of digital equity and support 
                digital inclusion activities.
            (2) Consultation with other federal agencies; no conflict.--
        In establishing the Program under paragraph (1), the Assistant 
        Secretary shall--
                    (A) consult with--
                          (i) the Secretary of Agriculture;
                          (ii) the Secretary of Housing and Urban 
                      Development;
                          (iii) the Secretary of Education;
                          (iv) the Secretary of Labor;
                          (v) the Secretary of Health and Human 
                      Services;
                          (vi) the Secretary of Veterans Affairs;
                          (vii) the Secretary of the Interior;
                          (viii) the Federal Communications Commission;
                          (ix) the Federal Trade Commission;
                          (x) the Director of the Institute of Museum 
                      and Library Services;
                          (xi) the Administrator of the Small Business 
                      Administration;
                          (xii) the Federal Co-Chair of the Appalachian 
                      Regional Commission; and
                          (xiii) the head of any other agency that the 
                      Assistant Secretary determines to be appropriate; 
                      and
                    (B) ensure that the Program complements and 
                enhances, and does not conflict with, other Federal 
                broadband initiatives and programs.

    (b) Administering Entity.--
            (1) Selection; function.--The governor (or equivalent 
        official) of a State that wishes to be awarded a grant under 
        this section shall, from among entities that are eligible under 
        paragraph (2), select an administering entity for that State, 
        which shall--
                    (A) serve as the recipient of, and administering 
                agent for, any grant awarded to the State under this 
                section;
                    (B) develop, implement, and oversee the State 
                Digital Equity Plan for the State described in 
                subsection (c);
                    (C) make subgrants to any entity described in 
                subsection (c)(1)(D) that is located in the State in 
                support of--
                          (i) the State Digital Equity Plan for the 
                      State; and
                          (ii) digital inclusion activities in the State 
                      generally; and
                    (D) serve as--
                          (i) an advocate for digital equity policy and 
                      digital inclusion activities; and
                          (ii) a repository of best practice materials 
                      regarding the policies and activities described in 
                      clause (i).
            (2) Eligible entities.--Any of the following entities may 
        serve as the administering entity for a State for the purposes

[[Page 135 STAT. 1214]]

        of this section if the entity has demonstrated a capacity to 
        administer the Program on a statewide level:
                    (A) The State, a political subdivision, agency, or 
                instrumentality of the State, an Indian Tribe located in 
                the State, an Alaska Native entity located in the State, 
                or a Native Hawaiian organization located in the State.
                    (B) A foundation, corporation, institution, 
                association, or coalition that is--
                          (i) a not-for-profit entity;
                          (ii) providing services in the State; and
                          (iii) not a school.
                    (C) A community anchor institution, other than a 
                school, that is located in the State.
                    (D) A local educational agency that is located in 
                the State.
                    (E) An entity located in the State that carries out 
                a workforce development program.
                    (F) An agency of the State that is responsible for 
                administering or supervising adult education and 
                literacy activities in the State.
                    (G) A public or multi-family housing authority that 
                is located in the State.
                    (H) A partnership between any of the entities 
                described in subparagraphs (A) through (G).

    (c) State Digital Equity Plan.--
            (1) Development; contents.--A State that wishes to be 
        awarded a grant under subsection (d) shall develop a State 
        Digital Equity Plan for the State, which shall include--
                    (A) the identification of the barriers to digital 
                equity faced by covered populations in the State;
                    (B) measurable objectives for documenting and 
                promoting, among each group described in subparagraphs 
                (A) through (H) of section 60302(8) located in that 
                State--
                          (i) the availability of, and affordability of 
                      access to, fixed and wireless broadband 
                      technology;
                          (ii) the online accessibility and inclusivity 
                      of public resources and services;
                          (iii) digital literacy;
                          (iv) awareness of, and the use of, measures to 
                      secure the online privacy of, and cybersecurity 
                      with respect to, an individual; and
                          (v) the availability and affordability of 
                      consumer devices and technical support for those 
                      devices;
                    (C) <<NOTE: Assessment.>>  an assessment of how the 
                objectives described in subparagraph (B) will impact and 
                interact with the State's--
                          (i) economic and workforce development goals, 
                      plans, and outcomes;
                          (ii) educational outcomes;
                          (iii) health outcomes;
                          (iv) civic and social engagement; and
                          (v) delivery of other essential services;
                    (D) in order to achieve the objectives described in 
                subparagraph (B), a description of how the State plans 
                to collaborate with key stakeholders in the State, which 
                may include--
                          (i) community anchor institutions;

[[Page 135 STAT. 1215]]

                          (ii) county and municipal governments;
                          (iii) local educational agencies;
                          (iv) where applicable, Indian Tribes, Alaska 
                      Native entities, or Native Hawaiian organizations;
                          (v) nonprofit organizations;
                          (vi) organizations that represent--
                                    (I) individuals with disabilities, 
                                including organizations that represent 
                                children with disabilities;
                                    (II) aging individuals;
                                    (III) individuals with language 
                                barriers, including--
                                            (aa) individuals who are 
                                        English learners; and
                                            (bb) individuals who have 
                                        low levels of literacy;
                                    (IV) veterans; and
                                    (V) individuals in that State who 
                                are incarcerated in facilities other 
                                than Federal correctional facilities;
                          (vii) civil rights organizations;
                          (viii) entities that carry out workforce 
                      development programs;
                          (ix) agencies of the State that are 
                      responsible for administering or supervising adult 
                      education and literacy activities in the State;
                          (x) public housing authorities in the State; 
                      and
                          (xi) a partnership between any of the entities 
                      described in clauses (i) through (x); and
                    (E) <<NOTE: List.>>  a list of organizations with 
                which the administering entity for the State 
                collaborated in developing and implementing the Plan.
            (2) Public availability.--
                    (A) In general.--The administering entity for a 
                State shall make the State Digital Equity Plan of the 
                State available for public comment for a period of not 
                less than 30 days before the date on which the State 
                submits an application to the Assistant Secretary under 
                subsection (d)(2).
                    (B) Consideration of comments received.--The 
                administering entity for a State shall, with respect to 
                an application submitted to the Assistant Secretary 
                under subsection (d)(2)--
                          (i) before submitting the application--
                                    (I) consider all comments received 
                                during the comment period described in 
                                subparagraph (A) with respect to the 
                                application (referred to in this 
                                subparagraph as the ``comment period''); 
                                and
                                    (II) make any changes to the plan 
                                that the administering entity determines 
                                to be worthwhile; and
                          (ii) when submitting the application--
                                    (I) describe any changes pursued by 
                                the administering entity in response to 
                                comments received during the comment 
                                period; and
                                    (II) include a written response to 
                                each comment received during the comment 
                                period.

[[Page 135 STAT. 1216]]

            (3) Planning grants.--
                    (A) <<NOTE: Effective date.>> In general.--Beginning 
                in the first fiscal year that begins after the date of 
                enactment of this Act, the Assistant Secretary shall, in 
                accordance with the requirements of this paragraph, 
                award planning grants to States for the purpose of 
                developing the State Digital Equity Plans of those 
                States under this subsection.
                    (B) Eligibility.--In order to be awarded a planning 
                grant under this paragraph, a State--
                          (i) shall submit to the Assistant Secretary an 
                      application under subparagraph (C); and
                          (ii) may not have been awarded, at any time, a 
                      planning grant under this paragraph.
                    
                (C) <<NOTE: Deadlines. Determination.>> Application.--A 
                State that wishes to be awarded a planning grant under 
                this paragraph shall, not later than 60 days after the 
                date on which the notice of funding availability with 
                respect to the grant is released, submit to the 
                Assistant Secretary an application, in a format to be 
                determined by the Assistant Secretary, that contains the 
                following materials:
                          (i) A description of the entity selected to 
                      serve as the administering entity for the State, 
                      as described in subsection (b).
                          (ii) <<NOTE: Certification.>> A certification 
                      from the State that, not later than 1 year after 
                      the date on which the Assistant Secretary awards 
                      the planning grant to the State, the administering 
                      entity for that State shall develop a State 
                      Digital Equity Plan under this subsection, which--
                                    (I) the administering entity shall 
                                submit to the Assistant Secretary; and
                                    (II) <<NOTE: Compliance.>> shall 
                                comply with the requirements of this 
                                subsection, including the requirement 
                                under paragraph (2)(B).
                          (iii) The assurances required under subsection 
                      (e).
                    (D) Awards.--
                          (i) <<NOTE: Determination.>>  Amount of 
                      grant.--A planning grant awarded to an eligible 
                      State under this paragraph shall be determined 
                      according to the formula under subsection 
                      (d)(3)(A)(i).
                          (ii) Duration.--
                                    (I) In general.--Except as provided 
                                in subclause (II), with respect to a 
                                planning grant awarded to an eligible 
                                State under this paragraph, the State 
                                shall expend the grant funds during the 
                                1-year period beginning on the date on 
                                which the State is awarded the grant 
                                funds.
                                    (II) <<NOTE: Extension.>>  
                                Exception.--The Assistant Secretary may 
                                grant an extension of not longer than 
                                180 days with respect to the requirement 
                                under subclause (I).
                          (iii) Challenge mechanism.--The Assistant 
                      Secretary shall ensure that any eligible State to 
                      which a planning grant is awarded under this 
                      paragraph may appeal or otherwise challenge in a 
                      timely fashion the amount of the grant awarded to 
                      the State, as determined under clause (i).

[[Page 135 STAT. 1217]]

                    (E) Use of funds.--An eligible State to which a 
                planning grant is awarded under this paragraph shall, 
                through the administering entity for that State, use the 
                grant funds only for the following purposes:
                          (i) To develop the State Digital Equity Plan 
                      of the State under this subsection.
                          (ii)(I) Subject to subclause (II), to make 
                      subgrants to any of the entities described in 
                      paragraph (1)(D) to assist in the development of 
                      the State Digital Equity Plan of the State under 
                      this subsection.
                          (II) If the administering entity for a State 
                      makes a subgrant described in subclause (I), the 
                      administering entity shall, with respect to the 
                      subgrant, provide to the State the assurances 
                      required under subsection (e).

    (d) <<NOTE: Deadline.>> State Capacity Grants.--
            (1) In general.--Beginning not later than 2 years after the 
        date on which the Assistant Secretary begins awarding planning 
        grants under subsection (c)(3), the Assistant Secretary shall 
        each year award grants to eligible States to support--
                    (A) the implementation of the State Digital Equity 
                Plans of those States; and
                    (B) digital inclusion activities in those States.
            (2) Application.--A State that wishes to be awarded a grant 
        under this subsection shall, not later than 60 days after the 
        date on which the notice of funding availability with respect to 
        the grant is released, submit to the Assistant Secretary an 
        application, in a format to be determined by the Assistant 
        Secretary, that contains the following materials:
                    (A) A description of the entity selected to serve as 
                the administering entity for the State, as described in 
                subsection (b).
                    (B) The State Digital Equity Plan of that State, as 
                described in subsection (c).
                    (C) <<NOTE: Certification.>>  A certification that 
                the State, acting through the administering entity for 
                the State, shall--
                          (i) implement the State Digital Equity Plan of 
                      the State; and
                          (ii) make grants in a manner that is 
                      consistent with the aims of the Plan described in 
                      clause (i).
                    (D) The assurances required under subsection (e).
                    (E) In the case of a State to which the Assistant 
                Secretary has previously awarded a grant under this 
                subsection, any amendments to the State Digital Equity 
                Plan of that State, as compared with the State Digital 
                Equity Plan of the State previously submitted.
            (3) Awards.--
                    (A) Amount of grant.--
                          (i) <<NOTE: Criteria.>> Formula.--Subject to 
                      clauses (ii), (iii), and (iv), the Assistant 
                      Secretary shall calculate the amount of a grant 
                      awarded to an eligible State under this subsection 
                      in accordance with the following criteria, using 
                      the best available data for all States for the 
                      fiscal year in which the grant is awarded:
                                    (I) 50 percent of the total grant 
                                amount shall be based on the population 
                                of the eligible State

[[Page 135 STAT. 1218]]

                                in proportion to the total population of 
                                all eligible States.
                                    (II) 25 percent of the total grant 
                                amount shall be based on the number of 
                                individuals in the eligible State who 
                                are members of covered populations in 
                                proportion to the total number of 
                                individuals in all eligible States who 
                                are members of covered populations.
                                    (III) <<NOTE: Determinations.>>  25 
                                percent of the total grant amount shall 
                                be based on the comparative lack of 
                                availability and adoption of broadband 
                                in the eligible State in proportion to 
                                the lack of availability and adoption of 
                                broadband of all eligible States, which 
                                shall be determined according to data 
                                collected from--
                                            (aa) the annual inquiry of 
                                        the Federal Communications 
                                        Commission conducted under 
                                        section 706(b) of the 
                                        Telecommunications Act of 1996 
                                        (47 U.S.C. 1302(b));
                                            (bb) the American Community 
                                        Survey or, if necessary, other 
                                        data collected by the Bureau of 
                                        the Census;
                                            (cc) the NTIA Internet Use 
                                        Survey, which is administered as 
                                        the Computer and Internet Use 
                                        Supplement to the Current 
                                        Population Survey of the Bureau 
                                        of the Census; and
                                            (dd) any other source that 
                                        the Assistant Secretary, after 
                                        appropriate notice and 
                                        opportunity for public comment, 
                                        determines to be appropriate.
                          (ii) Minimum award.--The amount of a grant 
                      awarded to an eligible State under this subsection 
                      in a fiscal year shall be not less than 0.5 
                      percent of the total amount made available to 
                      award grants to eligible States for that fiscal 
                      year.
                          (iii) <<NOTE: Distribution.>> Additional 
                      amounts.--If, after awarding planning grants to 
                      States under subsection (c)(3) and capacity grants 
                      to eligible States under this subsection in a 
                      fiscal year, there are amounts remaining to carry 
                      out this section, the Assistant Secretary shall 
                      distribute those amounts--
                                    (I) to eligible States to which the 
                                Assistant Secretary has awarded grants 
                                under this subsection for that fiscal 
                                year; and
                                    (II) in accordance with the formula 
                                described in clause (i).
                          (iv) <<NOTE: Puerto Rico.>> Data 
                      unavailable.--If, in a fiscal year, the 
                      Commonwealth of Puerto Rico (referred to in this 
                      clause as ``Puerto Rico'') is an eligible State 
                      and specific data for Puerto Rico is unavailable 
                      for a factor described in subclause (I), (II), or 
                      (II) of clause (i), the Assistant Secretary shall 
                      use the median data point with respect to that 
                      factor among all eligible States and assign it to 
                      Puerto Rico for the purposes of making any 
                      calculation under that clause for that fiscal 
                      year.
                    (B) <<NOTE: Effective date.>>  Duration.--With 
                respect to a grant awarded to an eligible State under 
                this subsection, the eligible State shall expend the 
                grant funds during the 5-year period

[[Page 135 STAT. 1219]]

                beginning on the date on which the eligible State is 
                awarded the grant funds.
                    (C) Challenge mechanism.--The Assistant Secretary 
                shall ensure that any eligible State to which a grant is 
                awarded under this subsection may appeal or otherwise 
                challenge in a timely fashion the amount of the grant 
                awarded to the State, as determined under subparagraph 
                (A).
                    (D) Use of funds.--The administering entity for an 
                eligible State to which a grant is awarded under this 
                subsection shall use the grant amounts for the following 
                purposes:
                          (i)(I) Subject to subclause (II), to update or 
                      maintain the State Digital Equity Plan of the 
                      State.
                          (II) An administering entity for an eligible 
                      State to which a grant is awarded under this 
                      subsection may use not more than 20 percent of the 
                      amount of the grant for the purpose described in 
                      subclause (I).
                          (ii) To implement the State Digital Equity 
                      Plan of the State.
                          (iii)(I) Subject to subclause (II), to award a 
                      grant to any entity that is described in section 
                      60305(b) and is located in the eligible State in 
                      order to--
                                    (aa) assist in the implementation of 
                                the State Digital Equity Plan of the 
                                State;
                                    (bb) pursue digital inclusion 
                                activities in the State consistent with 
                                the State Digital Equity Plan of the 
                                State; and
                                    (cc) report to the State regarding 
                                the digital inclusion activities of the 
                                entity.
                          
                      (II) <<NOTE: Requirement. Certification.>> Before 
                      an administering entity for an eligible State may 
                      award a grant under subclause (I), the 
                      administering entity shall require the entity to 
                      which the grant is awarded to certify that--
                                    (aa) the entity shall carry out the 
                                activities required under items (aa), 
                                (bb), and (cc) of that subclause;
                                    (bb) the receipt of the grant shall 
                                not result in unjust enrichment of the 
                                entity; and
                                    (cc) <<NOTE: Evaluation.>> the 
                                entity shall cooperate with any 
                                evaluation--
                                            (AA) of any program that 
                                        relates to a grant awarded to 
                                        the entity; and
                                            (BB) that is carried out by 
                                        or for the administering entity, 
                                        the Assistant Secretary, or 
                                        another Federal official.
                          (iv)(I) <<NOTE: Evaluation.>> Subject to 
                      subclause (II), to evaluate the efficacy of the 
                      efforts funded by grants made under clause (iii).
                          (II) An administering entity for an eligible 
                      State to which a grant is awarded under this 
                      subsection may use not more than 5 percent of the 
                      amount of the grant for a purpose described in 
                      subclause (I).
                          (v)(I) Subject to subclause (II), for the 
                      administrative costs incurred in carrying out the 
                      activities described in clauses (i) through (iv).

[[Page 135 STAT. 1220]]

                          (II) An administering entity for an eligible 
                      State to which a grant is awarded under this 
                      subsection may use not more than 3 percent of the 
                      amount of the grant for a purpose described in 
                      subclause (I).

    (e) Assurances.--When applying for a grant under this section, a 
State shall include in the application for that grant assurances that--
            (1) if an entity described in section 60305(b) is awarded 
        grant funds under this section (referred to in this subsection 
        as a ``covered recipient''), provide that--
                    (A) the covered recipient shall use the grant funds 
                in accordance with any applicable statute, regulation, 
                and application procedure;
                    (B) the administering entity for that State shall 
                adopt and use proper methods of administering any grant 
                that the covered recipient is awarded, including by--
                          (i) enforcing any obligation imposed under law 
                      on any agency, institution, organization, or other 
                      entity that is responsible for carrying out the 
                      program to which the grant relates;
                          (ii) correcting any deficiency in the 
                      operation of a program to which the grant relates, 
                      as identified through an audit or another 
                      monitoring or evaluation procedure; and
                          (iii) <<NOTE: Procedures.>> adopting written 
                      procedures for the receipt and resolution of 
                      complaints alleging a violation of law with 
                      respect to a program to which the grant relates; 
                      and
                    (C) <<NOTE: Evaluation.>> the administering entity 
                for that State shall cooperate in carrying out any 
                evaluation--
                          (i) of any program that relates to a grant 
                      awarded to the covered recipient; and
                          (ii) that is carried out by or for the 
                      Assistant Secretary or another Federal official;
            (2) the administering entity for that State shall--
                    (A) use fiscal control and fund accounting 
                procedures that ensure the proper disbursement of, and 
                accounting for, any Federal funds that the State is 
                awarded under this section;
                    (B) <<NOTE: Reports.>> submit to the Assistant 
                Secretary any reports that may be necessary to enable 
                the Assistant Secretary to perform the duties of the 
                Assistant Secretary under this section;
                    (C) <<NOTE: Records. Determination.>>  maintain any 
                records and provide any information to the Assistant 
                Secretary, including those records, that the Assistant 
                Secretary determines is necessary to enable the 
                Assistant Secretary to perform the duties of the 
                Assistant Secretary under this section; and
                    (D) <<NOTE: Public comment.>> with respect to any 
                significant proposed change or amendment to the State 
                Digital Equity Plan for the State, make the change or 
                amendment available for public comment in accordance 
                with subsection (c)(2); and
            (3) <<NOTE: Compliance.>> the State, before submitting to 
        the Assistant Secretary the State Digital Equity Plan of the 
        State, has complied with the requirements of subsection (c)(2).

    (f) Termination of Grant.--

[[Page 135 STAT. 1221]]

            (1) In general.--The Assistant Secretary shall terminate a 
        grant awarded to an eligible State under this section if, after 
        notice to the State and opportunity for a hearing, the Assistant 
        Secretary--
                    (A) presents to the State a rationale and supporting 
                information that clearly demonstrates that--
                          (i) the grant funds are not contributing to 
                      the development or execution of the State Digital 
                      Equity Plan of the State, as applicable; and
                          (ii) the State is not upholding assurances 
                      made by the State to the Assistant Secretary under 
                      subsection (e); and
                    (B) <<NOTE: Determination.>>  determines that the 
                grant is no longer necessary to achieve the original 
                purpose for which Assistant Secretary awarded the grant.
            (2) Redistribution.--If the Assistant Secretary, in a fiscal 
        year, terminates a grant under paragraph (1), the Assistant 
        Secretary shall redistribute the unspent grant amounts--
                    (A) to eligible States to which the Assistant 
                Secretary has awarded grants under subsection (d) for 
                that fiscal year; and
                    (B) in accordance with the formula described in 
                subsection (d)(3)(A)(i).

    (g) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
            (1) shall--
                    (A) <<NOTE: Public information.>> require any entity 
                to which a grant, including a subgrant, is awarded under 
                this section to publicly report, for each year during 
                the period described in subsection (c)(3)(D)(ii) or 
                (d)(3)(B), as applicable, with respect to the grant, and 
                in a format specified by the Assistant Secretary, on--
                          (i) the use of that grant by the entity;
                          (ii) the progress of the entity towards 
                      fulfilling the objectives for which the grant was 
                      awarded; and
                          (iii) the implementation of the State Digital 
                      Equity Plan of the State;
                    (B) establish appropriate mechanisms to ensure that 
                each eligible State to which a grant is awarded under 
                this section--
                          (i) uses the grant amounts in an appropriate 
                      manner; and
                          (ii) <<NOTE: Compliance.>> complies with all 
                      terms with respect to the use of the grant 
                      amounts; and
                    (C) <<NOTE: Database. Web posting.>>  create and 
                maintain a fully searchable database, which shall be 
                accessible on the internet at no cost to the public, 
                that contains, at a minimum--
                          (i) the application of each State that has 
                      applied for a grant under this section;
                          (ii) the status of each application described 
                      in clause (i);
                          (iii) <<NOTE: Reports.>> each report submitted 
                      by an entity under subparagraph (A);
                          (iv) <<NOTE: Record.>>  a record of public 
                      comments made regarding the State Digital Equity 
                      Plan of a State, as well as any written responses 
                      to or actions taken as a result of those comments; 
                      and

[[Page 135 STAT. 1222]]

                          (v) any other information that is sufficient 
                      to allow the public to understand and monitor 
                      grants awarded under this section; and
            (2) may establish additional reporting and information 
        requirements for any recipient of a grant under this section.

    (h) Supplement Not Supplant.--A grant or subgrant awarded under this 
section shall supplement, not supplant, other Federal or State funds 
that have been made available to carry out activities described in this 
section.
    (i) <<NOTE: Contracts.>>  Set Asides.--From amounts made available 
in a fiscal year to carry out the Program, the Assistant Secretary shall 
reserve--
            (1) not more than 5 percent for the implementation and 
        administration of the Program, which shall include--
                    (A) providing technical support and assistance, 
                including ensuring consistency in data reporting;
                    (B) providing assistance to--
                          (i) States, or administering entities for 
                      States, to prepare the applications of those 
                      States; and
                          (ii) administering entities with respect to 
                      grants awarded under this section; and
                    (C) developing the report required under section 
                60306(a);
            (2) <<NOTE: Native Americans.>> not less than 5 percent to 
        award grants to, or enter into contracts or cooperative 
        agreements with, Indian Tribes, Alaska Native entities, and 
        Native Hawaiian organizations to allow those tribes, entities, 
        and organizations to carry out the activities described in this 
        section; and
            (3) <<NOTE: Territories.>> not less than 1 percent to award 
        grants to, or enter into contracts or cooperative agreements 
        with, the United States Virgin Islands, Guam, American Samoa, 
        the Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States that is not a State 
        to enable those entities to carry out the activities described 
        in this section.

    (j) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $60,000,000 for the award of grants under subsection 
        (c)(3), which shall remain available until expended;
            (2) for the award of grants under subsection (d)--
                    (A) $240,000,000 for fiscal year 2022; and
                    (B) $300,000,000 for each of fiscal years 2023 
                through 2026; and
            (3) such sums as may be necessary to carry out this section 
        for each fiscal year after the end of the 5-fiscal year period 
        described in paragraph (2).
SEC. 60305. <<NOTE: 47 USC 1724.>>  DIGITAL EQUITY COMPETITIVE 
                            GRANT PROGRAM.

    (a) Establishment.--
            (1) <<NOTE: Deadline.>> In general.--Not later than 30 days 
        after the date on which the Assistant Secretary begins awarding 
        grants under section 60304(d), and not before that date, the 
        Assistant Secretary shall establish in the Department of 
        Commerce the Digital Equity Competitive Grant Program (referred 
        to in this section as the ``Program''), the purpose of which is 
        to award grants to support efforts to achieve digital equity, 
        promote

[[Page 135 STAT. 1223]]

        digital inclusion activities, and spur greater adoption of 
        broadband among covered populations.
            (2) Consultation; no conflict.--In establishing the Program 
        under paragraph (1), the Assistant Secretary--
                    (A) may consult a State with respect to--
                          (i) the identification of groups described in 
                      subparagraphs (A) through (H) of section 60302(8) 
                      located in that State; and
                          (ii) the allocation of grant funds within that 
                      State for projects in or affecting the State; and
                    (B) shall--
                          (i) consult with--
                                    (I) the Secretary of Agriculture;
                                    (II) the Secretary of Housing and 
                                Urban Development;
                                    (III) the Secretary of Education;
                                    (IV) the Secretary of Labor;
                                    (V) the Secretary of Health and 
                                Human Services;
                                    (VI) the Secretary of Veterans 
                                Affairs;
                                    (VII) the Secretary of the Interior;
                                    (VIII) the Federal Communications 
                                Commission;
                                    (IX) the Federal Trade Commission;
                                    (X) the Director of the Institute of 
                                Museum and Library Services;
                                    (XI) the Administrator of the Small 
                                Business Administration;
                                    (XII) the Federal Co-Chair of the 
                                Appalachian Regional Commission; and
                                    (XIII) <<NOTE: Determination.>>  the 
                                head of any other agency that the 
                                Assistant Secretary determines to be 
                                appropriate; and
                          (ii) ensure that the Program complements and 
                      enhances, and does not conflict with, other 
                      Federal broadband initiatives and programs.

    (b) Eligibility.--The Assistant Secretary may award a grant under 
the Program to any of the following entities if the entity is not 
serving, and has not served, as the administering entity for a State 
under section 60304(b):
            (1) A political subdivision, agency, or instrumentality of a 
        State, including an agency of a State that is responsible for 
        administering or supervising adult education and literacy 
        activities, or for providing public housing, in the State.
            (2) An Indian Tribe, an Alaska Native entity, or a Native 
        Hawaiian organization.
            (3) A foundation, corporation, institution, or association 
        that is--
                    (A) a not-for-profit entity; and
                    (B) not a school.
            (4) A community anchor institution.
            (5) A local educational agency.
            (6) An entity that carries out a workforce development 
        program.
            (7) A partnership between any of the entities described in 
        paragraphs (1) through (6).
            (8) A partnership between--

[[Page 135 STAT. 1224]]

                    (A) an entity described in any of paragraphs (1) 
                through (6); and
                    (B) an entity that--
                          (i) the Assistant Secretary, by rule, 
                      determines to be in the public interest; and
                          (ii) is not a school.

    (c) Application.--An entity that wishes to be awarded a grant under 
the Program shall submit to the Assistant Secretary an application--
            (1) at such time, in such form, and containing such 
        information as the Assistant Secretary may require; and
            (2) that--
                    (A) provides a detailed explanation of how the 
                entity will use any grant amounts awarded under the 
                Program to carry out the purposes of the Program in an 
                efficient and expeditious manner;
                    (B) identifies the period in which the applicant 
                will expend the grant funds awarded under the Program;
                    (C) includes--
                          (i) a justification for the amount of the 
                      grant that the applicant is requesting; and
                          (ii) for each fiscal year in which the 
                      applicant will expend the grant funds, a budget 
                      for the activities that the grant funds will 
                      support;
                    (D) demonstrates to the satisfaction of the 
                Assistant Secretary that the entity--
                          (i) is capable of carrying out--
                                    (I) the project or function to which 
                                the application relates; and
                                    (II) the activities described in 
                                subsection (h)--
                                            (aa) in a competent manner; 
                                        and
                                            (bb) in compliance with all 
                                        applicable Federal, State, and 
                                        local laws; and
                          (ii) if the applicant is an entity described 
                      in subsection (b)(1), shall appropriate or 
                      otherwise unconditionally obligate from non-
                      Federal sources funds that are necessary to meet 
                      the requirements of subsection (e);
                    (E) discloses to the Assistant Secretary the source 
                and amount of other Federal, State, or outside funding 
                sources from which the entity receives, or has applied 
                for, funding for activities or projects to which the 
                application relates; and
                    (F) provides--
                          (i) the assurances that are required under 
                      subsection (f); and
                          (ii) an assurance that the entity shall follow 
                      such additional procedures as the Assistant 
                      Secretary may require to ensure that grant funds 
                      are used and accounted for in an appropriate 
                      manner.

    (d) Award of Grants.--
            (1) Factors considered in award of grants.--In deciding 
        whether to award a grant under the Program, the Assistant 
        Secretary shall, to the extent practicable, consider--
                    (A) whether an application shall, if approved--

[[Page 135 STAT. 1225]]

                          (i) increase internet access and the adoption 
                      of broadband among covered populations to be 
                      served by the applicant; and
                          (ii) not result in unjust enrichment;
                    (B) the comparative geographic diversity of the 
                application in relation to other eligible applications; 
                and
                    (C) the extent to which an application may duplicate 
                or conflict with another program.
            (2) Use of funds.--
                    (A) In general.--In addition to the activities 
                required under subparagraph (B), an entity to which the 
                Assistant Secretary awards a grant under the Program 
                shall use the grant amounts to support not less than 1 
                of the following activities:
                          (i) To develop and implement digital inclusion 
                      activities that benefit covered populations.
                          (ii) To facilitate the adoption of broadband 
                      by covered populations in order to provide 
                      educational and employment opportunities to those 
                      populations.
                          (iii) To implement, consistent with the 
                      purposes of this title--
                                    (I) training programs for covered 
                                populations that cover basic, advanced, 
                                and applied skills; or
                                    (II) other workforce development 
                                programs.
                          (iv) To make available equipment, 
                      instrumentation, networking capability, hardware 
                      and software, or digital network technology for 
                      broadband services to covered populations at low 
                      or no cost.
                          (v) To construct, upgrade, expend, or operate 
                      new or existing public access computing centers 
                      for covered populations through community anchor 
                      institutions.
                          (vi) To undertake any other project and 
                      activity that the Assistant Secretary finds to be 
                      consistent with the purposes for which the Program 
                      is established.
                    (B) Evaluation.--
                          (i) In general.--An entity to which the 
                      Assistant Secretary awards a grant under the 
                      Program shall use not more than 10 percent of the 
                      grant amounts to measure and evaluate the 
                      activities supported with the grant amounts.
                          (ii) <<NOTE: Deadlines.>> Submission to 
                      assistant secretary.--An entity to which the 
                      Assistant Secretary awards a grant under the 
                      Program shall submit to the Assistant Secretary 
                      each measurement and evaluation performed under 
                      clause (i)--
                                    (I) in a manner specified by the 
                                Assistant Secretary;
                                    (II) not later than 15 months after 
                                the date on which the entity is awarded 
                                the grant amounts; and
                                    (III) annually after the submission 
                                described in subclause (II) for any year 
                                in which the entity expends grant 
                                amounts.
                    (C) Administrative costs.--An entity to which the 
                Assistant Secretary awards a grant under the Program may 
                use not more than 10 percent of the amount of the

[[Page 135 STAT. 1226]]

                grant for administrative costs in carrying out any of 
                the activities described in subparagraph (A).
                    (D) <<NOTE: Effective dates.>>  Time limitations.--
                With respect to a grant awarded to an entity under the 
                Program, the entity--
                          (i) except as provided in clause (ii), shall 
                      expend the grant amounts during the 4-year period 
                      beginning on the date on which the entity is 
                      awarded the grant amounts; and
                          (ii) during the 1-year period beginning on the 
                      date that is 4 years after the date on which the 
                      entity is awarded the grant amounts, may continue 
                      to measure and evaluate the activities supported 
                      with the grant amounts, as required under 
                      subparagraph (B).

    (e) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of any project for which the Assistant Secretary 
        awards a grant under the Program may not exceed 90 percent.
            (2) <<NOTE: Waiver.>>  Exception.--The Assistant Secretary 
        may grant a waiver with respect to the limitation on the Federal 
        share of a project described in paragraph (1) if--
                    (A) <<NOTE: Petitions.>>  the applicant with respect 
                to the project petitions the Assistant Secretary for the 
                waiver; and
                    (B) <<NOTE: Determination.>> the Assistant Secretary 
                determines that the petition described in subparagraph 
                (A) demonstrates financial need.

    (f) Assurances.--When applying for a grant under this section, an 
entity shall include in the application for that grant assurances that 
the entity shall--
            (1) use any grant funds that the entity is awarded--
                    (A) in accordance with any applicable statute, 
                regulation, and application procedure; and
                    (B) to the extent required under applicable law;
            (2) adopt and use proper methods of administering any grant 
        that the entity is awarded, including by--
                    (A) enforcing any obligation imposed under law on 
                any agency, institution, organization, or other entity 
                that is responsible for carrying out a program to which 
                the grant relates;
                    (B) correcting any deficiency in the operation of a 
                program to which the grant relates, as identified 
                through an audit or another monitoring or evaluation 
                procedure; and
                    (C) <<NOTE: Procedures.>>  adopting written 
                procedures for the receipt and resolution of complaints 
                alleging a violation of law with respect to a program to 
                which the grant relates;
            (3) cooperate with respect to any evaluation--
                    (A) of any program that relates to a grant awarded 
                to the entity; and
                    (B) that is carried out by or for the Assistant 
                Secretary or another Federal official;
            (4) use fiscal control and fund accounting procedures that 
        ensure the proper disbursement of, and accounting for, any 
        Federal funds that the entity is awarded under the Program;
            (5) <<NOTE: Reports.>> submit to the Assistant Secretary any 
        reports that may be necessary to enable the Assistant Secretary 
        to perform the duties of the Assistant Secretary under the 
        Program; and

[[Page 135 STAT. 1227]]

            (6) <<NOTE: Records. Determination.>>  maintain any records 
        and provide any information to the Assistant Secretary, 
        including those records, that the Assistant Secretary determines 
        is necessary to enable the Assistant Secretary to perform the 
        duties of the Assistant Secretary under the Program.

    (g) Deobligation or Termination of Grant.--In addition to other 
authority under applicable law, the Assistant Secretary may--
            (1) deobligate or terminate a grant awarded to an entity 
        under this section if, after notice to the entity and 
        opportunity for a hearing, the Assistant Secretary--
                    (A) presents to the entity a rationale and 
                supporting information that clearly demonstrates that--
                          (i) the grant funds are not being used in a 
                      manner that is consistent with the application 
                      with respect to the grant submitted by the entity 
                      under subsection (c); and
                          (ii) the entity is not upholding assurances 
                      made by the entity to the Assistant Secretary 
                      under subsection (f); and
                    (B) <<NOTE: Determination.>>  determines that the 
                grant is no longer necessary to achieve the original 
                purpose for which Assistant Secretary awarded the grant; 
                and
            (2) with respect to any grant funds that the Assistant 
        Secretary deobligates or terminates under paragraph (1), 
        competitively award the grant funds to another applicant, 
        consistent with the requirements of this section.

    (h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
            (1) shall--
                    (A) require any entity to which the Assistant 
                Secretary awards a grant under the Program to, for each 
                year during the period described in subsection (d)(2)(D) 
                with respect to the grant, submit to the Assistant 
                Secretary a report, in a format specified by the 
                Assistant Secretary, regarding--
                          (i) the amount of the grant;
                          (ii) the use by the entity of the grant 
                      amounts; and
                          (iii) the progress of the entity towards 
                      fulfilling the objectives for which the grant was 
                      awarded;
                    (B) establish mechanisms to ensure appropriate use 
                of, and compliance with respect to all terms regarding, 
                grant funds awarded under the Program;
                    (C) <<NOTE: Database. Web posting.>> create and 
                maintain a fully searchable database, which shall be 
                accessible on the internet at no cost to the public, 
                that contains, at a minimum--
                          (i) <<NOTE: List.>>  a list of each entity 
                      that has applied for a grant under the Program;
                          (ii) a description of each application 
                      described in clause (i), including the proposed 
                      purpose of each grant described in that clause;
                          (iii) the status of each application described 
                      in clause (i), including whether the Assistant 
                      Secretary has awarded a grant with respect to the 
                      application and, if so, the amount of the grant;
                          (iv) <<NOTE: Reports.>> each report submitted 
                      by an entity under subparagraph (A); and

[[Page 135 STAT. 1228]]

                          (v) <<NOTE: Public information.>>  any other 
                      information that is sufficient to allow the public 
                      to understand and monitor grants awarded under the 
                      Program; and
                    (D) ensure that any entity with respect to which an 
                award is deobligated or terminated under subsection (g) 
                may, in a timely manner, appeal or otherwise challenge 
                that deobligation or termination, as applicable; and
            (2) may establish additional reporting and information 
        requirements for any recipient of a grant under the Program.

    (i) Supplement Not Supplant.--A grant awarded to an entity under the 
Program shall supplement, not supplant, other Federal or State funds 
that have been made available to the entity to carry out activities 
described in this section.
    (j) <<NOTE: Contracts.>> Set Asides.--From amounts made available in 
a fiscal year to carry out the Program, the Assistant Secretary shall 
reserve--
            (1) 5 percent for the implementation and administration of 
        the Program, which shall include--
                    (A) providing technical support and assistance, 
                including ensuring consistency in data reporting;
                    (B) providing assistance to entities to prepare the 
                applications of those entities with respect to grants 
                awarded under this section;
                    (C) developing the report required under section 
                60306(a); and
                    (D) conducting outreach to entities that may be 
                eligible to be awarded a grant under the Program 
                regarding opportunities to apply for such a grant;
            (2) <<NOTE: Native Americans.>> 5 percent to award grants 
        to, or enter into contracts or cooperative agreements with, 
        Indian Tribes, Alaska Native entities, and Native Hawaiian 
        organizations to allow those tribes, entities, and organizations 
        to carry out the activities described in this section; and
            (3) <<NOTE: Territories.>> 1 percent to award grants to, or 
        enter into contracts or cooperative agreements with, the United 
        States Virgin Islands, Guam, American Samoa, the Commonwealth of 
        the Northern Mariana Islands, and any other territory or 
        possession of the United States that is not a State to enable 
        those entities to carry out the activities described in this 
        section.

    (k) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (l) <<NOTE: Time periods.>>  Authorization of Appropriations.--There 
are authorized to be appropriated to carry out this section--
            (1) $250,000,000 for each of the first 5 fiscal years in 
        which funds are made available to carry out this section; and
            (2) such sums as may be necessary for each fiscal year after 
        the end of the 5-fiscal year period described in paragraph (1).
SEC. 60306. <<NOTE: 47 USC 1725.>>  POLICY RESEARCH, DATA 
                            COLLECTION, ANALYSIS AND MODELING, 
                            EVALUATION, AND DISSEMINATION.

    (a) Reporting Requirements.--
            (1) In general.--Not later than 1 year after the date on 
        which the Assistant Secretary begins awarding grants under 
        section 60304(d)(1), and annually thereafter, the Assistant 
        Secretary shall--

[[Page 135 STAT. 1229]]

                    (A) submit to the appropriate committees of Congress 
                a report that documents, for the year covered by the 
                report--
                          (i) the findings of each evaluation conducted 
                      under subparagraph (B);
                          (ii) <<NOTE: List.>>  a list of each grant 
                      awarded under each covered program, which shall 
                      include--
                                    (I) the amount of each such grant;
                                    (II) the recipient of each such 
                                grant; and
                                    (III) the purpose for which each 
                                such grant was awarded;
                          (iii) any deobligation, termination, or 
                      modification of a grant awarded under the covered 
                      programs, which shall include a description of the 
                      subsequent usage of any funds to which such an 
                      action applies; and
                          (iv) each challenge made by an applicant for, 
                      or a recipient of, a grant under the covered 
                      programs and the outcome of each such challenge; 
                      and
                    (B) conduct evaluations of the activities carried 
                out under the covered programs, which shall include an 
                evaluation of--
                          (i) whether eligible States to which grants 
                      are awarded under the program established under 
                      section 60304 are--
                                    (I) abiding by the assurances made 
                                by those States under subsection (e) of 
                                that section;
                                    (II) meeting, or have met, the 
                                stated goals of the Digital Equity Plans 
                                developed by the States under subsection 
                                (c) of that section;
                                    (III) satisfying the requirements 
                                imposed by the Assistant Secretary on 
                                those States under subsection (g) of 
                                that section; and
                                    (IV) in compliance with any other 
                                rules, requirements, or regulations 
                                promulgated by the Assistant Secretary 
                                in implementing that program; and
                          (ii) whether entities to which grants are 
                      awarded under the program established under 
                      section 60305 are--
                                    (I) abiding by the assurances made 
                                by those entities under subsection (f) 
                                of that section;
                                    (II) meeting, or have met, the 
                                stated goals of those entities with 
                                respect to the use of the grant amounts;
                                    (III) satisfying the requirements 
                                imposed by the Assistant Secretary on 
                                those States under subsection (h) of 
                                that section; and
                                    (IV) in compliance with any other 
                                rules, requirements, or regulations 
                                promulgated by the Assistant Secretary 
                                in implementing that program.
            (2) <<NOTE: Web posting.>>  Public availability.--The 
        Assistant Secretary shall make each report submitted under 
        paragraph (1)(A) publicly available in an online format that--
                    (A) facilitates access and ease of use;
                    (B) is searchable; and
                    (C) is accessible--
                          (i) to individuals with disabilities; and

[[Page 135 STAT. 1230]]

                          (ii) in languages other than English.

    (b) Authority to Contract and Enter Into Other Arrangements.--The 
Assistant <<NOTE: Determination.>>  Secretary may award grants and enter 
into contracts, cooperative agreements, and other arrangements with 
Federal agencies, public and private organizations, and other entities 
with expertise that the Assistant Secretary determines appropriate in 
order to--
            (1) evaluate the impact and efficacy of activities supported 
        by grants awarded under the covered programs; and
            (2) develop, catalog, disseminate, and promote the exchange 
        of best practices, both with respect to and independent of the 
        covered programs, in order to achieve digital equity.

    (c) Consultation and Public Engagement.--In carrying out subsection 
(a), and to further the objectives described in paragraphs (1) and (2) 
of subsection (b), the Assistant Secretary shall conduct ongoing 
collaboration and consult with--
            (1) the Secretary of Agriculture;
            (2) the Secretary of Housing and Urban Development;
            (3) the Secretary of Education;
            (4) the Secretary of Labor;
            (5) the Secretary of Health and Human Services;
            (6) the Secretary of Veterans Affairs;
            (7) the Secretary of the Interior;
            (8) the Federal Communications Commission;
            (9) the Federal Trade Commission;
            (10) the Director of the Institute of Museum and Library 
        Services;
            (11) the Administrator of the Small Business Administration;
            (12) the Federal Co-Chair of the Appalachian Regional 
        Commission;
            (13) State agencies and governors of States (or equivalent 
        officials);
            (14) entities serving as administering entities for States 
        under section 60304(b);
            (15) national, State, tribal, and local organizations that 
        provide digital inclusion, digital equity, or digital literacy 
        services;
            (16) researchers, academics, and philanthropic 
        organizations; and
            (17) <<NOTE: Determination.>> other agencies, organizations 
        (including international organizations), entities (including 
        entities with expertise in the fields of data collection, 
        analysis and modeling, and evaluation), and community 
        stakeholders, as determined appropriate by the Assistant 
        Secretary.

    (d) Technical Support and Assistance.--The Assistant Secretary shall 
provide technical support and assistance, assistance to entities to 
prepare the applications of those entities with respect to grants 
awarded under the covered programs, and other resources, to the extent 
practicable, to ensure consistency in data reporting and to meet the 
objectives of this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
which shall remain available until expended.
SEC. 60307. <<NOTE: 47 USC 1726.>>  GENERAL PROVISIONS.

    (a) Nondiscrimination.--

[[Page 135 STAT. 1231]]

            (1) In general.--No individual in the United States may, on 
        the basis of actual or perceived race, color, religion, national 
        origin, sex, gender identity, sexual orientation, age, or 
        disability, be excluded from participation in, be denied the 
        benefits of, or be subjected to discrimination under any program 
        or activity that is funded in whole or in part with funds made 
        available to carry out this title.
            (2) Enforcement.--The Assistant Secretary shall effectuate 
        paragraph (1) with respect to any program or activity described 
        in that paragraph by issuing regulations and taking actions 
        consistent with section 602 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d-1).
            (3) Judicial review.--Judicial review of an action taken by 
        the Assistant Secretary under paragraph (2) shall be available 
        to the extent provided in section 603 of the Civil Rights Act of 
        1964 (42 U.S.C. 2000d-2).

    (b) Technological Neutrality.--The Assistant Secretary shall, to the 
extent practicable, carry out this title in a technologically neutral 
manner.
    (c) <<NOTE: Effective date. Time periods. Appropriation 
authorization.>> Audit and Oversight.--Beginning in the first fiscal 
year in which amounts are made available to carry out an activity 
authorized under this title, and in each of the 4 fiscal years 
thereafter, there is authorized to be appropriated to the Office of 
Inspector General for the Department of Commerce $1,000,000 for audits 
and oversight of funds made available to carry out this title, which 
shall remain available until expended.

         TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE

SEC. 60401. <<NOTE: 47 USC 1741.>>  ENABLING MIDDLE MILE BROADBAND 
                            INFRASTRUCTURE.

    (a) Definitions.--In this section:
            (1) Anchor institution.--The term ``anchor institution'' 
        means a school, library, medical or healthcare provider, 
        community college or other institution of higher education, or 
        other community support organization or entity.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications and 
        Information.
            (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, political subdivision of a State, 
                Tribal government, technology company, electric utility, 
                utility cooperative, public utility district, 
                telecommunications company, telecommunications 
                cooperative, nonprofit foundation, nonprofit 
                corporation, nonprofit institution, nonprofit 
                association, regional planning counsel, Native entity, 
                or economic development authority; or
                    (B) a partnership of 2 or more entities described in 
                subparagraph (A).
            (5) FCC fixed broadband map.--The term ``FCC fixed broadband 
        map'' means the map created by the Commission under section 
        802(c)(1)(B) of the Communications Act of 1934 (47 U.S.C. 
        642(c)(1)(B)).

[[Page 135 STAT. 1232]]

            (6) Indian tribe.--The term ``Indian Tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304)).
            (7) Interconnect.--The term ``interconnect'' means the 
        physical linking of 2 networks for the mutual exchange of 
        traffic on non-discriminatory terms and conditions.
            (8) Internet exchange facility.--The term ``internet 
        exchange facility'' means physical infrastructure through which 
        internet service providers and content delivery networks 
        exchange internet traffic between their networks.
            (9) Middle mile infrastructure.--The term ``middle mile 
        infrastructure''--
                    (A) means any broadband infrastructure that does not 
                connect directly to an end-user location, including an 
                anchor institution; and
                    (B) includes--
                          (i) leased dark fiber, interoffice transport, 
                      backhaul, carrier-neutral internet exchange 
                      facilities, carrier-neutral submarine cable 
                      landing stations, undersea cables, transport 
                      connectivity to data centers, special access 
                      transport, and other similar services; and
                          (ii) wired or private wireless broadband 
                      infrastructure, including microwave capacity, 
                      radio tower access, and other services or 
                      infrastructure for a private wireless broadband 
                      network, such as towers, fiber, and microwave 
                      links.
            (10) Middle mile grant.--The term ``middle mile grant'' 
        means a grant awarded under subsection (c).
            (11) Native entity.--The term ``Native entity'' means--
                    (A) an Indian Tribe;
                    (B) an Alaska Native Corporation;
                    (C) a Native Hawaiian organization (as defined in 
                section 6207 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7517));
                    (D) the Department of Hawaiian Home Lands; and
                    (E) the Office of Hawaiian Affairs.
            (12) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
            (13) Submarine cable landing station.--The term ``submarine 
        cable landing station'' means a cable landing station, as that 
        term is used in section 1.767(a)(5) of title 47, Code of Federal 
        Regulations (or any successor regulation), that can be utilized 
        to land a submarine cable by an entity that has obtained a 
        license under the first section of the Act entitled ``An Act 
        relating to the landing and operation of submarine cables in the 
        United States'', approved May 27, 1921 (47 U.S.C. 34) (commonly 
        known as the ``Cable Landing Licensing Act'').
            (14) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, community, 
        component band, or component reservation, individually 
        identified (including parenthetically) in the list published 
        most recently as of the date of enactment of this Act pursuant 
        to section 104 of the Federally Recognized Indian Tribe List Act 
        of 1994 (25 U.S.C. 5131).

[[Page 135 STAT. 1233]]

            (15) Trust land.--The term ``trust land'' has the meaning 
        given the term in section 3765 of title 38, United States Code.
            (16) Underserved.--The term ``underserved'', with respect to 
        an area, means an area--
                    (A) that is designated as a Tribally underserved 
                area through the process described in subsection (g); or
                    (B) that--
                          (i) is of a standard size not larger than a 
                      census block, as established by the Commission;
                          (ii) is not an unserved area; and
                          (iii) as determined in accordance with the FCC 
                      fixed broadband map, does not have access to 
                      broadband service with--
                                    (I) except as provided in subclause 
                                (II)--
                                            (aa) a download speed of not 
                                        less than 100 megabits per 
                                        second; and
                                            (bb) an upload speed of not 
                                        less than 20 megabits per 
                                        second; or
                                    (II) minimum download and upload 
                                speeds established as benchmarks by the 
                                Commission for purposes of this Act 
                                after the date of enactment of this Act, 
                                if those minimum speeds are higher than 
                                the minimum speeds required under 
                                subclause (I).
            (17) Unserved.--The term ``unserved'', with respect to an 
        area, means an area--
                    (A) that is designated as a Tribally underserved 
                area through the process described in subsection (g); or
                    (B) that--
                          (i) is of a standard size not larger than a 
                      census block, as established by the Commission; 
                      and
                          (ii) as determined in accordance with the FCC 
                      fixed broadband map, does not have access to 
                      broadband service with--
                                    (I) except as provided in subclause 
                                (II)--
                                            (aa) a download speed of not 
                                        less than 25 megabits per 
                                        second; and
                                            (bb) an upload speed of not 
                                        less than 3 megabits per second; 
                                        or
                                    (II) minimum download and upload 
                                speeds established as benchmarks by the 
                                Commission for purposes of this Act 
                                after the date of enactment of this Act, 
                                if those minimum speeds are higher than 
                                the minimum speeds required under 
                                subclause (I).

    (b) Purpose; Sense of Congress.--
            (1) Purpose.--The purposes of this section are--
                    (A) to encourage the expansion and extension of 
                middle mile infrastructure to reduce the cost of 
                connecting unserved and underserved areas to the 
                backbone of the internet (commonly referred to as the 
                ``last mile''); and
                    (B) to promote broadband connection resiliency 
                through the creation of alternative network connection 
                paths that can be designed to prevent single points of 
                failure on a broadband network.
            (2) Sense of congress.--It is the sense of Congress that--

[[Page 135 STAT. 1234]]

                    (A) in awarding middle mile grants, the Assistant 
                Secretary should give priority to--
                          (i) projects that leverage existing rights-of-
                      way, assets, and infrastructure to minimize 
                      financial, regulatory, and permitting challenges;
                          (ii) projects in which the eligible entity 
                      designs the route of the middle mile 
                      infrastructure to enable the connection of 
                      unserved anchor institutions, including Tribal 
                      anchor institutions; and
                          (iii) projects that facilitate the development 
                      of carrier-neutral interconnection facilities; and
                          (iv) projects that--
                                    (I) improve the redundancy and 
                                resiliency of existing middle mile 
                                infrastructure; and
                                    (II) reduce regulatory and 
                                permitting barriers to promote the 
                                construction of new middle mile 
                                infrastructure; and
                    (B) a regulated utility should use funds received 
                from a middle mile grant as a supplement to the core 
                utility capital investment plan of the regulated utility 
                to--
                          (i) facilitate increased broadband resiliency 
                      or redundancy of existing middle mile 
                      infrastructure; or
                          (ii) provide connectivity to unserved areas 
                      and underserved areas within the service territory 
                      of the utility and nearby communities.

    (c) Middle Mile Grants.--The Assistant Secretary shall establish a 
program under which the Assistant Secretary makes grants on a 
technology-neutral, competitive basis to eligible entities for the 
construction, improvement, or acquisition of middle mile infrastructure.
    (d) Applications for Grants.--
            (1) In general.--The Assistant Secretary shall establish an 
        application process for middle mile grants in accordance with 
        this subsection.
            (2) Evaluation of applications.--In establishing an 
        application process for middle mile grants under paragraph (1), 
        the Assistant Secretary shall give priority to an application 
        from an eligible entity that satisfies 2 or more of the 
        following conditions:
                    (A) The eligible entity adopts fiscally sustainable 
                middle mile strategies.
                    (B) The eligible entity commits to offering non-
                discriminatory interconnect to terrestrial and wireless 
                last mile broadband providers and any other party making 
                a bona fide request.
                    (C) The eligible entity identifies specific 
                terrestrial and wireless last mile broadband providers 
                that have--
                          (i) expressed written interest in 
                      interconnecting with middle mile infrastructure 
                      planned to be deployed by the eligible entity; and
                          (ii) demonstrated sustainable business plans 
                      or adequate funding sources with respect to the 
                      interconnect described in clause (i).
                    (D) The eligible entity has identified supplemental 
                investments or in-kind support (such as waived franchise 
                or permitting fees) that will accelerate the completion 
                of the planned project.

[[Page 135 STAT. 1235]]

                    (E) The eligible entity has demonstrated that the 
                middle mile infrastructure will benefit national 
                security interests of the United States and the 
                Department of Defense.
            (3) <<NOTE: Requirement.>> Grant application competence.--
        The Assistant Secretary shall include in the application process 
        established under paragraph (1) a requirement that an eligible 
        entity provide evidence that the eligible entity is capable of 
        carrying out a proposed project in a competent manner, including 
        by demonstrating that the eligible entity has the financial, 
        technical, and operational capability to carry out the proposed 
        project and operate the resulting middle mile broadband network.

    (e) Eligibility.--
            (1) Prioritization.--To be eligible to obtain a middle mile 
        grant, an eligible entity shall agree, in the application 
        submitted through the process established under subsection (d), 
        to prioritize--
                    (A) connecting middle mile infrastructure to last 
                mile networks that provide or plan to provide broadband 
                service to households in unserved areas;
                    (B) connecting non-contiguous trust lands; or
                    (C) the offering of wholesale broadband service at 
                reasonable rates on a carrier-neutral basis.
            (2) <<NOTE: Deadline.>>  Buildout timeline.--Subject to 
        paragraph (5), to be eligible to obtain a middle mile grant, an 
        eligible entity shall agree, in the application submitted 
        through the process established under subsection (d), to 
        complete buildout of the middle mile infrastructure described in 
        the application by not later than 5 years after the date on 
        which amounts from the grant are made available to the eligible 
        entity.
            (3) Project eligibility requirements.--
                    (A) Capability to support retail broadband 
                service.--A <<NOTE: Determination.>> project shall be 
                eligible for a middle mile grant if, at the time of the 
                application, the Assistant Secretary determines that the 
                proposed middle mile broadband network will be capable 
                of supporting retail broadband service.
                    (B) Mapping data.--
                          (i) Use of most recent data.--In mapping out 
                      gaps in broadband coverage, an eligible entity 
                      that uses a middle mile grant to build out 
                      terrestrial or fixed wireless middle mile 
                      infrastructure shall use the most recent broadband 
                      mapping data available from one of the following 
                      sources:
                                    (I) The FCC fixed broadband map.
                                    (II) The State in which the area 
                                that will be served by the middle mile 
                                infrastructure is located, or the Tribal 
                                government with jurisdiction over the 
                                area that will be served by the middle 
                                mile infrastructure (if applicable).
                                    (III) Speed and usage surveys of 
                                existing broadband service that--
                                            (aa) demonstrate that more 
                                        than 25 percent of the 
                                        respondents display a broadband 
                                        service speed that is slower 
                                        than the speeds required for an 
                                        area to qualify as unserved; and

[[Page 135 STAT. 1236]]

                                            (bb) are conducted by--
                                                (AA) the eligible 
                                            entity;
                                                (BB) the State in which 
                                            the area that will be served 
                                            by the middle mile 
                                            infrastructure is located; 
                                            or
                                                (CC) the Tribal 
                                            government with jurisdiction 
                                            over the area that will be 
                                            served by the middle mile 
                                            infrastructure (if 
                                            applicable).
                          (ii) Sharing facility locations.--
                                    (I) Definition.--In this clause, the 
                                term ``covered recipient'', with respect 
                                to an eligible entity, means--
                                            (aa) the Assistant 
                                        Secretary;
                                            (bb) the Commission;
                                            (cc) the Tribal government 
                                        with jurisdiction over the area 
                                        that will be served by the 
                                        middle mile infrastructure (if 
                                        applicable); and
                                            (dd) the State broadband 
                                        office for the State in which 
                                        the area that will be served by 
                                        the middle mile infrastructure 
                                        is located.
                                    (II) Provision of information.--
                                Subject to subclauses (III) and (IV), an 
                                eligible entity that constructs, 
                                improves, or acquires middle mile 
                                infrastructure using a middle mile grant 
                                shall share with each covered recipient 
                                the location of all the middle mile 
                                broadband infrastructure.
                                    
                                (III) <<NOTE: Determination.>> Format.--
                                An eligible entity shall provide the 
                                information required under subclause 
                                (II) to each covered recipient in a 
                                uniform format determined by the 
                                Assistant Secretary.
                                    (IV) Protection of information.--
                                            (aa) In general.--The 
                                        information provided by an 
                                        eligible entity under subclause 
                                        (II) may only be used for 
                                        purposes of carrying out the 
                                        grant program under subsection 
                                        (c) and any reporting related 
                                        thereto.
                                            (bb) Legal defenses.--
                                                (AA) In general.--A 
                                            covered recipient may not 
                                            receive information under 
                                            subclause (II) unless the 
                                            covered recipient agrees in 
                                            writing to assert all 
                                            available legal defenses to 
                                            the disclosure of the 
                                            information if a person or 
                                            entity seeks disclosure from 
                                            the covered recipient under 
                                            any Federal, State, or local 
                                            public disclosure law.
                                                (BB) Rule of 
                                            construction.--Nothing in 
                                            subitem (AA) is intended to 
                                            be or shall be construed as 
                                            a waiver of Tribal sovereign 
                                            immunity.
                    (C) Connection to anchor institutions.--To the 
                extent feasible, an eligible entity that receives a 
                middle mile grant to build middle mile infrastructure 
                using fiber optic technology shall--

[[Page 135 STAT. 1237]]

                          (i) ensure that the proposed middle mile 
                      broadband network will be capable of providing 
                      broadband to an anchor institution at a speed of 
                      not less than--
                                    (I) 1 gigabit per second for 
                                downloads; and
                                    (II) 1 gigabit per second for 
                                uploads to an anchor institution; and
                          (ii) include direct interconnect facilities 
                      that will facilitate the provision of broadband 
                      service to anchor institutions located within 
                      1,000 feet of the middle mile infrastructure.
                    (D) Interconnection and nondiscrimination.--
                          (i) In general.--An eligible entity that 
                      receives a middle mile grant to build a middle 
                      mile project using fiber optic technology shall 
                      offer interconnection in perpetuity, where 
                      technically feasible without exceeding current or 
                      reasonably anticipated capacity limitations, on 
                      reasonable rates and terms to be negotiated with 
                      requesting parties.
                          (ii) Nature of interconnection.--The 
                      interconnection required to be offered under 
                      clause (i) includes both the ability to connect to 
                      the public internet and physical interconnection 
                      for the exchange of traffic.
                          (iii) Inclusion in application.--An applicant 
                      for a middle mile grant shall disclose the 
                      applicant's proposed interconnection, 
                      nondiscrimination, and network management 
                      practices in the application submitted through the 
                      process established under subsection (d).
            (4) Accountability.--The Assistant Secretary shall--
                    (A) establish sufficient transparency, 
                accountability, reporting, and oversight measures for 
                the grant program established under subsection (c) to 
                deter waste, fraud, and abuse of program funds; and
                    (B) establish--
                          (i) <<NOTE: Requirements.>> buildout 
                      requirements for each eligible entity that 
                      receives a middle mile grant, which shall require 
                      the completion of a certain percentage of project 
                      miles by a certain date; and
                          (ii) <<NOTE: Penalties.>>  penalties, which 
                      may include rescission of funds, for grantees that 
                      do not meet requirements described in clause (i) 
                      or the deadline under paragraph (2).
            (5) Extensions.--
                    (A) <<NOTE: Certification.>> In general.--At the 
                request of an eligible entity, the Assistant Secretary 
                may extend the buildout deadline under paragraph (2) by 
                not more than 1 year if the eligible entity certifies 
                that--
                          (i) the eligible entity has a plan for use of 
                      the middle mile grant;
                          (ii) the project to build out middle mile 
                      infrastructure is underway; or
                          (iii) extenuating circumstances require an 
                      extension of time to allow completion of the 
                      project to build out middle mile infrastructure.
                    (B) Effect on interim buildout requirements.--If the 
                Assistant Secretary grants an extension under 
                subparagraph (A), the Assistant Secretary shall modify

[[Page 135 STAT. 1238]]

                any buildout requirements established under paragraph 
                (4)(B)(i) as necessary.

    (f) Federal Share.--The amount of a middle mile grant awarded to an 
eligible entity may not exceed 70 percent of the total project cost.
    (g) <<NOTE: Consultations.>> Special Rules for Tribal Governments.--
            (1) Waivers; alternative requirements.--The Assistant 
        Secretary, in consultation with Tribal governments and Native 
        entities, may waive, or specify alternative requirements for, 
        any provision of subsections (c) through (f) if the Assistant 
        Secretary finds that the waiver or alternative requirement is 
        necessary--
                    (A) for the effective delivery and administration of 
                middle mile grants to Tribal governments; or
                    (B) the construction, improvement, or acquisition of 
                middle mile infrastructure on trust land.
            (2) Tribally unserved areas; tribally underserved areas.--
        The Assistant Secretary, in consultation with Tribal governments 
        and Native entities, shall develop a process for designating 
        Tribally unserved areas and Tribally underserved areas for 
        purposes of this section.

    (h) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to carry out this section 
$1,000,000,000 for fiscal years 2022 through 2026.

                    TITLE V--BROADBAND AFFORDABILITY

SEC. 60501. <<NOTE: 47 USC 1751.>>  DEFINITIONS.

    In this title--
            (1) the term ``broadband internet access service'' has the 
        meaning given the term in section 8.1(b) of title 47, Code of 
        Federal Regulations, or any successor regulation; and
            (2) the term ``Commission'' means the Federal Communications 
        Commission.
SEC. 60502. BROADBAND AFFORDABILITY.

    (a) Extension and Modification of Emergency Broadband Benefit.--
            (1) Extension.--Section 904 of division N of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-
        260) <<NOTE: 47 USC 1301 note, 1752.>>  is amended--
                    (A) in the heading, by striking ``during emergency 
                period relating to covid-19'';
                    (B) in subsection (a)--
                          (i) by striking paragraph (8); and
                          (ii) by redesignating paragraphs (9) through 
                      (13) as paragraphs (8) through (12), respectively; 
                      and
                    (C) in subsection (b)--
                          (i) in paragraph (1), by striking ``during the 
                      emergency period'';
                          (ii) in paragraph (4), by striking ``during 
                      the emergency period''; and
                          (iii) in paragraph (5), by striking ``during 
                      the emergency period,''.
            (2) Change to program name.--Section 904 of division N of 
        the Consolidated Appropriations Act, 2021 (Public Law

[[Page 135 STAT. 1239]]

        116-260), as amended by paragraph (1) of this subsection, is 
        amended--
                    (A) in subsection (a)(7), in the heading, by 
                striking ``Emergency broadband'' and inserting 
                ``Affordable connectivity'';
                    (B) in subsection (b), in the heading, by striking 
                ``Emergency Broadband Benefit'' and inserting 
                ``Affordable Connectivity'';
                    (C) in subsection (i), in the heading, by striking 
                ``Emergency Broadband'' and inserting ``Affordable'';
                    (D) by striking ``Emergency Broadband Benefit'' each 
                place the term appears and inserting ``Affordable 
                Connectivity'';
                    (E) by striking ``Emergency Broadband'' each place 
                the term appears and inserting ``Affordable''; and
                    (F) by striking ``emergency broadband'' each place 
                the term appears and inserting ``affordable 
                connectivity''.
            (3) Other initial modifications.--Section 904 of division N 
        of the Consolidated Appropriations Act, 2021 (Public Law 116-
        260), as amended by paragraph (2) of this subsection, is 
        amended--
                    (A) in subsection (a)(7)--
                          (i) by striking ``The term'' and inserting the 
                      following:
                    ``(A) In general.--Subject to subparagraph (B), the 
                term''; and
                          (ii) by adding at the end the following:
                    ``(B) <<NOTE: Regulations.>> High-cost areas.--The 
                Commission shall, by regulation, establish a mechanism 
                by which a participating provider in a high-cost area 
                (as defined in section 60102(a)(2) of the Infrastructure 
                Investment and Jobs Act) may provide an affordable 
                connectivity benefit in an amount up to the amount 
                specified in subparagraph (A) for an internet service 
                offering provided on Tribal land upon a showing that the 
                applicability of the lower limit under subparagraph (A) 
                to the provision of the affordable connectivity benefit 
                by the provider would cause particularized economic 
                hardship to the provider such that the provider may not 
                be able to maintain the operation of part or all of its 
                broadband network.'';
                    (B) in subsection (b)--
                          (i) by redesignating paragraphs (7) through 
                      (10) as paragraphs (12) through (15), 
                      respectively;
                          (ii) by inserting after paragraph (6) the 
                      following:
            ``(7) Requirement to allow customers to apply affordable 
        connectivity benefit to any internet service offering.--
                    ``(A) In general.--A participating provider--
                          ``(i) shall allow an eligible household to 
                      apply the affordable connectivity benefit to any 
                      internet service offering of the participating 
                      provider at the same terms available to households 
                      that are not eligible households; and
                          ``(ii) may not require the eligible household 
                      to submit to a credit check in order to apply the 
                      affordable connectivity benefit to an internet 
                      service offering of the participating provider.

[[Page 135 STAT. 1240]]

                    ``(B) Nonpayment.--Nothing in subparagraph (A) shall 
                prevent a participating provider from terminating the 
                provision of broadband internet access service to a 
                subscriber after 90 days of nonpayment.
            ``(8) Public awareness.--A participating provider, in 
        collaboration with the applicable State agencies, public 
        interest groups, and non-profit organizations, in order to 
        increase the adoption of broadband internet access service by 
        consumers, shall carry out public awareness campaigns in service 
        areas that are designed to highlight--
                    ``(A) the value and benefits of broadband internet 
                access service; and
                    ``(B) the existence of the Affordable Connectivity 
                Program.
            ``(9) Oversight.--The Commission--
                    ``(A) shall establish a dedicated complaint process 
                for consumers who participate in the Affordable 
                Connectivity Program to file complaints about the 
                compliance of participating providers with, including 
                with respect to the quality of service received under, 
                the Program;
                    ``(B) <<NOTE: Requirement.>>  shall require a 
                participating provider to supply information about the 
                existence of the complaint process described in 
                subparagraph (A) to subscribers who participate in the 
                Affordable Connectivity Program;
                    ``(C)(i) shall act expeditiously to investigate 
                potential violations of and enforce compliance with this 
                section, including under clause (ii) of this 
                subparagraph; and
                    ``(ii) in enforcing compliance with this section, 
                may impose forfeiture penalties under section 503 of the 
                Communications Act of 1934 (47 U.S.C. 503); and
                    ``(D) <<NOTE: Public information. Reports.>>  shall 
                regularly issue public reports about complaints 
                regarding the compliance of participating providers with 
                the Affordable Connectivity Program.
            ``(10) Information on affordable connectivity program.--
                    ``(A) <<NOTE: Notification.>>  Participating 
                providers.--When a customer subscribes to, or renews a 
                subscription to, an internet service offering of a 
                participating provider, the participating provider shall 
                notify the customer about the existence of the 
                Affordable Connectivity Program and how to enroll in the 
                Program.
                    ``(B) Federal agencies.--The Commission shall 
                collaborate with relevant Federal agencies, including to 
                ensure relevant Federal agencies update their System of 
                Records Notices, to ensure that a household that 
                participates in any program that qualifies the household 
                for the Affordable Connectivity Program is provided 
                information about the Program, including how to enroll 
                in the Program.
                    ``(C) Commission outreach.--
                          ``(i) In general.--The Commission may conduct 
                      outreach efforts to encourage eligible households 
                      to enroll in the Affordable Connectivity Program.
                          ``(ii) Activities.--In carrying out clause 
                      (i), the Commission may--
                                    ``(I) facilitate consumer research;
                                    ``(II) conduct focus groups;
                                    ``(III) engage in paid media 
                                campaigns;

[[Page 135 STAT. 1241]]

                                    ``(IV) provide grants to outreach 
                                partners; and
                                    ``(V) provide an orderly transition 
                                for participating providers and 
                                consumers from the Emergency Broadband 
                                Benefit Program established under 
                                paragraph (1) (as that paragraph was in 
                                effect on the day before the date of 
                                enactment of the Infrastructure 
                                Investment and Jobs Act) to the 
                                Affordable Connectivity Program.
            ``(11) Consumer protection issues.--
                    ``(A) <<NOTE: Notice. Public 
                comment. Regulations.>> In general.--The Commission 
                shall, after providing notice and opportunity for 
                comment in accordance with section 553 of title 5, 
                United States Code, promulgate rules to protect 
                consumers who participate in, or seek to participate in, 
                the Affordable Connectivity Program from--
                          ``(i) inappropriate upselling or downselling 
                      by a participating provider;
                          ``(ii) inappropriate requirements that a 
                      consumer opt in to an extended service contract as 
                      a condition of participating in the Affordable 
                      Connectivity Program;
                          ``(iii) inappropriate restrictions on the 
                      ability of a consumer to switch internet service 
                      offerings or otherwise apply support from the 
                      Affordable Connectivity Program to a different 
                      internet service offering with a participating 
                      provider;
                          ``(iv) inappropriate restrictions on the 
                      ability of a consumer to switch participating 
                      providers, other than a requirement that the 
                      customer return any customer premises equipment 
                      provided by a participating provider; and
                          ``(v) similar restrictions that amount to 
                      unjust and unreasonable acts or practices that 
                      undermine the purpose, intent, or integrity of the 
                      Affordable Connectivity Program.
                    ``(B) Exceptions.--In complying with this paragraph, 
                the Commission may take advantage of the exceptions set 
                forth in subsections (e) and (f).''; and
                          (iii) in paragraph (14), as so redesignated, 
                      by striking ``paragraph (7)'' and inserting 
                      ``paragraph (12)''.

    (b) Delayed Amendments to Affordable Connectivity Program.--
            (1) <<NOTE: Effective date.>>  In general.--Effective on the 
        date on which the Commission submits the certification required 
        under paragraph (4), or December 31, 2021, whichever is earlier, 
        section 904 of division N of the Consolidated Appropriations 
        Act, 2021 (Public Law 116-260), as amended by subsection (a) of 
        this section, <<NOTE: 47 USC 1752 and note.>>  is amended--
                    (A) in subsection (a)--
                          (i) in paragraph (6)--
                                    (I) in subparagraph (A), by 
                                inserting before the semicolon at the 
                                end the following: ``except that such 
                                subsection (a), including for purposes 
                                of such subsection (b), shall be applied 
                                by substituting `200 percent' for `135 
                                percent' '';
                                    (II) by striking subparagraph (C);

[[Page 135 STAT. 1242]]

                                    (III) by redesignating subparagraphs 
                                (D) and (E) as subparagraphs (C) and 
                                (D), respectively;
                                    (IV) in subparagraph (C), as so 
                                redesignated, by striking ``or'' at the 
                                end;
                                    (V) in subparagraph (D), as so 
                                redesignated--
                                            (aa) by striking ``or COVID-
                                        19''; and
                                            (bb) by striking the period 
                                        at the end and inserting ``; 
                                        or''; and
                                    (VI) by adding at the end the 
                                following:
                    ``(E) at least one member of the household receives 
                assistance through the special supplemental nutritional 
                program for women, infants, and children established by 
                section 17 of the Child Nutrition Act of 1996 (42 U.S.C. 
                1786).'';
                          (ii) in paragraph (7)--
                                    (I) by striking ``which shall be no 
                                more than the standard rate for an 
                                internet service offering and associated 
                                equipment,''; and
                                    (II) by striking ``$50'' and 
                                inserting ``$30'';
                          (iii) in paragraph (8), as so redesignated by 
                      subsection (a) of this section, by striking ``, 
                      offered in the same manner, and on the same terms, 
                      as described in any of such provider's offerings 
                      for broadband internet access service to such 
                      household, as on December 1, 2020''; and
                          (iv) by striking paragraph (12), as so 
                      redesignated by subsection (a) of this section; 
                      and
                    (B) in subsection (b)(6)--
                          (i) by striking subparagraph (A);
                          (ii) by redesignating subparagraphs (B), (C), 
                      and (D) as subparagraphs (A), (B), and (C), 
                      respectively; and
                          (iii) in subparagraph (A), as so 
                      redesignated--
                                    (I) by striking clause (i); and
                                    (II) by redesignating clauses (ii), 
                                (iii), and (iv) as clauses (i), (ii), 
                                and (iii), respectively.
            (2) <<NOTE: Time period. 47 USC 1752 note.>>  Applicability 
        of amendment to eligibility.-- A household that qualified for 
        the Affordable Connectivity Program under section 904 of 
        division N of the Consolidated Appropriations Act, 2021 (Public 
        Law 116-260) before the effective date in paragraph (1) and, as 
        of that effective date, would, but for this subparagraph, see a 
        reduction in the amount of the affordable connectivity benefit 
        under the Program, shall, during the 60-day period beginning on 
        that effective date, be eligible for the affordable connectivity 
        benefit in the amount in effect with respect to that household, 
        as of the day before that effective date.
            (3) Transition.--After the effective date under paragraph 
        (1), an eligible household that was participating in the 
        Emergency Broadband Benefit Program under section 904 of 
        division N of the Consolidated Appropriations Act, 2021 (Public 
        Law 116-260) on the day before the date of enactment of this Act 
        and qualifies for the Affordable Connectivity Program 
        established under that section (as amended by this section) 
        shall continue to have access to an affordable service offering.
            (4) <<NOTE: Effective date.>>  Certification required.--On 
        the date on which the amounts appropriated under section 
        904(i)(2) of division N of

[[Page 135 STAT. 1243]]

        the Consolidated Appropriations Act, 2021 (Public Law 116-260) 
        have been fully expended, the Commission shall submit to 
        Congress a certification regarding that fact.

    (c) <<NOTE: Deadlines. 42 USC 1752 note.>>  Broadband Transparency 
Rules.--
            (1) <<NOTE: Data.>> Rules.--Not later than 1 year after the 
        date of enactment of this Act, the Commission shall issue final 
        rules regarding the annual collection by the Commission of data 
        relating to the price and subscription rates of each internet 
        service offering of a participating provider under the 
        Affordable Connectivity Program established under section 904 of 
        division N of the Consolidated Appropriations Act, 2021 (Public 
        Law 116-260) (as amended by this section) to which an eligible 
        household subscribes.
            
        (2) <<NOTE: Determination. Revision. Verification.>> Updates.--
        Not later than 180 days after the date on which rules are issued 
        under paragraph (1), and when determined to be necessary by the 
        Commission thereafter, the Commission shall revise the rules to 
        verify the accuracy of data submitted pursuant to the rules.
            (3) Redundancy avoidance.--Nothing in this subsection shall 
        be construed to require the Commission, in order to meet a 
        requirement of this subsection, to duplicate an activity that 
        the Commission is undertaking as of the date of enactment of 
        this Act, if--
                    (A) the Commission refers to the activity in the 
                rules issued under paragraph (1);
                    (B) the activity meets the requirements of this 
                subsection; and
                    (C) <<NOTE: Public information.>> the Commission 
                discloses the activity to the public.
            (4) Availability of data.--
                    (A) Public availability.--The Commission shall make 
                data relating to broadband internet access service 
                collected under the rules issued under paragraph (1) 
                available to the public in a commonly used electronic 
                format without risking the disclosure of personally 
                identifiable information or proprietary information, 
                consistent with section 0.459 of title 47, Code of 
                Federal Regulations (or any successor regulation).
                    (B) Determination of personally identifiable 
                information.--The Commission--
                          (i) shall define the term ``personally 
                      identifiable information'', for purposes of 
                      subparagraph (A) through notice and comment 
                      rulemaking; and
                          (ii) may not make any data available to the 
                      public under subparagraph (A) before completing 
                      the rulemaking under clause (i) of this 
                      subparagraph.

    (d) <<NOTE: 47 USC 1752 note.>>  Guidance.--The Commission may issue 
such guidance, forms, instructions, or publications, or provide such 
technical assistance, as may be necessary or appropriate to carry out 
the programs, projects, or activities authorized under this section and 
the amendments made by this section, including to ensure that such 
programs, projects, or activities are completed in a timely and 
effective manner.

    (e) <<NOTE: Deadlines. 47 USC 1752 note.>>  Coordination.--The 
Secretary of Agriculture, the Secretary of Education, and the Secretary 
of Health and Human Services shall--
            (1) <<NOTE: Memorandum.>>  not later than 60 days after the 
        date of enactment of this Act, enter into a memorandum of 
        understanding with

[[Page 135 STAT. 1244]]

        the Universal Service Administrative Company to provide for the 
        expeditious sharing of data through the National Verifier (as 
        that term is defined in section 54.400 of title 47, Code of 
        Federal Regulations, or any successor regulation), or any 
        successor system, for the purposes of verifying consumer 
        eligibility for the program established under section 904 of 
        division N of the Consolidated Appropriations Act, 2021 (Public 
        Law 116-260), as amended by this section; and
            (2) not later than 90 days after the date of enactment of 
        this Act, begin to share data under the memorandum of 
        understanding described in paragraph (1) for the purposes 
        described in that paragraph.
SEC. 60503. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES.

    Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C. 
644(b)(2)), as added by section 2 of the Broadband DATA Act (Public Law 
116-130), is amended--
            (1) in subparagraph (A), by adding ``and'' at the end; and
            (2) by striking subparagraphs (B) and (C) and inserting the 
        following:
                    ``(B) coordinate with the Postmaster General, the 
                heads of other Federal agencies that operate delivery 
                fleet vehicles, and the Director of the Bureau of the 
                Census for assistance with data collection whenever 
                coordination could feasibly yield more specific 
                geographic data.''.
SEC. 60504. <<NOTE: 47 USC 1753.>>  ADOPTION OF CONSUMER BROADBAND 
                            LABELS.

    (a) <<NOTE: Deadline. Requirement. Disclosure.>> Final Rule.--Not 
later than 1 year after the date of enactment of this Act, the 
Commission shall promulgate regulations to require the display of 
broadband consumer labels, as described in the Public Notice of the 
Commission issued on April 4, 2016 (DA 16-357), to disclose to consumers 
information regarding broadband internet access service plans.

    (b) Introductory Rate Information.--
            (1) In general.--The broadband consumer label required under 
        subsection (a) shall also include information regarding whether 
        the offered price is an introductory rate and, if so, the price 
        the consumer will be required to pay following the introductory 
        period.
            (2) Use in broadband data collection.--The Commission shall 
        rely on the price information displayed on the broadband 
        consumer label required under subsection (a) for any collection 
        of data relating to the price and subscription rates of each 
        covered broadband internet access service under section 
        60502(c).

    (c) <<NOTE: Assessment.>>  Hearings.--In issuing the final rule 
under subsection (a), the Commission shall conduct a series of public 
hearings to assess, at the time of the proceeding--
            (1) how consumers evaluate broadband internet access service 
        plans; and
            (2) whether disclosures to consumers of information 
        regarding broadband internet access service plans, including the 
        disclosures required under section 8.1 of title 47, Code of 
        Federal Regulations, are available, effective, and sufficient.

[[Page 135 STAT. 1245]]

SEC. 60505. GAO REPORT.

    (a) Definitions.--In this section, the term ``appropriate committees 
of Congress'' means--
            (1) the Committee on Appropriations of the Senate;
            (2) the Committee on Appropriations of the House of 
        Representatives;
            (3) the Committee on Commerce, Science, and Transportation 
        of the Senate;
            (4) the Committee on Environment and Public Works of the 
        Senate;
            (5) the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate;
            (6) the Committee on Energy and Commerce of the House of 
        Representatives;
            (7) the Committee on Agriculture of the House of 
        Representatives; and
            (8) the Committee on Transportation and Infrastructure of 
        the House of the Representatives.

    (b) <<NOTE: Evaluation.>> Report.--Not later than 1 year after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit to the appropriate committees of Congress a report 
that evaluates the process used by the Commission for establishing, 
reviewing, and updating the upload and download speed thresholds for 
broadband internet access service, including--
            (1) how the Commission reviews and updates broadband 
        internet access speed thresholds;
            (2) <<NOTE: Time periods.>>  whether the Commission should 
        consider future broadband internet access service speed needs 
        when establishing broadband internet access service speed 
        thresholds, including whether the Commission considers the need, 
        or the anticipated need, for higher upload or download broadband 
        internet access service speeds in the 5-year period and the 10-
        year period after the date on which a broadband internet access 
        service speed threshold is to be established; and
            (3) whether the Commission should consider the impacts of 
        changing uses of the internet in establishing, reviewing, or 
        updating broadband internet access service speed thresholds, 
        including--
                    (A) the proliferation of internet-based business;
                    (B) working remotely and running a business from 
                home;
                    (C) video teleconferencing;
                    (D) distance learning;
                    (E) in-house web hosting; and
                    (F) cloud data storage.
SEC. 60506. <<NOTE: 47 USC 1754.>>  DIGITAL DISCRIMINATION.

    (a) Statement of Policy.--It is the policy of the United States 
that, insofar as technically and economically feasible--
            (1) subscribers should benefit from equal access to 
        broadband internet access service within the service area of a 
        provider of such service;
            (2) <<NOTE: Definition.>> the term ``equal access'', for 
        purposes of this section, means the equal opportunity to 
        subscribe to an offered service that provides comparable speeds, 
        capacities, latency, and other quality of service metrics in a 
        given area, for comparable terms and conditions; and

[[Page 135 STAT. 1246]]

            (3) the Commission should take steps to ensure that all 
        people of the United States benefit from equal access to 
        broadband internet access service.

    (b) <<NOTE: Deadline.>> Adoption of Rules.--Not later than 2 years 
after the date of enactment of this Act, the Commission shall adopt 
final rules to facilitate equal access to broadband internet access 
service, taking into account the issues of technical and economic 
feasibility presented by that objective, including--
            (1) preventing digital discrimination of access based on 
        income level, race, ethnicity, color, religion, or national 
        origin; and
            (2) identifying necessary steps for the Commissions to take 
        to eliminate discrimination described in paragraph (1).

    (c) Federal Policies.--The Commission and the Attorney General shall 
ensure that Federal policies promote equal access to robust broadband 
internet access service by prohibiting deployment discrimination based 
on--
            (1) the income level of an area;
            (2) the predominant race or ethnicity composition of an 
        area; or
            (3) other factors the Commission determines to be relevant 
        based on the findings in the record developed from the 
        rulemaking under subsection (b).

    (d) Model State and Local Policies.--The Commission shall develop 
model policies and best practices that can be adopted by States and 
localities to ensure that broadband internet access service providers do 
not engage in digital discrimination.
    (e) Complaints.--The Commission shall revise its public complaint 
process to accept complaints from consumers or other members of the 
public that relate to digital discrimination.

    TITLE <<NOTE: Telecommunica- tions Skilled Workforce Act.>>  VI--
TELECOMMUNICATIONS INDUSTRY WORKFORCE
SEC. 60601. <<NOTE: 47 USC 609 note.>>  SHORT TITLE.

    This title may be cited as the ``Telecommunications Skilled 
Workforce Act''.
SEC. 60602. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.

    (a) In General.--Part I of title III of the Communications Act of 
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the 
following:
``SEC. 344. <<NOTE: 47 USC 344.>>  TELECOMMUNICATIONS INTERAGENCY 
                        WORKING GROUP.

    ``(a) Definition.--In this section, the term `telecommunications 
interagency working group' means the interagency working group 
established under subsection (b)(1).
    ``(b) Establishment.--
            ``(1) <<NOTE: Deadline.>> In general.--Not later than 60 
        days after the date of enactment of this section, the Chairman 
        of the Commission, in partnership with the Secretary of Labor, 
        shall establish within the Commission an interagency working 
        group to develop recommendations to address the workforce needs 
        of the telecommunications industry, including the safety of that 
        workforce.

[[Page 135 STAT. 1247]]

            ``(2) Date of establishment.--The telecommunications 
        interagency working group shall be considered established on the 
        date on which a majority of the members of the working group 
        have been appointed, consistent with subsection (d).

    ``(c) Duties.--In developing recommendations under subsection (b), 
the telecommunications interagency working group shall--
            ``(1) determine whether, and if so how, any Federal laws, 
        regulations, guidance, policies, or practices, or any budgetary 
        constraints, may be amended to strengthen the ability of 
        institutions of higher education (as defined in section 101 of 
        the Higher Education Act of 1965 (20 U.S.C. 1001)) or for-profit 
        businesses to establish, adopt, or expand programs intended to 
        address the workforce needs of the telecommunications industry, 
        including the workforce needed to build and maintain the 5G 
        wireless infrastructure necessary to support 5G wireless 
        technology;
            ``(2) identify potential policies and programs that could 
        encourage and improve coordination among Federal agencies, 
        between Federal agencies and States, and among States, on 
        telecommunications workforce needs;
            ``(3) identify ways in which existing Federal programs, 
        including programs that help facilitate the employment of 
        veterans and military personnel transitioning into civilian 
        life, could be leveraged to help address the workforce needs of 
        the telecommunications industry;
            ``(4) identify ways to improve recruitment in workforce 
        development programs in the telecommunications industry;
            ``(5) identify Federal incentives that could be provided to 
        institutions of higher education, for-profit businesses, State 
        workforce development boards established under section 101 of 
        the Workforce Innovation and Opportunity Act (29 U.S.C. 3111), 
        or other relevant stakeholders to establish or adopt new 
        programs, expand current programs, or partner with registered 
        apprenticeship programs, to address the workforce needs of the 
        telecommunications industry, including such needs in rural 
        areas;
            ``(6) identify ways to improve the safety of 
        telecommunications workers, including tower climbers; and
            ``(7) identify ways that trends in wages, benefits, and 
        working conditions in the telecommunications industry impact 
        recruitment of employees in the sector.

    ``(d) <<NOTE: Appointments.>>  Members.--The telecommunications 
interagency working group shall be composed of the following 
representatives of Federal agencies and relevant non-Federal industry 
and labor stakeholder organizations:
            ``(1) A representative of the Department of Education, 
        appointed by the Secretary of Education.
            ``(2) A representative of the National Telecommunications 
        and Information Administration, appointed by the Assistant 
        Secretary of Commerce for Communications and Information.
            ``(3) A representative of the Commission, appointed by the 
        Chairman of the Commission.
            ``(4) A representative of a registered apprenticeship 
        program in construction or maintenance, appointed by the 
        Secretary of Labor.
            ``(5) A representative of a telecommunications industry 
        association, appointed by the Chairman of the Commission.

[[Page 135 STAT. 1248]]

            ``(6) A representative of an Indian Tribe or Tribal 
        organization, appointed by the Chairman of the Commission.
            ``(7) A representative of a rural telecommunications 
        carrier, appointed by the Chairman of the Commission.
            ``(8) A representative of a telecommunications contractor 
        firm, appointed by the Chairman of the Commission.
            ``(9) A representative of an institution of higher education 
        described in section 371(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1067q(a)), appointed by the Secretary of Education.
            ``(10) A public interest advocate for tower climber safety, 
        appointed by the Secretary of Labor.
            ``(11) A representative of the Directorate of Construction 
        of the Occupational Safety and Health Administration, appointed 
        by the Secretary of Labor.
            ``(12) A representative of a labor organization representing 
        the telecommunications workforce, appointed by the Secretary of 
        Labor.

    ``(e) No Compensation.--A member of the telecommunications 
interagency working group shall serve without compensation.
    ``(f) Other Matters.--
            ``(1) Chair and vice chair.--The telecommunications 
        interagency working group shall name a chair and a vice chair, 
        who shall be responsible for organizing the business of the 
        working group.
            ``(2) Subgroups.--The chair and vice chair of the 
        telecommunications interagency working group, in consultation 
        with the other members of the telecommunications interagency 
        working group, may establish such subgroups as necessary to help 
        conduct the work of the telecommunications interagency working 
        group.
            ``(3) Support.--The Commission and the Secretary of Labor 
        may detail employees of the Commission and the Department of 
        Labor, respectively, to assist and support the work of the 
        telecommunications interagency working group, though such a 
        detailee shall not be considered to be a member of the working 
        group.

    ``(g) Report to Congress.--
            ``(1) <<NOTE: Recommenda- tions.>>  Report to congress.--Not 
        later than 1 year after the date on which the telecommunications 
        interagency working group is established, the working group 
        shall submit a report containing its recommendations to address 
        the workforce needs of the telecommunications industry to--
                    ``(A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    ``(B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    ``(C) the Committee on Energy and Commerce of the 
                House of Representatives;
                    ``(D) the Committee on Education and Labor of the 
                House of Representatives;
                    ``(E) the Department of Labor; and
                    ``(F) the Commission.
            ``(2) Majority support.--The telecommunications interagency 
        working group may not submit the report under paragraph (1) 
        unless the report has the support of not less than the majority 
        of the members of the working group.

[[Page 135 STAT. 1249]]

            ``(3) Views.--The telecommunications interagency working 
        group shall--
                    ``(A) include with the report submitted under 
                paragraph (1) any concurring or dissenting view offered 
                by a member of the working group; and
                    ``(B) identify each member to whom each concurring 
                or dissenting view described in subparagraph (A) should 
                be attributed.
            ``(4) <<NOTE: Records.>> Public posting.--The Commission and 
        the Secretary of Labor shall make a copy of the report submitted 
        under paragraph (1) available to the public on the websites of 
        the Commission and the Department of Labor, respectively.

    ``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the telecommunications interagency 
working group.''.
    (b) <<NOTE: Repeal. 47 USC 344 and note.>>  Sunset.--Section 344 of 
the Communications Act of 1934, as added by subsection (a), shall be 
repealed on the day after the date on which the interagency working 
group established under subsection (b)(1) of that section submits the 
report to Congress under subsection (g) of that section.
SEC. 60603. <<NOTE: Deadline. 29 USC 3111 note.>>  
                            TELECOMMUNICATIONS WORKFORCE GUIDANCE.

     Not later than 1 year after the date of enactment of this Act, the 
Secretary of Labor, in partnership with the Chairman of the Federal 
Communications Commission, shall establish and issue guidance on how 
States can address the workforce needs and safety of the 
telecommunications industry, including guidance on how a State workforce 
development board established under section 101 of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3111) can--
            (1) utilize Federal resources available to States to meet 
        the workforce needs of the telecommunications industry;
            (2) promote and improve recruitment in workforce development 
        programs in the telecommunications industry; and
            (3) ensure the safety of the telecommunications workforce, 
        including tower climbers.
SEC. 60604. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE 
                            TELECOMMUNICATIONS INDUSTRY.

    (a) Definitions.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Commerce, Science, and Transportation 
        of the Senate;
            (2) the Committee on Health, Education, Labor, and Pensions 
        of the Senate;
            (3) the Committee on Energy and Commerce of the House of 
        Representatives; and
            (4) the Committee on Education and Labor of the House of 
        Representatives.

    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the appropriate congressional committees a report that estimates the 
number of skilled telecommunications workers that will be required to 
build and maintain--
            (1) broadband infrastructure in rural areas, including 
        estimates based on--
                    (A) current need; and

[[Page 135 STAT. 1250]]

                    (B) projected need, if Congress enacts legislation 
                that accelerates broadband infrastructure construction 
                in the United States; and
            (2) the wireless infrastructure needed to support 5G 
        wireless technology.

                    DIVISION G--OTHER AUTHORIZATIONS

         TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND

SEC. 70101. <<NOTE: 25 USC 149.>>  INDIAN WATER RIGHTS SETTLEMENT 
                            COMPLETION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Indian Water Rights Settlement 
Completion Fund'' (referred to in this section as the ``Fund'').
    (b) Deposits.--
            (1) <<NOTE: Effective dates.>> In general.--On the later of 
        October 1, 2021, and the date of enactment of this Act, out of 
        any funds in the Treasury not otherwise appropriated, the 
        Secretary of the Treasury shall deposit in the Fund 
        $2,500,000,000, to remain available until expended.
            (2) Availability.--Amounts deposited in the Fund under 
        paragraph (1) shall be available to the Secretary of the 
        Interior, without further appropriation or fiscal year 
        limitation, for the uses described in subsection (c).

    (c) Uses.--Subject to subsection (d), amounts deposited in the Fund 
under subsection (b) shall be used by the Secretary of the Interior for 
transfers to funds or accounts authorized to receive discretionary 
appropriations, or to satisfy other obligations identified by the 
Secretary of the Interior, under an Indian water settlement approved and 
authorized by an Act of Congress before the date of enactment of this 
Act.
    (d) <<NOTE: Determinations.>> Scope of Transfers.--
            (1) In general.--Transfers authorized under subsection (c) 
        shall be made in such amounts as are determined by the Secretary 
        of the Interior to be appropriate to satisfy the obligations of 
        the United States, including appropriate indexing, pursuant to 
        the applicable Indian water settlement.
            (2) Sequence and timing.--The Secretary of the Interior 
        shall have the discretion to determine the sequence and timing 
        of transfers from the Fund under subsection (c) in order to 
        substantially complete the eligible Indian water settlements as 
        expeditiously as practicable.

TITLE <<NOTE: Wildland Fire Mitigation and Management Commission Act of 
2021.>>  II--WILDFIRE MITIGATION
SEC. 70201. SHORT TITLE.

    This title may be cited as the ``Wildland Fire Mitigation and 
Management Commission Act of 2021''.
SEC. 70202. DEFINITIONS.

    In this title:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--

[[Page 135 STAT. 1251]]

                    (A) the Committee on Energy and Natural Resources of 
                the Senate;
                    (B) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Appropriations of the Senate;
                    (E) the Committee on Environment and Public Works of 
                the Senate;
                    (F) the Committee on Natural Resources of the House 
                of Representatives;
                    (G) the Committee on Agriculture of the House of 
                Representatives;
                    (H) the Committee on Homeland Security of the House 
                of Representatives;
                    (I) the Committee on Appropriations of the House of 
                Representatives;
                    (J) the Committee on Ways and Means of the House of 
                Representatives; and
                    (K) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Commission.--The term ``Commission'' means the 
        commission established under section 70203(a).
            (3) <<NOTE: Time period.>> High-risk indian tribal 
        government.--The term ``high-risk Indian tribal government'' 
        means an Indian tribal government, during not fewer than 4 of 
        the 5 years preceding the date of enactment of this Act--
                    (A) that received fire management assistance under 
                section 420 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5187); or
                    (B) land of which included an area for which the 
                President declared a major disaster for fire in 
                accordance with section 401 of that Act (42 U.S.C. 
                5170).
            (4) <<NOTE: Time period.>>  High-risk state.--The term 
        ``high-risk State'' means a State that, during not fewer than 4 
        of the 5 years preceding the date of enactment of this Act--
                    (A) received fire management assistance under 
                section 420 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5187); or
                    (B) included an area for which the President 
                declared a major disaster for fire in accordance with 
                section 401 of that Act (42 U.S.C. 5170).
            (5) Indian tribal government.--The term ``Indian tribal 
        government'' has the meaning given the term in section 102 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5122).
            (6) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Agriculture; and
                    (C) the Secretary of Homeland Security, acting 
                through the Administrator of the Federal Emergency 
                Management Agency.
            (7) State.--The term ``State'' has the meaning given the 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
            (8) Wildland-urban interface.--The term ``wildland-urban 
        interface'' has the meaning given the term in section

[[Page 135 STAT. 1252]]

        101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
        6511).
SEC. 70203. ESTABLISHMENT OF COMMISSION.

    (a) <<NOTE: Deadline. Study. Recommenda- tions.>> Establishment.--
Not later than 30 days after the date of enactment of this Act, the 
Secretaries shall jointly establish a commission to study and make 
recommendations to improve Federal policies relating to--
            (1) the prevention, mitigation, suppression, and management 
        of wildland fires in the United States; and
            (2) the rehabilitation of land in the United States 
        devastated by wildland fires.

    (b) Membership.--
            (1) Composition.--The Commission shall be composed of--
                    (A) each of the Secretaries (or designees), who 
                shall jointly serve as the co-chairpersons of the 
                Commission;
                    (B) <<NOTE: Appointments.>>  9 representatives of 
                Federal departments or agencies, to be appointed by the 
                Secretaries, including--
                          (i) not fewer than 1 representative from each 
                      of--
                                    (I) the Bureau of Land Management;
                                    (II) the National Park Service;
                                    (III) the Bureau of Indian Affairs;
                                    (IV) the United States Fish and 
                                Wildlife Service; and
                                    (V) the Forest Service;
                          (ii) a representative of or liaison to the 
                      Mitigation Framework Leadership Group of the 
                      Federal Emergency Management Agency;
                          (iii) a representative to the National 
                      Interagency Coordination Center, which is part of 
                      the National Wildfire Coordination Group;
                          (iv) a representative from 1 of the 
                      coordinating agencies of the Recovery Support 
                      Function Leadership Group; and
                          (v) if the Secretaries determine it to be 
                      appropriate, a representative of any other Federal 
                      department or agency, such as the Department of 
                      Energy, the Environmental Protection Agency, or 
                      the Department of Defense; and
                    (C) <<NOTE: Appointments.>> 18 non-Federal 
                stakeholders with expertise in wildland fire 
                preparedness, mitigation, suppression, or management, 
                who collectively have a combination of backgrounds, 
                experiences, and viewpoints and are representative of 
                rural, urban, and suburban areas, to be appointed by the 
                Secretaries, including--
                          (i) not fewer than 1 State hazard mitigation 
                      officer of a high-risk State (or a designee);
                          (ii) with preference given to representatives 
                      from high-risk States and high-risk Indian tribal 
                      governments, not fewer than 1 representative from 
                      each of--
                                    (I) a State department of natural 
                                resources, forestry, or agriculture or a 
                                similar State agency;
                                    (II) a State department of energy or 
                                a similar State agency;
                                    (III) a county government, with 
                                preference given to counties at least a 
                                portion of which is in the wildland-
                                urban interface; and

[[Page 135 STAT. 1253]]

                                    (IV) a municipal government, with 
                                preference given to municipalities at 
                                least a portion of which is in the 
                                wildland-urban interface;
                          (iii) with preference given to representatives 
                      from high-risk States and high-risk Indian tribal 
                      governments, not fewer than 1 representative from 
                      each of--
                                    (I) the public utility industry;
                                    (II) the property development 
                                industry;
                                    (III) Indian tribal governments;
                                    (IV) wildland firefighters; and
                                    (V) an organization--
                                            (aa) described in section 
                                        501(c)(3) of the Internal 
                                        Revenue Code of 1986 and exempt 
                                        from taxation under section 
                                        501(a) of that Code; and
                                            (bb) with expertise in 
                                        forest management and 
                                        environmental conservation;
                          (iv) not greater than 2 other appropriate non-
                      Federal stakeholders, which may include the 
                      private sector; and
                          (v) any other appropriate non-Federal 
                      stakeholders, which may include the private 
                      sector, with preference given to non-Federal 
                      stakeholders from high-risk States and high-risk 
                      Indian tribal governments.
            (2) State limitation.--Each member of the Commission 
        appointed under clauses (i) and (ii) of paragraph (1)(C) shall 
        represent a different State.
            (3) <<NOTE: Deadline.>>  Date.--The appointments of the 
        members of the Commission shall be made not later than 60 days 
        after the date of enactment of this Act.

    (c) Period of Appointment; Vacancies.--
            (1) In general.--A member of the Commission shall be 
        appointed for the life of the Commission.
            (2) Vacancies.--A vacancy in the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment.

    (d) Meetings.--
            (1) <<NOTE: Deadline.>> Initial meeting.--Not later than 30 
        days after the date on which all members of the Commission have 
        been appointed, the Commission shall hold the first meeting of 
        the Commission.
            (2) <<NOTE: Time period.>> Frequency.--The Commission shall 
        meet not less frequently than once every 30 days.
            (3) Type.--The Commission may hold meetings, and a member of 
        the Commission may participate in a meeting, remotely through 
        teleconference, video conference, or similar means.
            (4) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
SEC. 70204. DUTIES OF COMMISSION.

    (a) Report on Recommendations to Mitigate and Manage Wildland 
Fires.--

[[Page 135 STAT. 1254]]

            (1) In general.--Not later than 1 year after the date of the 
        first meeting of the Commission, the Commission shall submit to 
        the appropriate committees of Congress a report describing 
        recommendations to prevent, mitigate, suppress, and manage 
        wildland fires, including--
                    (A) policy recommendations, including 
                recommendations--
                          (i) to maximize the protection of human life, 
                      community water supplies, homes, and other 
                      essential structures, which may include 
                      recommendations to expand the use of initial 
                      attack strategies;
                          (ii) to facilitate efficient short- and long-
                      term forest management in residential and 
                      nonresidential at-risk areas, which may include a 
                      review of community wildfire protection plans;
                          (iii) to manage the wildland-urban interface;
                          (iv) to manage utility corridors;
                          (v) to rehabilitate land devastated by 
                      wildland fire; and
                          (vi) to improve the capacity of the Secretary 
                      of Agriculture and the Secretary of the Interior 
                      to conduct hazardous fuels reduction projects;
                    (B) policy recommendations described in subparagraph 
                (A) with respect to any recommendations for--
                          (i) categorical exclusions from the 
                      requirement to prepare an environmental impact 
                      statement or analysis under the National 
                      Environmental Policy Act of 1969 (42 U.S.C. 4321 
                      et seq.); or
                          (ii) additional staffing or resources that may 
                      be necessary to more expeditiously prepare an 
                      environmental impact statement or analysis under 
                      that Act;
                    (C) policy recommendations for modernizing and 
                expanding the use of technology, including satellite 
                technology, remote sensing, unmanned aircraft systems, 
                and any other type of emerging technology, to prevent, 
                mitigate, suppress, and manage wildland fires, including 
                any recommendations with respect to--
                          (i) the implementation of section 1114 of the 
                      John D. Dingell, Jr. Conservation, Management, and 
                      Recreation Act (43 U.S.C. 1748b-1); or
                          (ii) improving early wildland fire detection;
                    (D) <<NOTE: Assessments.>>  an assessment of Federal 
                spending on wildland fire-related disaster management, 
                including--
                          (i) a description and assessment of Federal 
                      grant programs for States and units of local 
                      government for pre- and post-wildland fire 
                      disaster mitigation and recovery, including--
                                    (I) the amount of funding provided 
                                under each program;
                                    (II) the effectiveness of each 
                                program with respect to long-term forest 
                                management and maintenance; and
                                    (III) recommendations to improve the 
                                effectiveness of each program, including 
                                with respect to--
                                            (aa) the conditions on the 
                                        use of funds received under the 
                                        program; and

[[Page 135 STAT. 1255]]

                                            (bb) the extent to which 
                                        additional funds are necessary 
                                        for the program;
                          (ii) <<NOTE: Evaluation.>> an evaluation, 
                      including recommendations to improve the 
                      effectiveness in mitigating wildland fires, which 
                      may include authorizing prescribed fires, of--
                                    (I) the Building Resilient 
                                Infrastructure and Communities program 
                                under section 203 of the Robert T. 
                                Stafford Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5133);
                                    (II) the Pre-Disaster Mitigation 
                                program under that section (42 U.S.C. 
                                5133);
                                    (III) the Hazard Mitigation Grant 
                                Program under section 404 of that Act 
                                (42 U.S.C. 5170c);
                                    (IV) Hazard Mitigation Grant Program 
                                post-fire assistance under sections 404 
                                and 420 of that Act (42 U.S.C. 5170c, 
                                5187); and
                                    (V) <<NOTE: Determination.>>  such 
                                other programs as the Commission 
                                determines to be appropriate;
                          (iii) <<NOTE: Assessment.>> an assessment of 
                      the definition of ``small impoverished community'' 
                      under section 203(a) of the Robert T. Stafford 
                      Disaster Relief and Emergency Assistance Act (42 
                      U.S.C. 5133(a)), specifically--
                                    (I) the exclusion of the percentage 
                                of land owned by an entity other than a 
                                State or unit of local government; and
                                    (II) any related economic impact of 
                                that exclusion; and
                          (iv) recommendations for Federal budgeting for 
                      wildland fires and post-wildfire recovery;
                    (E) any recommendations for matters under 
                subparagraph (A), (B), (C), or (D) specific to--
                          (i) forest type, vegetation type, or forest 
                      and vegetation type; or
                          (ii) State land, Tribal land, or private land;
                    (F)(i) <<NOTE: Review.>>  a review of the national 
                strategy described in the report entitled ``The National 
                Strategy: The Final Phase in the Development of the 
                National Cohesive Wildland Fire Management Strategy'' 
                and dated April 2014; and
                    (ii) any recommendations for changes to that 
                national strategy to improve its effectiveness; and
                    (G)(i) <<NOTE: Evaluation.>>  an evaluation of 
                coordination of response to, and suppression of, 
                wildfires occurring on Federal, Tribal, State, and local 
                land among Federal, Tribal, State, and local agencies 
                with jurisdiction over that land; and
                    (ii) any recommendations to improve the coordination 
                described in clause (i).
            (2) Specific policy recommendations.--To the maximum extent 
        practicable, the report described in paragraph (1) shall include 
        detailed short- and long-term policy recommendations, including 
        any recommendations for Federal legislation.
            (3) <<NOTE: Determination.>>  Interim reports.--Before the 
        submission of the report under paragraph (1), on approval of all 
        members of the Commission, the Commission may submit to the 
        appropriate committees of Congress 1 or more interim reports, as 
        the Commission determines to be appropriate, relating to any 
        matters described in paragraph (1).

[[Page 135 STAT. 1256]]

    (b) Report on Aerial Wildland Firefighting Equipment Strategy and 
Inventory Assessment.--
            (1) <<NOTE: Deadline.>>  Submission of inventory to the 
        commission.--Not later than 45 days after the date on which the 
        Commission holds the first meeting of the Commission, the 
        Secretary of Defense and the heads of other relevant Federal 
        departments and agencies shall submit to the Commission an 
        inventory of surplus cargo and passenger aircraft and excess 
        common-use aircraft parts that may be used for wildland 
        firefighting purposes, excluding any aircraft or aircraft parts 
        that are--
                    (A) reasonably anticipated to be necessary for 
                military operations, readiness, or fleet management in 
                the future; or
                    (B) already obligated for purposes other than 
                fighting wildland fires.
            (2) <<NOTE: Deadline.>>  Submission of report to congress.--
        Not later than 90 days after the date on which the Commission 
        receives the inventory described in paragraph (1), the 
        Commission shall submit to the appropriate committees of 
        Congress a report outlining a strategy to meet aerial 
        firefighting equipment needs through 2030 in the most cost-
        effective manner, including--
                    (A) an assessment of the expected number of aircraft 
                and aircraft parts needed to fight wildland fires 
                through 2030;
                    (B) an assessment of existing authorities of the 
                Secretary of Defense and the heads of other relevant 
                Federal departments and agencies to provide or sell 
                surplus aircraft or aircraft parts to Federal, State, or 
                local authorities for wildland firefighting use, 
                including--
                          (i) a description of the current use of each 
                      existing authority; and
                          (ii) a description of any additional 
                      authorities that are needed for the Secretary of 
                      Defense and the heads of other relevant Federal 
                      departments and agencies to provide or sell 
                      surplus aircraft or aircraft parts to Federal, 
                      State, or local authorities for wildland 
                      firefighting use; and
                    (C) <<NOTE: Recommenda- tions.>>  recommendations to 
                ensure the availability of aircraft and aircraft parts 
                that the Commission expects will be necessary to fight 
                wildland fires through 2030 in the most cost-effective 
                manner.
            (3) Considerations for accessing aircraft and aircraft 
        parts.--In developing the strategy in the report required under 
        paragraph (2) and the recommendations under paragraph (2)(C), 
        the Commission shall consider all private and public sector 
        options for accessing necessary aircraft and aircraft parts, 
        including procurement, contracting, retrofitting, and public-
        private partnerships.
            (4) Unclassified report.--The inventory and report submitted 
        under paragraphs (1) and (2), respectively--
                    (A) shall be unclassified; but
                    (B) <<NOTE: Classified information.>>  may include a 
                classified annex.

    (c) Majority Requirement.--Not less than \2/3\ of the members of the 
Commission shall approve the recommendations contained in each report 
submitted under subsection (a) or (b)(2).

[[Page 135 STAT. 1257]]

SEC. 70205. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence as 
the Commission considers advisable to carry out this title.
    (b) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from a 
        Federal department or agency such information as the Commission 
        considers necessary to carry out this title.
            (2) Furnishing information.--On request of the Chairpersons 
        of the Commission, the head of the department or agency shall 
        furnish the information to the Commission.

    (c) Postal Services.--The Commission may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of such 
gifts or donations of services or property as the Commission considers 
necessary to carry out this title.
SEC. 70206. COMMISSION PERSONNEL MATTERS.

    (a) No Compensation.--A member of the Commission shall serve without 
compensation.
    (b) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 of 
title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Commission.
    (c) Staff.--
            (1) In general.--The Chairpersons of the Commission may, 
        without regard to the civil service laws (including 
        regulations), appoint and terminate an executive director and 
        such other additional personnel as may be necessary to enable 
        the Commission to perform its duties, except that the employment 
        of an executive director shall be subject to confirmation by the 
        Commission.
            (2) Compensation.--The Chairpersons of the Commission may 
        fix the compensation of the executive director and other 
        personnel without regard to chapter 51 and subchapter III of 
        chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay rates, 
        except that the rate of pay for the executive director and other 
        personnel may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of that title.

    (d) Detail of Government Employees.--A Federal Government employee 
may be detailed to the Commission without reimbursement, and such detail 
shall be without interruption or loss of civil service status or 
privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairpersons of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals that do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of that title.

[[Page 135 STAT. 1258]]

SEC. 70207. TERMINATION OF COMMISSION.

    The Commission shall terminate on the date that is 180 days after 
the date on which the Commission has submitted the reports under 
subsections (a) and (b) of section 70204.

 TITLE <<NOTE: Repairing Existing Public Land by Adding Necessary Trees 
Act.>>  III--REFORESTATION
SEC. 70301. <<NOTE: 16 USC 1600 note.>>  SHORT TITLE.

    This title may be cited as the ``Repairing Existing Public Land by 
Adding Necessary Trees Act'' or the ``REPLANT Act''.
SEC. 70302. REFORESTATION FOLLOWING WILDFIRES AND OTHER UNPLANNED 
                            EVENTS.

    (a) Forest and Rangeland Renewable Resources Planning Act of 1974.--
            (1) National forest cover policy.--
                    (A) In general.--Section 3 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1601) is amended--
                          (i) by redesignating subsection (e) as 
                      subsection (f);
                          (ii) by redesignating the second subsection 
                      (d) (relating to the policy of Congress regarding 
                      forested land in the National Forest System) as 
                      subsection (e); and
                          (iii) in subsection (e) (as so redesignated)--
                                    (I) in paragraph (2)--
                                            (aa) in the first sentence--
                                                (AA) by striking ``9 of 
                                            this Act, the Secretary 
                                            shall annually for eight 
                                            years following the 
                                            enactment of this 
                                            subsection'' and inserting 
                                            ``9, the Secretary shall, 
                                            annually during each of the 
                                            10 years beginning after the 
                                            date of enactment of the 
                                            REPLANT Act''; and
                                                (BB) by striking 
                                            ``eight-year'' and inserting 
                                            ``10-year'';
                                            (bb) in the second sentence, 
                                        by striking ``such eight-year 
                                        period'' and inserting ``the 10-
                                        year period''; and
                                            (cc) in the third sentence, 
                                        by striking ``1978'' and 
                                        inserting ``2021'';
                                    (II) in paragraph (3), in the first 
                                sentence, by striking ``subsection (d)'' 
                                and inserting ``subsection''; and
                                    (III) by adding at the end the 
                                following:
            ``(4) Reforestation requirements.--
                    ``(A) Definitions.--In this paragraph:
                          ``(i) Natural regeneration.--
                                    ``(I) In general.--The term `natural 
                                regeneration' means the establishment of 
                                a tree or tree age class from natural 
                                seeding, sprouting, or suckering in 
                                accordance with the management 
                                objectives of an applicable land 
                                management plan.
                                    ``(II) Inclusion.--The term `natural 
                                regeneration' may include any site 
                                preparation activity to

[[Page 135 STAT. 1259]]

                                enhance the success of regeneration to 
                                the desired species composition and 
                                structure.
                          ``(ii) Priority land.--The term `priority 
                      land' means National Forest System land that, due 
                      to an unplanned event--
                                    ``(I) does not meet the conditions 
                                for appropriate forest cover described 
                                in paragraph (1);
                                    ``(II) requires reforestation to 
                                meet the objectives of an applicable 
                                land management plan; and
                                    ``(III) is unlikely to experience 
                                natural regeneration without assistance.
                          ``(iii) Reforestation.--The term 
                      `reforestation' means the act of renewing tree 
                      cover, taking into consideration species 
                      composition and resilience, by establishing young 
                      trees through--
                                    ``(I) natural regeneration;
                                    ``(II) natural regeneration with 
                                site preparation; or
                                    ``(III) planting or direct seeding.
                          ``(iv) Secretary.--The term `Secretary' means 
                      the Secretary, acting through the Chief of the 
                      Forest Service.
                          ``(v) Unplanned event.--
                                    ``(I) In general.--The term 
                                `unplanned event' means any unplanned 
                                disturbance that--
                                            ``(aa) disrupts ecosystem or 
                                        forest structure or composition; 
                                        or
                                            ``(bb) changes resources, 
                                        substrate availability, or the 
                                        physical environment.
                                    ``(II) Inclusions.--The term 
                                `unplanned event' may include--
                                            ``(aa) a wildfire;
                                            ``(bb) an infestation of 
                                        insects or disease;
                                            ``(cc) a weather event; and
                                            ``(dd) animal damage.
                    ``(B) Requirement.--Each reforestation activity 
                under this section shall be carried out in accordance 
                with applicable Forest Service management practices and 
                definitions, including definitions relating to 
                silvicultural practices and forest management.
                    ``(C) Reforestation priority.--
                          ``(i) In general.--In carrying out this 
                      subsection, the Secretary shall give priority to 
                      projects on the priority list described in clause 
                      (ii).
                          ``(ii) Priority list.--
                                    ``(I) In general.--The Secretary 
                                shall, based on recommendations from 
                                regional foresters, create a priority 
                                list of reforestation projects that--
                                            ``(aa) primarily take place 
                                        on priority land;
                                            ``(bb) promote effective 
                                        reforestation following 
                                        unplanned events; and
                                            ``(cc) may include 
                                        activities to ensure adequate 
                                        and appropriate seed 
                                        availability.
                                    ``(II) Ranking.--The Secretary shall 
                                rank projects on the priority list under 
                                subclause (I) based on--

[[Page 135 STAT. 1260]]

                                            ``(aa) documentation of an 
                                        effective reforestation project 
                                        plan;
                                            ``(bb) the ability to 
                                        measure the progress and success 
                                        of the project; and
                                            ``(cc) the ability of a 
                                        project to provide benefits 
                                        relating to forest function and 
                                        health, soil health and 
                                        productivity, wildlife habitat, 
                                        improved air and water quality, 
                                        carbon sequestration potential, 
                                        resilience, job creation, and 
                                        enhanced recreational 
                                        opportunities.''.
                    (B) Conforming amendment.--Section 9 of the 
                Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
                2105) is amended, in the undesignated matter following 
                paragraph (5) of subsection (g)--
                          (i) by striking ``section 3(d)'' and inserting 
                      ``subsection (e) of section 3''; and
                          (ii) by striking ``1601(d)'' and inserting 
                      ``1601''.
            (2) National forest system program elements.--Section 9 of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1607) is amended, in the second sentence, by 
        striking ``2000'' and inserting ``2030''.

    (b) Reforestation Trust Fund.--Section 303 of Public Law 96-451 (16 
U.S.C. 1606a) is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (2);
                    (B) in paragraph (3)--
                          (i) in the second sentence, by striking 
                      ``Proper adjustment'' and inserting the following:
            ``(3) Adjustment of estimates.--Proper adjustment''; and
                          (ii) by striking ``(3) The amounts'' and 
                      inserting the following:
            ``(2) Frequency.--The amounts''; and
                    (C) by striking the subsection designation and all 
                that follows through ``the Secretary'' in paragraph (1) 
                and inserting the following:

    ``(b) Transfers to Trust Fund.--
            ``(1) In general.--The Secretary''; and
            (2) in subsection (d)(1)--
                    (A) by striking ``section 3(d)'' and inserting 
                ``subsection (e) of section 3''; and
                    (B) by striking ``1601(d)'' and inserting ``1601''.
SEC. 70303. <<NOTE: 16 USC 1601 note. Public information. Web 
                            posting.>>  REPORT.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Secretary of Agriculture shall submit to the 
Committee on Agriculture, Nutrition, and Forestry of the Senate and the 
Committee on Agriculture of the House of Representatives, and make 
publicly available on the website of the Forest Service, a report that 
describes, with respect to the preceding year--
            (1) <<NOTE: Evaluation.>>  an evaluation of the degree to 
        which the Secretary has achieved compliance with the 
        requirements contained in the amendments made by this title, 
        including, as a result of those amendments, the number of acres 
        covered by reforestation projects that follow unplanned events 
        (such as wildfires);

[[Page 135 STAT. 1261]]

            (2) the total number of acres of land reforested under each 
        authority of the Secretary under which reforestation projects 
        have been carried out;
            (3) the number of acres of National Forest System land 
        affected by, and the substance of reforestation needs on that 
        land resulting from, unplanned events; and
            (4) the number of acres in need of reforestation under 
        subsection (e)(1) of section 3 of the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).

                      TITLE IV--RECYCLING PRACTICES

SEC. 70401. <<NOTE: 42 USC 6966c.>>  BEST PRACTICES FOR BATTERY 
                            RECYCLING AND LABELING GUIDELINES.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Battery.--The term ``battery'' means a device that--
                    (A) consists of 1 or more electrochemical cells that 
                are electrically connected; and
                    (B) is designed to store and deliver electric 
                energy.
            (3) Recycling.--The term ``recycling'' means the series of 
        activities--
                    (A) during which recyclable materials are processed 
                into specification-grade commodities, and consumed as 
                raw-material feedstock, in lieu of virgin materials, in 
                the manufacturing of new products;
                    (B) that may include collection, processing, and 
                brokering; and
                    (C) that result in subsequent consumption by a 
                materials manufacturer, including for the manufacturing 
                of new products.

    (b) Best Practices for Collection of Batteries to Be Recycled.--
            (1) In general.--The Administrator shall develop best 
        practices that may be implemented by State, Tribal, and local 
        governments with respect to the collection of batteries to be 
        recycled in a manner that--
                    (A) to the maximum extent practicable, is 
                technically and economically feasible for State, Tribal, 
                and local governments;
                    (B) is environmentally sound and safe for waste 
                management workers; and
                    (C) optimizes the value and use of material derived 
                from recycling of batteries.
            (2) <<NOTE: Coordination.>>  Consultation.--The 
        Administrator shall develop the best practices described in 
        paragraph (1) in coordination with State, Tribal, and local 
        governments and relevant nongovernmental and private sector 
        entities.
            (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a report describing the best practices developed under 
        paragraph (1).
            (4) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Administrator to carry out this

[[Page 135 STAT. 1262]]

        subsection $10,000,000 for fiscal year 2022, to remain available 
        until September 30, 2026.

    (c) Voluntary Labeling Guidelines.--
            (1) In general.--There is established within the 
        Environmental Protection Agency a program (referred to in this 
        subsection as the ``program'') to promote battery recycling 
        through the development of--
                    (A) voluntary labeling guidelines for batteries; and
                    (B) other forms of communication materials for 
                battery producers and consumers about the reuse and 
                recycling of critical materials from batteries.
            (2) Purposes.--The purposes of the program are to improve 
        battery collection and reduce battery waste, including by--
                    (A) identifying battery collection locations and 
                increasing accessibility to those locations;
                    (B) promoting consumer education about battery 
                collection and recycling; and
                    (C) reducing safety concerns relating to the 
                improper disposal of batteries.
            (3) Other standards and law.--The Administrator shall make 
        every reasonable effort to ensure that voluntary labeling 
        guidelines and other forms of communication materials developed 
        under the program are consistent with--
                    (A) international battery labeling standards; and
                    (B) the Mercury-Containing and Rechargeable Battery 
                Management Act (42 U.S.C. 14301 et seq.).
            (4) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to the 
        Administrator to carry out this subsection $15,000,000 for 
        fiscal year 2022, to remain available until September 30, 2026.
SEC. 70402. <<NOTE: 42 USC 6966d.>>  CONSUMER RECYCLING EDUCATION 
                            AND OUTREACH GRANT PROGRAM; FEDERAL 
                            PROCUREMENT.

    (a) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of the Environmental 
Protection Agency.
    (b) Consumer Recycling Education and Outreach Grant Program.--
            (1) In general.--The Administrator shall establish a program 
        (referred to in this subsection as the ``grant program'') to 
        award competitive grants to eligible entities to improve the 
        effectiveness of residential and community recycling programs 
        through public education and outreach.
            (2) Criteria.--The Administrator shall award grants under 
        the grant program for projects that, by using one or more 
        eligible activities described in paragraph (5)--
                    (A) inform the public about residential or community 
                recycling programs;
                    (B) provide information about the recycled materials 
                that are accepted as part of a residential or community 
                recycling program that provides for the separate 
                collection of residential solid waste from recycled 
                material; and
                    (C) increase collection rates and decrease 
                contamination in residential and community recycling 
                programs.
            (3) Eligible entities.--
                    (A) In general.--An entity that is eligible to 
                receive a grant under the grant program is--

[[Page 135 STAT. 1263]]

                          (i) a State;
                          (ii) a unit of local government;
                          (iii) an Indian Tribe (as defined in section 4 
                      of the Indian Self-Determination and Education 
                      Assistance Act (25 U.S.C. 5304));
                          (iv) a Native Hawaiian organization (as 
                      defined in section 6207 of the Elementary and 
                      Secondary Education Act of 1965 (20 U.S.C. 7517));
                          (v) the Department of Hawaiian Home Lands;
                          (vi) the Office of Hawaiian Affairs;
                          (vii) a nonprofit organization; or
                          (viii) a public-private partnership.
                    (B) Coordination of activities.--2 or more entities 
                described in subparagraph (A) may receive a grant under 
                the grant program to coordinate the provision of 
                information to residents that may access 2 or more 
                residential recycling programs, including programs that 
                accept different recycled materials, to provide to the 
                residents information regarding differences among those 
                residential recycling programs.
            (4) Requirement.--
                    (A) In general.--To receive a grant under the grant 
                program, an eligible entity shall demonstrate to the 
                Administrator that the grant funds will be used to 
                encourage the collection of recycled materials that are 
                sold to an existing or developing market.
                    (B) Business plans and financial data.--
                          (i) In general.--An eligible entity may make a 
                      demonstration under subparagraph (A) through the 
                      submission to the Administrator of appropriate 
                      business plans and financial data.
                          (ii) Confidentiality.--The Administrator shall 
                      treat any business plans or financial data 
                      received under clause (i) as confidential 
                      information.
            (5) Eligible activities.--An eligible entity that receives a 
        grant under the grant program may use the grant funds for 
        activities including--
                    (A) public service announcements;
                    (B) a door-to-door education and outreach campaign;
                    (C) social media and digital outreach;
                    (D) an advertising campaign on recycling awareness;
                    (E) the development and dissemination of--
                          (i) a toolkit for a municipal and commercial 
                      recycling program;
                          (ii) information on the importance of quality 
                      in the recycling stream;
                          (iii) information on the economic and 
                      environmental benefits of recycling; and
                          (iv) information on what happens to materials 
                      after the materials are placed into a residential 
                      or community recycling program;
                    (F) businesses recycling outreach;
                    (G) bin, cart, and other receptacle labeling and 
                signs; and
                    (H) <<NOTE: Determination.>>  such other activities 
                that the Administrator determines are appropriate to 
                carry out the purposes of this subsection.

[[Page 135 STAT. 1264]]

            (6) Prohibition on use of funds.--No funds may be awarded 
        under the grant program for a residential recycling program 
        that--
                    (A) does not provide for the separate collection of 
                residential solid waste (as defined in section 246.101 
                of title 40, Code of Federal Regulations (as in effect 
                on the date of enactment of this Act)) from recycled 
                material (as defined in that section), unless the funds 
                are used to promote a transition to a system that 
                separately collects recycled materials; or
                    (B) promotes the establishment of, or conversion to, 
                a residential collection system that does not provide 
                for the separate collection of residential solid waste 
                from recycled material (as those terms are defined under 
                subparagraph (A)).
            (7) Model recycling program toolkit.--
                    (A) <<NOTE: Consultation.>>  In general.--In 
                carrying out the grant program, the Administrator, in 
                consultation with other relevant Federal agencies, 
                States, Indian Tribes, units of local government, 
                nonprofit organizations, and the private sector, shall 
                develop a model recycling program toolkit for States, 
                Indian Tribes, and units of local government that 
                includes, at a minimum--
                          (i) a standardized set of terms and examples 
                      that may be used to describe materials that are 
                      accepted by a residential recycling program;
                          (ii) information that the Administrator 
                      determines can be widely applied across 
                      residential recycling programs, taking into 
                      consideration the differences in recycled 
                      materials accepted by residential recycling 
                      programs;
                          (iii) educational principles on best practices 
                      for the collection and processing of recycled 
                      materials;
                          (iv) a community self-assessment guide to 
                      identify gaps in existing recycling programs;
                          (v) training modules that enable States and 
                      nonprofit organizations to provide technical 
                      assistance to units of local government;
                          (vi) access to consumer educational materials 
                      that States, Indian Tribes, and units of local 
                      government can adapt and use in recycling 
                      programs; and
                          (vii) a guide to measure the effectiveness of 
                      a grant received under the grant program, 
                      including standardized measurements for recycling 
                      rates and decreases in contamination.
                    (B) Requirement.--In developing the standardized set 
                of terms and examples under subparagraph (A)(i), the 
                Administrator may not establish any requirements for--
                          (i) what materials shall be accepted by a 
                      residential recycling program; or
                          (ii) the labeling of products.
            (8) School curriculum.--The Administrator shall provide 
        assistance to the educational community, including nonprofit 
        organizations, such as an organization the science, technology, 
        engineering, and mathematics program of which incorporates 
        recycling, to promote the introduction of recycling principles 
        and best practices into public school curricula.

[[Page 135 STAT. 1265]]

            (9) Reports.--
                    (A) To the administrator.--Not earlier than 180 
                days, and not later than 2 years, after the date on 
                which a grant under the grant program is awarded to an 
                eligible entity, the eligible entity shall submit to the 
                Administrator a report describing, by using the guide 
                developed under paragraph (7)(A)(vii)--
                          (i) the change in volume of recycled material 
                      collected through the activities funded with the 
                      grant;
                          (ii) the change in participation rate of the 
                      recycling program funded with the grant;
                          (iii) the reduction of contamination in the 
                      recycling stream as a result of the activities 
                      funded with the grant; and
                          (iv) <<NOTE: Determination.>>  such other 
                      information as the Administrator determines to be 
                      appropriate.
                    (B) To congress.--The Administrator shall submit to 
                Congress an annual report describing--
                          (i) the effectiveness of residential recycling 
                      programs awarded funds under the grant program, 
                      including statistics comparing the quantity and 
                      quality of recycled materials collected by those 
                      programs, as described in the reports submitted to 
                      the Administrator under subparagraph (A); and
                          (ii) recommendations on additional actions to 
                      improve residential recycling.

    (c) Federal Procurement.--Section 6002 of the Solid Waste Disposal 
Act (42 U.S.C. 6962) is amended--
            (1) <<NOTE: Time periods.>>  in subsection (e), in the 
        matter preceding paragraph (1), by striking ``and from time to 
        time, revise'' and inserting ``review not less frequently than 
        once every 5 years, and, if appropriate, revise, in consultation 
        with recyclers and manufacturers of products containing recycled 
        content, not later than 2 years after the completion of the 
        initial review after the date of enactment of the Infrastructure 
        Investment and Jobs Act and thereafter, as appropriate''; and
            (2) by adding at the end the following:

    ``(j) Consultation and Provision of Information by Administrator.--
The Administrator shall--
            ``(1) consult with each procuring agency, including 
        contractors of the procuring agency, to clarify the 
        responsibilities of the procuring agency under this section; and
            ``(2) provide to each procuring agency information on the 
        requirements under this section and the responsibilities of the 
        procuring agency under this section.

    ``(k) <<NOTE: Consultation.>>  Reports.--The Administrator, in 
consultation with the Administrator of General Services, shall submit to 
Congress an annual report describing--
            ``(1) the quantity of federally procured recycled products 
        listed in the guidelines under subsection (e); and
            ``(2) with respect to the products described in paragraph 
        (1), the percentage of recycled material in each product.''.

    (d) Authorization of Appropriations.--
            (1) <<NOTE: Time period.>>  In general.--There is authorized 
        to be appropriated to the Administrator to carry out this 
        section and the amendments made by this section $15,000,000 for 
        each of fiscal years 2022 through 2026.

[[Page 135 STAT. 1266]]

            (2) Requirement.--Of the amount made available under 
        paragraph (1) for a fiscal year, not less than 20 percent shall 
        be allocated to--
                    (A) low-income communities;
                    (B) rural communities; and
                    (C) communities identified as Native American 
                pursuant to section 2(9) of the Native American Graves 
                Protection and Repatriation Act (25 U.S.C. 3001(9)).

                    TITLE V--BIOPRODUCT PILOT PROGRAM

SEC. 70501. <<NOTE: 7 USC 7624.>>  PILOT PROGRAM ON USE OF 
                            AGRICULTURAL COMMODITIES IN 
                            CONSTRUCTION AND CONSUMER PRODUCTS.

    (a) Definitions.--In this section:
            (1) Construction product.--The term ``construction product'' 
        means any article, or component part thereof, produced or 
        distributed for use during the construction, maintenance, or 
        preservation of a highway, road, street, bridge, building, dam, 
        port, or airport construction project.
            (2) Consumer product.--The term ``consumer product'' means--
                    (A) any article, or component part thereof, produced 
                or distributed--
                          (i) for sale to a consumer for use in or 
                      around a permanent or temporary household or 
                      residence, a school, in recreation, or otherwise; 
                      or
                          (ii) for the personal use, consumption or 
                      enjoyment of a consumer in or around a permanent 
                      or temporary household or residence, a school, in 
                      recreation, or otherwise; and
                    (B) any product or product category described in 
                subparagraphs (A) through (I) of section 3(a)(5) of the 
                Consumer Product Safety Act (15 U.S.C. 2052(a)(5)).
            (3) Covered agricultural commodity.--The term ``covered 
        agricultural commodity'' means any agricultural commodity, food, 
        feed, fiber, livestock, oil, or a derivative thereof, that the 
        Secretary determines to have been used in the production of 
        materials that have demonstrated market viability and benefits 
        (as described in paragraphs (1) through (7) of subsection (b)) 
        as of the date of enactment of this Act.
            (4) Qualified institution.--The term ``qualified 
        institution'' means a bioproducts research facility that--
                    (A) is funded, in part, by a State;
                    (B) is located within a reasonable distance, not to 
                exceed 3 miles, of the primary residence hall of an 
                institution of higher education (as defined in section 
                101(a) of the Higher Education Act of 1965 (20 U.S.C. 
                1001(a)));
                    (C) provides students opportunities to engage in 
                research activities; and
                    (D) provides opportunities for an institution of 
                higher education (as defined in section 101(a) of the 
                Higher Education Act of 1965 (20 U.S.C. 1001(a))) to 
                collaborate with private enterprise.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

[[Page 135 STAT. 1267]]

    (b) Establishment.--The Secretary shall carry out a pilot program 
under which the Secretary shall partner with not less than 1 qualified 
institution to study the benefits of using materials derived from 
covered agricultural commodities in the production of construction 
products and consumer products, including--
            (1) cost savings relative to other commonly used alternative 
        materials;
            (2) greenhouse gas emission reductions and other 
        environmental benefits relative to other commonly used 
        alternative materials;
            (3) life-cycle and longevity-extending characteristics 
        relative to other commonly used alternative materials;
            (4) life-cycle and longevity-reducing characteristics 
        relative to other commonly used alternative materials;
            (5) landfill quantity and waste management cost reductions;
            (6) product development and production scale-up; and
            (7) any other benefits that the Secretary determines to be 
        appropriate.

    (c) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out this 
section $2,000,000 for each of fiscal years 2022 through 2023.

                         TITLE VI--CYBERSECURITY

 Subtitle <<NOTE: Cyber Response and Recovery Act.>>  A--Cyber Response 
and Recovery Act
SEC. 70601. <<NOTE: 6 USC 101 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Cyber Response and Recovery 
Act''.
SEC. 70602. DECLARATION OF A SIGNIFICANT INCIDENT.

    (a) In General.--Title XXII of the Homeland Security Act of 2002 (6 
U.S.C. 651 et seq.) is amended by adding at the end the following:

           ``Subtitle C--Declaration of a Significant Incident

``SEC. 2231. <<NOTE: 6 USC 677.>>  SENSE OF CONGRESS.

    ``It is the sense of Congress that--
            ``(1) the purpose of this subtitle is to authorize the 
        Secretary to declare that a significant incident has occurred 
        and to establish the authorities that are provided under the 
        declaration to respond to and recover from the significant 
        incident; and
            ``(2) the authorities established under this subtitle are 
        intended to enable the Secretary to provide voluntary assistance 
        to non-Federal entities impacted by a significant incident.
``SEC. 2232. <<NOTE: 6 USC 677a.>>  DEFINITIONS.

    ``For the purposes of this subtitle:
            ``(1) Asset response activity.--The term `asset response 
        activity' means an activity to support an entity impacted by

[[Page 135 STAT. 1268]]

        an incident with the response to, remediation of, or recovery 
        from, the incident, including--
                    ``(A) furnishing technical and advisory assistance 
                to the entity to protect the assets of the entity, 
                mitigate vulnerabilities, and reduce the related 
                impacts;
                    ``(B) assessing potential risks to the critical 
                infrastructure sector or geographic region impacted by 
                the incident, including potential cascading effects of 
                the incident on other critical infrastructure sectors or 
                geographic regions;
                    ``(C) developing courses of action to mitigate the 
                risks assessed under subparagraph (B);
                    ``(D) facilitating information sharing and 
                operational coordination with entities performing threat 
                response activities; and
                    ``(E) providing guidance on how best to use Federal 
                resources and capabilities in a timely, effective manner 
                to speed recovery from the incident.
            ``(2) Declaration.--The term `declaration' means a 
        declaration of the Secretary under section 2233(a)(1).
            ``(3) Director.--The term `Director' means the Director of 
        the Cybersecurity and Infrastructure Security Agency.
            ``(4) Federal agency.--The term `Federal agency' has the 
        meaning given the term `agency' in section 3502 of title 44, 
        United States Code.
            ``(5) Fund.--The term `Fund' means the Cyber Response and 
        Recovery Fund established under section 2234(a).
            ``(6) Incident.--The term `incident' has the meaning given 
        the term in section 3552 of title 44, United States Code.
            ``(7) Renewal.--The term `renewal' means a renewal of a 
        declaration under section 2233(d).
            ``(8) Significant incident.--The term `significant 
        incident'--
                    ``(A) means an incident or a group of related 
                incidents that results, or is likely to result, in 
                demonstrable harm to--
                          ``(i) the national security interests, foreign 
                      relations, or economy of the United States; or
                          ``(ii) the public confidence, civil liberties, 
                      or public health and safety of the people of the 
                      United States; and
                    ``(B) does not include an incident or a portion of a 
                group of related incidents that occurs on--
                          ``(i) a national security system (as defined 
                      in section 3552 of title 44, United States Code); 
                      or
                          ``(ii) an information system described in 
                      paragraph (2) or (3) of section 3553(e) of title 
                      44, United States Code.
``SEC. 2233. <<NOTE: 6 USC 677b.>>  DECLARATION.

    ``(a) In General.--
            ``(1) <<NOTE: Consultation. Determination.>>  Declaration.--
        The Secretary, in consultation with the National Cyber Director, 
        may make a declaration of a significant incident in accordance 
        with this section for the purpose of enabling the activities 
        described in this subtitle if the Secretary determines that--
                    ``(A) a specific significant incident--
                          ``(i) has occurred; or

[[Page 135 STAT. 1269]]

                          ``(ii) is likely to occur imminently; and
                    ``(B) otherwise available resources, other than the 
                Fund, are likely insufficient to respond effectively to, 
                or to mitigate effectively, the specific significant 
                incident described in subparagraph (A).
            ``(2) Prohibition on delegation.--The Secretary may not 
        delegate the authority provided to the Secretary under paragraph 
        (1).

    ``(b) <<NOTE: Coordination.>>  Asset Response Activities.--Upon a 
declaration, the Director shall coordinate--
            ``(1) the asset response activities of each Federal agency 
        in response to the specific significant incident associated with 
        the declaration; and
            ``(2) with appropriate entities, which may include--
                    ``(A) public and private entities and State and 
                local governments with respect to the asset response 
                activities of those entities and governments; and
                    ``(B) Federal, State, local, and Tribal law 
                enforcement agencies with respect to investigations and 
                threat response activities of those law enforcement 
                agencies; and
            ``(3) Federal, State, local, and Tribal emergency management 
        and response agencies.

    ``(c) Duration.--Subject to subsection (d), a declaration shall 
terminate upon the earlier of--
            ``(1) <<NOTE: Determination.>>  a determination by the 
        Secretary that the declaration is no longer necessary; or
            ``(2) <<NOTE: Effective date.>>  the expiration of the 120-
        day period beginning on the date on which the Secretary makes 
        the declaration.

    ``(d) Renewal.--The Secretary, without delegation, may renew a 
declaration as necessary.
    ``(e) Publication.--
            ``(1) <<NOTE: Deadline. Federal Register, publication.>>  In 
        general.--Not later than 72 hours after a declaration or a 
        renewal, the Secretary shall publish the declaration or renewal 
        in the Federal Register.
            ``(2) Prohibition.--A declaration or renewal published under 
        paragraph (1) may not include the name of any affected 
        individual or private company.

    ``(f) Advance Actions.--
            ``(1) In general.--The Secretary--
                    ``(A) <<NOTE: Assessment.>>  shall assess the 
                resources available to respond to a potential 
                declaration; and
                    ``(B) may take actions before and while a 
                declaration is in effect to arrange or procure 
                additional resources for asset response activities or 
                technical assistance the Secretary determines necessary, 
                which may include entering into standby contracts with 
                private entities for cybersecurity services or incident 
                responders in the event of a declaration.
            ``(2) Expenditure of funds.--Any expenditure from the Fund 
        for the purpose of paragraph (1)(B) shall be made from amounts 
        available in the Fund, and amounts available in the Fund shall 
        be in addition to any other appropriations available to the 
        Cybersecurity and Infrastructure Security Agency for such 
        purpose.

[[Page 135 STAT. 1270]]

``SEC. 2234. <<NOTE: 6 USC 677c.>>  CYBER RESPONSE AND RECOVERY 
                          FUND.

    ``(a) In General.--There is established a Cyber Response and 
Recovery Fund, which shall be available for--
            ``(1) the coordination of activities described in section 
        2233(b);
            ``(2) response and recovery support for the specific 
        significant incident associated with a declaration to Federal, 
        State, local, and Tribal, entities and public and private 
        entities on a reimbursable or non-reimbursable basis, including 
        through asset response activities and technical assistance, such 
        as--
                    ``(A) vulnerability assessments and mitigation;
                    ``(B) technical incident mitigation;
                    ``(C) malware analysis;
                    ``(D) analytic support;
                    ``(E) threat detection and hunting; and
                    ``(F) network protections;
            ``(3) <<NOTE: Determination.>>  as the Director determines 
        appropriate, grants for, or cooperative agreements with, 
        Federal, State, local, and Tribal public and private entities to 
        respond to, and recover from, the specific significant incident 
        associated with a declaration, such as--
                    ``(A) hardware or software to replace, update, 
                improve, harden, or enhance the functionality of 
                existing hardware, software, or systems; and
                    ``(B) technical contract personnel support; and
            ``(4) advance actions taken by the Secretary under section 
        2233(f)(1)(B).

    ``(b) Deposits and Expenditures.--
            ``(1) In general.--Amounts shall be deposited into the Fund 
        from--
                    ``(A) appropriations to the Fund for activities of 
                the Fund; and
                    ``(B) reimbursement from Federal agencies for the 
                activities described in paragraphs (1), (2), and (4) of 
                subsection (a), which shall only be from amounts made 
                available in advance in appropriations Acts for such 
                reimbursement.
            ``(2) Expenditures.--Any expenditure from the Fund for the 
        purposes of this subtitle shall be made from amounts available 
        in the Fund from a deposit described in paragraph (1), and 
        amounts available in the Fund shall be in addition to any other 
        appropriations available to the Cybersecurity and Infrastructure 
        Security Agency for such purposes.

    ``(c) Supplement Not Supplant.--Amounts in the Fund shall be used to 
supplement, not supplant, other Federal, State, local, or Tribal funding 
for activities in response to a declaration.
    ``(d) <<NOTE: Requirement.>>  Reporting.--The Secretary shall 
require an entity that receives amounts from the Fund to submit a report 
to the Secretary that details the specific use of the amounts.
``SEC. 2235. <<NOTE: 6 USC 677d.>>  NOTIFICATION AND REPORTING.

    ``(a) Notification.--Upon a declaration or renewal, the Secretary 
shall immediately notify the National Cyber Director and appropriate 
congressional committees and include in the notification--
            ``(1) <<NOTE: Estimate.>>  an estimation of the planned 
        duration of the declaration;

[[Page 135 STAT. 1271]]

            ``(2) with respect to a notification of a declaration, the 
        reason for the declaration, including information relating to 
        the specific significant incident or imminent specific 
        significant incident, including--
                    ``(A) the operational or mission impact or 
                anticipated impact of the specific significant incident 
                on Federal and non-Federal entities;
                    ``(B) if known, the perpetrator of the specific 
                significant incident; and
                    ``(C) the scope of the Federal and non-Federal 
                entities impacted or anticipated to be impacted by the 
                specific significant incident;
            ``(3) with respect to a notification of a renewal, the 
        reason for the renewal;
            ``(4) justification as to why available resources, other 
        than the Fund, are insufficient to respond to or mitigate the 
        specific significant incident; and
            ``(5) a description of the coordination activities described 
        in section 2233(b) that the Secretary anticipates the Director 
        to perform.

    ``(b) Report to Congress.--Not later than 180 days after the date of 
a declaration or renewal, the Secretary shall submit to the appropriate 
congressional committees a report that includes--
            ``(1) the reason for the declaration or renewal, including 
        information and intelligence relating to the specific 
        significant incident that led to the declaration or renewal;
            ``(2) the use of any funds from the Fund for the purpose of 
        responding to the incident or threat described in paragraph (1);
            ``(3) a description of the actions, initiatives, and 
        projects undertaken by the Department and State and local 
        governments and public and private entities in responding to and 
        recovering from the specific significant incident described in 
        paragraph (1);
            ``(4) an accounting of the specific obligations and outlays 
        of the Fund; and
            ``(5) <<NOTE: Analysis.>>  an analysis of--
                    ``(A) the impact of the specific significant 
                incident described in paragraph (1) on Federal and non-
                Federal entities;
                    ``(B) the impact of the declaration or renewal on 
                the response to, and recovery from, the specific 
                significant incident described in paragraph (1); and
                    ``(C) the impact of the funds made available from 
                the Fund as a result of the declaration or renewal on 
                the recovery from, and response to, the specific 
                significant incident described in paragraph (1).

    ``(c) Classification.--Each notification made under subsection (a) 
and each report submitted under subsection (b)--
            ``(1) shall be in an unclassified form with appropriate 
        markings to indicate information that is exempt from disclosure 
        under section 552 of title 5, United States Code (commonly known 
        as the `Freedom of Information Act'); and
            ``(2) <<NOTE: Classified information. Determination.>>  may 
        include a classified annex.

    ``(d) Consolidated Report.--The Secretary shall not be required to 
submit multiple reports under subsection (b) for multiple

[[Page 135 STAT. 1272]]

declarations or renewals if the Secretary determines that the 
declarations or renewals substantively relate to the same specific 
significant incident.
    ``(e) Exemption.--The requirements of subchapter I of chapter 35 of 
title 44 (commonly known as the `Paperwork Reduction Act') shall not 
apply to the voluntary collection of information by the Department 
during an investigation of, a response to, or an immediate post-response 
review of, the specific significant incident leading to a declaration or 
renewal.
``SEC. 2236. <<NOTE: 6 USC 677e.>>  RULE OF CONSTRUCTION.

    ``Nothing in this subtitle shall be construed to impair or limit the 
ability of the Director to carry out the authorized activities of the 
Cybersecurity and Infrastructure Security Agency.
``SEC. 2237. <<NOTE: Time period. 6 USC 677f.>>  AUTHORIZATION OF 
                          APPROPRIATIONS.

    ``There are authorized to be appropriated to the Fund $20,000,000 
for fiscal year 2022 and each fiscal year thereafter until September 30, 
2028, which shall remain available until September 30, 2028.
``SEC. 2238. <<NOTE: 6 USC 677g.>>  SUNSET.

    ``The authorities granted to the Secretary or the Director under 
this subtitle shall expire on the date that is 7 years after the date of 
enactment of this subtitle.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) 
is amended by adding at the end the following:

           ``Subtitle C--Declaration of a Significant Incident

``Sec. 2231. Sense of congress.
``Sec. 2232. Definitions.
``Sec. 2233. Declaration.
``Sec. 2234. Cyber response and recovery fund.
``Sec. 2235. Notification and reporting.
``Sec. 2236. Rule of construction.
``Sec. 2237. Authorization of appropriations.
``Sec. 2238. Sunset.''.

 Subtitle <<NOTE: State and Local Cybersecurity Improvement Act.>>  B--
State and Local Cybersecurity Improvement Act
SEC. 70611. <<NOTE: 6 USC 101 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``State and Local Cybersecurity 
Improvement Act''.
SEC. 70612. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.

    (a) In General.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the 
following:
``SEC. 2218. <<NOTE: 6 USC 665g.>>  STATE AND LOCAL CYBERSECURITY 
                          GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    ``(B) the Committee on Homeland Security of the 
                House of Representatives.

[[Page 135 STAT. 1273]]

            ``(2) Cyber threat indicator.--The term `cyber threat 
        indicator' has the meaning given the term in section 102 of the 
        Cybersecurity Act of 2015 (6 U.S.C. 1501).
            ``(3) Cybersecurity plan.--The term `Cybersecurity Plan' 
        means a plan submitted by an eligible entity under subsection 
        (e)(1).
            ``(4) Eligible entity.--The term `eligible entity' means a--
                    ``(A) State; or
                    ``(B) Tribal government.
            ``(5) Incident.--The term `incident' has the meaning given 
        the term in section 2209.
            ``(6) Information sharing and analysis organization.--The 
        term `information sharing and analysis organization' has the 
        meaning given the term in section 2222.
            ``(7) Information system.--The term `information system' has 
        the meaning given the term in section 102 of the Cybersecurity 
        Act of 2015 (6 U.S.C. 1501).
            ``(8) Multi-entity group.--The term `multi-entity group' 
        means a group of 2 or more eligible entities desiring a grant 
        under this section.
            ``(9) Online service.--The term `online service' means any 
        internet-facing service, including a website, email, virtual 
        private network, or custom application.
            ``(10) Rural area.--The term `rural area' has the meaning 
        given the term in section 5302 of title 49, United States Code.
            ``(11) State and local cybersecurity grant program.--The 
        term `State and Local Cybersecurity Grant Program' means the 
        program established under subsection (b).
            ``(12) Tribal government.--The term `Tribal government' 
        means the recognized governing body of any Indian or Alaska 
        Native Tribe, band, nation, pueblo, village, community, 
        component band, or component reservation, that is individually 
        identified (including parenthetically) in the most recent list 
        published pursuant to Section 104 of the Federally Recognized 
        Indian Tribe List Act of 1994 (25 U.S.C. 5131).

    ``(b) Establishment.--
            ``(1) In general.--There is established within the 
        Department a program to award grants to eligible entities to 
        address cybersecurity risks and cybersecurity threats to 
        information systems owned or operated by, or on behalf of, 
        State, local, or Tribal governments.
            ``(2) Application.--An eligible entity desiring a grant 
        under the State and Local Cybersecurity Grant Program shall 
        submit to the Secretary an application at such time, in such 
        manner, and containing such information as the Secretary may 
        require.

    ``(c) Administration.--The State and Local Cybersecurity Grant 
Program shall be administered in the same office of the Department that 
administers grants made under sections 2003 and 2004.
    ``(d) Use of Funds.--An eligible entity that receives a grant under 
this section and a local government that receives funds from a grant 
under this section, as appropriate, shall use the grant to--
            ``(1) implement the Cybersecurity Plan of the eligible 
        entity;
            ``(2) develop or revise the Cybersecurity Plan of the 
        eligible entity;

[[Page 135 STAT. 1274]]

            ``(3) pay expenses directly relating to the administration 
        of the grant, which shall not exceed 5 percent of the amount of 
        the grant;
            ``(4) assist with activities that address imminent 
        cybersecurity threats, as confirmed by the Secretary, acting 
        through the Director, to the information systems owned or 
        operated by, or on behalf of, the eligible entity or a local 
        government within the jurisdiction of the eligible entity; or
            ``(5) fund any other appropriate activity determined by the 
        Secretary, acting through the Director.

    ``(e) Cybersecurity Plans.--
            ``(1) In general.--An eligible entity applying for a grant 
        under this section shall submit to the Secretary a Cybersecurity 
        Plan for review in accordance with subsection (i).
            ``(2) Required elements.--A Cybersecurity Plan of an 
        eligible entity shall--
                    ``(A) incorporate, to the extent practicable--
                          ``(i) any existing plans of the eligible 
                      entity to protect against cybersecurity risks and 
                      cybersecurity threats to information systems owned 
                      or operated by, or on behalf of, State, local, or 
                      Tribal governments; and
                          ``(ii) if the eligible entity is a State, 
                      consultation and feedback from local governments 
                      and associations of local governments within the 
                      jurisdiction of the eligible entity;
                    ``(B) describe, to the extent practicable, how the 
                eligible entity will--
                          ``(i) manage, monitor, and track information 
                      systems, applications, and user accounts owned or 
                      operated by, or on behalf of, the eligible entity 
                      or, if the eligible entity is a State, local 
                      governments within the jurisdiction of the 
                      eligible entity, and the information technology 
                      deployed on those information systems, including 
                      legacy information systems and information 
                      technology that are no longer supported by the 
                      manufacturer of the systems or technology;
                          ``(ii) monitor, audit, and, track network 
                      traffic and activity transiting or traveling to or 
                      from information systems, applications, and user 
                      accounts owned or operated by, or on behalf of, 
                      the eligible entity or, if the eligible entity is 
                      a State, local governments within the jurisdiction 
                      of the eligible entity;
                          ``(iii) enhance the preparation, response, and 
                      resiliency of information systems, applications, 
                      and user accounts owned or operated by, or on 
                      behalf of, the eligible entity or, if the eligible 
                      entity is a State, local governments within the 
                      jurisdiction of the eligible entity, against 
                      cybersecurity risks and cybersecurity threats;
                          ``(iv) implement a process of continuous 
                      cybersecurity vulnerability assessments and threat 
                      mitigation practices prioritized by degree of risk 
                      to address cybersecurity risks and cybersecurity 
                      threats on information systems, applications, and 
                      user accounts owned or operated by, or on behalf 
                      of, the eligible entity or,

[[Page 135 STAT. 1275]]

                      if the eligible entity is a State, local 
                      governments within the jurisdiction of the 
                      eligible entity;
                          ``(v) ensure that the eligible entity and, if 
                      the eligible entity is a State, local governments 
                      within the jurisdiction of the eligible entity, 
                      adopt and use best practices and methodologies to 
                      enhance cybersecurity, such as--
                                    ``(I) the practices set forth in the 
                                cybersecurity framework developed by the 
                                National Institute of Standards and 
                                Technology;
                                    ``(II) cyber chain supply chain risk 
                                management best practices identified by 
                                the National Institute of Standards and 
                                Technology; and
                                    ``(III) knowledge bases of adversary 
                                tools and tactics;
                          ``(vi) promote the delivery of safe, 
                      recognizable, and trustworthy online services by 
                      the eligible entity and, if the eligible entity is 
                      a State, local governments within the jurisdiction 
                      of the eligible entity, including through the use 
                      of the .gov internet domain;
                          ``(vii) ensure continuity of operations of the 
                      eligible entity and, if the eligible entity is a 
                      State, local governments within the jurisdiction 
                      of the eligible entity, in the event of a 
                      cybersecurity incident, including by conducting 
                      exercises to practice responding to a 
                      cybersecurity incident;
                          ``(viii) use the National Initiative for 
                      Cybersecurity Education Workforce Framework for 
                      Cybersecurity developed by the National Institute 
                      of Standards and Technology to identify and 
                      mitigate any gaps in the cybersecurity workforces 
                      of the eligible entity and, if the eligible entity 
                      is a State, local governments within the 
                      jurisdiction of the eligible entity, enhance 
                      recruitment and retention efforts for those 
                      workforces, and bolster the knowledge, skills, and 
                      abilities of personnel of the eligible entity and, 
                      if the eligible entity is a State, local 
                      governments within the jurisdiction of the 
                      eligible entity, to address cybersecurity risks 
                      and cybersecurity threats, such as through 
                      cybersecurity hygiene training;
                          ``(ix) if the eligible entity is a State, 
                      ensure continuity of communications and data 
                      networks within the jurisdiction of the eligible 
                      entity between the eligible entity and local 
                      governments within the jurisdiction of the 
                      eligible entity in the event of an incident 
                      involving those communications or data networks;
                          ``(x) assess and mitigate, to the greatest 
                      degree possible, cybersecurity risks and 
                      cybersecurity threats relating to critical 
                      infrastructure and key resources, the degradation 
                      of which may impact the performance of information 
                      systems within the jurisdiction of the eligible 
                      entity;
                          ``(xi) enhance capabilities to share cyber 
                      threat indicators and related information between 
                      the eligible entity and--
                                    ``(I) if the eligible entity is a 
                                State, local governments within the 
                                jurisdiction of the eligible

[[Page 135 STAT. 1276]]

                                entity, including by expanding 
                                information sharing agreements with the 
                                Department; and
                                    ``(II) the Department;
                          ``(xii) leverage cybersecurity services 
                      offered by the Department;
                          ``(xiii) implement an information technology 
                      and operational technology modernization 
                      cybersecurity review process that ensures 
                      alignment between information technology and 
                      operational technology cybersecurity objectives;
                          ``(xiv) <<NOTE: Coordination. Strategies.>>  
                      develop and coordinate strategies to address 
                      cybersecurity risks and cybersecurity threats in 
                      consultation with--
                                    ``(I) if the eligible entity is a 
                                State, local governments and 
                                associations of local governments within 
                                the jurisdiction of the eligible entity; 
                                and
                                    ``(II) as applicable--
                                            ``(aa) eligible entities 
                                        that neighbor the jurisdiction 
                                        of the eligible entity or, as 
                                        appropriate, members of an 
                                        information sharing and analysis 
                                        organization; and
                                            ``(bb) countries that 
                                        neighbor the jurisdiction of the 
                                        eligible entity;
                          ``(xv) ensure adequate access to, and 
                      participation in, the services and programs 
                      described in this subparagraph by rural areas 
                      within the jurisdiction of the eligible entity; 
                      and
                          ``(xvi) distribute funds, items, services, 
                      capabilities, or activities to local governments 
                      under subsection (n)(2)(A), including the fraction 
                      of that distribution the eligible entity plans to 
                      distribute to rural areas under subsection 
                      (n)(2)(B);
                    ``(C) <<NOTE: Assessment.>>  assess the capabilities 
                of the eligible entity relating to the actions described 
                in subparagraph (B);
                    ``(D) describe, as appropriate and to the extent 
                practicable, the individual responsibilities of the 
                eligible entity and local governments within the 
                jurisdiction of the eligible entity in implementing the 
                plan;
                    ``(E) <<NOTE: Timeline.>>  outline, to the extent 
                practicable, the necessary resources and a timeline for 
                implementing the plan; and
                    ``(F) describe the metrics the eligible entity will 
                use to measure progress towards--
                          ``(i) implementing the plan; and
                          ``(ii) reducing cybersecurity risks to, and 
                      identifying, responding to, and recovering from 
                      cybersecurity threats to, information systems 
                      owned or operated by, or on behalf of, the 
                      eligible entity or, if the eligible entity is a 
                      State, local governments within the jurisdiction 
                      of the eligible entity.
            ``(3) Discretionary elements.--In drafting a Cybersecurity 
        Plan, an eligible entity may--
                    ``(A) <<NOTE: Consultation.>>  consult with the 
                Multi-State Information Sharing and Analysis Center;
                    ``(B) include a description of cooperative programs 
                developed by groups of local governments within the 
                jurisdiction of the eligible entity to address 
                cybersecurity risks and cybersecurity threats; and

[[Page 135 STAT. 1277]]

                    ``(C) include a description of programs provided by 
                the eligible entity to support local governments and 
                owners and operators of critical infrastructure to 
                address cybersecurity risks and cybersecurity threats.

    ``(f) Multi-entity Grants.--
            ``(1) In general.--The Secretary may award grants under this 
        section to a multi-entity group to support multi-entity efforts 
        to address cybersecurity risks and cybersecurity threats to 
        information systems within the jurisdictions of the eligible 
        entities that comprise the multi-entity group.
            ``(2) Satisfaction of other requirements.--In order to be 
        eligible for a multi-entity grant under this subsection, each 
        eligible entity that comprises a multi-entity group shall have--
                    ``(A) a Cybersecurity Plan that has been reviewed by 
                the Secretary in accordance with subsection (i); and
                    ``(B) a cybersecurity planning committee established 
                in accordance with subsection (g).
            ``(3) Application.--
                    ``(A) In general.--A multi-entity group applying for 
                a multi-entity grant under paragraph (1) shall submit to 
                the Secretary an application at such time, in such 
                manner, and containing such information as the Secretary 
                may require.
                    ``(B) Multi-entity project plan.--An application for 
                a grant under this section of a multi-entity group under 
                subparagraph (A) shall include a plan describing--
                          ``(i) the division of responsibilities among 
                      the eligible entities that comprise the multi-
                      entity group;
                          ``(ii) the distribution of funding from the 
                      grant among the eligible entities that comprise 
                      the multi-entity group; and
                          ``(iii) how the eligible entities that 
                      comprise the multi-entity group will work together 
                      to implement the Cybersecurity Plan of each of 
                      those eligible entities.

    ``(g) Planning Committees.--
            ``(1) In general.--An eligible entity that receives a grant 
        under this section shall establish a cybersecurity planning 
        committee to--
                    ``(A) assist with the development, implementation, 
                and revision of the Cybersecurity Plan of the eligible 
                entity;
                    ``(B) approve the Cybersecurity Plan of the eligible 
                entity; and
                    ``(C) assist with the determination of effective 
                funding priorities for a grant under this section in 
                accordance with subsections (d) and (j).
            ``(2) Composition.--A committee of an eligible entity 
        established under paragraph (1) shall--
                    ``(A) be comprised of representatives from--
                          ``(i) the eligible entity;
                          ``(ii) if the eligible entity is a State, 
                      counties, cities, and towns within the 
                      jurisdiction of the eligible entity; and
                          ``(iii) institutions of public education and 
                      health within the jurisdiction of the eligible 
                      entity; and
                    ``(B) include, as appropriate, representatives of 
                rural, suburban, and high-population jurisdictions.

[[Page 135 STAT. 1278]]

            ``(3) Cybersecurity expertise.--Not less than one-half of 
        the representatives of a committee established under paragraph 
        (1) shall have professional experience relating to cybersecurity 
        or information technology.
            ``(4) Rule of construction regarding existing planning 
        committees.--Nothing in this subsection shall be construed to 
        require an eligible entity to establish a cybersecurity planning 
        committee if the eligible entity has established and uses a 
        multijurisdictional planning committee or commission that--
                    ``(A) meets the requirements of this subsection; or
                    ``(B) may be expanded or leveraged to meet the 
                requirements of this subsection, including through the 
                formation of a cybersecurity planning subcommittee.
            ``(5) Rule of construction regarding control of information 
        systems of eligible entities.--Nothing in this subsection shall 
        be construed to permit a cybersecurity planning committee of an 
        eligible entity that meets the requirements of this subsection 
        to make decisions relating to information systems owned or 
        operated by, or on behalf of, the eligible entity.

    ``(h) <<NOTE: Consultation.>>  Special Rule for Tribal 
Governments.--With respect to any requirement under subsection (e) or 
(g), the Secretary, in consultation with the Secretary of the Interior 
and Tribal governments, may prescribe an alternative substantively 
similar requirement for Tribal governments if the Secretary finds that 
the alternative requirement is necessary for the effective delivery and 
administration of grants to Tribal governments under this section.

    ``(i) Review of Plans.--
            ``(1) Review as condition of grant.--
                    ``(A) In general.--Subject to paragraph (3), before 
                an eligible entity may receive a grant under this 
                section, the Secretary, acting through the Director, 
                shall--
                          ``(i) <<NOTE: Review.>>  review the 
                      Cybersecurity Plan of the eligible entity, 
                      including any revised Cybersecurity Plans of the 
                      eligible entity; and
                          ``(ii) <<NOTE: Determination.>>  determine 
                      that the Cybersecurity Plan reviewed under clause 
                      (i) satisfies the requirements under paragraph 
                      (2).
                    ``(B) <<NOTE: Effective date.>>  Duration of 
                determination.--In the case of a determination under 
                subparagraph (A)(ii) that a Cybersecurity Plan satisfies 
                the requirements under paragraph (2), the determination 
                shall be effective for the 2-year period beginning on 
                the date of the determination.
                    ``(C) <<NOTE: Deadline. Determinations.>>  Annual 
                renewal.--Not later than 2 years after the date on which 
                the Secretary determines under subparagraph (A)(ii) that 
                a Cybersecurity Plan satisfies the requirements under 
                paragraph (2), and annually thereafter, the Secretary, 
                acting through the Director, shall--
                          ``(i) determine whether the Cybersecurity Plan 
                      and any revisions continue to meet the criteria 
                      described in paragraph (2); and
                          ``(ii) renew the determination if the 
                      Secretary, acting through the Director, makes a 
                      positive determination under clause (i).
            ``(2) Plan requirements.--In reviewing a Cybersecurity Plan 
        of an eligible entity under this subsection, the Secretary,

[[Page 135 STAT. 1279]]

        acting through the Director, shall ensure that the Cybersecurity 
        Plan--
                    ``(A) satisfies the requirements of subsection 
                (e)(2); and
                    ``(B) has been approved by--
                          ``(i) the cybersecurity planning committee of 
                      the eligible entity established under subsection 
                      (g); and
                          ``(ii) the Chief Information Officer, the 
                      Chief Information Security Officer, or an 
                      equivalent official of the eligible entity.
            ``(3) <<NOTE: Deadline. Review. Certification.>>  
        Exception.--Notwithstanding subsection (e) and paragraph (1) of 
        this subsection, the Secretary may award a grant under this 
        section to an eligible entity that does not submit a 
        Cybersecurity Plan to the Secretary for review before September 
        30, 2023, if the eligible entity certifies to the Secretary 
        that--
                    ``(A) the activities that will be supported by the 
                grant are--
                          ``(i) integral to the development of the 
                      Cybersecurity Plan of the eligible entity; or
                          ``(ii) necessary to assist with activities 
                      described in subsection (d)(4), as confirmed by 
                      the Director; and
                    ``(B) the eligible entity will submit to the 
                Secretary a Cybersecurity Plan for review under this 
                subsection by September 30, 2023.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to provide authority to the Secretary to--
                    ``(A) regulate the manner by which an eligible 
                entity or local government improves the cybersecurity of 
                the information systems owned or operated by, or on 
                behalf of, the eligible entity or local government; or
                    ``(B) condition the receipt of grants under this 
                section on--
                          ``(i) participation in a particular Federal 
                      program; or
                          ``(ii) the use of a specific product or 
                      technology.

    ``(j) Limitations on Uses of Funds.--
            ``(1) In general.--Any entity that receives funds from a 
        grant under this section may not use the grant--
                    ``(A) to supplant State or local funds;
                    ``(B) for any recipient cost-sharing contribution;
                    ``(C) to pay a ransom;
                    ``(D) for recreational or social purposes; or
                    ``(E) for any purpose that does not address 
                cybersecurity risks or cybersecurity threats on 
                information systems owned or operated by, or on behalf 
                of, the eligible entity that receives the grant or a 
                local government within the jurisdiction of the eligible 
                entity.
            ``(2) Compliance oversight.--In addition to any other remedy 
        available, the Secretary may take such actions as are necessary 
        to ensure that a recipient of a grant under this section uses 
        the grant for the purposes for which the grant is awarded.
            ``(3) Rule of construction.--Nothing in paragraph (1)(A) 
        shall be construed to prohibit the use of funds from a grant 
        under this section awarded to a State, local, or Tribal 
        government for otherwise permissible uses under this section on 
        the basis that the State, local, or Tribal government has 
        previously

[[Page 135 STAT. 1280]]

        used State, local, or Tribal funds to support the same or 
        similar uses.

    ``(k) Opportunity to Amend Applications.--In considering 
applications for grants under this section, the Secretary shall provide 
applicants with a reasonable opportunity to correct any defects in those 
applications before making final awards, including by allowing 
applicants to revise a submitted Cybersecurity Plan.
    ``(l) Apportionment.--For fiscal year 2022 and each fiscal year 
thereafter, the Secretary shall apportion amounts appropriated to carry 
out this section among eligible entities as follows:
            ``(1) Baseline amount.--The Secretary shall first 
        apportion--
                    ``(A) 0.25 percent of such amounts to each of 
                American Samoa, the Commonwealth of the Northern Mariana 
                Islands, Guam, and the United States Virgin Islands;
                    ``(B) 1 percent of such amounts to each of the 
                remaining States; and
                    ``(C) 3 percent of such amounts to Tribal 
                governments.
            ``(2) Remainder.--The Secretary shall apportion the 
        remainder of such amounts to States as follows:
                    ``(A) 50 percent of such remainder in the ratio that 
                the population of each State, bears to the population of 
                all States; and
                    ``(B) 50 percent of such remainder in the ratio that 
                the population of each State that resides in rural 
                areas, bears to the population of all States that 
                resides in rural areas.
            ``(3) Apportionment among tribal governments.--In 
        determining how to apportion amounts to Tribal governments under 
        paragraph (1)(C), the Secretary shall consult with the Secretary 
        of the Interior and Tribal governments.
            ``(4) Multi-entity grants.--An amount received from a multi-
        entity grant awarded under subsection (f)(1) by a State or 
        Tribal government that is a member of the multi-entity group 
        shall qualify as an apportionment for the purpose of this 
        subsection.

    ``(m) Federal Share.--
            ``(1) In general.--The Federal share of the cost of an 
        activity carried out using funds made available with a grant 
        under this section may not exceed--
                    ``(A) in the case of a grant to an eligible entity--
                          ``(i) for fiscal year 2022, 90 percent;
                          ``(ii) for fiscal year 2023, 80 percent;
                          ``(iii) for fiscal year 2024, 70 percent; and
                          ``(iv) for fiscal year 2025, 60 percent; and
                    ``(B) in the case of a grant to a multi-entity 
                group--
                          ``(i) for fiscal year 2022, 100 percent;
                          ``(ii) for fiscal year 2023, 90 percent;
                          ``(iii) for fiscal year 2024, 80 percent; and
                          ``(iv) for fiscal year 2025, 70 percent.
            ``(2) Waiver.--
                    ``(A) In general.--The Secretary may waive or modify 
                the requirements of paragraph (1) if an eligible entity 
                or multi-entity group demonstrates economic hardship.
                    ``(B) <<NOTE: Publication. Determination.>>  
                Guidelines.--The Secretary shall establish and publish 
                guidelines for determining what constitutes economic 
                hardship for the purposes of this subsection.

[[Page 135 STAT. 1281]]

                    ``(C) Considerations.--In developing guidelines 
                under subparagraph (B), the Secretary shall consider, 
                with respect to the jurisdiction of an eligible entity--
                          ``(i) changes in rates of unemployment in the 
                      jurisdiction from previous years;
                          ``(ii) changes in the percentage of 
                      individuals who are eligible to receive benefits 
                      under the supplemental nutrition assistance 
                      program established under the Food and Nutrition 
                      Act of 2008 (7 U.S.C. 2011 et seq.) from previous 
                      years; and
                          ``(iii) any other factors the Secretary 
                      considers appropriate.
            ``(3) <<NOTE: Consultation. Determination.>>  Waiver for 
        tribal governments.--Notwithstanding paragraph (2), the 
        Secretary, in consultation with the Secretary of the Interior 
        and Tribal governments, may waive or modify the requirements of 
        paragraph (1) for 1 or more Tribal governments if the Secretary 
        determines that the waiver is in the public interest.

    ``(n) Responsibilities of Grantees.--
            ``(1) Certification.--Each eligible entity or multi-entity 
        group that receives a grant under this section shall certify to 
        the Secretary that the grant will be used--
                    ``(A) for the purpose for which the grant is 
                awarded; and
                    ``(B) in compliance with subsections (d) and (j).
            ``(2) Availability of funds to local governments and rural 
        areas.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Subject to 
                subparagraph (C), not later than 45 days after the date 
                on which an eligible entity or multi-entity group 
                receives a grant under this section, the eligible entity 
                or multi-entity group shall, without imposing 
                unreasonable or unduly burdensome requirements as a 
                condition of receipt, obligate or otherwise make 
                available to local governments within the jurisdiction 
                of the eligible entity or the eligible entities that 
                comprise the multi-entity group, consistent with the 
                Cybersecurity Plan of the eligible entity or the 
                Cybersecurity Plans of the eligible entities that 
                comprise the multi-entity group--
                          ``(i) not less than 80 percent of funds 
                      available under the grant;
                          ``(ii) with the consent of the local 
                      governments, items, services, capabilities, or 
                      activities having a value of not less than 80 
                      percent of the amount of the grant; or
                          ``(iii) with the consent of the local 
                      governments, grant funds combined with other 
                      items, services, capabilities, or activities 
                      having the total value of not less than 80 percent 
                      of the amount of the grant.
                    ``(B) Availability to rural areas.--In obligating 
                funds, items, services, capabilities, or activities to 
                local governments under subparagraph (A), the eligible 
                entity or eligible entities that comprise the multi-
                entity group shall ensure that rural areas within the 
                jurisdiction of the eligible entity or the eligible 
                entities that comprise the multi-entity group receive 
                not less than--
                          ``(i) 25 percent of the amount of the grant 
                      awarded to the eligible entity;

[[Page 135 STAT. 1282]]

                          ``(ii) items, services, capabilities, or 
                      activities having a value of not less than 25 
                      percent of the amount of the grant awarded to the 
                      eligible entity; or
                          ``(iii) grant funds combined with other items, 
                      services, capabilities, or activities having the 
                      total value of not less than 25 percent of the 
                      grant awarded to the eligible entity.
                    ``(C) Exceptions.--This paragraph shall not apply 
                to--
                          ``(i) any grant awarded under this section 
                      that solely supports activities that are integral 
                      to the development or revision of the 
                      Cybersecurity Plan of the eligible entity; or
                          ``(ii) the District of Columbia, the 
                      Commonwealth of Puerto Rico, American Samoa, the 
                      Commonwealth of the Northern Mariana Islands, 
                      Guam, the United States Virgin Islands, or a 
                      Tribal government.
            ``(3) Certifications regarding distribution of grant funds 
        to local governments.--An eligible entity or multi-entity group 
        shall certify to the Secretary that the eligible entity or 
        multi-entity group has made the distribution to local 
        governments required under paragraph (2).
            ``(4) Extension of period.--
                    ``(A) In general.--An eligible entity or multi-
                entity group may request in writing that the Secretary 
                extend the period of time specified in paragraph (2) for 
                an additional period of time.
                    ``(B) <<NOTE: Determination.>>  Approval.--The 
                Secretary may approve a request for an extension under 
                subparagraph (A) if the Secretary determines the 
                extension is necessary to ensure that the obligation and 
                expenditure of grant funds align with the purpose of the 
                State and Local Cybersecurity Grant Program.
            ``(5) Direct funding.--If an eligible entity does not make a 
        distribution to a local government required under paragraph (2) 
        in a timely fashion, the local government may petition the 
        Secretary to request the Secretary to provide funds directly to 
        the local government.
            ``(6) Limitation on construction.--A grant awarded under 
        this section may not be used to acquire land or to construct, 
        remodel, or perform alterations of buildings or other physical 
        facilities.
            ``(7) Consultation in allocating funds.--An eligible entity 
        applying for a grant under this section shall agree to consult 
        the Chief Information Officer, the Chief Information Security 
        Officer, or an equivalent official of the eligible entity in 
        allocating funds from a grant awarded under this section.
            ``(8) Penalties.--In addition to other remedies available to 
        the Secretary, if an eligible entity violates a requirement of 
        this subsection, the Secretary may--
                    ``(A) terminate or reduce the amount of a grant 
                awarded under this section to the eligible entity; or
                    ``(B) distribute grant funds previously awarded to 
                the eligible entity--
                          ``(i) <<NOTE: Determination.>>  in the case of 
                      an eligible entity that is a State, directly to 
                      the appropriate local government as a

[[Page 135 STAT. 1283]]

                      replacement grant in an amount determined by the 
                      Secretary; or
                          ``(ii) in the case of an eligible entity that 
                      is a Tribal government, to another Tribal 
                      government or Tribal governments as a replacement 
                      grant in an amount determined by the Secretary.

    ``(o) Consultation With State, Local, and Tribal Representatives.--
In carrying out this section, the Secretary shall consult with State, 
local, and Tribal representatives with professional experience relating 
to cybersecurity, including representatives of associations representing 
State, local, and Tribal governments, to inform--
            ``(1) guidance for applicants for grants under this section, 
        including guidance for Cybersecurity Plans;
            ``(2) the study of risk-based formulas required under 
        subsection (q)(4);
            ``(3) the development of guidelines required under 
        subsection (m)(2)(B); and
            ``(4) any modifications described in subsection (q)(2)(D).

    ``(p) <<NOTE: Deadline.>>  Notification to Congress.--Not later than 
3 business days before the date on which the Department announces the 
award of a grant to an eligible entity under this section, including an 
announcement to the eligible entity, the Secretary shall provide to the 
appropriate committees of Congress notice of the announcement.

    ``(q) Reports, Study, and Review.--
            ``(1) Annual reports by grant recipients.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which an eligible entity receives a grant under 
                this section for the purpose of implementing the 
                Cybersecurity Plan of the eligible entity, including an 
                eligible entity that comprises a multi-entity group that 
                receives a grant for that purpose, and annually 
                thereafter until 1 year after the date on which funds 
                from the grant are expended or returned, the eligible 
                entity shall submit to the Secretary a report that, 
                using the metrics described in the Cybersecurity Plan of 
                the eligible entity, describes the progress of the 
                eligible entity in--
                          ``(i) implementing the Cybersecurity Plan of 
                      the eligible entity; and
                          ``(ii) reducing cybersecurity risks to, and 
                      identifying, responding to, and recovering from 
                      cybersecurity threats to, information systems 
                      owned or operated by, or on behalf of, the 
                      eligible entity or, if the eligible entity is a 
                      State, local governments within the jurisdiction 
                      of the eligible entity.
                    ``(B) Absence of plan.--Not later than 1 year after 
                the date on which an eligible entity that does not have 
                a Cybersecurity Plan receives funds under this section, 
                and annually thereafter until 1 year after the date on 
                which funds from the grant are expended or returned, the 
                eligible entity shall submit to the Secretary a report 
                describing how the eligible entity obligated and 
                expended grant funds to--
                          ``(i) develop or revise a Cybersecurity Plan; 
                      or
                          ``(ii) assist with the activities described in 
                      subsection (d)(4).

[[Page 135 STAT. 1284]]

            ``(2) Annual reports to congress.--Not less frequently than 
        annually, the Secretary, acting through the Director, shall 
        submit to Congress a report on--
                    ``(A) the use of grants awarded under this section;
                    ``(B) the proportion of grants used to support 
                cybersecurity in rural areas;
                    ``(C) the effectiveness of the State and Local 
                Cybersecurity Grant Program;
                    ``(D) any necessary modifications to the State and 
                Local Cybersecurity Grant Program; and
                    ``(E) any progress made toward--
                          ``(i) developing, implementing, or revising 
                      Cybersecurity Plans; and
                          ``(ii) reducing cybersecurity risks to, and 
                      identifying, responding to, and recovering from 
                      cybersecurity threats to, information systems 
                      owned or operated by, or on behalf of, State, 
                      local, or Tribal governments as a result of the 
                      award of grants under this section.
            ``(3) Public availability.--
                    ``(A) <<NOTE: Web posting.>>  In general.--The 
                Secretary, acting through the Director, shall make each 
                report submitted under paragraph (2) publicly available, 
                including by making each report available on the website 
                of the Agency.
                    ``(B) <<NOTE: Consultation. Determination.>>  
                Redactions.--In making each report publicly available 
                under subparagraph (A), the Director may make redactions 
                that the Director, in consultation with each eligible 
                entity, determines necessary to protect classified or 
                other information exempt from disclosure under section 
                552 of title 5, United States Code (commonly referred to 
                as the `Freedom of Information Act').
            ``(4) Study of risk-based formulas.--
                    ``(A) <<NOTE: Deadline. Recommenda- tions.>>  In 
                general.--Not later than September 30, 2024, the 
                Secretary, acting through the Director, shall submit to 
                the appropriate committees of Congress a study and 
                legislative recommendations on the potential use of a 
                risk-based formula for apportioning funds under this 
                section, including--
                          ``(i) potential components that could be 
                      included in a risk-based formula, including the 
                      potential impact of those components on support 
                      for rural areas under this section;
                          ``(ii) potential sources of data and 
                      information necessary for the implementation of a 
                      risk-based formula;
                          ``(iii) any obstacles to implementing a risk-
                      based formula, including obstacles that require a 
                      legislative solution;
                          ``(iv) if a risk-based formula were to be 
                      implemented for fiscal year 2026, a recommended 
                      risk-based formula for the State and Local 
                      Cybersecurity Grant Program; and
                          ``(v) <<NOTE: Determination.>>  any other 
                      information that the Secretary, acting through the 
                      Director, determines necessary to help Congress 
                      understand the progress towards, and obstacles to, 
                      implementing a risk-based formula.
                    ``(B) Inapplicability of paperwork reduction act.--
                The requirements of chapter 35 of title 44, United 
                States Code (commonly referred to as the `Paperwork 
                Reduction

[[Page 135 STAT. 1285]]

                Act'), shall not apply to any action taken to carry out 
                this paragraph.
            ``(5) Tribal cybersecurity needs report.--Not later than 2 
        years after the date of enactment of this section, the 
        Secretary, acting through the Director, shall submit to Congress 
        a report that--
                    ``(A) <<NOTE: Determination. Consultation.>>  
                describes the cybersecurity needs of Tribal governments, 
                which shall be determined in consultation with the 
                Secretary of the Interior and Tribal governments; and
                    ``(B) <<NOTE: Recommenda- tions.>>  includes any 
                recommendations for addressing the cybersecurity needs 
                of Tribal governments, including any necessary 
                modifications to the State and Local Cybersecurity Grant 
                Program to better serve Tribal governments.
            ``(6) <<NOTE: Deadline.>>  GAO review.--Not later than 3 
        years after the date of enactment of this section, the 
        Comptroller General of the United States shall conduct a review 
        of the State and Local Cybersecurity Grant Program, including--
                    ``(A) the grant selection process of the Secretary; 
                and
                    ``(B) a sample of grants awarded under this section.

    ``(r) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        for activities under this section--
                    ``(A) for fiscal year 2022, $200,000,000;
                    ``(B) for fiscal year 2023, $400,000,000;
                    ``(C) for fiscal year 2024, $300,000,000; and
                    ``(D) for fiscal year 2025, $100,000,000.
            ``(2) Transfers authorized.--
                    ``(A) In general.--During a fiscal year, the 
                Secretary or the head of any component of the Department 
                that administers the State and Local Cybersecurity Grant 
                Program may transfer not more than 5 percent of the 
                amounts appropriated pursuant to paragraph (1) or other 
                amounts appropriated to carry out the State and Local 
                Cybersecurity Grant Program for that fiscal year to an 
                account of the Department for salaries, expenses, and 
                other administrative costs incurred for the management, 
                administration, or evaluation of this section.
                    ``(B) Additional appropriations.--Any funds 
                transferred under subparagraph (A) shall be in addition 
                to any funds appropriated to the Department or the 
                components described in subparagraph (A) for salaries, 
                expenses, and other administrative costs.

    ``(s) Termination.--
            ``(1) In general.--Subject to paragraph (2), the 
        requirements of this section shall terminate on September 30, 
        2025.
            ``(2) Exception.--The reporting requirements under 
        subsection (q) shall terminate on the date that is 1 year after 
        the date on which the final funds from a grant under this 
        section are expended or returned.''.

    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), 
is amended by inserting after the item relating to section 2217 the 
following:

``Sec. 2218. State and Local Cybersecurity Grant Program.''.

[[Page 135 STAT. 1286]]

                 TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS

SEC. 70701. <<NOTE: 23 USC 601 note.>>  VALUE FOR MONEY ANALYSIS.

    (a) <<NOTE: Evaluation.>>  In General.--Notwithstanding any other 
provision of law, in the case of a project described in subsection (b), 
the entity carrying out the project shall, during the planning and 
project development process and prior to signing any Project Development 
Agreement, conduct a value for money analysis or comparable analysis of 
the project, which shall include an evaluation of--
            (1) the life-cycle cost and project delivery schedule;
            (2) the costs of using public funding versus private 
        financing for the project;
            (3) a description of the key assumptions made in developing 
        the analysis, including--
                    (A) an analysis of any Federal grants or loans and 
                subsidies received or expected (including tax 
                depreciation costs);
                    (B) the key terms of the proposed public-private 
                partnership agreement, if applicable (including the 
                expected rate of return for private debt and equity), 
                and major compensation events;
                    (C) a discussion of the benefits and costs 
                associated with the allocation of risk;
                    (D) <<NOTE: Determination.>>  the determination of 
                risk premiums assigned to various project delivery 
                scenarios;
                    (E) assumptions about use, demand, and any user fee 
                revenue generated by the project; and
                    (F) any externality benefits for the public 
                generated by the project;
            (4) a forecast of user fees and other revenues expected to 
        be generated by the project, if applicable; and
            (5) <<NOTE: Determination.>>  any other information the 
        Secretary of Transportation determines to be appropriate.

    (b) Project Described.--A project referred to in subsection (a) is a 
transportation project--
            (1) with an estimated total cost of more than $750,000,000;
            (2) carried out--
                    (A) by a public entity that is a State, territory, 
                Indian Tribe, unit of local government, transit agency, 
                port authority, metropolitan planning organization, 
                airport authority, or other political subdivision of a 
                State or local government; and
                    (B) in a State in which there is in effect a State 
                law authorizing the use and implementation of public-
                private partnerships for transportation projects; and
            (3)(A) that intends to submit a letter of interest, or has 
        submitted a letter of interest after the date of enactment of 
        this Act, to be carried out with--
                    (i) assistance under the TIFIA program under chapter 
                6 of title 23, United States Code; or
                    (ii) assistance under the Railroad Rehabilitation 
                and Improvement Financing Program of the Federal 
                Railroad Administration established under chapter 224 of 
                title 49, United States Code; and

[[Page 135 STAT. 1287]]

            (B) that is anticipated to generate user fees or other 
        revenues that could support the capital and operating costs of 
        such project.

    (c) Reporting Requirements.--
            (1) Project reports.--For each project described in 
        subsection (b), the entity carrying out the project shall--
                    (A) <<NOTE: Web posting.>>  include the results of 
                the analysis under subsection (a) on the website of the 
                project; and
                    (B) submit the results of the analysis to the Build 
                America Bureau and the Secretary of Transportation.
            (2) <<NOTE: Coordination.>>  Report to congress.--The 
        Secretary of Transportation, in coordination with the Build 
        America Bureau, shall, not later than 2 years after the date of 
        enactment of this Act--
                    (A) compile the analyses submitted under paragraph 
                (1)(B); and
                    (B) submit to Congress a report that--
                          (i) includes the analyses submitted under 
                      paragraph (1)(B);
                          (ii) describes--
                                    (I) the use of private financing for 
                                projects described in subsection (b); 
                                and
                                    (II) the costs and benefits of 
                                conducting a value for money analysis; 
                                and
                          (iii) identifies best practices for private 
                      financing of projects described in subsection (b).

    (d) <<NOTE: Coordination.>>  Guidance.--The Secretary of 
Transportation, in coordination with the Build America Bureau, shall 
issue guidance on performance benchmarks, risk premiums, and expected 
rates of return on private financing for projects described in 
subsection (b).

               TITLE VIII--FEDERAL PERMITTING IMPROVEMENT

SEC. 70801. FEDERAL PERMITTING IMPROVEMENT.

    (a) Definitions.--Section 41001 of the FAST Act (42 U.S.C. 4370m) is 
amended--
            (1) in paragraph (3), by inserting ``and any interagency 
        consultation'' after ``issued by an agency'';
            (2) in paragraph (4), by striking ``means'' and all that 
        follows through the period at the end of subparagraph (B) and 
        inserting ``has the meaning given the term in section 1508.1 of 
        title 40, Code of Federal Regulations (or successor 
        regulations).'';
            (3) in paragraph (5), by striking ``Federal Infrastructure 
        Permitting Improvement Steering Council'' and inserting 
        ``Federal Permitting Improvement Steering Council'';
            (4) in paragraph (6)(A)--
                    (A) in clause (ii), by striking ``or'' at the end;
                    (B) by redesignating clause (iii) as clause (iv); 
                and
                    (C) by inserting after clause (ii) the following:
                          ``(iii) is--
                                    ``(I) subject to NEPA;
                                    ``(II) sponsored by an Indian Tribe 
                                (as defined in section 4 of the Indian 
                                Self-Determination and

[[Page 135 STAT. 1288]]

                                Education Assistance Act (25 U.S.C. 
                                5304)), an Alaska Native Corporation, a 
                                Native Hawaiian organization (as defined 
                                in section 6207 of the Elementary and 
                                Secondary Education Act of 1965 (20 
                                U.S.C. 7517)), the Department of 
                                Hawaiian Home Lands, or the Office of 
                                Hawaiian Affairs; and
                                    ``(III) located on land owned or 
                                under the jurisdiction of the entity 
                                that sponsors the activity under 
                                subclause (II); or''; and
            (5) in paragraph (8), by striking ``means'' and all that 
        follows through the period at the end and inserting ``has the 
        meaning given the term in section 1508.1 of title 40, Code of 
        Federal Regulations (or successor regulations).''.

    (b) Federal Permitting Improvement Steering Council.--Section 41002 
of the FAST Act (42 U.S.C. 4370m-1) is amended--
            (1) in the section heading, by striking ``federal permitting 
        improvement council'' and inserting ``federal permitting 
        improvement steering council'';
            (2) in subsection (b)(2)(A)--
                    (A) in clause (i)--
                          (i) by striking ``Each'' and inserting the 
                      following:
                                    ``(I) In general.--Each''; and
                          (ii) by adding at the end the following:
                                    
                                ``(II) <<NOTE: Notification. Deadline.>> 
                                 Redesignation.--If an individual listed 
                                in subparagraph (B) designates a 
                                different member to serve on the Council 
                                than the member designated under 
                                subclause (I), the individual shall 
                                notify the Executive Director of the 
                                designation by not later than 30 days 
                                after the date on which the designation 
                                is made.''; and
                    (B) in clause (iii)(II), by striking ``a deputy 
                secretary (or the equivalent) or higher'' and inserting 
                ``the applicable agency councilmember'';
            (3) <<NOTE: Performance schedules.>>  in subsection (c)--
                    (A) in paragraph (1)(C)(ii)--
                          (i) by striking subclause (I) and inserting 
                      the following:
                                    ``(I) In general.--The performance 
                                schedules shall reflect employment of 
                                the most sound and efficient applicable 
                                processes, including the alignment of 
                                Federal reviews of projects, reduction 
                                of permitting and project delivery time, 
                                and consideration of the best practices 
                                for public participation.'';
                          (ii) by redesignating subclause (II) as 
                      subclause (III);
                          (iii) by inserting after subclause (I) the 
                      following:
                                    ``(II) <<NOTE: Consultations. Time 
                                period.>>  Goal.--
                                            ``(aa) In general.--To the 
                                        maximum extent practicable, and 
                                        consistent with applicable 
                                        Federal law, the Executive 
                                        Director, in consultation with 
                                        the Council, shall aim to 
                                        develop recommended performance 
                                        schedules under clause (i) of 
                                        not more than 2 years.
                                            ``(bb) Exception.--If a 
                                        recommended performance schedule 
                                        developed under clause (i) 
                                        exceeds 2 years, the relevant 
                                        agencies, in

[[Page 135 STAT. 1289]]

                                        consultation with the Executive 
                                        Director and the Council, shall 
                                        explain in that recommended 
                                        performance schedule the factors 
                                        that cause the environmental 
                                        reviews and authorizations in 
                                        that category of covered 
                                        projects to take longer than 2 
                                        years.''; and
                          (iv) in subclause (III)(bb) (as so 
                      redesignated), by striking ``on the basis of data 
                      from the preceding 2 calendar years'' and 
                      inserting ``based on relevant historical data, as 
                      determined by the Executive Director,'';
                    (B) in paragraph (2)(B)--
                          (i) in the matter preceding clause (i), by 
                      striking ``later than'' and all that follows 
                      through ``practices for'' and inserting ``less 
                      frequently than annually, the Council shall issue 
                      recommendations on the best practices for 
                      improving the Federal permitting process for 
                      covered projects, which may include'';
                          (ii) in clause (i)--
                                    (I) by striking ``stakeholder 
                                engagement, including fully 
                                considering'' and inserting 
                                ``stakeholder engagement, including--
                                    ``(II) fully considering''; and
                                    (II) by inserting before subclause 
                                (II) (as added by subclause (I)) the 
                                following:
                                    ``(I) engaging with Native American 
                                stakeholders to ensure that project 
                                sponsors and agencies identify potential 
                                natural, archeological, and cultural 
                                resources and locations of historic and 
                                religious significance in the area of a 
                                covered project; and'';
                          (iii) in clause (vii), by striking ``and'' at 
                      the end;
                          (iv) by redesignating clause (viii) as clause 
                      (x); and
                          (v) by inserting after clause (vii) the 
                      following:
                          ``(viii) in coordination with the Executive 
                      Director, improving preliminary engagement with 
                      project sponsors in developing coordinated project 
                      plans;
                          ``(ix) using programmatic assessments, 
                      templates, and other tools based on the best 
                      available science and data; and''; and
                    (C) in paragraph (3)(A), by inserting ``, including 
                agency compliance with intermediate and final completion 
                dates described in coordinated project plans'' after 
                ``authorizations''; and
            (4) by striking subsection (d).

    (c) Permitting Process Improvement.--Section 41003 of the FAST Act 
(42 U.S.C. 4370m-2) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by adding at the end the 
                following:
                    ``(D) Confidentiality.--Any information relating to 
                Native American natural, cultural, and historical 
                resources submitted in a notice by a project sponsor 
                under subparagraph (A) shall be--
                          ``(i) kept confidential; and

[[Page 135 STAT. 1290]]

                          ``(ii) exempt from the disclosure requirements 
                      under section 552 of title 5, United States Code 
                      (commonly known as the `Freedom of Information 
                      Act'), and the Federal Advisory Committee Act (5 
                      U.S.C. App.).'';
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), in the matter 
                      preceding clause (i), by striking ``45 days'' and 
                      inserting ``21 calendar days''; and
                          (ii) in subparagraph (B), by inserting ``14 
                      calendar day'' before ``deadline''; and
                    (C) in paragraph (3)(A), in the matter preceding 
                clause (i), by inserting ``and the Executive Director'' 
                after ``as applicable,'';
            (2) in subsection (b)--
                    (A) in paragraph (2)(A), by adding at the end the 
                following:
                          ``(iii) Projects other than covered 
                      projects.--
                                    ``(I) <<NOTE: Determination.>>  In 
                                general.--The Executive Director may 
                                direct a lead agency to create a 
                                specific entry on the Dashboard for a 
                                project that is not a covered project 
                                and is under review by the lead agency 
                                if the Executive Director determines 
                                that a Dashboard entry for that project 
                                is in the interest of transparency.
                                    ``(II) <<NOTE: Deadline.>>  
                                Requirements.--Not later than 14 days 
                                after the date on which the Executive 
                                Director directs the lead agency to 
                                create a specific entry on the Dashboard 
                                for a project described in subclause 
                                (I), the lead agency shall create and 
                                maintain a specific entry on the 
                                Dashboard for the project that 
                                contains--
                                            ``(aa) a comprehensive 
                                        permitting timetable, as 
                                        described in subsection 
                                        (c)(2)(A);
                                            ``(bb) the status of the 
                                        compliance of each lead agency, 
                                        cooperating agency, and 
                                        participating agency with the 
                                        permitting timetable required 
                                        under item (aa);
                                            ``(cc) any modifications of 
                                        the permitting timetable 
                                        required under item (aa), 
                                        including an explanation as to 
                                        why the permitting timetable was 
                                        modified; and
                                            ``(dd) information about 
                                        project-related public meetings, 
                                        public hearings, and public 
                                        comment periods, which shall be 
                                        presented in English and the 
                                        predominant language of the 
                                        community or communities most 
                                        affected by the project, as that 
                                        information becomes 
                                        available.''; and
                    (B) in paragraph (3)(A)--
                          (i) in clause (i)--
                                    (I) in subclause (IV), by striking 
                                ``and'' at the end;
                                    (II) by redesignating subclause (V) 
                                as subclause (VI);
                                    (III) by inserting after subclause 
                                (IV) the following:

[[Page 135 STAT. 1291]]

                                    ``(V) information on the status of 
                                mitigation measures that were agreed to 
                                as part of the environmental review and 
                                permitting process, including whether 
                                and when the mitigation measures have 
                                been fully implemented; and''; and
                                    (IV) in subclause (VI) (as so 
                                redesignated), by striking ``and'' at 
                                the end;
                          (ii) in clause (ii), by striking the period at 
                      the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(iii) information about project-related 
                      public meetings, public hearings, and public 
                      comment periods, which shall be presented in 
                      English and the predominant language of the 
                      community or communities most affected by the 
                      project, as that information becomes available.''; 
                      and
            (3) in subsection (c)(2)--
                    (A) in subparagraph (A), strike ``coordination'' and 
                insert ``coordinated'';
                    (B) in subparagraph (D)(i)--
                          (i) by redesignating subclauses (I) through 
                      (III) as subclauses (II) through (IV), 
                      respectively;
                          (ii) by inserting before subclause (II) (as so 
                      redesignated) the following:
                                    ``(I) the facilitating or lead 
                                agency, as applicable, consults with the 
                                Executive Director regarding the 
                                potential modification not less than 15 
                                days before engaging in the consultation 
                                under subclause (II);''; and
                          (iii) in subclause (II) (as so redesignated), 
                      by inserting ``, the Executive Director,'' after 
                      ``participating agencies''; and
                    (C) in subparagraph (F)--
                          (i) in clause (i)--
                                    (I) by inserting ``intermediate and 
                                final'' before ``completion dates''; and
                                    (II) by inserting ``intermediate or 
                                final'' before ``completion date''; and
                          (ii) in clause (ii)--
                                    (I) in the matter preceding 
                                subclause (I), by striking ``a 
                                completion date for agency action on a 
                                covered project or is at significant 
                                risk of failing to conform with'' and 
                                inserting ``an intermediate or final 
                                completion date for agency action on a 
                                covered project or reasonably believes 
                                the agency will fail to conform with a 
                                completion date 30 days before''; and
                                    (II) in subclause (I), by striking 
                                ``significantly risking failing to 
                                conform'' and inserting ``reasonably 
                                believing the agency will fail to 
                                conform''.

    (d) Coordination of Required Reviews.--Section 41005 of the FAST Act 
(42 U.S.C. 4370m-4) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:

[[Page 135 STAT. 1292]]

            ``(3) where an environmental impact statement is required 
        for a project, prepare a single, joint interagency environmental 
        impact statement for the project unless the lead agency provides 
        justification in the coordinated project plan that multiple 
        environmental documents are more efficient for project review 
        and authorization.'';
            (2) in subsection (b)--
                    (A) by striking ``(1) State environmental documents; 
                supplemental documents.--'';
                    (B) by redesignating subparagraphs (A) through (E) 
                as paragraphs (1) through (5), respectively, and 
                indenting appropriately;
                    (C) in paragraph (1) (as so redesignated)--
                          (i) by redesignating clauses (i) and (ii) as 
                      subparagraphs (A) and (B), respectively, and 
                      indenting appropriately; and
                          (ii) in subparagraph (A) (as so 
                      redesignated)--
                                    (I) by striking ``State laws and 
                                procedures'' and inserting ``the laws 
                                and procedures of a State or Indian 
                                Tribe (as defined in section 102 of the 
                                Federally Recognized Indian Tribe List 
                                Act of 1994 (25 U.S.C. 5130))''; and
                                    (II) by inserting ``developed 
                                pursuant to laws and procedures of that 
                                State or Indian Tribe (as so defined) 
                                that are of equal or greater rigor to 
                                each applicable Federal law and 
                                procedure, and'' after ``Council on 
                                Environmental Quality,'';
                    (D) in paragraph (2) (as so redesignated), by 
                striking ``subparagraph (A)'' each place it appears and 
                inserting ``paragraph (1)'';
                    (E) in paragraph (3) (as so redesignated)--
                          (i) in the matter preceding clause (i), by 
                      striking ``subparagraph (A)'' and inserting 
                      ``paragraph (1)''; and
                          (ii) by redesignating clauses (i) and (ii) as 
                      subparagraphs (A) and (B), respectively, and 
                      indenting appropriately;
                    (F) in paragraph (4) (as so redesignated)--
                          (i) in the matter preceding clause (i), by 
                      striking ``subparagraph (C)'' and inserting 
                      ``paragraph (3)''; and
                          (ii) by redesignating clauses (i) and (ii) as 
                      subparagraphs (A) and (B), respectively, and 
                      indenting appropriately; and
                    (G) in paragraph (5) (as so redesignated)--
                          (i) by striking ``subparagraph (A)'' and 
                      inserting ``paragraph (1)''; and
                          (ii) by striking ``subparagraph (C)'' and 
                      inserting ``paragraph (3)'';
            (3) in subsection (c)(4)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``determines that the development of the higher 
                level of detail will not prevent--'' and inserting 
                ``determines that--'';
                    (B) in subparagraph (A), by inserting ``the 
                development of the higher level of detail will not 
                prevent'' before ``the lead agency''; and
                    (C) by striking subparagraph (B) and inserting the 
                following:

[[Page 135 STAT. 1293]]

                    ``(B) the preferred and other alternatives are 
                developed in sufficient detail to enable the public to 
                comment on the alternatives.'';
            (4) by redesignating subsection (f) as subsection (g); and
            (5) by inserting after subsection (e) the following:

    ``(f) <<NOTE: Deadline.>>  Record of Decision.--When an 
environmental impact statement is prepared, Federal agencies must, to 
the maximum extent practicable, issue a record of decision not later 
than 90 days after the date on which the final environmental impact 
statement is issued.''.

    (e) Litigation, Judicial Review, and Savings Provision.--Section 
41007 of the FAST Act (42 U.S.C. 4370m-6) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A)--
                          (i) by striking ``the action'' and inserting 
                      ``the claim''; and
                          (ii) by striking ``of the final record of 
                      decision or approval or denial of a permit'' and 
                      inserting ``of notice of final agency action on 
                      the authorization''; and
                    (B) in subparagraph (B)(i), by striking ``the 
                action'' and inserting ``the claim''; and
            (2) in subsection (e), in the matter preceding paragraph 
        (1), by striking ``this section'' and inserting ``this title''.

    (f) Reports.--Section 41008 of the FAST Act (42 U.S.C. 4370m-7) is 
amended by striking subsection (a) and inserting the following:
    ``(a) Reports to Congress.--
            ``(1) Executive director annual report.--
                    ``(A) <<NOTE: Effective date.>>  In general.--Not 
                later than April 15 of each year for 10 years beginning 
                on the date of enactment of the Infrastructure 
                Investment and Jobs Act, the Executive Director shall 
                submit to Congress a report detailing the progress 
                accomplished under this title during the previous fiscal 
                year.
                    ``(B) Opportunity to include comments.--Each 
                councilmember, with input from the respective agency 
                CERPO, shall have the opportunity to include comments 
                concerning the performance of the agency in the report 
                described in subparagraph (A).
            ``(2) Quarterly agency performance report.--The Executive 
        Director shall submit to Congress a quarterly report evaluating 
        agency compliance with the provisions of this title, which shall 
        include a description of the implementation and adherence of 
        each agency to the coordinated project plan and permitting 
        timetable requirements under section 41003(c).
            ``(3) <<NOTE: Assessment.>>  Agency best practices report.--
        Not later than April 15 of each year, each participating agency 
        and lead agency shall submit to Congress and the Director of the 
        Office of Management and Budget a report assessing the 
        performance of the agency in implementing the best practices 
        described in section 41002(c)(2)(B).''.

    (g) Funding for Governance, Oversight, and Processing of 
Environmental Reviews and Permits.--Section 41009 of the FAST Act (42 
U.S.C. 4370m-8) is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) <<NOTE: Consultation. Regulations. Reimbursement.>>  In 
General.--For the purpose of carrying out this title, the Executive 
Director, in consultation with the heads of the agencies listed in 
section 41002(b)(2)(B) and with the guidance of the

[[Page 135 STAT. 1294]]

Director of the Office of Management and Budget, may, after public 
notice and opportunity for comment, issue regulations establishing a fee 
structure for sponsors of covered projects to reimburse the United 
States for reasonable costs incurred in conducting environmental reviews 
and authorizations for covered projects.'';
            (2) in subsection (b), by striking ``and 41003'' and 
        inserting ``through 41008''; and
            (3) in subsection (d)--
                    (A) in the subsection heading, by striking ``and 
                Permitting''; and
                    (B) by striking paragraphs (2) and (3) and inserting 
                the following:
            ``(2) Availability.--Amounts in the Fund shall be available 
        to the Executive Director, without fiscal year limitation, 
        solely for the purposes of administering, implementing, and 
        enforcing this title, including the expenses of the Council, 
        staffing of the Office of the Executive Director, and support of 
        the role of the Council as a Federal center for permitting 
        excellence, which may include supporting interagency detailee 
        and rotation opportunities, advanced training, enhanced support 
        for agency project managers, and fora for sharing information 
        and lessons learned.
            ``(3) Transfer.--For the purpose of carrying out this title, 
        the Executive Director, with the approval of the Director of the 
        Office of Management and Budget, may transfer amounts in the 
        Fund to other Federal agencies and State, Tribal, and local 
        governments to facilitate timely and efficient environmental 
        reviews and authorizations for covered projects and other 
        projects under this title, including direct reimbursement 
        agreements with agency CERPOs, reimbursable agreements, and 
        approval and consultation processes and staff for covered 
        projects.''.

    (h) <<NOTE: Repeal.>>  Sunset.--Section 41013 of the FAST Act (42 
U.S.C. 4370m-12) is repealed.

    (i) Technical Correction.--Section 41002(b)(2)(A)(ii) of the FAST 
Act (42 U.S.C. 4370m-1(b)(2)(A)(ii)) is amended by striking 
``councilmem-ber'' and inserting ``councilmember''.
    (j) Clerical Amendment.--The table of contents in section 1(b) of 
the FAST Act (Public Law 114-94; 129 Stat. 1319) is amended by striking 
the item relating to section 41002 and inserting the following:

``Sec. 41002. Federal Permitting Improvement Steering Council.''.

                  TITLE IX--BUILD AMERICA, BUY AMERICA

 Subtitle <<NOTE: Build America, Buy America Act.>>  A--Build America, 
Buy America
SEC. 70901. <<NOTE: 41 USC 8301 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Build America, Buy America 
Act''.

[[Page 135 STAT. 1295]]

                PART I--BUY AMERICA SOURCING REQUIREMENTS

SEC. 70911. FINDINGS.

    Congress finds that--
            (1) the United States must make significant investments to 
        install, upgrade, or replace the public works infrastructure of 
        the United States;
            (2) with respect to investments in the infrastructure of the 
        United States, taxpayers expect that their public works 
        infrastructure will be produced in the United States by American 
        workers;
            (3) United States taxpayer dollars invested in public 
        infrastructure should not be used to reward companies that have 
        moved their operations, investment dollars, and jobs to foreign 
        countries or foreign factories, particularly those that do not 
        share or openly flout the commitments of the United States to 
        environmental, worker, and workplace safety protections;
            (4) in procuring materials for public works projects, 
        entities using taxpayer-financed Federal assistance should give 
        a commonsense procurement preference for the materials and 
        products produced by companies and workers in the United States 
        in accordance with the high ideals embodied in the 
        environmental, worker, workplace safety, and other regulatory 
        requirements of the United States;
            (5) common construction materials used in public works 
        infrastructure projects, including steel, iron, manufactured 
        products, non-ferrous metals, plastic and polymer-based products 
        (including polyvinylchloride, composite building materials, and 
        polymers used in fiber optic cables), glass (including optic 
        glass), lumber, and drywall are not adequately covered by a 
        domestic content procurement preference, thus limiting the 
        impact of taxpayer purchases to enhance supply chains in the 
        United States;
            (6) the benefits of domestic content procurement preferences 
        extend beyond economics;
            (7) by incentivizing domestic manufacturing, domestic 
        content procurement preferences reinvest tax dollars in 
        companies and processes using the highest labor and 
        environmental standards in the world;
            (8) strong domestic content procurement preference policies 
        act to prevent shifts in production to countries that rely on 
        production practices that are significantly less energy 
        efficient and far more polluting than those in the United 
        States;
            (9) for over 75 years, Buy America and other domestic 
        content procurement preference laws have been part of the United 
        States procurement policy, ensuring that the United States can 
        build and rebuild the infrastructure of the United States with 
        high-quality American-made materials;
            (10) before the date of enactment of this Act, a domestic 
        content procurement preference requirement may not apply, may 
        apply only to a narrow scope of products and materials, or may 
        be limited by waiver with respect to many infrastructure 
        programs, which necessitates a review of such programs, 
        including programs for roads, highways, and bridges, public

[[Page 135 STAT. 1296]]

        transportation, dams, ports, harbors, and other maritime 
        facilities, intercity passenger and freight railroads, freight 
        and intermodal facilities, airports, water systems, including 
        drinking water and wastewater systems, electrical transmission 
        facilities and systems, utilities, broadband infrastructure, and 
        buildings and real property;
            (11) Buy America laws create demand for domestically 
        produced goods, helping to sustain and grow domestic 
        manufacturing and the millions of jobs domestic manufacturing 
        supports throughout product supply chains;
            (12) as of the date of enactment of this Act, domestic 
        content procurement preference policies apply to all Federal 
        Government procurement and to various Federal-aid infrastructure 
        programs;
            (13) a robust domestic manufacturing sector is a vital 
        component of the national security of the United States;
            (14) as more manufacturing operations of the United States 
        have moved offshore, the strength and readiness of the defense 
        industrial base of the United States has been diminished; and
            (15) domestic content procurement preference laws--
                    (A) are fully consistent with the international 
                obligations of the United States; and
                    (B) together with the government procurements to 
                which the laws apply, are important levers for ensuring 
                that United States manufacturers can access the 
                government procurement markets of the trading partners 
                of the United States.
SEC. 70912. DEFINITIONS.

    In this part:
            (1) Deficient program.--The term ``deficient program'' means 
        a program identified by the head of a Federal agency under 
        section 70913(c).
            (2) Domestic content procurement preference.--The term 
        ``domestic content procurement preference'' means a requirement 
        that no amounts made available through a program for Federal 
        financial assistance may be obligated for a project unless--
                    (A) all iron and steel used in the project are 
                produced in the United States;
                    (B) the manufactured products used in the project 
                are produced in the United States; or
                    (C) the construction materials used in the project 
                are produced in the United States.
            (3) Federal agency.--The term ``Federal agency'' means any 
        authority of the United States that is an ``agency'' (as defined 
        in section 3502 of title 44, United States Code), other than an 
        independent regulatory agency (as defined in that section).
            (4) Federal financial assistance.--
                    (A) In general.--The term ``Federal financial 
                assistance'' has the meaning given the term in section 
                200.1 of title 2, Code of Federal Regulations (or 
                successor regulations).
                    (B) Inclusion.--The term ``Federal financial 
                assistance'' includes all expenditures by a Federal 
                agency to a non-Federal entity for an infrastructure 
                project, except

[[Page 135 STAT. 1297]]

                that it does not include expenditures for assistance 
                authorized under section 402, 403, 404, 406, 408, or 502 
                of the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 
                5174, or 5192) relating to a major disaster or emergency 
                declared by the President under section 401 or 501, 
                respectively, of such Act (42 U.S.C. 5170, 5191) or pre 
                and post disaster or emergency response expenditures.
            (5) Infrastructure.--The term ``infrastructure'' includes, 
        at a minimum, the structures, facilities, and equipment for, in 
        the United States--
                    (A) roads, highways, and bridges;
                    (B) public transportation;
                    (C) dams, ports, harbors, and other maritime 
                facilities;
                    (D) intercity passenger and freight railroads;
                    (E) freight and intermodal facilities;
                    (F) airports;
                    (G) water systems, including drinking water and 
                wastewater systems;
                    (H) electrical transmission facilities and systems;
                    (I) utilities;
                    (J) broadband infrastructure; and
                    (K) buildings and real property.
            (6) Produced in the united states.--The term ``produced in 
        the United States'' means--
                    (A) in the case of iron or steel products, that all 
                manufacturing processes, from the initial melting stage 
                through the application of coatings, occurred in the 
                United States;
                    (B) in the case of manufactured products, that--
                          (i) the manufactured product was manufactured 
                      in the United States; and
                          (ii) the cost of the components of the 
                      manufactured product that are mined, produced, or 
                      manufactured in the United States is greater than 
                      55 percent of the total cost of all components of 
                      the manufactured product, unless another standard 
                      for determining the minimum amount of domestic 
                      content of the manufactured product has been 
                      established under applicable law or regulation; 
                      and
                    (C) in the case of construction materials, that all 
                manufacturing processes for the construction material 
                occurred in the United States.
            (7) Project.--The term ``project'' means the construction, 
        alteration, maintenance, or repair of infrastructure in the 
        United States.
SEC. 70913. IDENTIFICATION OF DEFICIENT PROGRAMS.

    (a) <<NOTE: Notice. Reports.>>  In General.--Not later than 60 days 
after the date of enactment of this Act, the head of each Federal agency 
shall--
            (1) submit to the Office of Management and Budget and to 
        Congress, including a separate notice to each appropriate 
        congressional committee, a report that identifies each Federal 
        financial assistance program for infrastructure administered by 
        the Federal agency; and
            (2) <<NOTE: Federal Register, publication.>>  publish in the 
        Federal Register the report under paragraph (1).

[[Page 135 STAT. 1298]]

    (b) Requirements.--In the report under subsection (a), the head of 
each Federal agency shall, for each Federal financial assistance 
program--
            (1) identify all domestic content procurement preferences 
        applicable to the Federal financial assistance;
            (2) <<NOTE: Assessment.>>  assess the applicability of the 
        domestic content procurement preference requirements, 
        including--
                    (A) section 313 of title 23, United States Code;
                    (B) section 5323(j) of title 49, United States Code;
                    (C) section 22905(a) of title 49, United States 
                Code;
                    (D) section 50101 of title 49, United States Code;
                    (E) section 603 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1388);
                    (F) section 1452(a)(4) of the Safe Drinking Water 
                Act (42 U.S.C. 300j-12(a)(4));
                    (G) section 5035 of the Water Infrastructure Finance 
                and Innovation Act of 2014 (33 U.S.C. 3914);
                    (H) any domestic content procurement preference 
                included in an appropriations Act; and
                    (I) any other domestic content procurement 
                preference in Federal law (including regulations);
            (3) provide details on any applicable domestic content 
        procurement preference requirement, including the purpose, 
        scope, applicability, and any exceptions and waivers issued 
        under the requirement; and
            (4) include a description of the type of infrastructure 
        projects that receive funding under the program, including 
        information relating to--
                    (A) the number of entities that are participating in 
                the program;
                    (B) the amount of Federal funds that are made 
                available for the program for each fiscal year; and
                    (C) <<NOTE: Determination.>>  any other information 
                the head of the Federal agency determines to be 
                relevant.

    (c) List of Deficient Programs.--In the report under subsection (a), 
the head of each Federal agency shall include a list of Federal 
financial assistance programs for infrastructure identified under that 
subsection for which a domestic content procurement preference 
requirement--
            (1) does not apply in a manner consistent with section 
        70914; or
            (2) is subject to a waiver of general applicability not 
        limited to the use of specific products for use in a specific 
        project.
SEC. 70914. APPLICATION OF BUY AMERICA PREFERENCE.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 180 days after 
the date of enactment of this Act, the head of each Federal agency shall 
ensure that none of the funds made available for a Federal financial 
assistance program for infrastructure, including each deficient program, 
may be obligated for a project unless all of the iron, steel, 
manufactured products, and construction materials used in the project 
are produced in the United States.

    (b) Waiver.--The head of a Federal agency that applies a domestic 
content procurement preference under this section may waive the 
application of that preference in any case in which the head of the 
Federal agency finds that--

[[Page 135 STAT. 1299]]

            (1) applying the domestic content procurement preference 
        would be inconsistent with the public interest;
            (2) types of iron, steel, manufactured products, or 
        construction materials are not produced in the United States in 
        sufficient and reasonably available quantities or of a 
        satisfactory quality; or
            (3) the inclusion of iron, steel, manufactured products, or 
        construction materials produced in the United States will 
        increase the cost of the overall project by more than 25 
        percent.

    (c) Written Justification.--Before issuing a waiver under subsection 
(b), the head of the Federal agency shall--
            (1) <<NOTE: Public information. Web 
        postings. Determination.>>  make publicly available in an easily 
        accessible location on a website designated by the Office of 
        Management and Budget and on the website of the Federal agency a 
        detailed written explanation for the proposed determination to 
        issue the waiver; and
            (2) <<NOTE: Time period. Public comment.>>  provide a period 
        of not less than 15 days for public comment on the proposed 
        waiver.

    (d) Review of Waivers of General Applicability.--
            (1) <<NOTE: Time period.>>  In general.--An existing general 
        applicability waiver or a general applicability waiver issued 
        under subsection (b) shall be reviewed every 5 years after the 
        date on which the waiver is issued.
            (2) <<NOTE: Federal Register, publication.>>  Review.--In 
        conducting a review of a general applicability waiver, the head 
        of a Federal agency shall--
                    (A) <<NOTE: Notice.>>  publish in the Federal 
                Register a notice that--
                          (i) describes the justification for a general 
                      applicability waiver; and
                          (ii) <<NOTE: Public comments. Time period.>>  
                      requests public comments for a period of not less 
                      than 30 days on the continued need for a general 
                      applicability waiver; and
                    (B) <<NOTE: Determination.>>  publish in the Federal 
                Register a determination on whether to continue or 
                discontinue the general applicability waiver, taking 
                into account the comments received in response to the 
                notice published under subparagraph (A).
            (3) Limitation on the review of existing waivers of general 
        applicability.--For a period <<NOTE: Time period. Effective 
        date.>>  of 5 years beginning on the date of enactment of this 
        Act, paragraphs (1) and (2) shall not apply to any product-
        specific general applicability waiver that was issued more than 
        180 days before the date of enactment of this Act.

    (e) <<NOTE: Applicability.>>  Consistency With International 
Agreements.--This section shall be applied in a manner consistent with 
United States obligations under international agreements.
SEC. 70915. OMB GUIDANCE AND STANDARDS.

    (a) Guidance.--The Director of the Office of Management and Budget 
shall--
            (1) issue guidance to the head of each Federal agency--
                    (A) to assist in identifying deficient programs 
                under section 70913(c); and
                    (B) to assist in applying new domestic content 
                procurement preferences under section 70914; and
            (2) if necessary, amend subtitle A of title 2, Code of 
        Federal Regulations (or successor regulations), to ensure that 
        domestic content procurement preference requirements required by 
        this

[[Page 135 STAT. 1300]]

        part or other Federal law are imposed through the terms and 
        conditions of awards of Federal financial assistance.

    (b) Standards for Construction Materials.--
            (1) <<NOTE: Standards.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Director of 
        the Office of Management and Budget shall issue standards that 
        define the term ``all manufacturing processes'' in the case of 
        construction materials.
            (2) Considerations.--In issuing standards under paragraph 
        (1), the Director shall--
                    (A) ensure that the standards require that each 
                manufacturing process required for the manufacture of 
                the construction material and the inputs of the 
                construction material occurs in the United States; and
                    (B) take into consideration and seek to maximize the 
                direct and indirect jobs benefited or created in the 
                production of the construction material.
SEC. 70916. TECHNICAL ASSISTANCE PARTNERSHIP AND CONSULTATION 
                            SUPPORTING DEPARTMENT OF 
                            TRANSPORTATION BUY AMERICA 
                            REQUIREMENTS.

    (a) Definitions.--In this section:
            (1) Buy america law.--The term ``Buy America law'' means--
                    (A) section 313 of title 23, United States Code;
                    (B) section 5323(j) of title 49, United States Code;
                    (C) section 22905(a) of title 49, United States 
                Code;
                    (D) section 50101 of title 49, United States Code; 
                and
                    (E) any other domestic content procurement 
                preference for an infrastructure project under the 
                jurisdiction of the Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

    (b) <<NOTE: Deadline.>>  Technical Assistance Partnership.--Not 
later than 90 days after the date of the enactment of this Act, the 
Secretary shall enter into a technical assistance partnership with the 
Secretary of Commerce, acting through the Director of the National 
Institute of Standards and Technology--
            (1) to ensure the development of a domestic supply base to 
        support intermodal transportation in the United States, such as 
        intercity high speed rail transportation, public transportation 
        systems, highway construction or reconstruction, airport 
        improvement projects, and other infrastructure projects under 
        the jurisdiction of the Secretary;
            (2) to ensure compliance with Buy America laws that apply to 
        a project that receives assistance from the Federal Highway 
        Administration, the Federal Transit Administration, the Federal 
        Railroad Administration, the Federal Aviation Administration, or 
        another office or modal administration of the Secretary of 
        Transportation;
            (3) to encourage technologies developed with the support of 
        and resources from the Secretary to be transitioned into 
        commercial market and applications; and
            (4) <<NOTE: Procedures. Consultation.>>  to establish 
        procedures for consultation under subsection (c).

    (c) Consultation.--Before granting a written waiver under a Buy 
America law, the Secretary shall consult with the Director

[[Page 135 STAT. 1301]]

of the Hollings Manufacturing Extension Partnership regarding whether 
there is a domestic entity that could provide the iron, steel, 
manufactured product, or construction material that is the subject of 
the proposed waiver.
    (d) Annual Report.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the Committee on Commerce, Science, and Transportation, the 
Committee on Banking, Housing, and Urban Affairs, the Committee on 
Environment and Public Works, and the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Transportation 
and Infrastructure and the Committee on Oversight and Reform of the 
House of Representatives a report that includes--
            (1) a detailed description of the consultation procedures 
        developed under subsection (b)(4);
            (2) a detailed description of each waiver requested under a 
        Buy America law in the preceding year that was subject to 
        consultation under subsection (c), and the results of the 
        consultation;
            (3) a detailed description of each waiver granted under a 
        Buy America law in the preceding year, including the type of 
        waiver and the reasoning for granting the waiver; and
            (4) <<NOTE: Update. Recommenda- tions.>>  an update on 
        challenges and gaps in the domestic supply base identified in 
        carrying out subsection (b)(1), including a list of actions and 
        policy changes the Secretary recommends be taken to address 
        those challenges and gaps.
SEC. 70917. APPLICATION.

    (a) In General.--This part shall apply to a Federal financial 
assistance program for infrastructure only to the extent that a domestic 
content procurement preference as described in section 70914 does not 
already apply to iron, steel, manufactured products, and construction 
materials.
    (b) Savings Provision.--Nothing in this part affects a domestic 
content procurement preference for a Federal financial assistance 
program for infrastructure that is in effect and that meets the 
requirements of section 70914.
    (c) Limitation With Respect to Aggregates.--In this part--
            (1) <<NOTE: Definition.>>  the term ``construction 
        materials'' shall not include cement and cementitious materials, 
        aggregates such as stone, sand, or gravel, or aggregate binding 
        agents or additives; and
            (2) the standards developed under section 70915(b)(1) shall 
        not include cement and cementitious materials, aggregates such 
        as stone, sand, or gravel, or aggregate binding agents or 
        additives as inputs of the construction material.

                       PART II--MAKE IT IN AMERICA

SEC. 70921. REGULATIONS RELATING TO BUY AMERICAN ACT.

    (a) <<NOTE: Deadline. Consultation.>>  In General.--Not later than 1 
year after the date of the enactment of this Act, the Director of the 
Office of Management and Budget (``Director''), acting through the 
Administrator for Federal Procurement Policy and, in consultation with 
the Federal Acquisition Regulatory Council, shall promulgate final 
regulations or other policy or management guidance, as appropriate, to 
standardize and simplify how Federal agencies comply with, report on,

[[Page 135 STAT. 1302]]

and enforce the Buy American Act. The regulations or other policy or 
management guidance shall include, at a minimum, the following:
            (1) <<NOTE: Determination.>>  Guidelines for Federal 
        agencies to determine, for the purposes of applying sections 
        8302(a) and 8303(b)(3) of title 41, United States Code, the 
        circumstances under which the acquisition of articles, 
        materials, or supplies mined, produced, or manufactured in the 
        United States is inconsistent with the public interest.
            (2) <<NOTE: Determination.>>  Guidelines to ensure Federal 
        agencies base determinations of non-availability on appropriate 
        considerations, including anticipated project delays and lack of 
        substitutable articles, materials, and supplies mined, produced, 
        or manufactured in the United States, when making determinations 
        of non-availability under section 8302(a)(1) of title 41, United 
        States Code.
            (3)(A) <<NOTE: Procedures. Public information. Web 
        posting. Time periods. Waiver.>>  Uniform procedures for each 
        Federal agency to make publicly available, in an easily 
        identifiable location on the website of the agency, and within 
        the following time periods, the following information:
                    (i) A written description of the circumstances in 
                which the head of the agency may waive the requirements 
                of the Buy American Act.
                    (ii) Each waiver made by the head of the agency 
                within 30 days after making such waiver, including a 
                justification with sufficient detail to explain the 
                basis for the waiver.
            (B) <<NOTE: Consultation.>>  The procedures established 
        under this paragraph shall ensure that the head of an agency, in 
        consultation with the head of the Made in America Office 
        established under section 70923(a), may limit the publication of 
        classified information, trade secrets, or other information that 
        could damage the United States.
            (4) Guidelines for Federal agencies to ensure that a project 
        is not disaggregated for purposes of avoiding the applicability 
        of the requirements under the Buy American Act.
            (5) An increase to the price preferences for domestic end 
        products and domestic construction materials.
            (6) Amending the definitions of ``domestic end product'' and 
        ``domestic construction material'' to ensure that iron and steel 
        products are, to the greatest extent possible, made with 
        domestic components.

    (b) Guidelines Relating to Waivers.--
            (1) Inconsistency with public interest.--
                    (A) <<NOTE: Contracts.>>  In general.--With respect 
                to the guidelines developed under subsection (a)(1), the 
                Administrator shall seek to minimize waivers related to 
                contract awards that--
                          (i) result in a decrease in employment in the 
                      United States, including employment among entities 
                      that manufacture the articles, materials, or 
                      supplies; or
                          (ii) result in awarding a contract that would 
                      decrease domestic employment.
                    (B) Covered employment.--For purposes of 
                subparagraph (A), employment refers to positions 
                directly involved in the manufacture of articles, 
                materials, or supplies, and does not include positions 
                related to management, research and development, or 
                engineering and design.

[[Page 135 STAT. 1303]]

            (2) Assessment on use of dumped or subsidized foreign 
        products.--
                    (A) In general.--To the extent otherwise permitted 
                by law, before granting a waiver in the public interest 
                to the guidelines developed under subsection (a)(1) with 
                respect to a product sourced from a foreign country, a 
                Federal agency shall assess whether a significant 
                portion of the cost advantage of the product is the 
                result of the use of dumped steel, iron, or manufactured 
                goods or the use of injuriously subsidized steel, iron, 
                or manufactured goods.
                    (B) Consultation.--The Federal agency conducting the 
                assessment under subparagraph (A) shall consult with the 
                International Trade Administration in making the 
                assessment if the agency considers such consultation to 
                be helpful.
                    (C) Use of findings.--The Federal agency conducting 
                the assessment under subparagraph (A) shall integrate 
                any findings from the assessment into its waiver 
                determination.

    (c) Sense of Congress on Increasing Domestic Content Requirements.--
It is the sense of Congress that the Federal Acquisition Regulatory 
Council should amend the Federal Acquisition Regulation to increase the 
domestic content requirements for domestic end products and domestic 
construction material to 75 percent, or, in the event of no qualifying 
offers, 60 percent.
    (d) Definition of End Product Manufactured in the United States.--
Not later than 1 year <<NOTE: Deadline.>>  after the date of the 
enactment of this Act, the Federal Acquisition Regulatory Council shall 
amend part 25 of the Federal Acquisition Regulation to provide a 
definition for ``end product manufactured in the United States,'' 
including guidelines to ensure that manufacturing processes involved in 
production of the end product occur domestically.
SEC. 70922. AMENDMENTS RELATING TO BUY AMERICAN ACT.

    (a) Special Rules Relating to American Materials Required for Public 
Use.--Section 8302 of title 41, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) <<NOTE: Applicability.>>  Special Rules.--The following rules 
apply in carrying out the provisions of subsection (a):
            ``(1) Iron and steel manufactured in the united states.--For 
        purposes of this section, manufactured articles, materials, and 
        supplies of iron and steel are deemed manufactured in the United 
        States only if all manufacturing processes involved in the 
        production of such iron and steel, from the initial melting 
        stage through the application of coatings, occurs in the United 
        States.
            ``(2) Limitation on exception for commercially available 
        off-the-shelf items.--Notwithstanding any law or regulation to 
        the contrary, including section 1907 of this title and the 
        Federal Acquisition Regulation, the requirements of this section 
        apply to all iron and steel articles, materials, and 
        supplies.''.

    (b) Production of Iron and Steel for Purposes of Contracts for 
Public Works.--Section 8303 of title 41, United States Code, is 
amended--
            (1) by redesignating subsection (c) as subsection (d); and

[[Page 135 STAT. 1304]]

            (2) by inserting after subsection (b) the following new 
        subsection:

    ``(c) Special Rules.--
            ``(1) Production of iron and steel.--For purposes of this 
        section, manufactured articles, materials, and supplies of iron 
        and steel are deemed manufactured in the United States only if 
        all manufacturing processes involved in the production of such 
        iron and steel, from the initial melting stage through the 
        application of coatings, occurs in the United States.
            ``(2) Limitation on exception for commercially available 
        off-the-shelf items.--Notwithstanding any 
        law <<NOTE: Applicability.>>  or regulation to the contrary, 
        including section 1907 of this title and the Federal Acquisition 
        Regulation, the requirements of this section apply to all iron 
        and steel articles, materials, and supplies used in contracts 
        described in subsection (a).''.

    (c) Annual Report.--Subsection (b) of section 8302 of title 41, 
United States Code, is amended to read as follows:
    ``(b) Reports.--
            ``(1) <<NOTE: Time period. Consultation.>>  In general.--Not 
        later than 180 days after the end of the fiscal year during 
        which the Build America, Buy America Act is enacted, and 
        annually thereafter for 4 years, the Director of the Office of 
        Management and Budget, in consultation with the Administrator of 
        General Services, shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Oversight and Reform of the House of 
        Representatives a report on the total amount of acquisitions 
        made by Federal agencies in the relevant fiscal year of 
        articles, materials, or supplies acquired from entities that 
        mine, produce, or manufacture the articles, materials, or 
        supplies outside the United States.
            ``(2) Exception for intelligence community.--This subsection 
        does not apply to acquisitions made by an agency, or component 
        of an agency, that is an element of the intelligence community 
        as specified in, or designated under, section 3 of the National 
        Security Act of 1947 (50 U.S.C. 3003).''.

    (d) Definition.--Section 8301 of title 41, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(3) Federal agency.--The term `Federal agency' has the 
        meaning given the term `executive agency' in section 133 of this 
        title.''.

    (e) Conforming Amendments.--Title 41, United States Code, is 
amended--
            (1) in section 8302(a)--
                    (A) in paragraph (1)--
                          (i) by striking ``department or independent 
                      establishment'' and inserting ``Federal agency''; 
                      and
                          (ii) by striking ``their acquisition to be 
                      inconsistent with the public interest or their 
                      cost to be unreasonable'' and inserting ``their 
                      acquisition to be inconsistent with the public 
                      interest, their cost to be unreasonable, or that 
                      the articles, materials, or supplies of the class 
                      or kind to be used, or the articles, materials, or 
                      supplies from which they are manufactured, are not 
                      mined, produced, or manufactured in the United 
                      States in sufficient and reasonably available 
                      commercial quantities and of a satisfactory 
                      quality''; and

[[Page 135 STAT. 1305]]

                    (B) in paragraph (2), by amending subparagraph (B) 
                to read as follows:
                    ``(B) to any articles, materials, or supplies 
                procured pursuant to a reciprocal defense procurement 
                memorandum of understanding (as described in section 
                8304 of this title), or a trade agreement or least 
                developed country designation described in subpart 
                25.400 of the Federal Acquisition Regulation; and''; and
            (2) in section 8303--
                    (A) in subsection (b)--
                          (i) by striking ``department or independent 
                      establishment'' each place it appears and 
                      inserting ``Federal agency'';
                          (ii) by amending subparagraph (B) of paragraph 
                      (1) to read as follows:
                    ``(B) to any articles, materials, or supplies 
                procured pursuant to a reciprocal defense procurement 
                memorandum of understanding (as described in section 
                8304), or a trade agreement or least developed country 
                designation described in subpart 25.400 of the Federal 
                Acquisition Regulation; and''; and
                          (iii) in paragraph (3)--
                                    (I) in the heading, by striking 
                                ``Inconsistent with public interest'' 
                                and inserting ``Waiver authority''; and
                                    (II) by striking ``their purchase to 
                                be inconsistent with the public interest 
                                or their cost to be unreasonable'' and 
                                inserting ``their acquisition to be 
                                inconsistent with the public interest, 
                                their cost to be unreasonable, or that 
                                the articles, materials, or supplies of 
                                the class or kind to be used, or the 
                                articles, materials, or supplies from 
                                which they are manufactured, are not 
                                mined, produced, or manufactured in the 
                                United States in sufficient and 
                                reasonably available commercial 
                                quantities and of a satisfactory 
                                quality''; and
                    (B) in subsection (d), as redesignated by subsection 
                (b)(1) of this section, by striking ``department, 
                bureau, agency, or independent establishment'' each 
                place it appears and inserting ``Federal agency''.

    (f) Exclusion From Inflation Adjustment of Acquisition-Related 
Dollar Thresholds.--Subparagraph (A) of section 1908(b)(2) of title 41, 
United States Code, is amended by striking ``chapter 67'' and inserting 
``chapters 67 and 83''.
SEC. 70923. MADE IN AMERICA OFFICE.

    (a) <<NOTE: Appointment.>>  Establishment.--The Director of the 
Office of Management and Budget shall establish within the Office of 
Management and Budget an office to be known as the ``Made in America 
Office''. The head of the office shall be appointed by the Director of 
the Office of Management and Budget (in this section referred to as the 
``Made in America Director'').

    (b) Duties.--The Made in America Director shall have the following 
duties:
            (1) Maximize and enforce compliance with domestic preference 
        statutes.

[[Page 135 STAT. 1306]]

            (2) Develop and implement procedures to review waiver 
        requests or inapplicability requests related to domestic 
        preference statutes.
            (3) Prepare the reports required under subsections (c) and 
        (e).
            (4) Ensure that Federal contracting personnel, financial 
        assistance personnel, and non-Federal recipients are regularly 
        trained on obligations under the Buy American Act and other 
        agency-specific domestic preference statutes.
            (5) Conduct the review of reciprocal defense agreements 
        required under subsection (d).
            (6) Ensure that Federal agencies, Federal financial 
        assistance recipients, and the Hollings Manufacturing Extension 
        Partnership partner with each other to promote compliance with 
        domestic preference statutes.
            (7) Support executive branch efforts to develop and sustain 
        a domestic supply base to meet Federal procurement requirements.

    (c) <<NOTE: Time period.>>  Office of Management and Budget 
Report.--Not later than 1 year after the date of the enactment of this 
Act, the Director of the Office of Management and Budget, working 
through the Made in America Director, shall report to the relevant 
congressional committees on the extent to which, in each of the three 
fiscal years prior to the date of enactment of this Act, articles, 
materials, or supplies acquired by the Federal Government were mined, 
produced, or manufactured outside the United States. Such report shall 
include for each Federal agency the following:
            (1) <<NOTE: Summary.>>  A summary of total procurement funds 
        expended on articles, materials, and supplies mined, produced, 
        or manufactured--
                    (A) inside the United States;
                    (B) outside the United States; and
                    (C) outside the United States--
                          (i) under each category of waiver under the 
                      Buy American Act;
                          (ii) under each category of exception under 
                      such chapter; and
                          (iii) for each country that mined, produced, 
                      or manufactured such articles, materials, and 
                      supplies.
            (2) For each fiscal year covered by the report--
                    (A) the dollar value of any articles, materials, or 
                supplies that were mined, produced, or manufactured 
                outside the United States, in the aggregate and by 
                country;
                    (B) <<NOTE: List. Waivers.>>  an itemized list of 
                all waivers made under the Buy American Act with respect 
                to articles, materials, or supplies, where available, 
                and the country where such articles, materials, or 
                supplies were mined, produced, or manufactured;
                    (C) if any articles, materials, or supplies were 
                acquired from entities that mine, produce, or 
                manufacture such articles, materials, or supplies 
                outside the United States due to an exception (that is 
                not the micro-purchase threshold exception described 
                under section 8302(a)(2)(C) of title 41, United States 
                Code), the specific exception that was used to purchase 
                such articles, materials, or supplies; and

[[Page 135 STAT. 1307]]

                    (D) if any articles, materials, or supplies were 
                acquired from entities that mine, produce, or 
                manufacture such articles, materials, or supplies 
                outside the United States pursuant to a reciprocal 
                defense procurement memorandum of understanding (as 
                described in section 8304 of title 41, United States 
                Code), or a trade agreement or least developed country 
                designation described in subpart 25.400 of the Federal 
                Acquisition Regulation, a citation to such memorandum of 
                understanding, trade agreement, or designation.
            (3) A description of the methods used by each Federal agency 
        to calculate the percentage domestic content of articles, 
        materials, and supplies mined, produced, or manufactured in the 
        United States.

    (d) <<NOTE: Contracts. Reports. Deadline. Determination.>>  Review 
of Reciprocal Defense Agreements.--
            (1) Review of process.--Not later than 180 days after the 
        date of the enactment of this Act, the Made in America Director 
        shall review the Department of Defense's use of reciprocal 
        defense agreements to determine if domestic entities have equal 
        and proportional access and report the findings of the review to 
        the Director of the Office of Management and Budget, the 
        Secretary of Defense, and the Secretary of State.
            (2) Review of reciprocal procurement memoranda of 
        understanding.--The Made in America 
        Director <<NOTE: Assessment.>>  shall review reciprocal 
        procurement memoranda of understanding entered into after the 
        date of the enactment of this Act between the Department of 
        Defense and its counterparts in foreign governments to assess 
        whether domestic entities will have equal and proportional 
        access under the memoranda of understanding and report the 
        findings of the review to the Director of the Office of 
        Management and Budget, the Secretary of Defense, and the 
        Secretary of State.

    (e) <<NOTE: Summary.>>  Report on Use of Made in America Laws.--The 
Made in America Director shall submit to the relevant congressional 
committees a summary of each report on the use of Made in America Laws 
received by the Made in America Director pursuant to section 11 of 
Executive Order 14005, dated January 25, 2021 (relating to ensuring the 
future is made in all of America by all of America's workers) not later 
than 90 days after the date of the enactment of this Act or receipt of 
the reports required under section 11 of such Executive Order, whichever 
is later.

    (f) Domestic Preference Statute Defined.--In this section, the term 
``domestic preference statute'' means any of the following:
            (1) the Buy American Act;
            (2) a Buy America law (as that term is defined in section 
        70916(a));
            (3) the Berry Amendment;
            (4) section 604 of the American Recovery and Reinvestment 
        Act of 2009 (6 U.S.C. 453b) (commonly referred to as the 
        ``Kissell amendment'');
            (5) section 2533b of title 10 (commonly referred to as the 
        ``specialty metals clause'');
            (6) laws requiring domestic preference for maritime 
        transport, including the Merchant Marine Act, 1920 (Public Law 
        66-261), commonly known as the ``Jones Act''; and
            (7) any other law, regulation, rule, or executive order 
        relating to Federal financial assistance awards or Federal

[[Page 135 STAT. 1308]]

        procurement, that requires, or provides a preference for, the 
        purchase or acquisition of goods, products, or materials 
        produced in the United States, including iron, steel, 
        construction material, and manufactured goods offered in the 
        United States.
SEC. 70924. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP 
                            ACTIVITIES.

    (a) Use of Hollings Manufacturing Extension Partnership to Refer New 
Businesses to Contracting Opportunities.--The head of each Federal 
agency shall work with the Director of the Hollings Manufacturing 
Extension Partnership, as necessary, to ensure businesses participating 
in this Partnership are aware of their contracting opportunities.
    (b) Automatic Enrollment in GSA Advantage!.--The Administrator of 
the General Services Administration and the Secretary of Commerce, 
acting through the Under Secretary of Commerce for Standards and 
Technology, shall jointly ensure that each business that participates in 
the Hollings Manufacturing Extension Partnership is automatically 
enrolled in General Services Administration Advantage!.
SEC. 70925. <<NOTE: Applicability.>>  UNITED STATES OBLIGATIONS 
                            UNDER INTERNATIONAL AGREEMENTS.

    This part, and the amendments made by this part, shall be applied in 
a manner consistent with United States obligations under international 
agreements.
SEC. 70926. DEFINITIONS.

    In this part:
            (1) Berry amendment.--The term ``Berry Amendment'' means 
        section 2533a of title 10, United States Code.
            (2) Buy american act.--The term ``Buy American Act'' means 
        chapter 83 of title 41, United States Code.
            (3) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``executive agency'' in section 133 of 
        title 41, United States Code.
            (4) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Commerce, 
                Science, and Transportation, the Committee on 
                Environment and Public Works, the Committee on Banking, 
                Housing, and Urban Affairs, and the Committee on Armed 
                Services of the Senate; and
                    (B) the Committee on Oversight and Reform, the 
                Committee on Armed Services, and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives.
            (5) <<NOTE: Determinations.>>  Waiver.--The term ``waiver'', 
        with respect to the acquisition of an article, material, or 
        supply for public use, means the inapplicability of chapter 83 
        of title 41, United States Code, to the acquisition by reason of 
        any of the following determinations under section 8302(a)(1) or 
        8303(b) of such title:
                    (A) A determination by the head of the Federal 
                agency concerned that the acquisition is inconsistent 
                with the public interest.
                    (B) A determination by the head of the Federal 
                agency concerned that the cost of the acquisition is 
                unreasonable.

[[Page 135 STAT. 1309]]

                    (C) A determination by the head of the Federal 
                agency concerned that the article, material, or supply 
                is not mined, produced, or manufactured in the United 
                States in sufficient and reasonably available commercial 
                quantities of a satisfactory quality.
SEC. 70927. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.

    (a) Specialty Metals Clause Reference.--Section 70923(f)(5) is 
amended by striking ``section 2533b'' and inserting ``section 4863''.
    (b) Berry Amendment Reference.--Section 70926(1) is amended by 
striking ``section 2533a'' and inserting ``section 4862''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2022.

Subtitle <<NOTE: BuyAmerican.gov Act of 2021.>>  B--BuyAmerican.gov
SEC. 70931. SHORT TITLE.

    This subtitle may be cited as the ``BuyAmerican.gov Act of 2021''.
SEC. 70932. DEFINITIONS.

    In this subtitle:
            (1) Buy american law.--The term ``Buy American law'' means 
        any law, regulation, Executive order, or rule relating to 
        Federal contracts, grants, or financial assistance that requires 
        or provides a preference for the purchase or use of goods, 
        products, or materials mined, produced, or manufactured in the 
        United States, including--
                    (A) chapter 83 of title 41, United States Code 
                (commonly referred to as the ``Buy American Act'');
                    (B) section 5323(j) of title 49, United States Code;
                    (C) section 313 of title 23, United States Code;
                    (D) section 50101 of title 49, United States Code;
                    (E) section 24405 of title 49, United States Code;
                    (F) section 608 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1388);
                    (G) section 1452(a)(4) of the Safe Drinking Water 
                Act (42 U.S.C. 300j-12(a)(4));
                    (H) section 5035 of the Water Resources Reform and 
                Development Act of 2014 (33 U.S.C. 3914);
                    (I) section 2533a of title 10, United States Code 
                (commonly referred to as the ``Berry Amendment''); and
                    (J) section 2533b of title 10, United States Code.
            (2) Executive agency.--The term ``executive agency'' has the 
        meaning given the term ``agency'' in paragraph (1) of section 
        3502 of title 44, United States Code, except that it does not 
        include an independent regulatory agency, as that term is 
        defined in paragraph (5) of such section.
            (3) Buy american waiver.--The term ``Buy American waiver'' 
        refers to an exception to or waiver of any Buy American law, or 
        the terms and conditions used by an agency in granting an 
        exception to or waiver from Buy American laws.
SEC. 70933. SENSE OF CONGRESS ON BUYING AMERICAN.

    It is the sense of Congress that--

[[Page 135 STAT. 1310]]

            (1) every executive agency should maximize, through terms 
        and conditions of Federal financial assistance awards and 
        Federal procurements, the use of goods, products, and materials 
        produced in the United States and contracts for outsourced 
        government service contracts to be performed by United States 
        nationals;
            (2) every executive agency should scrupulously monitor, 
        enforce, and comply with Buy American laws, to the extent they 
        apply, and minimize the use of waivers; and
            (3) every executive agency should use available data to 
        routinely audit its compliance with Buy American laws.
SEC. 70934. <<NOTE: Public information.>>  ASSESSMENT OF IMPACT OF 
                            FREE TRADE AGREEMENTS.

    Not later than 150 days after the date of the enactment of this Act, 
the Secretary of Commerce, the United States Trade Representative, and 
the Director of the Office of Management and Budget shall assess the 
impacts in a publicly available report of all United States free trade 
agreements, the World Trade Organization Agreement on Government 
Procurement, and Federal permitting processes on the operation of Buy 
American laws, including their impacts on the implementation of domestic 
procurement preferences.
SEC. 70935. JUDICIOUS USE OF WAIVERS.

    (a) In General.--To the extent permitted by law, a Buy American 
waiver that is determined by an agency head or other relevant official 
to be in the public interest shall be construed to ensure the maximum 
utilization of goods, products, and materials produced in the United 
States.
    (b) Public Interest Waiver Determinations.--To the extent permitted 
by law, determination of public interest waivers shall be made by the 
head of the agency with the authority over the Federal financial 
assistance award or Federal procurement under consideration.
SEC. 70936. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE.

    (a) <<NOTE: Deadline.>>  In General.--Not later than one year after 
the date of the enactment of this Act, the Administrator of General 
Services shall establish an Internet website with the address 
BuyAmerican.gov that will be publicly available and free to access. The 
website shall include information on all waivers of and exceptions to 
Buy American laws since the date of the enactment of this Act that have 
been requested, are under consideration, or have been granted by 
executive agencies and be designed to enable manufacturers and other 
interested parties to easily identify waivers. The 
website <<NOTE: Determination. Data.>>  shall also include the results 
of routine audits to determine data errors and Buy American law 
violations after the award of a contract. The website <<NOTE: Public 
information.>>  shall provide publicly available contact information for 
the relevant contracting agencies.

    (b) Utilization of Existing Website.--The requirements of subsection 
(a) may be met by utilizing an existing website, provided that the 
address of that website is BuyAmerican.gov.
SEC. 70937. WAIVER TRANSPARENCY AND STREAMLINING FOR CONTRACTS.

    (a) <<NOTE: Consultation.>>  Collection of Information.--The 
Administrator of General Services, in consultation with the heads of 
relevant agencies, shall develop a mechanism to collect information on 
requests to

[[Page 135 STAT. 1311]]

invoke a Buy American waiver for a Federal contract, utilizing existing 
reporting requirements whenever possible, for purposes of providing 
early notice of possible waivers via the website established under 
section 70936.

    (b) Waiver Transparency and Streamlining.--
            (1) <<NOTE: Public comment. Time period.>>  Requirement.--
        Prior to granting a request to waive a Buy American law, the 
        head of an executive agency shall submit a request to invoke a 
        Buy American waiver to the Administrator of General Services, 
        and the Administrator of General Services shall make the request 
        available on or through the public website established under 
        section 70936 for public comment for not less than 15 days.
            (2) Exception.--The requirement under paragraph (1) does not 
        apply to a request for a Buy American waiver to satisfy an 
        urgent contracting need in an unforeseen and exigent 
        circumstance.

    (c) Information Available to the Executive Agency Concerning the 
Request.--
            (1) Requirement.--No Buy American waiver for purposes of 
        awarding a contract may be granted if, in contravention of 
        subsection (b)--
                    (A) information about the waiver was not made 
                available on the website under section 70936; or
                    (B) no opportunity for public comment concerning the 
                request was granted.
            (2) Scope.--Information made available to the public 
        concerning the request included on the website described in 
        section 70936 shall properly and adequately document and justify 
        the statutory basis cited for the requested waiver. Such 
        information shall include--
                    (A) a detailed justification for the use of goods, 
                products, or materials mined, produced, or manufactured 
                outside the United States;
                    (B) for requests citing unreasonable cost as the 
                statutory basis of the waiver, a comparison of the cost 
                of the domestic product to the cost of the foreign 
                product or a comparison of the overall cost of the 
                project with domestic products to the overall cost of 
                the project with foreign-origin products or services, 
                pursuant to the requirements of the applicable Buy 
                American law, except that publicly available cost 
                comparison data may be provided in lieu of proprietary 
                pricing information;
                    (C) for requests citing the public interest as the 
                statutory basis for the waiver, a detailed written 
                statement, which shall include all appropriate factors, 
                such as potential obligations under international 
                agreements, justifying why the requested waiver is in 
                the public interest; and
                    (D) <<NOTE: Certification.>>  a certification that 
                the procurement official or assistance recipient made a 
                good faith effort to solicit bids for domestic products 
                supported by terms included in requests for proposals, 
                contracts, and nonproprietary communications with the 
                prime contractor.

    (d) Nonavailability Waivers.--
            (1) In general.--Except as provided under paragraph (2), for 
        a request citing nonavailability as the statutory basis for a 
        Buy American waiver, an executive agency shall provide an 
        explanation of the procurement official's efforts to procure

[[Page 135 STAT. 1312]]

        a product from a domestic source and the reasons why a domestic 
        product was not available from a domestic source. Those 
        explanations <<NOTE: Public comments. Determination.>>  shall be 
        made available on BuyAmerican.gov prior to the issuance of the 
        waiver, and the agency shall consider public comments regarding 
        the availability of the product before making a final 
        determination.
            (2) Exception.--An explanation under paragraph (1) is not 
        required for a product the nonavailability of which is 
        established by law or regulation.
SEC. 70938. <<NOTE: Recommenda- tions.>>  COMPTROLLER GENERAL 
                            REPORT.

    Not later than two years after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to 
Congress a report describing the implementation of this subtitle, 
including recommendations for any legislation to improve the collection 
and reporting of information regarding waivers of and exceptions to Buy 
American laws.
SEC. 70939. RULES OF CONSTRUCTION.

    (a) Disclosure Requirements.--Nothing in this subtitle shall be 
construed as preempting, superseding, or otherwise affecting the 
application of any disclosure requirement or requirements otherwise 
provided by law or regulation.
    (b) Establishment of Successor Information Systems.--Nothing in this 
subtitle shall be construed as preventing or otherwise limiting the 
ability of the Administrator of General Services to move the data 
required to be included on the website established under subsection (a) 
to a successor information system. Any such information system shall 
include a reference to BuyAmerican.gov.
SEC. 70940. <<NOTE: Applicability.>>  CONSISTENCY WITH 
                            INTERNATIONAL AGREEMENTS.

    This subtitle shall be applied in a manner consistent with United 
States obligations under international agreements.
SEC. 70941. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.

    (a) In General.--Section 70932(1) is amended--
            (1) in subparagraph (I), by striking ``section 2533a'' and 
        inserting ``section 4862''; and
            (2) in subparagraph (J), by striking ``section 2533b'' and 
        inserting ``section 4863''.

    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 1, 2022.

Subtitle <<NOTE: Make PPE in America Act.>>  C--Make PPE in America
SEC. 70951. SHORT TITLE.

    This subtitle may be cited as the ``Make PPE in America Act''.
SEC. 70952. FINDINGS.

    Congress makes the following findings:
            (1) The COVID-19 pandemic has exposed the vulnerability of 
        the United States supply chains for, and lack of domestic 
        production of, personal protective equipment (PPE).

[[Page 135 STAT. 1313]]

            (2) The United States requires a robust, secure, and wholly 
        domestic PPE supply chain to safeguard public health and 
        national security.
            (3) Issuing a strategy that provides the government's 
        anticipated needs over the next three years will enable 
        suppliers to assess what changes, if any, are needed in their 
        manufacturing capacity to meet expected demands.
            (4) In order to foster a domestic PPE supply chain, United 
        States industry needs a strong and consistent demand signal from 
        the Federal Government providing the necessary certainty to 
        expand production capacity investment in the United States.
            (5) In order to effectively incentivize investment in the 
        United States and the re-shoring of manufacturing, long-term 
        contracts must be no shorter than three years in duration.
            (6) To accomplish this aim, the United States should seek to 
        ensure compliance with its international obligations, such as 
        its commitments under the World Trade Organization's Agreement 
        on Government Procurement and its free trade agreements, 
        including by invoking any relevant exceptions to those 
        agreements, especially those related to national security and 
        public health.
            (7) The United States needs a long-term investment strategy 
        for the domestic production of PPE items critical to the United 
        States national response to a public health crisis, including 
        the COVID-19 pandemic.
SEC. 70953. REQUIREMENT OF LONG-TERM CONTRACTS FOR DOMESTICALLY 
                            MANUFACTURED PERSONAL PROTECTIVE 
                            EQUIPMENT.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Health, 
                Education, Labor, and Pensions, the Committee on 
                Finance, and the Committee on Veterans' Affairs of the 
                Senate; and
                    (B) the Committee on Homeland Security, the 
                Committee on Oversight and Reform, the Committee on 
                Energy and Commerce, the Committee on Ways and Means, 
                and the Committee on Veterans' Affairs of the House of 
                Representatives.
            (2) Covered secretary.--The term ``covered Secretary'' means 
        the Secretary of Homeland Security, the Secretary of Health and 
        Human Services, and the Secretary of Veterans Affairs.
            (3) Personal protective equipment.--The term ``personal 
        protective equipment'' means surgical masks, respirator masks 
        and powered air purifying respirators and required filters, face 
        shields and protective eyewear, gloves, disposable and reusable 
        surgical and isolation gowns, head and foot coverings, and other 
        gear or clothing used to protect an individual from the 
        transmission of disease.
            (4) United states.--The term ``United States'' means the 50 
        States, the District of Columbia, and the possessions of the 
        United States.

    (b) Contract Requirements for Domestic Production.--Beginning 90 
days <<NOTE: Effective date.>>  after the date of the enactment of this 
Act,

[[Page 135 STAT. 1314]]

in order to ensure the sustainment and expansion of personal protective 
equipment manufacturing in the United States and meet the needs of the 
current pandemic response, any contract for the procurement of personal 
protective equipment entered into by a covered Secretary, or a covered 
Secretary's designee, shall--
            (1) <<NOTE: Time period.>>  be issued for a duration of at 
        least 2 years, plus all option periods necessary, to incentivize 
        investment in the production of personal protective equipment 
        and the materials and components thereof in the United States; 
        and
            (2) be for personal protective equipment, including the 
        materials and components thereof, that is grown, reprocessed, 
        reused, or produced in the United States.

    (c) Alternatives to Domestic Production.--The requirement under 
subsection (b) shall not apply to an item of personal protective 
equipment, or component or material thereof if, after maximizing to the 
extent feasible sources consistent with subsection (b), the covered 
Secretary--
            (1) maximizes sources for personal protective equipment that 
        is assembled outside the United States containing only materials 
        and components that are grown, reprocessed, reused, or produced 
        in the United States; and
            (2) <<NOTE: Certification. Time period.>>  certifies every 
        120 days that it is necessary to procure personal protective 
        equipment under alternative procedures to respond to the 
        immediate needs of a public health emergency.

    (d) Availability Exception.--
            (1) In general.--Subsections (b) and (c) shall not apply to 
        an item of personal protective equipment, or component or 
        material thereof--
                    (A) that is, or that includes, a material listed in 
                section 25.104 of the Federal Acquisition Regulation as 
                one for which a non-availability determination has been 
                made; or
                    (B) <<NOTE: Determination.>>  as to which the 
                covered Secretary determines that a sufficient quantity 
                of a satisfactory quality that is grown, reprocessed, 
                reused, or produced in the United States cannot be 
                procured as, and when, needed at United States market 
                prices.
            (2) <<NOTE: Time period.>>  Certification requirement.--The 
        covered Secretary shall certify every 120 days that the 
        exception under paragraph (1) is necessary to meet the immediate 
        needs of a public health emergency.

    (e) Report.--
            (1) <<NOTE: Consultation.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Director 
        of the Office of Management and Budget, in consultation with the 
        covered Secretaries, shall submit to the chairs and ranking 
        members of the appropriate congressional committees a report on 
        the procurement of personal protective equipment.
            (2) Elements.--The report required under paragraph (1) shall 
        include the following elements:
                    (A) <<NOTE: Strategy.>>  The United States long-term 
                domestic procurement strategy for PPE produced in the 
                United States, including strategies to incentivize 
                investment in and maintain United States supply chains 
                for all PPE sufficient to meet the needs of the United 
                States during a public health emergency.
                    (B) <<NOTE: Estimate.>>  An estimate of long-term 
                demand quantities for all PPE items procured by the 
                United States.

[[Page 135 STAT. 1315]]

                    (C) <<NOTE: Recommenda- tions.>>  Recommendations 
                for congressional action required to implement the 
                United States Government's procurement strategy.
                    (D) <<NOTE: Determination.>>  A determination 
                whether all notifications, amendments, and other 
                necessary actions have been completed to bring the 
                United States existing international obligations into 
                conformity with the statutory requirements of this 
                subtitle.

    (f) Authorization of Transfer of Equipment.--
            (1) In general.--A covered Secretary may transfer to the 
        Strategic National Stockpile established under section 319F-2 of 
        the Public Health Service Act (42 U.S.C. 247d-6b) any excess 
        personal protective equipment acquired under a contract executed 
        pursuant to subsection (b).
            (2) Transfer of equipment during a public health 
        emergency.--
                    (A) Amendment.--Title V of the Homeland Security Act 
                of 2002 (6 U.S.C. 311 et seq.) is amended by adding at 
                the end the following:
``SEC. 529. <<NOTE: 6 USC 321r.>>  TRANSFER OF EQUIPMENT DURING A 
                        PUBLIC HEALTH EMERGENCY.

    ``(a) <<NOTE: Reimbursement.>>  Authorization of Transfer of 
Equipment.--During a public health emergency declared by the Secretary 
of Health and Human Services under section 319(a) of the Public Health 
Service Act (42 U.S.C. 247d(a)), the Secretary, at the request of the 
Secretary of Health and Human Services, may transfer to the Department 
of Health and Human Services, on a reimbursable basis, excess personal 
protective equipment or medically necessary equipment in the possession 
of the Department.

    ``(b) Determination by Secretaries.--
            ``(1) In general.--In carrying out this section--
                    ``(A) before requesting a transfer under subsection 
                (a), the Secretary of Health and Human Services shall 
                determine whether the personal protective equipment or 
                medically necessary equipment is otherwise available; 
                and
                    ``(B) <<NOTE: Consultation.>>  before initiating a 
                transfer under subsection (a), the Secretary, in 
                consultation with the heads of each component within the 
                Department, shall--
                          ``(i) determine whether the personal 
                      protective equipment or medically necessary 
                      equipment requested to be transferred under 
                      subsection (a) is excess equipment; and
                          ``(ii) <<NOTE: Certification.>>  certify that 
                      the transfer of the personal protective equipment 
                      or medically necessary equipment will not 
                      adversely impact the health or safety of officers, 
                      employees, or contractors of the Department.
            ``(2) Notification.--The Secretary of Health and Human 
        Services and the Secretary shall each submit to Congress a 
        notification explaining the determination made under 
        subparagraphs (A) and (B), respectively, of paragraph (1).
            ``(3) Required inventory.--
                    ``(A) In general.--The Secretary shall--
                          ``(i) acting through the Chief Medical Officer 
                      of the Department, maintain an inventory of all 
                      personal protective equipment and medically 
                      necessary equipment in the possession of the 
                      Department; and

[[Page 135 STAT. 1316]]

                          ``(ii) make the inventory required under 
                      clause (i) available, on a continual basis, to--
                                    ``(I) the Secretary of Health and 
                                Human Services; and
                                    ``(II) the Committee on 
                                Appropriations and the Committee on 
                                Homeland Security and Governmental 
                                Affairs of the Senate and the Committee 
                                on Appropriations and the Committee on 
                                Homeland Security of the House of 
                                Representatives.
                    ``(B) <<NOTE: Classified information.>>  Form.--Each 
                inventory required to be made available under 
                subparagraph (A) shall be submitted in unclassified 
                form, but may include a classified annex.''.
                    (B) Table of contents amendment.--The table of 
                contents in section 1(b) of the Homeland Security Act of 
                2002 (Public Law 107-296; 116 Stat. 2135) is amended by 
                inserting after the item relating to section 528 the 
                following:

``Sec. 529. Transfer of equipment during a public health emergency.''.

            (3) Strategic national stockpile.--Section 319F-2(a) of the 
        Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended by 
        adding at the end the following:
            ``(6) <<NOTE: Coordination.>>  Transfers of items.--The 
        Secretary, in coordination with the Secretary of Homeland 
        Security, may sell drugs, vaccines and other biological 
        products, medical devices, or other supplies maintained in the 
        stockpile under paragraph (1) to a Federal agency or private, 
        nonprofit, State, local, tribal, or territorial entity for 
        immediate use and distribution, provided that any such items 
        being sold are--
                    ``(A) <<NOTE: Deadline.>>  within 1 year of their 
                expiration date; or
                    ``(B) <<NOTE: Determination.>>  determined by the 
                Secretary to no longer be needed in the stockpile due to 
                advances in medical or technical capabilities.''.

    (g) <<NOTE: President.>>  Compliance With International 
Agreements.--The President or the President's designee shall take all 
necessary steps, including invoking the rights of the United States 
under Article III of the World Trade Organization's Agreement on 
Government Procurement and the relevant exceptions of other relevant 
agreements to which the United States is a party, to ensure that the 
international obligations of the United States are consistent with the 
provisions of this subtitle.

                       TITLE X--ASSET CONCESSIONS

SEC. 71001. ASSET CONCESSIONS.

    (a) Establishment of Program.--
            (1) In general.--Chapter 6 of title 23, United States Code, 
        is amended by adding at the end the following:
``Sec. 611. <<NOTE: 23 USC 611.>>  Asset concessions and 
                innovative finance assistance

    ``(a) Definitions.--In this section:
            ``(1) Approved infrastructure asset.--The term `approved 
        infrastructure asset' means--
                    ``(A) a project (as defined in section 601(a)); and
                    ``(B) a group of projects (as defined in section 
                601(a)) considered together in a single asset concession 
                or long-term lease to a concessionaire by 1 or more 
                eligible entities.

[[Page 135 STAT. 1317]]

            ``(2) Asset concession.--The term `asset concession' means a 
        contract between an eligible entity and a concessionaire--
                    ``(A) under which--
                          ``(i) the eligible entity agrees to enter into 
                      a concession agreement or long-term lease with the 
                      concessionaire relating to an approved 
                      infrastructure asset owned, controlled, or 
                      maintained by the eligible entity;
                          ``(ii) as consideration for the agreement or 
                      lease described in clause (i), the concessionaire 
                      agrees--
                                    ``(I) to provide to the eligible 
                                entity 1 or more asset concession 
                                payments; and
                                    ``(II) to maintain or exceed the 
                                condition, performance, and service 
                                level of the approved infrastructure 
                                asset, as compared to that condition, 
                                performance, and service level on the 
                                date of execution of the agreement or 
                                lease; and
                          ``(iii) the eligible entity and the 
                      concessionaire agree that the costs for a fiscal 
                      year of the agreement or lease, and any project 
                      carried out under the agreement or lease, shall 
                      not be shifted to any taxpayer the annual 
                      household income of whom is less than $400,000 per 
                      year, including through taxes, user fees, tolls, 
                      or any other measure, for use of an approved 
                      infrastructure asset; and
                    ``(B) the terms of which do not include any 
                noncompete or exclusivity restriction (or any other, 
                similar restriction) on the approval of another project.
            ``(3) Asset concession payment.--The term `asset concession 
        payment' means a payment that--
                    ``(A) is made by a concessionaire to an eligible 
                entity for fair market value that is determined as part 
                of the asset concession; and
                    ``(B) may be--
                          ``(i) a payment made at the financial close of 
                      an asset concession; or
                          ``(ii) a series of payments scheduled to be 
                      made for--
                                    ``(I) a fixed period; or
                                    ``(II) the term of an asset 
                                concession.
            ``(4) Concessionaire.--The term `concessionaire' means a 
        private individual or a private or publicly chartered 
        corporation or entity that enters into an asset concession with 
        an eligible entity.
            ``(5) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' means 
                an entity described in subparagraph (B) that--
                          ``(i) owns, controls, or maintains an approved 
                      infrastructure asset; and
                          ``(ii) has the legal authority to enter into a 
                      contract to transfer ownership, maintenance, 
                      operations, revenues, or other benefits and 
                      responsibilities for an approved infrastructure 
                      asset.
                    ``(B) Entities described.--An entity referred to in 
                subparagraph (A) is any of the following:
                          ``(i) A State.
                          ``(ii) A Tribal government.
                          ``(iii) A unit of local government.

[[Page 135 STAT. 1318]]

                          ``(iv) An agency or instrumentality of a 
                      State, Tribal government, or unit of local 
                      government.
                          ``(v) A special purpose district or public 
                      authority.

    ``(b) <<NOTE: Grants. Evaluation.>>  Establishment.--The Secretary 
shall establish a program to facilitate access to expert services for, 
and to provide grants to, eligible entities to enhance the technical 
capacity of eligible entities to facilitate and evaluate public-private 
partnerships in which the private sector partner could assume a greater 
role in project planning, development, financing, construction, 
maintenance, and operation, including by assisting eligible entities in 
entering into asset concessions.

    ``(c) Applications.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Secretary an application 
at such time, in such manner, and containing such information as the 
Secretary may require.
    ``(d) Eligible Activities.--
            ``(1) Technical assistance grants.--An eligible entity may 
        use amounts made available from a grant under this section for 
        technical assistance to build the organizational capacity of the 
        eligible entity to develop, review, or enter into an asset 
        concession, including for--
                    ``(A) identifying appropriate assets or projects for 
                asset concessions;
                    ``(B) soliciting and negotiating asset concessions, 
                including hiring staff in public agencies;
                    ``(C) conducting a value-for-money analysis, or a 
                comparable analysis, to evaluate the comparative 
                benefits of asset concessions and public debt or other 
                procurement methods;
                    ``(D) <<NOTE: Evaluation.>>  evaluating options for 
                the structure and use of asset concession payments;
                    ``(E) <<NOTE: Evaluation.>>  evaluating and publicly 
                presenting the risks and benefits of all contract 
                provisions for the purpose of transparency and 
                accountability;
                    ``(F) identifying best practices to protect the 
                public interest and priorities;
                    ``(G) identifying best practices for managing 
                transportation demand and mobility along a corridor, 
                including through provisions of the asset concession, to 
                facilitate transportation demand management strategies 
                along the corridor that is subject to the asset 
                concession; and
                    ``(H) <<NOTE: Coordination.>>  integrating and 
                coordinating pricing, data, and fare collection with 
                other regional operators that exist or may be developed.
            ``(2) Expert services.--An eligible entity seeking to 
        leverage public and private funding in connection with the 
        development of an early-stage approved infrastructure asset, 
        including in the development of alternative approaches to 
        project delivery or procurement, may use amounts made available 
        from a grant under this section to retain the services of an 
        expert firm to provide to the eligible entity direct project 
        level assistance, which services may include--
                    ``(A) project planning, feasibility studies, revenue 
                forecasting, economic assessments and cost-benefit 
                analyses, public benefit studies, value-for-money 
                analyses, business case development, lifecycle cost 
                analyses, risk assessment,

[[Page 135 STAT. 1319]]

                financing and funding options analyses, procurement 
                alternatives analyses, statutory and regulatory 
                framework analyses and other pre-procurement and pre-
                construction activities;
                    ``(B) financial and legal planning (including the 
                identification of statutory authorization, funding, and 
                financing options);
                    ``(C) early assessment of permitting, environmental 
                review, and regulatory processes and costs; and
                    ``(D) assistance with entering into an asset 
                concession.

    ``(e) Distribution.--
            ``(1) Maximum amount.--
                    ``(A) Technical assistance grants.--The maximum 
                amount of a technical assistance grant under subsection 
                (d)(1) shall be $2,000,000.
                    ``(B) Expert services.--The maximum amount of the 
                value of expert services retained by an eligible entity 
                under subsection (d)(2) shall be $2,000,000.
            ``(2) Cost sharing.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share of the cost of an 
                activity carried out under this section may be up to 100 
                percent.
                    ``(B) Certain projects.--If the amount of the grant 
                provided to an eligible entity under this section is 
                more than $1,000,000, the Federal share of the cost of 
                an activity carried out using grant amounts in excess of 
                $1,000,000 shall be 50 percent.
            ``(3) <<NOTE: Time period.>>  Statewide maximum.--The 
        aggregate amount made available under this section to eligible 
        entities within a State shall not exceed, on a cumulative basis 
        for all eligible entities within the State during any 3-year 
        period, $4,000,000.

    ``(f) Requirements.--
            ``(1) In general.--The Secretary shall ensure that, as a 
        condition of receiving a grant under this section, for any asset 
        concession for which the grant provides direct assistance--
                    ``(A) the asset concession shall not prohibit, 
                discourage, or make it more difficult for an eligible 
                entity to construct new infrastructure, to provide or 
                expand transportation services, or to manage associated 
                infrastructure in publicly beneficial ways, along a 
                transportation corridor or in the proximity of a 
                transportation facility that was a part of the asset 
                concession;
                    ``(B) <<NOTE: Deadline. Public 
                information. Certification.>>  the eligible entity shall 
                have adopted binding rules to publish all major business 
                terms of the proposed asset concession not later than 
                the date that is 30 days before entering into the asset 
                concession, to enable public review, including a 
                certification of public interest based on the results of 
                an assessment under subparagraph (D);
                    ``(C) the asset concession shall not result in 
                displacement, job loss, or wage reduction for the 
                existing workforce of the eligible entity or other 
                public entities;
                    
                ``(D) <<NOTE: Analysis. Assessment. Determination.>>  
                the eligible entity or the concessionaire shall carry 
                out a value-for-money analysis, or similar assessment, 
                to compare the aggregate costs and benefits to the 
                eligible entity of the asset concession against 
                alternative options to determine whether the asset 
                concession generates additional public benefits and 
                serves the public interest;

[[Page 135 STAT. 1320]]

                    ``(E) the full amount of any asset concession 
                payment received by the eligible entity under the asset 
                concession, less any amount paid for transaction costs 
                relating to the asset concession, shall be used to pay 
                infrastructure costs of the eligible entity; and
                    ``(F) the terms of the asset concession shall not 
                result in any increase in costs under the asset 
                concession being shifted to taxpayers the annual 
                household income of whom is less than $400,000 per year, 
                including through taxes, user fees, tolls, or any other 
                measure, for use of an approved infrastructure asset.
            ``(2) <<NOTE: Deadline.>>  Audit.--Not later than 3 years 
        after the date on which an eligible entity enters into an asset 
        concession as a result of a grant under this section--
                    ``(A) <<NOTE: Evaluation.>>  the eligible entity 
                shall hire an independent auditor to evaluate the 
                performance of the concessionaire based on the 
                requirements described in paragraph (1); and
                    ``(B) <<NOTE: Public information. Reports.>>  the 
                independent auditor shall submit to the eligible entity, 
                and make publicly available, a report describing the 
                results of the audit under subparagraph (A).
            ``(3) Treatment.--Unless otherwise provided under paragraph 
        (1), the Secretary shall not, as a condition of receiving a 
        grant under this section, prohibit or otherwise prevent an 
        eligible entity from entering into, or receiving any asset 
        concession payment under, an asset concession for an approved 
        infrastructure asset owned, controlled, or maintained by the 
        eligible entity.
            ``(4) Applicability of federal laws.--Nothing in this 
        section exempts a concessionaire or an eligible entity from a 
        compliance obligation with respect to any applicable Federal or 
        State law that would otherwise apply to the concessionaire, the 
        eligible entity, or an approved infrastructure asset.

    ``(g) Funding.--
            ``(1) <<NOTE: Effective date. Time period. Transfer 
        authority.>>  In general.--On October 1, 2021, and on each 
        October 1 thereafter through October 1, 2025, out of any funds 
        in the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        section $20,000,000, to remain available until expended.
            ``(2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation.''.
            (2) Clerical amendment.--The analysis for chapter 6 of title 
        23, United States Code, <<NOTE: 23 USC 601 prec.>>  is amended 
        by adding at the end the following:

``611. Asset concessions and innovative finance assistance.''.

    (b) Asset Recycling Report.--Not later than August 1, 2024, the 
Secretary shall submit to Congress a report that includes--
            (1) <<NOTE: Analysis.>>  an analysis of any impediments in 
        applicable laws, regulations, and practices to increased use of 
        public-private partnerships and private investment in 
        transportation improvements; and
            (2) <<NOTE: Proposals.>>  proposals for approaches that 
        address those impediments while continuing to protect the public 
        interest and any public investment in transportation 
        improvements.

[[Page 135 STAT. 1321]]

                TITLE XI--CLEAN SCHOOL BUSES AND FERRIES

SEC. 71101. CLEAN SCHOOL BUS PROGRAM.

    Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is 
amended to read as follows:
``SEC. 741. CLEAN SCHOOL BUS PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Alternative fuel.--The term `alternative fuel' means 
        liquefied natural gas, compressed natural gas, hydrogen, 
        propane, or biofuels.
            ``(3) Clean school bus.--The term `clean school bus' means a 
        school bus that--
                    ``(A) the Administrator certifies reduces emissions 
                and is operated entirely or in part using an alternative 
                fuel; or
                    ``(B) is a zero-emission school bus.
            ``(4) Eligible contractor.--The term `eligible contractor' 
        means a contractor that is a for-profit, not-for-profit, or 
        nonprofit entity that has the capacity--
                    ``(A) to sell clean school buses, zero-emission 
                school buses, charging or fueling infrastructure, or 
                other equipment needed to charge, fuel, or maintain 
                clean school buses or zero-emission school buses, to 
                individuals or entities that own a school bus or a fleet 
                of school buses; or
                    ``(B) to arrange financing for such a sale.
            ``(5) Eligible recipient.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `eligible recipient' means--
                          ``(i) 1 or more local or State governmental 
                      entities responsible for--
                                    ``(I) providing school bus service 
                                to 1 or more public school systems; or
                                    ``(II) the purchase of school buses;
                          ``(ii) an eligible contractor;
                          ``(iii) a nonprofit school transportation 
                      association; or
                          ``(iv) an Indian Tribe (as defined in section 
                      4 of the Indian Self-Determination and Education 
                      Assistance Act (25 U.S.C. 5304)), Tribal 
                      organization (as defined in that section), or 
                      tribally controlled school (as defined in section 
                      5212 of the Tribally Controlled Schools Act of 
                      1988 (25 U.S.C. 2511)) that is responsible for--
                                    ``(I) providing school bus service 
                                to 1 or more Bureau-funded schools (as 
                                defined in section 1141 of the Education 
                                Amendments of 1978 (25 U.S.C. 2021)); or
                                    ``(II) the purchase of school buses.
                    ``(B) Special requirements.--In the case of eligible 
                recipients identified under clauses (ii) and (iii) of 
                subparagraph (A), the Administrator shall establish 
                timely and appropriate requirements for notice and shall 
                establish

[[Page 135 STAT. 1322]]

                timely and appropriate requirements for approval by the 
                public school systems that would be served by buses 
                purchased using award funds made available under this 
                section.
            ``(6) <<NOTE: Determinations.>>  High-need local educational 
        agency.--The term `high-need local educational agency' means a 
        local educational agency (as defined in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) 
        that is among the local educational agencies in the applicable 
        State with high percentages of children counted under section 
        1124(c) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6333(c)), on the basis of the most recent 
        satisfactory data available, as determined by the Secretary of 
        Education (or, for a local educational agency for which no such 
        data is available, such other data as the Secretary of Education 
        determines to be satisfactory).
            ``(7) School bus.--The term `school bus' has the meaning 
        given the term `schoolbus' in section 30125(a) of title 49, 
        United States Code.
            ``(8) Zero-emission school bus.--The term `zero-emission 
        school bus' means a school bus that is certified by the 
        Administrator to have a drivetrain that produces, under any 
        possible operational mode or condition, zero exhaust emission 
        of--
                    ``(A) any air pollutant that is listed pursuant to 
                section 108(a) of the Clean Air Act (42 U.S.C. 7408(a)) 
                (or any precursor to such an air pollutant); and
                    ``(B) any greenhouse gas.

    ``(b) Program for Replacement of Existing School Buses With Clean 
School Buses and Zero-emission School Buses.--
            ``(1) <<NOTE: Grants. Contracts.>>  Establishment.--The 
        Administrator shall establish a program--
                    ``(A) to award grants and rebates on a competitive 
                basis to eligible recipients for the replacement of 
                existing school buses with clean school buses;
                    ``(B) to award grants and rebates on a competitive 
                basis to eligible recipients for the replacement of 
                existing school buses with zero-emission school buses;
                    ``(C) to award contracts to eligible contractors to 
                provide rebates for the replacement of existing school 
                buses with clean school buses; and
                    ``(D) to award contracts to eligible contractors to 
                provide rebates for the replacement of existing school 
                buses with zero-emission school buses.
            ``(2) Allocation of funds.--Of the amounts made available 
        for awards under paragraph (1) in a fiscal year, the 
        Administrator shall award--
                    ``(A) 50 percent to replace existing school buses 
                with zero-emission school buses; and
                    ``(B) 50 percent to replace existing school buses 
                with clean school buses and zero-emission school buses.
            ``(3) <<NOTE: Criteria.>>  Considerations.--In making awards 
        under paragraph (2)(B), the Administrator shall take into 
        account the following criteria and shall not give preference to 
        any individual criterion:
                    ``(A) Lowest overall cost of bus replacement.
                    ``(B) Local conditions, including the length of bus 
                routes and weather conditions.
                    ``(C) Technologies that most reduce emissions.

[[Page 135 STAT. 1323]]

                    ``(D) Whether funds will bring new technologies to 
                scale or promote cost parity between old technology and 
                new technology.
            ``(4) Priority of applications.--In making awards under 
        paragraph (1), the Administrator may prioritize applicants 
        that--
                    ``(A) propose to replace school buses that serve--
                          ``(i) a high-need local educational agency;
                          ``(ii) a Bureau-funded school (as defined in 
                      section 1141 of the Education Amendments of 1978 
                      (25 U.S.C. 2021)); or
                          ``(iii) a local educational agency that 
                      receives a basic support payment under section 
                      7003(b)(1) of the Elementary and Secondary 
                      Education Act of 1965 (20 U.S.C. 7703(b)(1)) for 
                      children who reside on Indian land;
                    ``(B) serve rural or low-income areas; or
                    ``(C) propose to complement the assistance received 
                through the award by securing additional sources of 
                funding for the activities supported through the award, 
                such as through--
                          ``(i) public-private partnerships;
                          ``(ii) grants from other entities; or
                          ``(iii) issuance of school bonds.
            ``(5) Use of school bus fleet.--All clean school buses and 
        zero-emission school buses acquired with funds provided under 
        this section shall--
                    ``(A) be operated as part of the school bus fleet 
                for which the award was made for not less than 5 years;
                    ``(B) be maintained, operated, and charged or fueled 
                according to manufacturer recommendations or State 
                requirements; and
                    ``(C) not be manufactured or retrofitted with, or 
                otherwise have installed, a power unit or other 
                technology that creates air pollution within the school 
                bus, such as an unvented diesel passenger heater.
            ``(6) Awards.--
                    ``(A) In general.--In making awards under paragraph 
                (1), the Administrator may make awards for up to 100 
                percent of the costs for replacement of existing school 
                buses with clean school buses, zero-emission school 
                buses, and charging or fueling infrastructure.
                    ``(B) Structuring awards.--In making an award under 
                paragraph (1)(A), the Administrator shall decide whether 
                to award a grant or rebate, or a combination thereof, 
                based primarily on how best to facilitate replacing 
                existing school buses with clean school buses or zero-
                emission school buses, as applicable.
            ``(7) Deployment and distribution.--
                    ``(A) In general.--The Administrator shall--
                          ``(i) to the maximum extent practicable, 
                      achieve nationwide deployment of clean school 
                      buses and zero-emission school buses through the 
                      program under this section; and
                          ``(ii) ensure a broad geographic distribution 
                      of awards.

[[Page 135 STAT. 1324]]

                    ``(B) Limitation.--The Administrator shall ensure 
                that the amount received by all eligible entities in a 
                State from grants and rebates under this section does 
                not exceed 10 percent of the amounts made available to 
                carry out this section during a fiscal year.
            ``(8) Annual report.--Not later than January 31 of each 
        year, the Administrator shall submit to Congress a report that 
        evaluates the implementation of this section and describes--
                    ``(A) the total number of applications received;
                    ``(B) the quantity and amount of grants and rebates 
                awarded and the location of the recipients of the grants 
                and rebates;
                    ``(C) the criteria used to select the recipients; 
                and
                    ``(D) any other information the Administrator 
                considers appropriate.

    ``(c) Education and Outreach.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 120 
        days after the date of enactment of the Infrastructure 
        Investment and Jobs Act, the Administrator shall develop an 
        education and outreach program to promote and explain the award 
        program under this section.
            ``(2) Coordination with stakeholders.--The education and 
        outreach program under paragraph (1) shall be designed and 
        conducted in conjunction with interested stakeholders.
            ``(3) Components.--The education and outreach program under 
        paragraph (1) shall--
                    ``(A) inform potential award recipients on the 
                process of applying for awards and fulfilling the 
                requirements of awards;
                    ``(B) describe the available technologies and the 
                benefits of using the technologies;
                    ``(C) explain the benefits and costs incurred by 
                participating in the award program;
                    ``(D) make available information regarding best 
                practices, lessons learned, and technical and other 
                information regarding--
                          ``(i) clean school bus and zero-emission 
                      school bus acquisition and deployment;
                          ``(ii) the build-out of associated 
                      infrastructure and advance planning with the local 
                      electricity supplier;
                          ``(iii) workforce development, training, and 
                      Registered Apprenticeships that meet the 
                      requirements under parts 29 and 30 of title 29, 
                      Code of Federal Regulations (as in effect on 
                      December 1, 2019); and
                          ``(iv) <<NOTE: Determination.>>  any other 
                      information that is necessary, as determined by 
                      the Administrator; and
                    ``(E) include, as appropriate, information from the 
                annual report required under subsection (b)(7).

    ``(d) Administrative Costs.--The Administrator may use, for the 
administrative costs of carrying out this section, not more than 3 
percent of the amounts made available to carry out this section for any 
fiscal year.
    ``(e) Regulations.--The Administrator shall have the authority to 
issue such regulations or other guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are

[[Page 135 STAT. 1325]]

completed in a timely and effective manner, result in emissions 
reductions, and maximize public health benefits.
    ``(f) <<NOTE: Time period.>>  Authorization of Appropriations.--
There is authorized to be appropriated to the Administrator to carry out 
this section, to remain available until expended, $1,000,000,000 for 
each of fiscal years 2022 through 2026, of which--
            ``(1) $500,000,000 shall be made available for the adoption 
        of clean school buses and zero-emission school buses; and
            ``(2) $500,000,000 shall be made available for the adoption 
        of zero-emission school buses.''.
SEC. 71102. ELECTRIC OR LOW-EMITTING FERRY PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Alternative fuel.--The term ``alternative fuel'' means--
                    (A) methanol, denatured ethanol, and other alcohols;
                    (B) a mixture containing at least 85 percent of 
                methanol, denatured ethanol, and other alcohols by 
                volume with gasoline or other fuels;
                    (C) natural gas;
                    (D) liquefied petroleum gas;
                    (E) hydrogen;
                    (F) fuels (except alcohol) derived from biological 
                materials;
                    (G) electricity (including electricity from solar 
                energy); and
                    (H) <<NOTE: Regulations.>>  any other fuel the 
                Secretary prescribes by regulation that is not 
                substantially petroleum and that would yield substantial 
                energy security and environmental benefits.
            (2) Electric or low-emitting ferry.--The term ``electric or 
        low-emitting ferry'' means a ferry that reduces emissions by 
        utilizing alternative fuels or onboard energy storage systems 
        and related charging infrastructure to reduce emissions or 
        produce zero onboard emissions under normal operation.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

    (b) Establishment.--The Secretary shall carry out a pilot program to 
provide grants for the purchase of electric or low-emitting ferries and 
the electrification of or other reduction of emissions from existing 
ferries.
    (c) Requirement.--In carrying out the pilot program under this 
section, the Secretary shall ensure that--
            (1) not less than 1 grant under this section shall be for a 
        ferry service that serves the State with the largest number of 
        Marine Highway System miles; and
            (2) not less than 1 grant under this section shall be for a 
        bi-State ferry service--
                    (A) with an aging fleet; and
                    (B) whose development of zero and low emission power 
                source ferries will propose to advance the state of the 
                technology toward increasing the range and capacity of 
                zero emission power source ferries.

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

[[Page 135 STAT. 1326]]

SEC. 71103. <<NOTE: 23 USC 147 note.>>  FERRY SERVICE FOR RURAL 
                            COMMUNITIES.

    (a) Definitions.--In this section:
            (1) Basic essential ferry service.--The term ``basic 
        essential ferry service'' means scheduled ferry transportation 
        service.
            (2) Eligible service.--The term ``eligible service'' means a 
        ferry service that--
                    (A) operated a regular schedule at any time during 
                the 5-year period ending on March 1, 2020; and
                    (B) served not less than 2 rural areas located more 
                than 50 sailing miles apart.
            (3) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 5302 of title 49, United States Code.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

    (b) Establishment.--The Secretary shall establish a program to 
ensure that basic essential ferry service is provided to rural areas by 
providing funds to States to provide such basic essential ferry service.
    (c) <<NOTE: Requirements.>>  Program Criteria.--The Secretary shall 
establish requirements and criteria for participation in the program 
under this section, including requirements for the provision of funds to 
States.

    (d) Waivers.--The Secretary shall establish criteria for the waiver 
of any requirement under this section.
    (e) Treatment.--
            (1) Not attributable to urbanized areas.--An eligible 
        service that receives funds from a State under this section 
        shall not be attributed to an urbanized area for purposes of 
        apportioning funds under chapter 53 of title 49, United States 
        Code.
            (2) No receipt of certain apportioned funds.--An eligible 
        service that receives funds from a State under this section 
        shall not receive funds apportioned under section 5336 or 5337 
        of title 49, United States Code, in the same fiscal year.

    (f) <<NOTE: Time period.>>  Funding.--There is authorized to be 
appropriated to the Secretary to carry out this section $200,000,000 for 
each of fiscal years 2022 through 2026.

    (g) Operating Costs.--
            (1) Section 147 of title 23, United States Code, is amended 
        by adding at the end the following:

    ``(k) Additional Uses.--Notwithstanding any other provision of law, 
in addition to other uses of funds under this section, an eligible 
entity may use amounts made available under this section to pay the 
operating costs of the eligible entity.''.
            (2) Section 218(c) of title 23, United States Code (as 
        amended by section 11116 of division A), is amended by inserting 
        ``operation, repair,'' after ``purchase,''.
SEC. 71104. EXPANDING THE FUNDING AUTHORITY FOR RENOVATING, 
                            CONSTRUCTING, AND EXPANDING CERTAIN 
                            FACILITIES.

    Section 509 of the Indian Health Care Improvement Act (25 U.S.C. 
1659) is amended--
            (1) by striking ``minor'' before ``renovations''; and
            (2) by striking ``, to assist'' and all that follows through 
        ``standards''.

[[Page 135 STAT. 1327]]

                     DIVISION H--REVENUE PROVISIONS

                       TITLE I--HIGHWAY TRUST FUND

SEC. 80101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.

    (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code 
of 1986 <<NOTE: 26 USC 9503.>>  is amended--
            (1) by striking ``October 1, 2021'' in subsections 
        (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 2026'', 
        and
            (2) by striking ``Continuing Appropriations Act, 2021 and 
        Other Extensions Act'' in subsections (c)(1) and (e)(3) and 
        inserting ``Infrastructure Investment and Jobs Act''.

    (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of 
such Code is amended--
            (1) by striking ``Continuing Appropriations Act, 2021 and 
        Other Extensions Act'' each place it appears in subsection 
        (b)(2) and inserting ``Infrastructure Investment and Jobs Act'', 
        and
            (2) by striking ``October 1, 2021'' in subsection (d)(2) and 
        inserting ``October 1, 2026''.

    (c) Leaking Underground Storage Tank Trust Fund.--Section 9508(e)(2) 
of such Code is amended by striking ``October 1, 2021'' and inserting 
``October 1, 2026''.
SEC. 80102. EXTENSION OF HIGHWAY-RELATED TAXES.

    (a) In General.--
            (1) Each of the following provisions of the Internal Revenue 
        Code of 1986 is amended by striking ``September 30, 2022'' and 
        inserting ``September 30, 2028'':
                    (A) Section 4041(a)(1)(C)(iii)(I).
                    (B) Section 4041(m)(1)(B).
                    (C) Section 4081(d)(1).
            (2) Each of the following provisions of such Code is amended 
        by striking ``October 1, 2022'' and inserting ``October 1, 
        2028'':
                    (A) Section 4041(m)(1)(A).
                    (B) Section 4051(c).
                    (C) Section 4071(d).
                    (D) Section 4081(d)(3).

    (b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each 
of the following provisions of the Internal Revenue Code of 1986 is 
amended by striking ``2023'' each place it appears and inserting 
``2029'':
            (1) Section 4481(f).
            (2) Subsections (c)(4) and (d) of section 4482.

    (c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``October 1, 2022'' each place it appears 
        and inserting ``October 1, 2028'';
            (2) by striking ``March 31, 2023'' each place it appears and 
        inserting ``March 31, 2029''; and
            (3) by striking ``January 1, 2023'' and inserting ``January 
        1, 2029''.

    (d) Extension of Certain Exemptions.--
            (1) Section 4221(a) of the Internal Revenue Code of 1986 is 
        amended by striking ``October 1, 2022'' and inserting ``October 
        1, 2028''.

[[Page 135 STAT. 1328]]

            (2) Section 4483(i) of such Code <<NOTE: 26 USC 4483.>>  is 
        amended by striking ``October 1, 2023'' and inserting ``October 
        1, 2029''.

    (e) Extension of Transfers of Certain Taxes.--
            (1) In general.--Section 9503 of the Internal Revenue Code 
        of 1986 is amended--
                    (A) in subsection (b)--
                          (i) by striking ``October 1, 2022'' each place 
                      it appears in paragraphs (1) and (2) and inserting 
                      ``October 1, 2028'';
                          (ii) by striking ``October 1, 2022'' in the 
                      heading of paragraph (2) and inserting ``October 
                      1, 2028'';
                          (iii) by striking ``September 30, 2022'' in 
                      paragraph (2) and inserting ``September 30, 
                      2028''; and
                          (iv) by striking ``July 1, 2023'' in paragraph 
                      (2) and inserting ``July 1, 2029''; and
                    (B) in subsection (c)(2), by striking ``July 1, 
                2023'' and inserting ``July 1, 2029''.
            (2) Motorboat and small-engine fuel tax transfers.--
                    (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of 
                section 9503(c) of such Code are each amended by 
                striking ``October 1, 2022'' and inserting ``October 1, 
                2028''.
                    (B) Conforming amendments to land and water 
                conservation fund.--Section 200310 of title 54, United 
                States Code, is amended--
                          (i) by striking ``October 1, 2023'' each place 
                      it appears and inserting ``October 1, 2029''; and
                          (ii) by striking ``October 1, 2022'' and 
                      inserting ``October 1, 2028''.

    (f) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2021.
SEC. 80103. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.

    Subsection (f) of section 9503 of the Internal Revenue Code of 1986 
is amended by redesignating paragraph (11) as paragraph (12) and 
inserting after paragraph (10) the following new paragraph:
            ``(11) Further transfers to trust fund.--Out of money in the 
        Treasury not otherwise appropriated, there is hereby 
        appropriated--
                    ``(A) $90,000,000,000 to the Highway Account (as 
                defined in subsection (e)(5)(B)) in the Highway Trust 
                Fund; and
                    ``(B) $28,000,000,000 to the Mass Transit Account in 
                the Highway Trust Fund.''.

                      TITLE II--CHEMICAL SUPERFUND

SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN SUPERFUND EXCISE 
                            TAXES.

    (a) Extension.--
            (1) In general.--Section 4661(c) of the Internal Revenue 
        Code of 1986 is amended to read as follows:

    ``(c) Termination.--No tax shall be imposed by this section after 
December 31, 2031.''.
            (2) Imported substances.--Section 4671(e) of the Internal 
        Revenue Code of 1986 is amended to read as follows:

[[Page 135 STAT. 1329]]

    ``(e) Termination.--No tax shall be imposed by this section after 
December 31, 2031.''.
    (b) Modification of Rates.--
            (1) In general.--Section 4661(b) of the Internal Revenue 
        Code of 1986 <<NOTE: 26 USC 4661.>>  is amended to read as 
        follows:

    ``(b) Amount of Tax.--The amount of tax imposed by subsection (a) 
shall be determined in accordance with the following table:


------------------------------------------------------------------------
                                                The tax is the following
              ``In the case of:                     amount per ton:
------------------------------------------------------------------------
Acetylene....................................                      $9.74
Benzene......................................                       9.74
Butane.......................................                       9.74
Butylene.....................................                       9.74
Butadiene....................................                       9.74
Ethylene.....................................                       9.74
Methane......................................                       6.88
Napthalene...................................                       9.74
Propylene....................................                       9.74
Toluene......................................                       9.74
Xylene.......................................                       9.74
Ammonia......................................                       5.28
Antimony.....................................                       8.90
Antimony trioxide............................                       7.50
Arsenic......................................                       8.90
Arsenic trioxide.............................                       6.82
Barium sulfide...............................                       4.60
Bromine......................................                       8.90
Cadmium......................................                       8.90
Chlorine.....................................                       5.40
Chromium.....................................                       8.90
Chromite.....................................                       3.04
Potassium dichromate.........................                       3.38
Sodium dichromate............................                       3.74
Cobalt.......................................                       8.90
Cupric sulfate...............................                       3.74
Cupric oxide.................................                       7.18
Cuprous oxide................................                       7.94
Hydrochloric acid............................                       0.58
Hydrogen fluoride............................                       8.46
Lead oxide...................................                       8.28
Mercury......................................                       8.90
Nickel.......................................                       8.90
Phosphorus...................................                       8.90
Stannous chloride............................                       5.70
Stannic chloride.............................                       4.24
Zinc chloride................................                       4.44
Zinc sulfate.................................                       3.80
Potassium hydroxide..........................                       0.44
Sodium hydroxide.............................                       0.56
Sulfuric acid................................                       0.52
Nitric acid..................................                   0.48.''.
------------------------------------------------------------------------


''.
[[Page 135 STAT. 1330]]

            (2) Rate on taxable substances where importer does not 
        furnish information to the secretary.--Section 4671(b)(2) of 
        such Code <<NOTE: 26 USC 4671.>>  is amended by striking ``5 
        percent'' and inserting ``10 percent''.

    (c) Rules Relating to Taxable Substances.--
            (1) Modification of determination of taxable substances.--
        Section 4672(a)(2)(B) of the Internal Revenue Code of 1986 is 
        amended by striking ``50 percent'' each place it appears and 
        inserting ``20 percent''.
            (2) <<NOTE: 26 USC 4672 note.>>  Presumption as a taxable 
        substance for prior determinations.--Except as otherwise 
        determined by the Secretary of the Treasury (or the Secretary's 
        delegate), any substance which was determined to be a taxable 
        substance by reason of section 4672(a)(2) of the Internal 
        Revenue Code of 1986 prior to the date of enactment of this Act 
        shall continue to be treated as a taxable substance for purposes 
        of such section after such date.
            (3) <<NOTE: 26 USC 4672 note.>>  Publication of initial 
        list.--Not later than January 1, 2022, the Secretary of the 
        Treasury (or the Secretary's delegate) shall publish an initial 
        list of taxable substances under section 4672(a) of the Internal 
        Revenue Code of 1986.

    (d) <<NOTE: 26 USC 4661 note.>>  Effective Date.--The amendments 
made by this section shall take effect on July 1, 2022.

                      TITLE III--CUSTOMS USER FEES

SEC. 80301. EXTENSION OF CUSTOMS USER FEES.

    (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
            (1) in subparagraph (A), by striking ``September 30, 2030'' 
        and inserting ``September 30, 2031''; and
            (2) in subparagraph (B)(i), by striking ``September 30, 
        2030'' and inserting ``September 30, 2031''.

    (b) Rate for Merchandise Processing Fees.--Section 503 of the United 
States-Korea Free Trade Agreement Implementation Act (Public Law 112-41; 
19 U.S.C. 3805 note) is amended by striking ``September 30, 2030'' and 
inserting ``September 30, 2031''.

                        TITLE IV--BOND PROVISIONS

SEC. 80401. PRIVATE ACTIVITY BONDS FOR QUALIFIED BROADBAND 
                            PROJECTS.

    (a) In General.--Section 142(a) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 142.>>  is amended by striking ``or'' at the end of 
paragraph (14), by striking the period at the end of paragraph (15) and 
inserting ``, or'', and by adding at the end the following new 
paragraph:
            ``(16) qualified broadband projects.''.

    (b) Qualified Broadband Projects.--Section 142 of such Code is 
amended by adding at the end the following new subsection:
    ``(n) Qualified Broadband Project.--
            ``(1) In general.--For purposes of subsection (a)(16), the 
        term `qualified broadband project' means any project which--
                    ``(A) is designed to provide broadband service 
                solely to 1 or more census block groups in which more 
                than

[[Page 135 STAT. 1331]]

                50 percent of residential households do not have access 
                to fixed, terrestrial broadband service which delivers 
                at least 25 megabits per second downstream and at least 
                3 megabits service upstream, and
                    ``(B) results in internet access to residential 
                locations, commercial locations, or a combination of 
                residential and commercial locations at speeds not less 
                than 100 megabits per second for downloads and 20 
                megabits for second for uploads, but only if at least 90 
                percent of the locations provided such access under the 
                project are locations where, before the project, a 
                broadband service provider--
                          ``(i) did not provide service, or
                          ``(ii) did not provide service meeting the 
                      minimum speed requirements described in 
                      subparagraph (A).
            ``(2) Notice to broadband providers.--A project shall not be 
        treated as a qualified broadband project unless, before the 
        issue date of any issue the proceeds of which are to be used to 
        fund the project, the issuer--
                    ``(A) notifies each broadband service provider 
                providing broadband service in the area within which 
                broadband services are to be provided under the project 
                of the project and its intended scope,
                    ``(B) includes in such notice a request for 
                information from each such provider with respect to the 
                provider's ability to deploy, manage, and maintain a 
                broadband network capable of providing gigabit capable 
                Internet access to residential or commercial locations, 
                and
                    ``(C) <<NOTE: Time period.>>  allows each such 
                provider at least 90 days to respond to such notice and 
                request.''.

    (c) Partial Exception From Volume Cap.--
            (1) In general.--Section 146(g) of the Internal Revenue Code 
        of 1986 <<NOTE: 26 USC 146.>>  is amended by striking ``and'' at 
        the end of paragraph (3), by striking the period at the end of 
        paragraph (4) and inserting ``, and'', and by inserting 
        immediately after paragraph (4) the following new paragraph:
            ``(5) 75 percent of any exempt facility bond issued as part 
        of an issue described in paragraph (16) of section 142(a) 
        (relating to qualified broadband projects).''.
            (2) Government-owned projects.--The last sentence of section 
        146(g) of such Code is amended by striking ``Paragraph (4)'' and 
        inserting ``Paragraphs (4) and (5)''.

    (d) <<NOTE: 26 USC 142 note.>>  Effective Date.--The amendments made 
by this section shall apply to obligations issued in calendar years 
beginning after the date of the enactment of this Act.
SEC. 80402. CARBON DIOXIDE CAPTURE FACILITIES.

    (a) In General.--Section 142(a) of the Internal Revenue Code of 
1986, as amended by section 80401, is amended by striking ``or'' at the 
end of paragraph (15), by striking the period at the end of paragraph 
(16) and inserting ``, or'', and by adding at the end the following new 
paragraph:
            ``(17) qualified carbon dioxide capture facilities.''.

    (b) Qualified Carbon Dioxide Capture Facilities.--Section 142 of 
such Code, as amended by section 80401, is amended by adding at the end 
the following new subsection:
    ``(o) Qualified Carbon Dioxide Capture Facility.--

[[Page 135 STAT. 1332]]

            ``(1) In general.--For purposes of subsection (a)(17), the 
        term `qualified carbon dioxide capture facility' means--
                    ``(A) the eligible components of an industrial 
                carbon dioxide facility, and
                    ``(B) a direct air capture facility (as defined in 
                section 45Q(e)(1)).
            ``(2) Definitions.--For purposes of this subsection:
                    ``(A) Eligible component.--
                          ``(i) In general.--The term `eligible 
                      component' means any equipment which is installed 
                      in an industrial carbon dioxide facility that 
                      satisfies the requirements under paragraph (3) and 
                      which is--
                                    ``(I) used for the purpose of 
                                capture, treatment and purification, 
                                compression, transportation, or on-site 
                                storage of carbon dioxide produced by 
                                the industrial carbon dioxide facility, 
                                or
                                    ``(II) integral or functionally 
                                related and subordinate to a process 
                                which converts a solid or liquid product 
                                from coal, petroleum residue, biomass, 
                                or other materials which are recovered 
                                for their energy or feedstock value into 
                                a synthesis gas composed primarily of 
                                carbon dioxide and hydrogen for direct 
                                use or subsequent chemical or physical 
                                conversion.
                          ``(ii) Definitions.--For purposes of this 
                      subparagraph--
                                    ``(I) Biomass.--
                                            ``(aa) In general.--The term 
                                        `biomass' means any--
                                                ``(AA) agricultural or 
                                            plant waste,
                                                ``(BB) byproduct of wood 
                                            or paper mill operations, 
                                            including lignin in spent 
                                            pulping liquors, and
                                                ``(CC) other products of 
                                            forestry maintenance.
                                            ``(bb) Exclusion.--The term 
                                        `biomass' does not include paper 
                                        which is commonly recycled.
                                    ``(II) Coal.--The term `coal' means 
                                anthracite, bituminous coal, 
                                subbituminous coal, lignite, and peat.
                    ``(B) Industrial carbon dioxide facility.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), the term `industrial carbon dioxide 
                      facility' means a facility that emits carbon 
                      dioxide (including from any fugitive emissions 
                      source) that is created as a result of any of the 
                      following processes:
                                    ``(I) Fuel combustion.
                                    ``(II) Gasification.
                                    ``(III) Bioindustrial.
                                    ``(IV) Fermentation.
                                    ``(V) Any manufacturing industry 
                                relating to--
                                            ``(aa) chemicals,
                                            ``(bb) fertilizers,
                                            ``(cc) glass,
                                            ``(dd) steel,
                                            ``(ee) petroleum residues,

[[Page 135 STAT. 1333]]

                                            ``(ff) forest products,
                                            ``(gg) agriculture, 
                                        including feedlots and dairy 
                                        operations, and
                                            ``(hh) transportation grade 
                                        liquid fuels.
                          ``(ii) Exceptions.--For purposes of clause 
                      (i), an industrial carbon dioxide facility shall 
                      not include--
                                    ``(I) any geological gas facility, 
                                or
                                    ``(II) any air separation unit 
                                that--
                                            ``(aa) does not qualify as 
                                        gasification equipment, or
                                            ``(bb) is not a necessary 
                                        component of an oxy-fuel 
                                        combustion process.
                          ``(iii) Definitions.--For purposes of this 
                      subparagraph--
                                    ``(I) Petroleum residue.--The term 
                                `petroleum residue' means the carbonized 
                                product of high-boiling hydrocarbon 
                                fractions obtained in petroleum 
                                processing.
                                    ``(II) Geological gas facility.--The 
                                term `geological gas facility' means a 
                                facility that--
                                            ``(aa) produces a raw 
                                        product consisting of gas or 
                                        mixed gas and liquid from a 
                                        geological formation,
                                            ``(bb) transports or removes 
                                        impurities from such product, or
                                            ``(cc) separates such 
                                        product into its constituent 
                                        parts.
            ``(3) Special rule for facilities with less than 65 percent 
        capture and storage percentage.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                eligible components of an industrial carbon dioxide 
                facility satisfies the requirements of this paragraph if 
                such eligible components are designed to have a capture 
                and storage percentage (as determined under subparagraph 
                (C)) that is equal to or greater than 65 percent.
                    ``(B) Exception.--In the case of an industrial 
                carbon dioxide facility designed with a capture and 
                storage percentage that is less than 65 percent, the 
                percentage of the cost of the eligible components 
                installed in such facility that may be financed with 
                tax-exempt bonds may not be greater than the designed 
                capture and storage percentage.
                    ``(C) Capture and storage percentage.--
                          ``(i) In general.--Subject to clause (ii), the 
                      capture and storage percentage shall be an amount, 
                      expressed as a percentage, equal to the quotient 
                      of--
                                    ``(I) the total metric tons of 
                                carbon dioxide designed to be annually 
                                captured, transported, and injected 
                                into--
                                            ``(aa) a facility for 
                                        geologic storage, or
                                            ``(bb) an enhanced oil or 
                                        gas recovery well followed by 
                                        geologic storage, divided by
                                    ``(II) the total metric tons of 
                                carbon dioxide which would otherwise be 
                                released into the atmosphere each year 
                                as industrial emission of greenhouse gas 
                                if the eligible components were

[[Page 135 STAT. 1334]]

                                not installed in the industrial carbon 
                                dioxide facility.
                          ``(ii) Limited application of eligible 
                      components.--In the case of eligible components 
                      that are designed to capture carbon dioxide solely 
                      from specific sources of emissions or portions 
                      thereof within an industrial carbon dioxide 
                      facility, the capture and storage percentage under 
                      this subparagraph shall be determined based only 
                      on such specific sources of emissions or portions 
                      thereof.
            ``(4) <<NOTE: Determination.>>  Regulations.--The Secretary 
        shall issue such regulations or other guidance as are necessary 
        to carry out the provisions of this subsection, including 
        methods for determining costs attributable to an eligible 
        component for purposes of paragraph (3)(A).''.

    (c) Volume Cap.--Section 146(g) of such Code, as amended by section 
80401, <<NOTE: 26 USC 146.>>  is amended by striking ``and'' at the end 
of paragraph (4), by striking the period at the end of paragraph (5) and 
inserting ``, and'', and by inserting immediately after paragraph (5) 
the following new paragraph:
            ``(6) 75 percent of any exempt facility bond issued as part 
        of an issue described in paragraph (17) of section 142(a) 
        (relating to qualified carbon dioxide capture facilities).''.

    (d) Clarification of Private Business Use.--Section 141(b)(6) of 
such Code is amended by adding at the end the following new 
subparagraph:
                    ``(C) Clarification relating to qualified carbon 
                dioxide capture facilities.--For purposes of this 
                subsection, the sale of carbon dioxide produced by a 
                qualified carbon dioxide capture facility (as defined in 
                section 142(o)) which is owned by a governmental unit 
                shall not constitute private business use.''.

    (e) Coordination With Credit for Carbon Oxide Sequestration.--
Section 45Q(f) of such Code is amended by adding at the end the 
following new paragraph:
            ``(3) Credit reduced for certain tax-exempt bonds.--The 
        amount of the credit determined under subsection (a) with 
        respect to any project for any taxable year shall be reduced by 
        the amount which is the product of the amount so determined for 
        such year and the lesser of \1/2\ or a fraction--
                    ``(A) the numerator of which is the sum, for the 
                taxable year and all prior taxable years, of the 
                proceeds from an issue described in section 142(a)(17) 
                used to provide financing for the project the interest 
                on which is exempt from tax under section 103, and
                    ``(B) the denominator of which is the aggregate 
                amount of additions to the capital account for the 
                project for the taxable year and all prior taxable 
                years.
        The amounts under the preceding sentence for any taxable year 
        shall be determined as of the close of the taxable year.''.

    (f) <<NOTE: 26 USC 45Q note.>>  Effective Date.--The amendments made 
by this section shall apply to obligations issued after December 31, 
2021.

[[Page 135 STAT. 1335]]

SEC. 80403. INCREASE IN NATIONAL LIMITATION AMOUNT FOR QUALIFIED 
                            HIGHWAY OR SURFACE FREIGHT 
                            TRANSPORTATION FACILITIES.

    (a) In General.--Section 142(m)(2)(A) of the Internal Revenue Code 
of 1986 <<NOTE: 26 USC 142.>>  is amended by striking 
``$15,000,000,000'' and inserting ``$30,000,000,000''.

    (b) <<NOTE: 26 USC 142 note.>>  Effective Date.--The amendment made 
by this section shall apply to bonds issued after the date of the 
enactment of this Act.

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

SEC. 80501. MODIFICATION OF AUTOMATIC EXTENSION OF CERTAIN 
                            DEADLINES IN THE CASE OF TAXPAYERS 
                            AFFECTED BY FEDERALLY DECLARED 
                            DISASTERS.

    (a) In General.--Section 7508A(d) of the Internal Revenue Code of 
1986 is amended--
            (1) in paragraph (1)--
                    (A) by striking ``the latest incident date so 
                specified'' in subparagraph (B) and inserting ``the 
                later of such earliest incident date described in 
                subparagraph (A) or the date such declaration was 
                issued'', and
                    (B) by striking ``in the same manner as a period 
                specified under subsection (a)'' and inserting ``in 
                determining, under the internal revenue laws, in respect 
                of any tax liability of such qualified taxpayer, whether 
                any of the acts described in subparagraphs (A) through 
                (F) of section 7508(a)(1) were performed within the time 
                prescribed therefor (determined without regard to 
                extension under any other provision of this subtitle for 
                periods after the date determined under subparagraph 
                (B))'',
            (2) by striking paragraph (3) and inserting the following:
            ``(3) <<NOTE: Definition.>>  Disaster area.--For purposes of 
        this subsection, the term `disaster area' means an area in which 
        a major disaster for which the President provides financial 
        assistance under section 408 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5174) occurs.'', 
        and
            (3) by adding at the end the following:
            ``(6) <<NOTE: Time period. Determination.>>  Multiple 
        declarations.--For purposes of paragraph (1), in the case of 
        multiple declarations relating to a disaster area which are 
        issued within a 60-day period, a separate period shall be 
        determined under such paragraph with respect to each such 
        declaration.''.

    (b) <<NOTE: 26 USC 7508A note.>>  Effective Date.--The amendment 
made by this section shall apply to federally declared disasters 
declared after the date of enactment of this Act.
SEC. 80502. MODIFICATIONS OF RULES FOR POSTPONING CERTAIN ACTS BY 
                            REASON OF SERVICE IN COMBAT ZONE OR 
                            CONTINGENCY OPERATION.

    (a) In General.--Section 7508(a)(1) of the Internal Revenue Code of 
1986 is amended--

[[Page 135 STAT. 1336]]

            (1) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) Filing a petition with the Tax Court, or 
                filing a notice of appeal from a decision of the Tax 
                Court;'', and
            (2) by inserting ``or in respect of any erroneous refund'' 
        after ``any tax'' in subparagraph (J).

    (b) <<NOTE: 26 USC 7508 note.>>  Effective Date.--The amendments 
made by this section shall apply to any period for performing an act 
which has not expired before the date of the enactment of this Act.
SEC. 80503. TOLLING OF TIME FOR FILING A PETITION WITH THE TAX 
                            COURT.

    (a) In General.--Section 7451 of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 7451.>>  is amended--
            (1) by striking ``The Tax Court'' and inserting the 
        following:

    ``(a) Fees.--The Tax Court'', and
            (2) by adding at the end the following new subsection:

    ``(b) Tolling of Time in Certain Cases.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title, in any case (including by reason of a lapse in 
        appropriations) in which a filing location is inaccessible or 
        otherwise unavailable to the general public on the date a 
        petition is due, the relevant time period for filing such 
        petition shall be tolled for the number of days within the 
        period of inaccessibility plus an additional 14 days.
            ``(2) Filing location.--For purposes of this subsection, the 
        term `filing location' means--
                    ``(A) the office of the clerk of the Tax Court, or
                    ``(B) any on-line portal made available by the Tax 
                Court for electronic filing of petitions.''.

    (b) Conforming Amendments.--
            (1) The heading for section 7451 of the Internal Revenue 
        Code of 1986 is amended by striking ``fee for filing petition'' 
        and inserting ``petitions''.
            (2) The item in the table of contents for part II of 
        subchapter C of chapter 76 of such Code <<NOTE: 26 USC 7451 
        prec.>>  is amended by striking ``Fee for filing petition'' and 
        inserting ``Petitions''.

    (c) <<NOTE: 26 USC 7451 note.>>  Effective Date.--The amendments 
made by this section shall apply to petitions required to be timely 
filed (determined without regard to the amendments made by this section) 
after the date of enactment of this Act.
SEC. 80504. AUTHORITY TO POSTPONE CERTAIN TAX DEADLINES BY REASON 
                            OF SIGNIFICANT FIRES.

    (a) In General.--Section 7508A of the Internal Revenue Code of 1986 
is amended--
            (1) by inserting ``, a significant fire,'' after ``federally 
        declared disaster (as defined in section 165(i)(5)(A))'' in 
        subsection (a),
            (2) by inserting ``, fire,'' after ``disaster'' each place 
        it appears in subsections (a)(1) and (b), and
            (3) by adding at the end the following new subsection:

    ``(e) Significant Fire.--For purposes of this section, the term 
`significant fire' means any fire with respect to which assistance is 
provided under section 420 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act.''.
    (b) Conforming Amendments.--

[[Page 135 STAT. 1337]]

            (1) The heading of section 7508A of the Internal Revenue 
        Code of 1986 <<NOTE: 26 USC 7508A.>>  is amended by striking 
        ``presidentially declared disaster'' and inserting ``federally 
        declared disaster, significant fire,''.
            (2) The item relating to section 7508A in the table of 
        sections for chapter 77 of such Code <<NOTE: 26 USC 7501 
        prec.>>  is amended by striking ``Presidentially declared 
        disaster'' and inserting ``Federally declared disaster, 
        significant fire,''.

    (c) <<NOTE: 26 USC 7508A note.>>  Effective Date.--The amendments 
made by this section shall apply to fires for which assistance is 
provided after the date of the enactment of this Act.

                       TITLE VI--OTHER PROVISIONS

SEC. 80601. MODIFICATION OF TAX TREATMENT OF CONTRIBUTIONS TO THE 
                            CAPITAL OF A CORPORATION.

    (a) In General.--Section 118 of the Internal Revenue Code of 1986 is 
amended--
            (1) in subsection (b), by inserting ``except as provided in 
        subsection (c),'' after ``For purposes of subsection (a),'',
            (2) by redesignating subsection (d) as subsection (e), and
            (3) by striking subsection (c) and inserting the following:

    ``(c) Special Rules for Water and Sewerage Disposal Utilities.--
            ``(1) <<NOTE: Definition.>>  General rule.--For purposes of 
        this section, the term `contribution to the capital of the 
        taxpayer' includes any amount of money or other property 
        received from any person (whether or not a shareholder) by a 
        regulated public utility which provides water or sewerage 
        disposal services if--
                    ``(A) such amount is--
                          ``(i) a contribution in aid of construction, 
                      or
                          ``(ii) a contribution to the capital of such 
                      utility by a governmental entity providing for the 
                      protection, preservation, or enhancement of 
                      drinking water or sewerage disposal services,
                    ``(B) in the case of a contribution in aid of 
                construction which is property other than water or 
                sewerage disposal facilities, such amount meets the 
                requirements of the expenditure rule of paragraph (2), 
                and
                    ``(C) such amount (or any property acquired or 
                constructed with such amount) is not included in the 
                taxpayer's rate base for ratemaking purposes.
            ``(2) Expenditure rule.--An amount meets the requirements of 
        this paragraph if--
                    ``(A) an amount equal to such amount is expended for 
                the acquisition or construction of tangible property 
                described in section 1231(b)--
                          ``(i) which is the property for which the 
                      contribution was made or is of the same type as 
                      such property, and
                          ``(ii) which is used predominantly in the 
                      trade or business of furnishing water or sewerage 
                      disposal services,
                    ``(B) the expenditure referred to in subparagraph 
                (A) occurs before the end of the second taxable year 
                after the year in which such amount was received, and

[[Page 135 STAT. 1338]]

                    ``(C) accurate records are kept of the amounts 
                contributed and expenditures made, the expenditures to 
                which contributions are allocated, and the year in which 
                the contributions and expenditures are received and 
                made.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) <<NOTE: Regulations.>>  Contribution in aid of 
                construction.--The term `contribution in aid of 
                construction' shall be defined by regulations prescribed 
                by the Secretary, except that such term shall not 
                include amounts paid as service charges for starting or 
                stopping services.
                    ``(B) Predominantly.--The term `predominantly' means 
                80 percent or more.
                    ``(C) Regulated public utility.--The term `regulated 
                public utility' has the meaning given such term by 
                section 7701(a)(33), except that such term shall not 
                include any utility which is not required to provide 
                water or sewerage disposal services to members of the 
                general public in its service area.
            ``(4) Disallowance of deductions and credits; adjusted 
        basis.--Notwithstanding any other 
        provision <<NOTE: Applicability.>>  of this subtitle, no 
        deduction or credit shall be allowed for, or by reason of, any 
        expenditure which constitutes a contribution in aid of 
        construction to which this subsection applies. The adjusted 
        basis of any property acquired with contributions in aid of 
        construction to which this subsection applies shall be zero.

    ``(d) <<NOTE: Assessment. Time period.>>  Statute of Limitations.--
If the taxpayer for any taxable year treats an amount as a contribution 
to the capital of the taxpayer described in subsection (c)(1)(A)(i), 
then--
            ``(1) the statutory period for the assessment of any 
        deficiency attributable to any part of such amount shall not 
        expire before the expiration of 3 years from the date the 
        Secretary is notified by the taxpayer (in such manner as the 
        Secretary may prescribe) of--
                    ``(A) the amount of the expenditure referred to in 
                subparagraph (A) of subsection (c)(2),
                    ``(B) the taxpayer's intention not to make the 
                expenditures referred to in such subparagraph, or
                    ``(C) a failure to make such expenditure within the 
                period described in subparagraph (B) of subsection 
                (c)(2), and
            ``(2) such deficiency may be assessed before the expiration 
        of such 3-year period notwithstanding the provisions of any 
        other law or rule of law which would otherwise prevent such 
        assessment.''.

    (b) <<NOTE: 26 USC 118 note.>>  Effective Date.--The amendments made 
by this section shall apply to contributions made after December 31, 
2020.
SEC. 80602. EXTENSION OF INTEREST RATE STABILIZATION.

    (a) Funding Stabilization Under the Internal Revenue Code of 1986.--
The table in subclause (II) of section 430(h)(2)(C)(iv) of the Internal 
Revenue Code of 1986 <<NOTE: 26 USC 430.>>  is amended to read as 
follows:


[[Page 135 STAT. 1339]]



----------------------------------------------------------------------------------------------------------------
                                            The applicable minimum
      ``If the calendar year is:                percentage is:           The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
Any year in the period starting in      90%..........................  110%
 2012 and ending in 2019.
Any year in the period starting in      95%..........................  105%
 2020 and ending in 2030.
2031..................................  90%..........................  110%
2032..................................  85%..........................  115%
2033..................................  80%..........................  120%
2034..................................  75%..........................  125%
After 2034............................  70%..........................  130%.''.
----------------------------------------------------------------------------------------------------------------


    (b) Funding Stabilization Under Employee Retirement Income Security 
Act of 1974.--
            (1) In general.--The table in subclause (II) of section 
        303(h)(2)(C)(iv) of the Employee Retirement Income Security Act 
        of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)) is amended to read as 
        follows:


----------------------------------------------------------------------------------------------------------------
                                            The applicable minimum
      ``If the calendar year is:                percentage is:           The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
Any year in the period starting in      90%..........................  110%
 2012 and ending in 2019.
Any year in the period starting in      95%..........................  105%
 2020 and ending in 2030.
2031..................................  90%..........................  110%
2032..................................  85%..........................  115%
2033..................................  80%..........................  120%
2034..................................  75%..........................  125%
After 2034............................  70%..........................  130%.''.
----------------------------------------------------------------------------------------------------------------


            (2) Conforming amendments.--
                    (A) In general.--Section 101(f)(2)(D) of such Act 
                (29 U.S.C. 1021(f)(2)(D)) is amended--
                          (i) in clause (i), by striking ``and the 
                      American Rescue Plan Act of 2021'' both places it 
                      appears and inserting ``, the American Rescue Plan 
                      Act of 2021, and the Infrastructure Investment and 
                      Jobs Act'', and
                          (ii) in clause (ii), by striking ``2029'' and 
                      inserting ``2034''.
                    (B) <<NOTE: 29 USC 1021 note.>>  Statements.--The 
                Secretary of Labor shall modify the statements required 
                under subclauses (I) and (II) of section 101(f)(2)(D)(i) 
                of such Act to conform to the amendments made by this 
                section.

    (c) <<NOTE: 26 USC 430 note.>>  Effective Date.--The amendments made 
by this section shall apply with respect to plan years beginning after 
December 31, 2021.
SEC. 80603. INFORMATION REPORTING FOR BROKERS AND DIGITAL ASSETS.

    (a) Clarification of Definition of Broker.--Section 6045(c)(1) of 
the Internal Revenue Code of 1986 <<NOTE: 26 USC 6045.>>  is amended--
            (1) by striking ``and'' at the end of subparagraph (B),

[[Page 135 STAT. 1340]]

            (2) in subparagraph (C)--
                    (A) by striking ``any other person who (for a 
                consideration)'' and inserting ``any person who (for 
                consideration)'', and
                    (B) by striking the period at the end and inserting 
                ``, and'', and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) any person who (for consideration) is 
                responsible for regularly providing any service 
                effectuating transfers of digital assets on behalf of 
                another person.''.

    (b) Reporting of Digital Assets.--
            (1) Brokers.--
                    (A) Treatment as specified security.--Section 
                6045(g)(3)(B) of the Internal Revenue Code of 
                1986 <<NOTE: 26 USC 6045.>>  is amended by striking 
                ``and'' at the end of clause (iii), by redesignating 
                clause (iv) as clause (v), and by inserting after clause 
                (iii) the following new clause:
                          ``(iv) any digital asset, and''.
                    (B) Definition of digital asset.--Section 6045(g)(3) 
                of such Code is amended by adding at the end the 
                following new subparagraph:
                    ``(D) Digital asset.--Except as otherwise provided 
                by the Secretary, the term `digital asset' means any 
                digital representation of value which is recorded on a 
                cryptographically secured distributed ledger or any 
                similar technology as specified by the Secretary.''.
                    (C) Applicable date.--Section 6045(g)(3)(C) of such 
                Code is amended--
                          (i) in clause (ii), by striking ``and'' at the 
                      end,
                          (ii) by redesignating clause (iii) as clause 
                      (iv), and
                          (iii) by inserting after clause (ii) the 
                      following:
                          ``(iii) January 1, 2023, in the case of any 
                      specified security which is a digital asset, 
                      and''.
            (2) Furnishing of information.--
                    (A) In general.--Section 6045A of such Code is 
                amended--
                          (i) in subsection (a), by striking ``a 
                      security which is'', and
                          (ii) by adding at the end the following:

    ``(d) Return Requirement for Certain Transfers of Digital Assets Not 
Otherwise Subject to Reporting.--Any broker, <<NOTE: Determination.>>  
with respect to any transfer (which is not part of a sale or exchange 
executed by such broker) during a calendar year of a covered security 
which is a digital asset from an account maintained by such broker to an 
account which is not maintained by, or an address not associated with, a 
person that such broker knows or has reason to know is also a broker, 
shall make a return for such calendar year, in such form as determined 
by the Secretary, showing the information otherwise required to be 
furnished with respect to transfers subject to subsection (a).''.
                    (B) Reporting penalties.--Section 6724(d)(1)(B) of 
                such Code is amended by striking ``or'' at the end of 
                clause (xxv), by striking ``and'' at the end of clause 
                (xxvi), and by inserting after clause (xxvi) the 
                following new clause:
                          ``(xxvii) section 6045A(d) (relating to 
                      returns for certain digital assets),''.

[[Page 135 STAT. 1341]]

            (3) Treatment as cash for purposes of section 6050i.--
        Section 6050I(d) of such Code <<NOTE: 26 USC 6050I.>>  is 
        amended by striking ``and'' at the end of paragraph (1), by 
        striking the period at the end of paragraph (2) and inserting 
        ``, and'', and by inserting after paragraph (2) the following 
        new paragraph:
            ``(3) any digital asset (as defined in section 
        6045(g)(3)(D)).''.

    (c) <<NOTE: 26 USC 6045 note.>>  Effective Date.--The amendments 
made by this section shall apply to returns required to be filed, and 
statements required to be furnished, after December 31, 2023.

    (d) <<NOTE: 26 USC 6045 note.>>  Rule of Construction.--Nothing in 
this section or the amendments made by this section shall be construed 
to create any inference, for any period prior to the effective date of 
such amendments, with respect to--
            (1) whether any person is a broker under section 6045(c)(1) 
        of the Internal Revenue Code of 1986, or
            (2) whether any digital asset is property which is a 
        specified security under section 6045(g)(3)(B) of such Code.
SEC. 80604. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR EMPLOYERS 
                            SUBJECT TO CLOSURE DUE TO COVID-19.

    (a) In General.--Section 3134 of the Internal Revenue Code of 1986 
is amended--
            (1) in subsection (c)(5)--
                    (A) in subparagraph (A), by adding ``and'' at the 
                end,
                    (B) in subparagraph (B), by striking ``, and'' at 
                the end and inserting a period, and
                    (C) by striking subparagraph (C), and
            (2) in subsection (n), by striking ``January 1, 2022'' and 
        inserting ``October 1, 2021 (or, in the case of wages paid by an 
        eligible employer which is a recovery startup business, January 
        1, 2022)''.

    (b) <<NOTE: 26 USC 3134 note.>>  Effective Date.--The amendments 
made by this section shall apply to calendar quarters beginning after 
September 30, 2021.

                        DIVISION I--OTHER MATTERS

SEC. 90001. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH FISCAL 
                            YEAR 2031.

    Section 251A(6) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 901a(6)) is amended--
            (1) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``2030'' and inserting ``2031''; and
            (2) in subparagraph (C)--
                    (A) in the matter preceding clause (i), by striking 
                ``2030'' and inserting ``2031'';
                    (B) in clause (i)--
                          (i) by striking ``5 \1/2\'' and inserting 
                      ``6'';
                          (ii) by striking ``2.0'' and inserting 
                      ``4.0''; and
                          (iii) by striking the semicolon at the end and 
                      inserting ``; and'';
                    (C) in clause (ii)--
                          (i) by striking ``6-month period beginning on 
                      the day after the last day of the period described 
                      in clause (i)'' and inserting ``second 6 months'';
                          (ii) by striking ``4.0'' and inserting ``0''; 
                      and

[[Page 135 STAT. 1342]]

                          (iii) by striking ``; and'' and inserting a 
                      period; and
                    (D) by striking clause (iii).
SEC. 90002. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.

    (a) <<NOTE: 42 USC 6241 note.>>  Drawdown and Sale.--
            (1) In general.--Notwithstanding section 161 of the Energy 
        Policy and Conservation Act (42 U.S.C. 6241), except as provided 
        in subsections (b) and (c), the Secretary of Energy shall draw 
        down and sell from the Strategic Petroleum Reserve 87,600,000 
        barrels of crude oil during the period of fiscal years 2028 
        through 2031.
            (2) Timing.--Subject to paragraph (1) and subsection (c)(1), 
        in determining the timing of each drawdown and sale from the 
        Strategic Petroleum Reserve during the period of fiscal years 
        2028 through 2031 under paragraph (1), to the maximum extent 
        practicable, the Secretary shall maximize the financial return 
        to the United States taxpayers.
            (3) Deposit of amounts received from sale.--Amounts received 
        from a sale under paragraph (1) shall be deposited in the 
        general fund of the Treasury during the fiscal year in which the 
        sale occurs.
            (4) SPR petroleum account.--The Secretary of the Treasury 
        shall deposit in the SPR Petroleum Account established under 
        section 167(a) of the Energy Policy and Conservation Act (42 
        U.S.C. 6247(a)) $43,500,000, to be used to carry out paragraph 
        (1) in accordance with section 167 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6247).

    (b) Emergency Protection.--The Secretary of Energy shall not draw 
down and sell crude oil under subsection (a) in a quantity that would 
limit the authority to sell petroleum products under subsection (h) of 
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) 
in the full quantity authorized by that subsection.
    (c) Limitations.--
            (1) In general.--The Secretary of Energy shall not draw down 
        or conduct sales of crude oil under subsection (a) after the 
        date on which a total of $6,100,000,000 has been deposited in 
        the general fund of the Treasury from sales authorized under 
        that subsection.
            (2) Minimum volume.--Section 161(h)(2) of the Energy Policy 
        and Conservation Act (42 U.S.C. 6241(h)(2)) is amended by 
        striking ``340,000,000'' each place it appears and inserting 
        ``252,400,000''.
SEC. 90003. FINDINGS REGARDING UNUSED UNEMPLOYMENT INSURANCE 
                            FUNDS.

    Congress finds the following:
            (1) On July 16, 2021, the Congressional Budget Office (in 
        this section referred to as ``CBO'') reduced its projected cost 
        of the extension of expanded unemployment compensation as 
        enacted in the American Rescue Plan Act of 2021 (P.L. 117-2).
            (2) CBO budget projections included mandatory outlays for 
        the expansion totaling $144,000,000,000 in 2021 and 
        $8,000,000,000 in 2022. That estimated cost is $50,000,000,000 
        less in 2021, and $3,000,000,000 less in 2022, than anticipated 
        in CBO's March 2021 cost estimate.

[[Page 135 STAT. 1343]]

            (3) CBO reduced its projections of those costs for two major 
        reasons. First, several States have announced that they are 
        discontinuing one or more of the components of expanded 
        unemployment compensation before the expansion's authorization 
        ends in September 2021. In its original estimate, CBO projected 
        that all States would participate in the programs until 
        September. Second, because of the improving economy, the agency 
        has lowered its forecast of the unemployment rate, resulting in 
        fewer projected beneficiaries for the programs, which also 
        reduced projected costs.
            (4) It is estimated that there are approximately 
        $53,000,000,000 in savings from the amounts in the Treasury 
        originally estimated to be spent on unemployment insurance funds 
        (under the provisions of subtitle A of title II of division A of 
        the CARES Act) not used by the States.
SEC. 90004. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE 
                            CONTAINER OR SINGLE-USE PACKAGE DRUGS 
                            PAYABLE UNDER PART B OF THE MEDICARE 
                            PROGRAM TO PROVIDE REFUNDS WITH 
                            RESPECT TO DISCARDED AMOUNTS OF SUCH 
                            DRUGS.

    Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is 
amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following new 
        subsection:

    ``(h) Refund for Certain Discarded Single-dose Container or Single-
use Package Drugs.--
            ``(1) Secretarial provision of information.--
                    ``(A) <<NOTE: Effective date.>>  In general.--For 
                each calendar quarter beginning on or after January 1, 
                2023, the Secretary shall, with respect to a refundable 
                single-dose container or single-use package drug (as 
                defined in paragraph (8)), report to each manufacturer 
                (as defined in subsection (c)(6)(A)) of such refundable 
                single-dose container or single-use package drug the 
                following for the calendar quarter:
                          ``(i) <<NOTE: Determination.>>  Subject to 
                      subparagraph (C), information on the total number 
                      of units of the billing and payment code of such 
                      drug, if any, that were discarded during such 
                      quarter, as determined using a mechanism such as 
                      the JW modifier used as of the date of enactment 
                      of this subsection (or any such successor modifier 
                      that includes such data as determined appropriate 
                      by the Secretary).
                          ``(ii) The refund amount that the manufacturer 
                      is liable for pursuant to paragraph (3).
                    ``(B) Determination of discarded amounts.--For 
                purposes of subparagraph (A)(i), with respect to a 
                refundable single-dose container or single-use package 
                drug furnished during a quarter, the amount of such drug 
                that was discarded shall be determined based on the 
                amount of such drug that was unused and discarded for 
                each drug on the date of service.
                    ``(C) Exclusion of units of packaged drugs.--The 
                total number of units of the billing and payment code of 
                a refundable single-dose container or single-use package 
                drug of a manufacturer furnished during a calendar 
                quarter

[[Page 135 STAT. 1344]]

                for purposes of subparagraph (A)(i), and the 
                determination of the estimated total allowed charges for 
                the drug in the quarter for purposes of paragraph 
                (3)(A)(ii), shall not include such units that are 
                packaged into the payment amount for an item or service 
                and are not separately payable.
            ``(2) <<NOTE: Effective date.>>  Manufacturer requirement.--
        For each calendar quarter beginning on or after January 1, 2023, 
        the manufacturer of a refundable single-dose container or 
        single-use package drug shall, for such drug, provide to the 
        Secretary a refund that is equal to the amount specified in 
        paragraph (3) for such drug for such quarter.
            ``(3) Refund amount.--
                    ``(A) <<NOTE: Effective date.>>  In general.--The 
                amount of the refund specified in this paragraph is, 
                with respect to a refundable single-dose container or 
                single-use package drug of a manufacturer assigned to a 
                billing and payment code for a calendar quarter 
                beginning on or after January 1, 2023, an amount equal 
                to the estimated amount (if any) by which--
                          ``(i) the product of--
                                    ``(I) the total number of units of 
                                the billing and payment code for such 
                                drug that were discarded during such 
                                quarter (as determined under paragraph 
                                (1)); and
                                    ``(II)(aa) in the case of a 
                                refundable single-dose container or 
                                single-use package drug that is a single 
                                source drug or biological, the amount of 
                                payment determined for such drug or 
                                biological under subsection (b)(1)(B) 
                                for such quarter; or
                                    ``(bb) in the case of a refundable 
                                single-dose container or single-use 
                                package drug that is a biosimilar 
                                biological product, the amount of 
                                payment determined for such product 
                                under subsection (b)(1)(C) for such 
                                quarter; exceeds
                          ``(ii) an amount equal to the applicable 
                      percentage (as defined in subparagraph (B)) of the 
                      estimated total allowed charges for such drug 
                      under this part during the quarter.
                    ``(B) Applicable percentage defined.--
                          ``(i) In general.--For purposes of 
                      subparagraph (A)(ii), the term `applicable 
                      percentage' means--
                                    ``(I) subject to subclause (II), 10 
                                percent; and
                                    ``(II) if applicable, in the case of 
                                a refundable single-dose container or 
                                single-use package drug described in 
                                clause (ii), a percentage specified by 
                                the Secretary pursuant to such clause.
                          ``(ii) Treatment of drugs that have unique 
                      circumstances.--In the 
                      case <<NOTE: Notice. Regulations. Determination.>> 
                       of a refundable single-dose container or single-
                      use package drug that has unique circumstances 
                      involving similar loss of product as that 
                      described in paragraph (8)(B)(ii), the Secretary, 
                      through notice and comment rulemaking, may 
                      increase the applicable percentage otherwise 
                      applicable under clause (i)(I) as determined 
                      appropriate by the Secretary.

[[Page 135 STAT. 1345]]

            ``(4) <<NOTE: Determination.>>  Frequency.--Amounts required 
        to be refunded pursuant to paragraph (2) shall be paid in 
        regular intervals (as determined appropriate by the Secretary).
            ``(5) Refund deposits.--Amounts paid as refunds pursuant to 
        paragraph (2) shall be deposited into the Federal Supplementary 
        Medical Insurance Trust Fund established under section 1841.
            ``(6) Enforcement.--
                    ``(A) Audits.--
                          ``(i) Manufacturer audits.--Each manufacturer 
                      of a refundable single-dose container or single-
                      use package drug that is required to provide a 
                      refund under this subsection shall be subject to 
                      periodic audit with respect to such drug and such 
                      refunds by the Secretary.
                          ``(ii) Provider audits.--The Secretary shall 
                      conduct periodic audits of claims submitted under 
                      this part with respect to refundable single-dose 
                      container or single-use package drugs in 
                      accordance with the authority under section 
                      1833(e) to ensure compliance with the requirements 
                      applicable under this subsection.
                    ``(B) Civil money penalty.--
                          ``(i) In general.--The Secretary shall impose 
                      a civil money penalty on a manufacturer of a 
                      refundable single-dose container or single-use 
                      package drug who has failed to comply with the 
                      requirement under paragraph (2) for such drug for 
                      a calendar quarter in an amount equal to the sum 
                      of--
                                    ``(I) the amount that the 
                                manufacturer would have paid under such 
                                paragraph with respect to such drug for 
                                such quarter; and
                                    ``(II) 25 percent of such amount.
                          ``(ii) Application.--The provisions of section 
                      1128A (other than subsections (a) and (b)) shall 
                      apply to a civil money penalty under this 
                      subparagraph in the same manner as such provisions 
                      apply to a penalty or proceeding under section 
                      1128A(a).
            ``(7) <<NOTE: Notice. Regulations.>>  Implementation.--The 
        Secretary shall implement this subsection through notice and 
        comment rulemaking.
            ``(8) Definition of refundable single-dose container or 
        single-use package drug.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in this subsection, the term 
                `refundable single-dose container or single-use package 
                drug' means a single source drug or biological (as 
                defined in section 1847A(c)(6)(D)) or a biosimilar 
                biological product (as defined in section 
                1847A(c)(6)(H)) for which payment is made under this 
                part and that is furnished from a single-dose container 
                or single-use package.
                    ``(B) Exclusions.--The term `refundable single-dose 
                container or single-use package drug' does not include--
                          ``(i) a drug or biological that is either a 
                      radiopharmaceutical or an imaging agent;
                          ``(ii) a drug or biological approved by the 
                      Food and Drug Administration for which dosage and 
                      administration instructions included in the 
                      labeling

[[Page 135 STAT. 1346]]

                      require filtration during the drug preparation 
                      process, prior to dilution and administration, and 
                      require that any unused portion of such drug after 
                      the filtration process be discarded after the 
                      completion of such filtration process; or
                          ``(iii) <<NOTE: Effective date. Time 
                      period.>>  a drug or biological approved by the 
                      Food and Drug Administration on or after the date 
                      of enactment of this subsection and with respect 
                      to which payment has been made under this part for 
                      fewer than 18 months.
            ``(9) Report to congress.--Not later than 3 years after the 
        date of enactment of this subsection, the Office of the 
        Inspector General, after consultation with the Centers for 
        Medicare & Medicaid Services and the Food and Drug 
        Administration, shall submit to the Committee on Finance of the 
        Senate and the Committee on Energy and Commerce and the 
        Committee on Ways and Means of the House of Representatives, a 
        report on any impact this section is reported to have on the 
        licensure, market entry, market retention, or marketing of 
        biosimilar biological products. Such report shall be updated 
        periodically at the direction of the Committee on Finance of the 
        Senate and the Committee on Energy and Commerce and the 
        Committee on Ways and Means of the House of Representatives.''.
SEC. 90005. EXTENSION OF ENTERPRISE GUARANTEE FEES.

    Section 1327(f) of the Federal Housing Enterprises Financial Safety 
and Soundness Act of 1992 (12 U.S.C. 4547(f)) is amended by striking 
``2021'' and inserting ``2032''.
SEC. 90006. <<NOTE: 42 USC 1320a-7b note.>>  MORATORIUM ON 
                            IMPLEMENTATION OF RULE RELATING TO 
                            ELIMINATING THE ANTI-KICKBACK STATUTE 
                            SAFE HARBOR PROTECTION FOR 
                            PRESCRIPTION DRUG REBATES.

    Notwithstanding any other provision of law, the Secretary of Health 
and Human Services shall not, prior to January 1, 2026, implement, 
administer, or enforce the provisions of the final rule published by the 
Office of the Inspector General of the Department of Health and Human 
Services on November 30, 2020, and titled ``Fraud and Abuse; Removal of 
Safe Harbor Protection for Rebates Involving Prescription 
Pharmaceuticals and Creation of New Safe Harbor Protection for Certain 
Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and 
Certain Pharmacy Benefit Manager Service Fees'' (85 Fed. Reg. 76666).
SEC. 90007. RESCISSION OF COVID-19 APPROPRIATIONS.

    (a) Economic Injury Disaster Loan Subsidy.--
            (1) Rescission.--Of the unobligated balances from amounts 
        made available under the heading ``Small Business 
        Administration--Disaster Loans Program Account'' in title II of 
        division B of the Paycheck Protection Program and Health Care 
        Enhancement Act (Public Law 116-139), $13,500,000,000 are 
        permanently rescinded.
            (2) Designation.--The amount rescinded pursuant to paragraph 
        (1) that was previously designated by the Congress as an 
        emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
        Balanced Budget and Emergency Deficit Control Act

[[Page 135 STAT. 1347]]

        of 1985 is designated by the Congress as an emergency 
        requirement pursuant to section 4112(a) of H. Con. Res. 71 
        (115th Congress), the concurrent resolution on the budget for 
        fiscal year 2018, and to section 251(b) of the Balanced Budget 
        and Emergency Deficit Control Act of 1985.

    (b) Targeted EIDL Advance.--
            (1) Of the unobligated balances from amounts made available 
        under the heading ``Small Business Administration--Targeted EIDL 
        Advance'' in section 323(d)(1)(D) of division N of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-260), 
        $17,578,000,000 are permanently rescinded.
            (2) Of the unobligated balances from amounts made available 
        in section 5002(b) of the American Rescue Plan Act of 2021 
        (Public Law 117-2)--
                    (A) amounts may be transferred to and merged with 
                ``Small Business Administration--Disaster Loans Program 
                Account'' for the cost of direct loans authorized under 
                section 7(b) of the Small Business Act (15 U.S.C. 
                636(b));
                    (B) not more than $500,000,000 may be transferred to 
                ``Small Business Administration--Salaries and Expenses'' 
                for necessary expenses, not otherwise provided for, of 
                the Small Business Administration; and
                    (C) not more than $992,000,000 may be transferred 
                to, and merged with, ``Small Business Administration--
                Business Loans Program Account'' for the cost of 
                guaranteed loans as authorized by paragraphs (1) through 
                (35) of section 7(a) of the Small Business Act (15 
                U.S.C. 636(a)), including the cost of carrying out 
                sections 326, 327, and 328 of division N of the 
                Consolidated Appropriations Act, 2021 (Public Law 116-
                260).

    (c) Economic Stabilization Program.--Of the unobligated balances 
from amounts made available in section 4027(a) of the Coronavirus Aid, 
Relief, and Economic Security Act (15 U.S.C. 9601), $1,366,100,000 are 
permanently rescinded.
    (d) Business Loans Program Account.--
            (1) Of the unobligated balances from amounts made available 
        under the heading ``Small Business Administration--Business 
        Loans Program Account, CARES Act'' in section 1107(a)(1) of the 
        Coronavirus Aid, Relief, and Economic Security Act (Public Law 
        116-136), as amended by section 101(a)(2) of division A of the 
        Paycheck Protection Program and Health Care Enhancement Act 
        (Public Law 116-139), and in section 323(d)(1)(A) of division N 
        of the Consolidated Appropriations Act, 2021 (Public Law 116-
        260) for carrying out paragraphs (36) and (37) of section 7(a) 
        of the Small Business Act (15 U.S.C. 636(a)), $4,684,000,000 are 
        permanently rescinded.
            (2) Of the unobligated balances from amounts made available 
        under the heading ``Small Business Administration--Business 
        Loans Program Account'' in section 323(d)(1)(F) of division N of 
        the Consolidated Appropriations Act, 2021 (Public Law 116-260), 
        $992,000,000 are permanently rescinded.

    (e) Pandemic Relief for Aviation Workers, Coronavirus Aid, Relief, 
and Economic Security Act (CARES Act).--Of the unobligated balances from 
amounts made available in section 4120 of the Coronavirus Aid, Relief, 
and Economic Security Act (15 U.S.C. 9080), $3,000,000,000 are 
permanently rescinded.
    (f) Education Stabilization Fund.--

[[Page 135 STAT. 1348]]

            (1) Rescission.--Of the unobligated balances from amounts 
        made available under the heading ``Education Stabilization 
        Fund'' in title VIII of division B of the Coronavirus Aid, 
        Relief, and Economic Security Act (Public Law 116-136) and in 
        title III of division M of the Consolidated Appropriations Act, 
        2021 (Public Law 116-260) that were reserved for the Higher 
        Education Emergency Relief Fund by sections 18004(a)(1) and 
        18004(a)(2) of division B of the Coronavirus Aid, Relief, and 
        Economic Security Act (Public Law 116-136) and sections 
        314(a)(1), 314(a)(2), and 314(a)(4) of division M of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-260), 
        $353,400,000 are permanently rescinded.
            (2) Designation.--The amount rescinded pursuant to paragraph 
        (1) that was previously designated by the Congress as an 
        emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985 is 
        designated by the Congress as an emergency requirement pursuant 
        to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
        concurrent resolution on the budget for fiscal year 2018, and to 
        section 251(b) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985.

    (g) Small Business Administration, Salaries and Expenses.--
            (1) Rescission.--Of the unobligated balances from amounts 
        made available under the heading ``Small Business 
        Administration--Salaries and Expenses'' in section 1107(a)(2) of 
        the Coronavirus Aid, Relief, and Economic Security Act (Public 
        Law 116-136), in title II of division B of the Paycheck 
        Protection Program and Health Care Enhancement Act (Public Law 
        116-139), and in section 323(d)(1)(C) of division N of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-260), 
        $175,000,000 are permanently rescinded.
            (2) Designation.--The amount rescinded pursuant to paragraph 
        (1) that was previously designated by the Congress as an 
        emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985 is 
        designated by the Congress as an emergency requirement pursuant 
        to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
        concurrent resolution on the budget for fiscal year 2018, and to 
        section 251(b) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985.

    (h) Pandemic Relief for Aviation Workers.--Of the unobligated 
balances from amounts made available in section 411 of subtitle A of 
title IV of division N of the Consolidated Appropriations Act, 2021 (15 
U.S.C. 9101), $200,000,000 are permanently rescinded.
SEC. 90008. <<NOTE: 47 USC 921 note.>>  SPECTRUM AUCTIONS.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Covered band.--The term ``covered band'' means the band 
        of frequencies between 3100 and 3450 megahertz.
            (3) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Armed Services of the House of 
                Representatives;

[[Page 135 STAT. 1349]]

                    (C) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.

    (b) 3.1-3.45 GHz Band.--
            (1) Pre-auction funding.--
                    (A) <<NOTE: Effective date. Transfer authority.>>  
                In general.--On the date of enactment of this Act, the 
                Director of the Office of Management and Budget shall 
                transfer $50,000,000 from the Spectrum Relocation Fund 
                established under section 118 of the National 
                Telecommunications and Information Administration Act 
                (47 U.S.C. 928) to the Department of Defense for the 
                purpose of research and development, engineering 
                studies, economic analyses, activities with respect to 
                systems, or other planning activities to improve 
                efficiency and effectiveness of the spectrum use of the 
                Department of Defense in order to make available 
                electromagnetic spectrum in the covered band--
                          (i) for reallocation for shared Federal and 
                      non-Federal commercial licensed use; and
                          (ii) for auction under paragraph (3) of this 
                      subsection.
                    (B) Exemption.--Section 118(g) of the National 
                Telecommunications and Information Administration 
                Organization Act (47 U.S.C. 928(g)) shall not apply with 
                respect to the payment required under subparagraph (A).
                    (C) Report to secretary of commerce.--For purposes 
                of paragraph (2)(A), the Secretary of Defense shall 
                report to the Secretary of Commerce the findings of the 
                planning activities described in subparagraph (A) of 
                this paragraph.
            (2) <<NOTE: Determinations.>>  Identification.--
                    (A) <<NOTE: Coordination.>>  In general.--Not later 
                than 21 months after the date of enactment of this Act, 
                in accordance with the findings of the planning 
                activities described in paragraph (1)(A) and subject to 
                the determination of the Secretary of Defense under 
                subparagraph (B) of this paragraph, the Secretary of 
                Commerce, in coordination with the Secretary of Defense, 
                the Director of the Office of Science and Technology 
                Policy, and relevant congressional committees, shall--
                          (i) determine which frequencies of 
                      electromagnetic spectrum in the covered band could 
                      be made available on a shared basis between 
                      Federal use and non-Federal commercial licensed 
                      use, subject to flexible-use service rules; and
                          (ii) submit to the President and the 
                      Commission a report that identifies the 
                      frequencies determined appropriate under clause 
                      (i).
                    (B) Required determination.--The Secretary of 
                Commerce may identify frequencies under subparagraph 
                (A)(ii) only if the Secretary of Defense has determined 
                that sharing those frequencies with non-Federal users 
                would not impact the primary mission of military 
                spectrum users in the covered band.
            (3) <<NOTE: Consultation.>>  Auction.--Not earlier than 
        November 30, 2024, the Commission, in consultation with the 
        Assistant Secretary of

[[Page 135 STAT. 1350]]

        Commerce for Communications and Information, shall begin a 
        system of competitive bidding under section 309(j) of the 
        Communications Act of 1934 (47 U.S.C. 309(j)) to grant new 
        licenses for the spectrum identified under paragraph (2)(A)(ii) 
        of this subsection.
            (4) <<NOTE: Deadline.>>  Sharing of spectrum.--Not earlier 
        than May 31, 2025, the President shall modify any assignment to 
        a Federal Government station of the frequencies identified under 
        clause (ii) of paragraph (2)(A) in order to accommodate shared 
        Federal and non-Federal commercial licensed use in accordance 
        with that paragraph.
            (5) Auction proceeds to cover 110 percent of federal 
        relocation or sharing costs.--Nothing in this subsection shall 
        be construed to relieve the Commission from the requirements 
        under section 309(j)(16)(B) of the Communications Act of 1934 
        (47 U.S.C. 309(j)(16)(B)).

    (c) FCC Auction Authority.--
            (1) Termination.--Section 309(j)(11) of the Communications 
        Act of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting after 
        ``2025'' the following: ``, and with respect to the 
        electromagnetic spectrum identified under section 
        90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs 
        Act, such authority shall expire on the date that is 7 years 
        after the date of enactment of that Act''.
            (2) Spectrum pipeline act of 2015.--Section 1006(c)(1) of 
        the Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 
        624) is amended by striking ``2022'' and inserting ``2024''.

  DIVISION <<NOTE: Infrastructure Investments and Jobs Appropriations 
Act. Time periods.>>  J--APPROPRIATIONS

     That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2022, and for other purposes, namely:

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

                        DEPARTMENT OF AGRICULTURE

                FARM PRODUCTION AND CONSERVATION PROGRAMS

                 Natural Resources Conservation Service

                watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'', $500,000,000, to remain available until expended:  
Provided, That <<NOTE: Deadline. Spend plan. List.>>  not later than 90 
days after the date of enactment of this Act, the Secretary of 
Agriculture shall submit to the House and Senate Committees on 
Appropriations a detailed spend plan, including a list of project 
locations and project cost:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 135 STAT. 1351]]

                    watershed rehabilitation program

    For an additional amount for ``Watershed Rehabilitation Program'', 
$118,000,000, to remain available until expended:  Provided, That not 
later <<NOTE: Deadline. Spend plan. List.>>  than 90 days after the date 
of enactment of this Act, the Secretary of Agriculture shall submit to 
the House and Senate Committees on Appropriations a detailed spend plan, 
including a list of project locations and project cost:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 emergency watershed protection program

    For an additional amount for ``Emergency Watershed Protection 
Program'' to repair damages to the waterways and watersheds resulting 
from natural disasters, $300,000,000, to remain available until 
expended:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                       RURAL DEVELOPMENT PROGRAMS

                         Rural Utilities Service

         distance learning, telemedicine, and broadband program

    For an additional amount for ``Rural Utilities Service--Distance 
Learning, Telemedicine, and Broadband Program'', $2,000,000,000, to 
remain available until expended:  Provided, That of the funds made 
available under this heading in this Act, $74,000,000 shall be for the 
cost of broadband loans, as authorized by section 601 of the Rural 
Electrification Act:  Provided further, That, of the funds made 
available under this heading in this Act, $1,926,000,000 shall be for 
the broadband loan and grant pilot program established by section 779 of 
Public Law 115-141 under the Rural Electrification Act of 1936, as 
amended (7 U.S.C. 901 et seq.):  Provided further, That at least 50 
percent of the households to be served by a project receiving a loan or 
grant from funds provided under the preceding proviso shall be in a 
rural area, as defined in section 601(b)(3) of the Rural Electrification 
Act, without sufficient access to broadband defined for such funds as 
having speeds of not less than 25 megabits per second downloads and 3 
megabits per second uploads:  Provided further, That 10 percent of the 
amounts made available under this heading in this Act for the pilot 
program shall be set aside for service areas where at least 90 percent 
of households to be served by a project receiving a loan or grant are in 
a rural area without sufficient access to broadband, as defined in the 
preceding proviso:  Provided further, That, to the extent possible, 
projects receiving funds provided under this heading in this Act for the 
pilot program must build out service to at least 100 megabits per second 
downloads and 20 megabits per second uploads:  Provided further, 
That, <<NOTE: Determination.>>  in administering the pilot program under 
this heading in this Act, the Secretary of Agriculture

[[Page 135 STAT. 1352]]

may, for purposes of determining entities eligible to receive 
assistance, consider those communities which are ``Areas Rural in 
Character'', as defined in section 343(a)(13)(D) of the Consolidated 
Farm and Rural Development Act:  Provided further, That not more than 
$50,000,000 of the funds made available under this heading in this Act 
for the pilot program may be used for the purpose of the preceding 
proviso:  Provided further, That pole attachment fees and replacements 
charged by electric cooperatives for the shared use of their utility 
poles shall be an eligible use of funds provided under this heading in 
this Act for the pilot program to enable the deployment of broadband in 
rural areas: <<NOTE: Waiver.>>   Provided further, That the Secretary 
shall waive any matching funds required for pilot program projects 
funded from amounts provided under this heading in this Act for Alaska 
Native Corporations for federally-recognized Tribes, on substantially 
underserved Trust areas, as defined in 7 U.S.C. 936f(a)(2), and 
residents of a rural area that was recognized as a colonia as of October 
1, 1989, and for projects in which 75 percent of the service area is a 
persistent poverty county or counties:  Provided further, 
That <<NOTE: Definition.>>  for purposes of the preceding proviso, the 
term ``persistent poverty counties'' means any county that has had 20 
percent or more of its population living in poverty over the past 30 
years, as measured by the 1990 and 2000 decennial censuses, and 2007-
2011 American Community Survey 5-6 year average, or any territory or 
possession of the United States:  Provided further, That, in addition to 
other funds available for such purpose, not more than four percent of 
the amounts provided under this heading in this Act shall be for 
administrative costs to carry out the pilot program and broadband loans: 
 Provided further, That up to three percent of the amounts provided 
under this heading in this Act shall be for technical assistance and 
predevelopment planning activities to support rural communities, of 
which $5,000,000 shall have a priority for the establishment and growth 
of cooperatives to offer broadband, which shall be transferred to and 
merged with the appropriation for ``Rural Development, Salaries and 
Expenses'':  Provided further, That the Secretary of Agriculture shall 
collaborate, to the extent practicable, with the Commissioner of the 
Federal Communications Commission and the Assistant Secretary for 
Communications and Information at the National Telecommunications and 
Information Administration to carry out the amounts provided under this 
heading in this Act for the pilot program:  Provided further, 
That <<NOTE: Transfer authority.>>  the Secretary may transfer funds 
provided under this heading in this Act between broadband loans, as 
authorized by section 601 of the Rural Electrification Act, and the 
pilot program to accommodate demand: <<NOTE: Advance 
notice. Approval.>>   Provided further, That no funds shall be 
transferred pursuant to the preceding proviso until the Secretary 
notifies in writing and receives approval from the Committees on 
Appropriations and Agriculture of both Houses of Congress at least 30 
days in advance of the transfer of such funds or the use of such 
authority:  Provided further, That for purposes of the amounts provided 
under this heading in this Act for the pilot program, the Secretary 
shall adhere to the notice, reporting, and service area assessment 
requirements set forth in section 701(a)-(d) of the Rural 
Electrification Act (7 U.S.C. 950cc(a)-(d)):  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section

[[Page 135 STAT. 1353]]

4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                      GENERAL PROVISION--THIS TITLE

    Sec. 101.  In addition to amounts otherwise made available for such 
purpose, there is hereby appropriated $10,000,000, to remain available 
until expended, to carry out section 70501 of division G of this Act:  
Provided, That $5,000,000, to remain available until expended, shall be 
made available for fiscal year 2022 and $5,000,000, to remain available 
until expended, shall be made available for fiscal year 2023:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

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

                         DEPARTMENT OF COMMERCE

       National Telecommunications and Information Administration

            broadband equity, access, and deployment program

                      (including transfer of funds)

    For an additional amount for ``Broadband Equity, Access, and 
Deployment Program'', $42,450,000,000, to remain available until 
expended, for grants as authorized under section 60102 of division F of 
this Act:  Provided, That <<NOTE: Deadline. Spend plan.>>  not later 
than 90 days after the date of enactment of this Act, the Secretary of 
Commerce shall submit to the House and Senate Committees on 
Appropriations a detailed spend plan for fiscal year 2022:  Provided 
further, That up to 2 percent of the amounts made available under this 
heading in this Act in fiscal year 2022 shall be for salaries and 
expenses, administration, and oversight, of which $12,000,000 shall be 
transferred to the Office of Inspector General of the Department of 
Commerce for oversight of funding provided to the National 
Telecommunications and Information Administration in this title in this 
Act:  Provided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                       broadband connectivity fund

    For an additional amount for ``Broadband Connectivity Fund'', 
$2,000,000,000, to remain available until expended, for grants for the 
Tribal Broadband Connectivity Program, as authorized under section 
905(c) of division N of the Consolidated Appropriations Act, 2021 
(Public Law 116-260), as amended by section 60201

[[Page 135 STAT. 1354]]

of division F this Act:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                             digital equity

                      (including transfer of funds)

    For an additional amount for ``Digital Equity'', $2,750,000,000, to 
remain available until expended, for competitive grants as authorized 
under sections 60304 and 60305 of division F of this Act:  Provided, 
That of the amount provided under this heading in this Act--
            (1) $550,000,000, to remain available until expended, shall 
        be made available for fiscal year 2022, of which $60,000,000 is 
        for the award of grants under section 60304 (c)(3) of division F 
        of this Act, $240,000,000 is for the award of grants under 
        section 60304(d) of division F of this Act, and $250,000,000 is 
        for the award of grants under section 60305 of division F of 
        this Act;
            (2) $550,000,000, to remain available until expended, shall 
        be made available for fiscal year 2023, of which $300,000,000 is 
        for the award of grants under section 60304(d) of division F of 
        this Act and $250,000,000 is for the award of grants under 
        section 60305 of division F of this Act;
            (3) $550,000,000, to remain available until expended, shall 
        be made available for fiscal year 2024, of which $300,000,000 is 
        for the award of grants under section 60304(d) of division F of 
        this Act and $250,000,000 is for the award of grants under 
        section 60305 of division F of this Act;
            (4) $550,000,000, to remain available until expended, shall 
        be made available for fiscal year 2025, of which $300,000,000 is 
        for the award of grants under section 60304(d) of division F of 
        this Act and $250,000,000 is for the award of grants under 
        section 60305 of division F of this Act; and
            (5) $550,000,000, to remain available until expended, shall 
        be made available for fiscal year 2026, of which $300,000,000 is 
        for the award of grants under section 60304(d) of division F of 
        this Act and $250,000,000 is for the award of grants under 
        section 60305 of division F of this Act:

  Provided further, That <<NOTE: Notices. Deadline.>>  the Secretary 
shall issue notices of funding opportunity not later than 180 days after 
each date upon which funds are made available under the preceding 
proviso:  Provided further, That <<NOTE: Deadline.>>  the Secretary 
shall make awards not later than 270 days after issuing the notices of 
funding opportunity required under the preceding proviso:  Provided 
further, That up to 2 percent of the amounts made available in each 
fiscal year shall be for salaries and expenses, administration, and 
oversight, of which $1,000,000 in each of fiscal years 2022 through 2026 
shall be transferred to the Office of Inspector General of the 
Department of Commerce for oversight of funding provided to the National 
Telecommunications and Information Administration in this title in this 
Act:  Provided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a)

[[Page 135 STAT. 1355]]

of H. Con. Res. 71 (115th Congress), the concurrent resolution on the 
budget for fiscal year 2018, and to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                         middle mile deployment

                      (including transfer of funds)

    For an additional amount for ``Middle Mile Deployment'', 
$1,000,000,000, to remain available September 30, 2026, for competitive 
grants as authorized under section 60401 of division F of this Act:  
Provided, That <<NOTE: Notices. Deadline.>>  the Secretary of Commerce 
shall issue notices of funding opportunity not later than 180 days after 
the date of enactment of this Act:  Provided further, 
That <<NOTE: Deadline.>>  the Secretary of Commerce shall make awards 
not later than 270 days after issuing the notices of funding opportunity 
required under the preceding proviso:  Provided further, That up to 2 
percent of the amounts made available under this heading in this Act 
shall be for salaries and expenses, administration, and oversight, 
during fiscal years 2022 through 2026 of which $1,000,000 shall be 
transferred to the Office of Inspector General of the Department of 
Commerce for oversight of funding provided to the National 
Telecommunications and Information Administration in this title in this 
Act:  Provided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

             National Oceanic and Atmospheric Administration

                   operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'', $2,611,000,000, to remain available until September 30, 
2027:  Provided, That $557,250,000, to remain available until September 
30, 2023, shall be made available for fiscal year 2022, $515,584,000, to 
remain available until September 30, 2024, shall be made available for 
fiscal year 2023, $515,583,000, to remain available until September 30, 
2025, shall be made available for fiscal year 2024, $515,583,000, to 
remain available until September 30, 2026, shall be made available for 
fiscal year 2025, and $507,000,000, to remain available until September 
30, 2027, shall be made available for fiscal year 2026:  Provided 
further, That of the funds made available under this heading in this 
Act, the following amounts shall be for the following purposes in equal 
amounts for each of fiscal years 2022 through 2026, including for 
administrative costs, technical support, and oversight, unless stated 
otherwise--
            (1) $492,000,000 shall be for National Oceans and Coastal 
        Security Fund grants, as authorized under section 906(c) of 
        division O of Public Law 114-113;
            (2) $491,000,000 shall be for contracts, grants, and 
        cooperative agreements to provide funding and technical 
        assistance for purposes of restoring marine, estuarine, coastal, 
        or Great Lakes ecosystem habitat, or constructing or protecting 
        ecological features that protect coastal communities from 
        flooding or coastal storms;

[[Page 135 STAT. 1356]]

            (3) $492,000,000 shall be for coastal and inland flood and 
        inundation mapping and forecasting, and next-generation water 
        modeling activities, including modernized precipitation 
        frequency and probable maximum studies;
            (4) $25,000,000 shall be for data acquisition activities 
        pursuant to section 511(b) of the Water Resources Development 
        Act of 2020 (division AA of Public Law 116-260), of which 
        $8,334,000 shall be available in fiscal year 2023 and $8,333,000 
        shall be available in each of fiscal years 2024 and 2025;
            (5) $50,000,000 shall be for wildfire prediction, detection, 
        observation, modeling, and forecasting, for fiscal year 2022;
            (6) $1,000,000 shall be for the study of soil moisture and 
        snowpack monitoring network in the Upper Missouri River Basin 
        pursuant to section 511(b)(3) of the Water Resources Development 
        Act of 2020 (division AA of Public Law 116-260), in equal 
        amounts for each of fiscal years 2022 through 2025;
            (7) $150,000,000 shall be for marine debris assessment, 
        prevention, mitigation, and removal;
            (8) $50,000,000 shall be for marine debris prevention and 
        removal through the National Sea Grant College Program (33 
        U.S.C. 1121 et seq.);
            (9) $207,000,000 shall be for habitat restoration projects 
        pursuant to section 310 of the Coastal Zone Management Act (16 
        U.S.C. 1456c), including ecosystem conservation pursuant to 
        section 12502 of the Omnibus Public Land Management Act of 2009 
        (16 U.S.C. 1456-1), notwithstanding subsection (g) of that 
        section;
            (10) $77,000,000 shall be for habitat restoration projects 
        through the National Estuarine Research Reserve System (16 
        U.S.C. 1456c), including ecosystem conservation pursuant to 
        section 12502 of the Omnibus Public Land Management Act of 2009 
        (16 U.S.C. 1456-1);
            (11) $100,000,000 shall be for supporting improved and 
        enhanced coastal, ocean, and Great Lakes observing systems;
            (12) $56,000,000 shall be for established Regional Ocean 
        Partnerships (ROPs) to coordinate the interstate and intertribal 
        management of ocean and coastal resources and to implement their 
        priority actions, including to enhance associated sharing and 
        integration of Federal and non-Federal data by ROPs, or their 
        equivalent;
            (13) $20,000,000 shall be for consultations and permitting 
        related to the Endangered Species Act, the Marine Mammal 
        Protection Act, and Essential Fish Habitat; and
            (14) $400,000,000 shall be for restoring fish passage by 
        removing in-stream barriers and providing technical assistance 
        pursuant to section 117 of the Magnuson-Stevens Fishery 
        Conservation and Management Reauthorization Act of 2006 (16 
        U.S.C. 1891a), of which up to 15 percent shall be reserved for 
        Indian Tribes or partnerships of Indian Tribes in conjunction 
        with an institution of higher education, non-profit, commercial 
        (for profit) organizations, U.S. territories, and state or local 
        governments, and of which the remaining amount shall be for all 
        eligible entities, including Indian Tribes and such partnerships 
        of Indian Tribes:

  Provided further, That <<NOTE: Definition.>>  under this heading the 
term Indian Tribe shall have the meaning given to the term in section 4 
of the

[[Page 135 STAT. 1357]]

Indian Self-Determination and Education Act (25 U.S.C. 5304):  Provided 
further, That nothing under this heading in this Act shall be construed 
as providing any new authority to remove, breach, or otherwise alter the 
operations of a Federal hydropower dam and dam removal projects shall 
include written consent of the dam owner, if ownership is 
established: <<NOTE: Consultation.>>   Provided further, That amounts 
made available under this heading in this Act may be used for 
consultations and permitting related to the Endangered Species Act and 
the Marine Mammal Protection Act for projects funded under this heading 
in this Act:  Provided further, That <<NOTE: Deadline. Spend plan.>>  
not later than 90 days after the date of enactment of this Act, the 
National Oceanic and Atmospheric Administration shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a detailed spend plan for fiscal year 2022:  Provided further, 
That <<NOTE: Spend plan.>>  for each of fiscal years 2023 through 2026, 
as part of the annual budget submission of the President under section 
1105(a) of title 31, United States Code, the Secretary of Commerce shall 
submit a detailed spend plan for that fiscal year:  Provided further, 
That <<NOTE: Waiver.>>  the Secretary may waive or reduce the required 
non-Federal share for amounts made available under this heading in this 
Act:  Provided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                procurement, acquisition and construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'', $180,000,000, to remain available until September 30, 
2024, as follows:
            (1) $50,000,000 shall be for observation and dissemination 
        infrastructure used for wildfire prediction, detection, and 
        forecasting;
            (2) $80,000,000 shall be for research supercomputing 
        infrastructure used for weather and climate model development to 
        improve drought, flood, and wildfire prediction, detection, and 
        forecasting; and
            (3) $50,000,000 shall be for coastal, ocean, and Great Lakes 
        observing systems:

  Provided, That <<NOTE: Deadline. Spend plan.>>  not later than 90 days 
after the date of enactment of this Act, the National Oceanic and 
Atmospheric Administration shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a detailed 
spend plan:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     pacific coastal salmon recovery

    For an additional amount for ``Pacific Coastal Salmon Recovery'', 
$172,000,000, to remain available until September 30, 2027:  Provided, 
That $34,400,000, to remain available until September 30, 2023, shall be 
made available for fiscal year 2022, $34,400,000, to remain available 
until September 30, 2024, shall

[[Page 135 STAT. 1358]]

be made available for fiscal year 2023, $34,400,000, to remain available 
until September 30, 2025, shall be made available for fiscal year 2024, 
$34,400,000, to remain available until September 30, 2026, shall be made 
available for fiscal year 2025, and $34,400,000, to remain available 
until September 30, 2027, shall be made available for fiscal year 2026:  
Provided, That <<NOTE: Deadline. Spend plan.>>  not later than 90 days 
after the date of enactment of this Act, the National Oceanic and 
Atmospheric Administration shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a spend 
plan for fiscal year 2022:  Provided further, That for <<NOTE: Spend 
plan.>>  each of fiscal years 2023 through 2026, as part of the annual 
budget submission of the President under section 1105(a) of title 31, 
United States Code, the Secretary of Commerce shall submit a detailed 
spend plan for that fiscal year:  Provided further, That the 
Secretary <<NOTE: Waiver.>>  may waive or reduce the required non-
Federal share for amounts made available under this heading in this Act: 
 Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

      TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

                             investigations

    For an additional amount for ``Investigations'', $150,000,000, to 
remain available until expended:  Provided, That of the amount provided 
under this heading in this Act, $30,000,000 shall be used by the 
Secretary of the Army, acting through the Chief of Engineers, to 
undertake work authorized to be carried out in accordance with section 
22 of the Water Resources Development Act of 1974 (Public Law 93-251; 42 
U.S.C. 1962d-16), as amended:  Provided further, That of the amount 
provided under this heading in this Act, $45,000,000 shall be used by 
the Secretary of the Army, acting through the Chief of Engineers, to 
undertake work authorized to be carried out in accordance with section 
206 of the 1960 Flood Control Act (Public Law 86-645), as amended:  
Provided further, That of the amount provided under this heading in this 
Act, $75,000,000 shall be used for necessary expenses related to the 
completion, or initiation and completion, of studies which are 
authorized prior to the date of enactment of this Act, of which 
$30,000,000, to become available on October 1, 2022, shall be used by 
the Secretary of the Army, acting through the Chief of Engineers, to 
complete, or to initiate and complete, studies carried out in accordance 
with section 118 of division AA of the Consolidated Appropriations Act, 
2021 (Public Law 116-260), except that the limitation on the number of 
studies authorized to be carried out under section 118(b) and section 
118(c) shall not apply:  Provided further, That <<NOTE: Deadline. Spend 
plan. List.>>  not later than 60 days after the date of enactment of 
this Act, the Chief of Engineers shall submit to the House and Senate 
Committees on Appropriations a detailed spend plan for the funds 
identified for fiscal year 2022 in the preceding proviso,

[[Page 135 STAT. 1359]]

including a list of project locations and new studies selected to be 
initiated:  Provided further, That <<NOTE: Deadline. Briefing. Plan.>>  
not later than 60 days after the date of enactment of this Act, the 
Chief of Engineers shall provide a briefing to the House and Senate 
Committees on Appropriations on an implementation plan, including a 
schedule for solicitation of projects and expenditure of funds, for the 
funding provided for fiscal year 2023 to undertake work authorized to be 
carried out in accordance with section 118 of division AA of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260):  Provided 
further, That for fiscal year 2023, <<NOTE: Spend plan. List.>>  as part 
of the annual budget submission of the President under section 1105(a) 
of title 31, United States Code, the Chief of Engineers shall submit a 
detailed spend plan for that fiscal year, including a list of project 
locations for the funding provided to undertake work authorized to be 
carried out in accordance with section 118 of division AA of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260):  Provided 
further, That beginning not later than 120 
days <<NOTE: Reports. Studies.>>  after the enactment of this Act, the 
Chief of Engineers shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of the funds provided under this heading 
in this Act, including new studies selected to be initiated using funds 
provided under this heading:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                              construction

    For an additional amount for ``Construction'', $11,615,000,000, to 
remain available until expended:  Provided, That the Secretary may 
initiate additional new construction starts with funds provided under 
this heading in this Act:  Provided further, That the limitation 
concerning total project costs in section 902 of the Water Resources 
Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2280), as amended, 
shall not apply to any project completed using funds provided under this 
heading in this Act:  Provided further, That of the amount provided 
under this heading in this Act, such sums as are necessary to cover the 
Federal share of construction costs for facilities under the Dredged 
Material Disposal Facilities program shall be derived from the general 
fund of the Treasury:  Provided further, That of the amount provided 
under this heading in this Act, $1,500,000,000 shall be for major 
rehabilitation, construction, and related activities for rivers and 
harbors, of which not more than $250,000,000 shall be to undertake work 
at harbors defined by section 2006 of the Water Resources Development 
Act of 2007 (Public Law 110-114, 33 U.S.C. 2242), as amended, and not 
more than $250,000,000 may be for projects determined to require repair 
in the report prepared pursuant to section 1104 of the Water 
Infrastructure Improvements for the Nation Act (Public Law 114-322):  
Provided further, That of the amount provided under this heading in this 
Act, $200,000,000 shall be for water-related environmental 
infrastructure assistance:  Provided further, That of the amount 
provided under this heading in this Act, $2,500,000,000 shall be for 
construction, replacement, rehabilitation, and expansion of inland 
waterways projects:  Provided further, That section 102(a)

[[Page 135 STAT. 1360]]

of the Water Resources Development Act of 1986 (Public Law 99-662; 33 
U.S.C. 2212(a)) and section 109 of the Water Resources Development Act 
of 2020 (Public Law 116-260; 134 Stat. 2624) shall not apply to the 
extent that such projects are carried out using funds provided in the 
preceding proviso:  Provided further, That in using such funds referred 
to in the preceding proviso, the Secretary shall give priority to 
projects included in the Capital Investment Strategy of the Corps of 
Engineers:  Provided further, That of the amount provided under this 
heading in this Act, $465,000,000 shall be used by the Secretary of the 
Army, acting through the Chief of Engineers, to undertake work 
authorized to be carried out in accordance with section 14, as amended, 
of the Flood Control Act of 1946 (33 U.S.C. 701r), section 103, as 
amended, of the River and Harbor Act of 1962 (Public Law 87-874), 
section 107, as amended, of the River and Harbor Act 1960 (Public Law 
86-645), section 204 of the Water Resources Development Act of 1992 (33 
U.S.C. 2326), section 205 of the Flood Control Act of 1948 (33 U.S.C. 
701s), section 206 of the Water Resources Development Act of 1996 
(Public Law 104-303; 33 U.S.C. 2330), section 1135 of the Water 
Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2309a), 
or section 165(a) of division AA of the Consolidated Appropriations Act, 
2021 (Public Law 116-260), notwithstanding the project number or program 
cost limitations set forth in those sections:  Provided further, That of 
the amounts in the preceding proviso, $115,000,000, shall be used under 
the aquatic ecosystem restoration program under section 206 of the Water 
Resources Development Act of 1996 (33 U.S.C. 2330) to restore fish and 
wildlife passage by removing in-stream barriers and provide technical 
assistance to non-Federal interests carrying out such activities, at 
full Federal expense and notwithstanding the individual project cost 
limitation set forth in that section:  Provided further, That the 
amounts provided in the preceding proviso shall not be construed to 
provide any new authority to remove, breach, or otherwise alter the 
operations of a Federal hydropower dam, and do not limit the Secretary 
of the Army, acting through the Chief of Engineers, from allotting 
additional funds from amounts provided under this heading in this Act 
for other purposes allowed under section 206 of the Water Resources 
Development Act of 1996 (33 U.S.C. 2330):  Provided further, That of the 
amount provided under this heading in this Act, $1,900,000,000 shall be 
for aquatic ecosystem restoration projects, of which not less than 
$1,000,000,000 shall be for multi-purpose projects or multi-purpose 
programs that include aquatic ecosystem restoration as a purpose:  
Provided further, That of the amount provided under this heading in this 
Act, $2,550,000,000 shall be for coastal storm risk management, 
hurricane and storm damage reduction projects, and related activities 
targeting States that have been impacted by federally declared disasters 
over the last six years, which may include projects authorized by 
section 116 of Public Law 111-85, of which not less than $1,000,000,000 
shall be for multi-purpose projects or multi-purpose programs that 
include flood risk management benefits as a purpose:  Provided further, 
That of the amount provided in the preceding proviso, $200,000,000 shall 
be for shore protection projects:  Provided further, That of the funds 
in the preceding proviso, $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $50,000,000, to 
remain available until expended, shall be made available for fiscal year 
2023, and

[[Page 135 STAT. 1361]]

$50,000,000, to remain available until expended, shall be made available 
for fiscal year 2024:  Provided further, That of the amount provided 
under this heading in this Act, $2,500,000,000 shall be for inland flood 
risk management projects, of which not less than $750,000,000 shall be 
for multi-purpose projects or multi-purpose programs that include flood 
risk management as a purpose:  Provided further, That in selecting 
projects under the previous proviso, the Secretary of the Army shall 
prioritize projects with overriding life-safety benefits:  Provided 
further, That of the funds in the proviso preceding the preceding 
proviso, the Secretary of the Army shall, to the maximum extent 
practicable, prioritize projects in the work plan that directly benefit 
economically disadvantaged communities, and may take into consideration 
prioritizing projects that benefit areas in which the percentage of 
people that live in poverty or identify as belonging to a minority group 
is greater than the average such percentage in the United States, based 
on data from the Bureau of the Census: <<NOTE: Deadline. Spend 
plan. List.>>   Provided further, That not later than 60 days after the 
date of enactment of this Act, the Chief of Engineers shall submit to 
the House and Senate Committees on Appropriations a detailed spend plan 
for the funds provided under this heading in this Act for each fiscal 
year, including a list of project locations and new construction 
projects selected to be initiated:  Provided further, 
That <<NOTE: Reports.>>  beginning not later than 120 days after the 
enactment of this Act, the Chief of Engineers shall provide a monthly 
report to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the allocation and obligation 
of these funds, including new construction projects selected to be 
initiated using funds provided under this heading in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                    mississippi river and tributaries

    For an additional amount for ``Mississippi River and Tributaries'', 
$808,000,000, to remain available until expended:  Provided, That of the 
amount provided under this heading in this Act, $258,000,000, which 
shall be obligated within 90 days of enactment of this Act, shall be 
used for necessary expenses to address emergency situations at Corps of 
Engineers Federal projects caused by natural disasters:  Provided 
further, That the Secretary may initiate additional new construction 
starts with funds provided under this heading in this Act:  Provided 
further, That the limitation concerning total project costs in section 
902 of the Water Resources Development Act of 1986 (Public Law 99-662; 
33 U.S.C. 2280), as amended, shall not apply to any project receiving 
funds provided under this heading in this Act: <<NOTE: Deadline. Spend 
plan. List.>>   Provided further, That not later than 60 days after the 
date of enactment of this Act, the Chief of Engineers shall submit to 
the House and Senate Committees on Appropriations a detailed spend plan 
for fiscal year 2022, including a list of project locations and 
construction projects selected to be initiated:  Provided further, That 
of the amount provided under this heading in this Act, such sums as are 
necessary to cover the Federal share of eligible operation and 
maintenance costs

[[Page 135 STAT. 1362]]

for inland harbors shall be derived from the general fund of the 
Treasury:  Provided further, That <<NOTE: Reports.>>  beginning not 
later than 120 days after the enactment of this Act, the Chief of 
Engineers shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of these funds, including construction 
projects selected to be initiated using funds provided under this 
heading in this Act:  Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
resolution on the budget for fiscal year 2018, and to section 251(b) of 
the Balanced Budget and Emergency Deficit Control Act of 1985.

                        operation and maintenance

                      (including transfer of funds)

    For an additional amount for ``Operations and Maintenance'', 
$4,000,000,000, to remain available until expended:  Provided, That 
$2,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2024:  Provided further, That of the amount 
provided under this heading in this Act for fiscal year 2022, 
$626,000,000, which shall be obligated within 90 days of enactment of 
this Act, shall be used for necessary expenses to dredge Federal 
navigation projects in response to, and repair damages to Corps of 
Engineers Federal projects caused by, natural disasters:  Provided 
further, That of the amount provided under this heading in this Act, 
$40,000,000 shall be to carry out Soil Moisture and Snowpack Monitoring 
activities, as authorized in section 4003(a) of the Water Resources 
Reform and Development Act of 2014, as amended:  Provided further, 
That <<NOTE: Deadline. Spend plan. List.>>  not later than 60 days after 
the date of enactment of this Act, the Chief of Engineers shall submit 
to the House and Senate Committees on Appropriations a detailed spend 
plan for fiscal year 2022, including a list of project locations, other 
than for the amount for natural disasters identified in the second 
proviso:  Provided further, That <<NOTE: Spend plan. List.>>  for fiscal 
years 2023 and 2024, as part of the annual budget submission of the 
President under section 1105(a) of title 31, United States Code, the 
Chief of Engineers shall submit a detailed spend plan for that fiscal 
year, including a list of project locations:  Provided further, That of 
the amount provided under this heading in this Act, such sums as are 
necessary to cover the Federal share of eligible operation and 
maintenance costs for coastal harbors and channels, and for inland 
harbors shall be derived from the general fund of the Treasury:  
Provided further, That up to three percent of the amounts made available 
under this heading in this Act for any fiscal year may be transferred to 
``Regulatory Program'' or ``Expenses'' to carry out activities funded by 
those accounts: <<NOTE: Advance notice.>>   Provided further, That the 
Committees on Appropriations of the Senate and the House of 
Representatives shall be notified at least 30 days in advance of any 
transfer made pursuant to the preceding proviso:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the

[[Page 135 STAT. 1363]]

budget for fiscal year 2018, and to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                           regulatory program

    For an additional amount for ``Regulatory Program'', $160,000,000, 
to remain available until September 30, 2026:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', $251,000,000, to remain available until expended:  
Provided, That funding provided under this heading in this Act and 
utilized for authorized shore protection projects shall restore such 
projects to the full project profile at full Federal expense:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                                expenses

    For an additional amount for ``Expenses'', $40,000,000, to remain 
available until expended:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

       water infrastructure finance and innovation program account

    For an additional amount for ``Water Infrastructure Finance and 
Innovation Program Account'', $75,000,000, to remain available until 
expended:  Provided, That of the amounts provided under this heading in 
this Act, $64,000,000 shall be for the cost of direct loans and for the 
cost of guaranteed loans, for safety projects to maintain, upgrade, and 
repair dams identified in the National Inventory of Dams with a primary 
owner type of state, local government, public utility, or private:  
Provided further, That no project may be funded with amounts provided 
under this heading for a dam that is identified as jointly owned in the 
National Inventory of Dams and where one of those joint owners is the 
Federal Government:  Provided further, That of the amounts provided 
under this heading in this Act $11,000,000 shall be for administrative 
expenses to carry out the direct and guaranteed loan programs, 
notwithstanding section 5033 of the Water Infrastructure Finance and 
Innovation Act of 2014:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and

[[Page 135 STAT. 1364]]

to section 251(b) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                 general provisions--corps of engineers

    Sec. 300.  For projects that are carried out with funds under this 
heading, the Secretary of the Army and the Director of the Office of 
Management and Budget shall consider other factors in addition to the 
benefit-cost ratio when determining the economic benefits of projects 
that benefit disadvantaged communities.

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                 central utah project completion account

    For an additional amount for ``Central Utah Project Completion 
Account'', $50,000,000, to remain available until expended, of which 
$10,000,000 shall be deposited into the Utah Reclamation Mitigation and 
Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                          Bureau of Reclamation

                       water and related resources

                      (including transfer of funds)

    For an additional amount for ``Water and Related Resources'', 
$8,300,000,000, to remain available until expended:  Provided, That 
$1,660,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $1,660,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$1,660,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $1,660,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, 
$1,660,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under this heading in this Act for fiscal years 2022 through 
2026, $1,150,000,000 shall be for water storage, groundwater storage, 
and conveyance projects in accordance with section 40902 of division D 
of this Act:  Provided further, That of the funds identified in the 
preceding proviso, $100,000,000 shall be available for small surface 
water and ground water storage projects authorized in section 40903 of 
division D of this Act:  Provided further, That of the amount provided 
under this heading in this Act, $3,200,000,000 shall be available for 
transfer into the Aging Infrastructure Account established by section 
9603(d)(1) of the Omnibus Public Land Management Act of 2009, as amended 
(43 U.S.C. 510b(d)(1)):  Provided further, That of the funds identified 
in the preceding proviso, $100,000,000 shall be made available for 
reserved

[[Page 135 STAT. 1365]]

or transferred works that have suffered a critical failure, in 
accordance with section 40904(a) of division D of this Act, and 
$100,000,000 shall be made available for dam rehabilitation, 
reconstruction, or replacement in accordance with section 40904(b) of 
division D of this Act:  Provided further, That of the amount provided 
under this heading in this Act for fiscal years 2022 through 2026, 
$1,000,000,000 shall be for rural water projects that have been 
authorized by an Act of Congress before July 1, 2021, in accordance with 
the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.): 
 Provided further, That of the amount provided under this heading in 
this Act for fiscal years 2022 through 2026, $1,000,000,000 shall be for 
water recycling and reuse projects:  Provided further, That of the funds 
identified in the preceding proviso, $550,000,000 shall be for water 
recycling and reuse projects authorized in accordance with the 
Reclamation Wastewater and Groundwater Study and Facilities Act (42 
U.S.C. 390h et seq.), as described in section 40901(4)(A) of division D 
of this Act, and $450,000,000 shall be for large-scale water recycling 
and reuse projects in accordance with section 40905 of division D of 
this Act:  Provided further, That of the amount provided under this 
heading in this Act for fiscal years 2022 through 2026, $250,000,000 
shall be for water desalination projects in accordance with the Water 
Desalinization Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298), 
as described in section 40901(5) of division D of this Act:  Provided 
further, That of the amount provided under this heading in this Act for 
fiscal years 2022 through 2026, $500,000,000 shall be for the safety of 
dams program, in accordance with the Reclamation Safety of Dams Act of 
1978 (43 U.S.C. 506 et seq.):  Provided further, That of the amount 
provided under this heading in this Act for fiscal years 2022 through 
2026, $400,000,000 shall be for WaterSMART Grants in accordance with 
section 9504 of the Omnibus Public Land Management Act of 2009 (42 
U.S.C. 10364):  Provided further, That of the funds identified in the 
preceding proviso, $100,000,000 shall be for projects that would improve 
the condition of a natural feature or nature-based feature, as described 
in section 40901(7) of division D of this Act:  Provided further, That 
of the amount provided under this heading in this Act for fiscal years 
2022 through 2026, $300,000,000 shall be for implementing the drought 
contingency plan consistent with the obligations of the Secretary under 
the Colorado River Drought Contingency Plan Authorization Act (Public 
Law 116-14; 133 Stat. 850), as described in section 40901(8) of division 
D of this Act:  Provided further, That of the funds identified in the 
preceding proviso, $50,000,000 shall be for use in accordance with the 
Drought Contingency Plan for the Upper Colorado River Basin:  Provided 
further, That of the amount provided under this heading in this Act for 
fiscal years 2022 through 2026, $100,000,000 shall be to provide 
financial assistance for watershed management projects in accordance 
with subtitle A of title VI of the Omnibus Public Land Management Act of 
2009 (16 U.S.C. 1015 et seq.):  Provided further, That of the amount 
provided under this heading in this Act for fiscal years 2022 through 
2026, $250,000,000 shall be for design, study and construction of 
aquatic ecosystem restoration and protection projects in accordance with 
section 1109 of the Consolidated Appropriations Act, 2021:  Provided 
further, That of the amount provided under this heading in this Act for 
fiscal years 2022 through 2026, $100,000,000 shall be for multi-benefit

[[Page 135 STAT. 1366]]

projects to improve watershed health in accordance with section 40907 of 
division D of this Act:  Provided further, That of the amounts provided 
under this heading in this Act for fiscal years 2022 through 2026, 
$50,000,000 shall be for endangered species recovery and conservation 
programs in the Colorado River Basin in accordance with Public Law 106-
392, title XVIII of Public Law 102-575, and subtitle E of title IX of 
Public Law 111-11:  Provided further, That up to three percent of the 
amounts made available under this heading in this Act in each of fiscal 
years 2022 through 2026 shall be for program administration and policy 
expenses:  Provided further, That <<NOTE: Deadline. Spend plan. List.>>  
not later than 60 days after the date of enactment of this Act, the 
Secretary of the Interior shall submit to the House and Senate 
Committees on Appropriations a detailed spend plan, including a list of 
project locations of the preceding proviso, to be funded for fiscal year 
2022: <<NOTE: Reports.>>   Provided further, That beginning not later 
than 120 days after the enactment of this Act, the Secretary of the 
Interior shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of the funds provided under this heading 
in this Act:  Provided further, That for fiscal years 2023 <<NOTE: Spend 
plan. List.>>  through 2026, as part of the annual budget submission of 
the President under section 1105(a) of title 31, United States Code, the 
Secretary of the Interior shall submit a detailed spend plan for those 
fiscal years, including a list of project locations:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For an additional amount for ``Energy Efficiency and Renewable 
Energy'', $16,264,000,000 to remain available until expended:  Provided, 
That of the amount provided under this heading in this Act, $250,000,000 
shall be for activities for the Energy Efficiency Revolving Loan Fund 
Capitalization Grant Program, as authorized under section 40502 of 
division D of this Act:  Provided further, That of the amount provided 
under this heading in this Act, $40,000,000 shall be for grants for the 
Energy Auditor Training Grant Program, as authorized under section 40503 
of division D of this Act:  Provided further, That of the amount 
provided under the heading in this Act, $225,000,000 shall be for grants 
for implementing of updated building energy codes, as authorized under 
section 309 of the Energy Conservation and Production Act (42 U.S.C. 
6831 et seq.), as amended by section 40511(a) of division D of this Act: 
 Provided further, That of the funds in the preceding proviso, 
$45,000,000, to remain available until expended, shall be made available 
for fiscal year 2022, $45,000,000, to remain available until expended, 
shall be made available for fiscal year 2023, $45,000,000, to remain 
available until expended, shall be made available for fiscal year 2024, 
$45,000,000, to remain available

[[Page 135 STAT. 1367]]

until expended, shall be made available for fiscal year 2025, and 
$45,000,000, to remain available until expended, shall be made available 
for fiscal year 2026:  Provided further, That of the amount provided 
under this heading in this Act, $10,000,000 shall be for Building, 
Training, and Assessment Centers, as authorized under section 40512 of 
division D of this Act:  Provided further, That of the amount provided 
under this heading in this Act, $10,000,000 shall be for grants for 
Career Skills Training, as authorized under section 40513 of division D 
of this Act:  Provided further, That of the amount provided under this 
heading in this Act, $150,000,000 shall be for activities for Industrial 
Research and Assessment Centers, as authorized under subsections (a) 
through (h) of section 457 of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17111 et seq.), as amended by section 40521(b) of 
division D of this Act:  Provided further, That of the funds in the 
preceding proviso, $30,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $30,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$30,000,000, to remain available until expended, shall be made available 
for fiscal year 2024, $30,000,000, to remain available until expended, 
shall be made available for fiscal year 2025, and $30,000,000, to remain 
available until expended, shall be made available for fiscal year 2026:  
Provided further, That of the amount provided under this heading in this 
Act, $400,000,000 shall be for activities for Implementation Grants for 
Industrial Research and Assessment Centers, as authorized under section 
457(i) of the Energy Independence and Security Act of 2007 (42 U.S.C. 
17111 et seq.), as amended by section 40521(b) of division D of this 
Act:  Provided further, That of the funds in the preceding two provisos, 
$80,000,000, to remain available until expended, shall be made available 
for fiscal year 2022, $80,000,000, to remain available until expended, 
shall be made available for fiscal year 2023, $80,000,000, to remain 
available until expended, shall be made available for fiscal year 2024, 
$80,000,000, to remain available until expended, shall be made available 
for fiscal year 2025, and $80,000,000, to remain available until 
expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$50,000,000 shall be for carrying out activities for Manufacturing 
Leadership, as authorized under section 40534 of division D of this Act: 
 Provided further, That of the amount provided under this heading in 
this Act, $500,000,000 shall be for grants for Energy Efficiency 
Improvements and Renewable Energy Improvements at Public School 
Facilities, as authorized under section 40541 of division D of this Act: 
 Provided further, That of the funds in the preceding proviso, 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $100,000,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $100,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $100,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$50,000,000 shall be for grants for the Energy Efficiency Materials 
Pilot Program, as authorized under section 40542 of division D of this 
Act:  Provided further, That of the amount provided under this heading 
in this Act and in addition

[[Page 135 STAT. 1368]]

to amounts otherwise made available for this purpose, $3,500,000,000 
shall be for carrying out activities for the Weatherization Assistance 
Program, as authorized under part A of title IV of the Energy 
Conservation and Production Act (42 U.S.C. 6861 et seq.):  Provided 
further, That of the amount provided under this heading in this Act and 
in addition to amounts otherwise made available for this purpose, 
$550,000,000 shall be for carrying out activities for the Energy 
Efficiency and Conservation Block Grant Program, as authorized under 
section 542(a) of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17152(a)):  Provided further, That of the amount provided under 
this heading in this Act, $250,000,000 shall be for grants for the 
Assisting Federal Facilities with Energy Conservation Technologies Grant 
Program, as authorized under section 546(b) of the National Energy 
Conservation Policy Act (42 U.S.C. 8256(b)):  Provided further, That of 
the amount provided under this heading in this Act, $10,000,000 shall be 
for extended product system rebates, as authorized under section 1005 of 
the Energy Act of 2020 (42 U.S.C. 6311 note; Public Law 116-260):  
Provided further, That of the amount provided under this heading in this 
Act, $10,000,000 shall be for energy efficient transformer rebates, as 
authorized under section 1006 of the Energy Act of 2020 (42 U.S.C. 6317 
note; Public Law 116-260):  Provided further, That of the amount 
provided under this heading in this Act, $3,000,000,000, to remain 
available until expended, shall be for Battery Material Processing 
Grants, as authorized under section 40207(b) of division D of this Act:  
Provided further, That of the funds in the preceding proviso, 
$600,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $600,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $600,000,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $600,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $600,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$3,000,000,000 shall be for Battery Manufacturing and Recycling Grants, 
as authorized under section 40207(c) of division D of this Act:  
Provided further, That of the funds in the preceding proviso, 
$600,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $600,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $600,000,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $600,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $600,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$125,000,000 shall be to carry out activities, as authorized under 
section 40207(f) of division D of this Act:  Provided further, That of 
the amount provided under this heading in this Act, $10,000,000 shall be 
for a Lithium-Ion Battery Recycling Prize Competition, as authorized 
under section 40207(e) of division D of this Act:  Provided further, 
That of the amount provided under this heading in this Act, $200,000,000 
shall be for grants for the Electric Drive Vehicle Battery Recycling and 
Second-Life Applications Program, as authorized under subsection (k) of 
section 641 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17231), as amended by section

[[Page 135 STAT. 1369]]

40208(1) of division D of this Act:  Provided further, That of the funds 
in the preceding proviso, $40,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $40,000,000, to 
remain available until expended, shall be made available for fiscal year 
2023, $40,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $40,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and $40,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2026:  Provided further, That of the amount provided under this 
heading in this Act, $750,000,000 shall be for grants for the Advanced 
Energy Manufacturing and Recycling Grant Program, as authorized under 
section 40209 of division D of this Act:  Provided further, That of the 
funds in the preceding proviso, $150,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $150,000,000, to 
remain available until expended, shall be made available for fiscal year 
2023, $150,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $150,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$150,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under this heading in this Act, $500,000,000 shall be for 
activities for the Clean Hydrogen Manufacturing Recycling Research, 
Development, and Demonstration Program, as authorized under section 815 
of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended 
by section 40314 of division D of this Act:  Provided further, That of 
the funds in the preceding proviso, $100,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $100,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025, and $100,000,000, to remain available until expended, shall be 
made available for fiscal year 2026:  Provided further, That of the 
amount provided under the heading in this Act, $1,000,000,000 shall be 
for activities for the Clean Hydrogen Electrolysis Program, as 
authorized under section 816 of the Energy Policy Act of 2005 (42 U.S.C. 
16151 et seq.), as amended by section 40314 of division D of this Act:  
Provided further, That of the funds in the preceding proviso, 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $200,000,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $200,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $200,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$500,000,000 shall be for carrying out activities for the State Energy 
Program, as authorized under part D of title III of the Energy Policy 
and Conservation Act (42 U.S.C. 6321 et seq.), as amended by section 
40109 of division D of this Act:  Provided further, That of the amount 
provided under this heading in this Act, $125,000,000 shall be for 
carrying out activities under section 242 of the Energy Policy Act of 
2005 (42 U.S.C. 15881), as amended by section 40331 of division D of 
this Act:  Provided

[[Page 135 STAT. 1370]]

further, That of the amount provided under this heading in this Act, 
$75,000,000 shall be for carrying out activities under section 243 of 
the Energy Policy Act of 2005 (42 U.S.C. 15882), as amended by section 
40332 of division D of this Act:  Provided further, That of the amount 
provided under this heading in this Act, $553,600,000 shall be for 
activities for Hydroelectric Incentives, as authorized under section 247 
of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 674), as 
amended by section 40333(a) of division D of this Act:  Provided 
further, That of the funds in the preceding proviso, $276,800,000, to 
remain available until expended, shall be made available for fiscal year 
2022, $276,800,000, to remain available until expended, shall be made 
available for fiscal year 2023:  Provided further, That of the amount 
provided under the heading in this Act, $10,000,000 shall be for 
activities for the Pumped Storage Hydropower Wind and Solar Integration 
and System Reliability Initiative, as authorized under section 3201 of 
the Energy Policy Act of 2020 (42 U.S.C. 17232), as amended by section 
40334 of division D of this Act:  Provided further, That of the amount 
provided under this heading in this Act, $36,000,000 shall be for 
carrying out activities, as authorized under section 634 of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17213):  Provided 
further, That of the amount provided under this heading in this Act, 
$70,400,000 shall be for carrying out activities, as authorized under 
section 635 of the Energy Independence and Security Act of 2007 (42 
U.S.C.17214):  Provided further, That of the amount provided under this 
heading in this Act, $40,000,000 shall be for carrying out activities 
for the National Marine Energy Centers, as authorized under section 636 
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215):  
Provided further, That of the amount provided under this heading in this 
Act, $84,000,000 shall be for carrying out activities under section 
615(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 
17194(d)):  Provided further, That of the amount provided under this 
heading in this Act, $60,000,000 shall be for carrying out activities 
for the Wind Energy Technology Program, as authorized under section 
3003(b)(2) of the Energy Act of 2020 (42 U.S.C. 16237(b)(2)):  Provided 
further, That of the amount provided under this heading in this Act, 
$40,000,000 shall be for carrying out activities for the Wind Energy 
Technology Recycling Research, Development, and Demonstration Program, 
as authorized under section 3003(b)(4) of the Energy Act of 2020 (42 
U.S.C. 16237(b)(4)):  Provided further, That of the amount provided 
under this heading in this Act, $40,000,000 shall be for carrying out 
activities under section 3004(b)(2) of the Energy Act of 2020 (42 U.S.C. 
16238(b)(2)):  Provided further, That of the amount provided under this 
heading in this Act, $20,000,000 shall be for carrying out activities 
under section 3004(b)(3) of the Energy Act of 2020 (42 U.S.C. 
16238(b)(3)):  Provided further, That of the amount provided under this 
heading in this Act, $20,000,000 shall be for carrying out activities 
under section 3004(b)(4) of the Energy Act of 2020 (42 U.S.C. 
16238(b)(4)): <<NOTE: Deadline. Spend plan.>>   Provided further, That 
not later than 90 days after the date of enactment of this Act, the 
Secretary of Energy shall submit to the House and Senate Committees on 
Appropriations and the Senate Committee on Energy and Natural Resources 
and the House Committee on Energy and Commerce a detailed spend plan for 
fiscal year 2022: <<NOTE: Spend plan.>>   Provided further, That for 
each fiscal year through 2026, as part of the annual budget

[[Page 135 STAT. 1371]]

submission of the President under section 1105(a) of title 31, United 
States Code, the Secretary of Energy shall submit a detailed spend plan 
for that fiscal year:  Provided further, That up to three percent of the 
amounts made available under this heading in this Act in each of fiscal 
years 2022 through 2026 shall be for program direction:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

         Cybersecurity, Energy Security, and Emergency Response

    For an additional amount for ``Cybersecurity, Energy Security, and 
Emergency Response'', $550,000,000, to remain available until expended:  
Provided, That of the amount provided under this heading in this Act, 
$250,000,000 shall be to carry out activities under the Cybersecurity 
for the Energy Sector Research, Development, and Demonstration Program, 
as authorized in section 40125(b) of division D of this Act:  Provided 
further, That of the funds in the preceding proviso, $50,000,000, to 
remain available until expended, shall be made available for fiscal year 
2022, $50,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $50,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $50,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025, and $50,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under this heading in this Act, $50,000,000 shall be to carry 
out activities under the Energy Sector Operational Support for 
Cyberresilience Program, as authorized in section 40125(c) of division D 
of this Act:  Provided further, That of the amount provided under this 
heading in this Act, $250,000,000, to carry out activities under the 
Rural and Municipal Utility Advanced Cybersecurity Grant and Technical 
Assistance Program, as authorized in section 40124 of division D of this 
Act:  Provided further, That $50,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $50,000,000, to 
remain available until expended, shall be made available for fiscal year 
2023, $50,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $50,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and $50,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2026:  Provided further, That <<NOTE: Deadline. Spend plan.>>  not 
later than 90 days after the date of enactment of this Act, the 
Secretary of Energy shall submit to the House and Senate Committees on 
Appropriations and the Senate Committee on Energy and Natural Resources 
and the House Committee on Energy and Commerce a detailed spend plan for 
fiscal year 2022:  Provided further, That <<NOTE: Spend plan.>>  for 
each fiscal year through 2026, as part of the annual budget submission 
of the President under section 1105(a) of title 31, United States Code, 
the Secretary of Energy shall submit a detailed spend plan for that 
fiscal year:  Provided further, That up to three percent of the amounts 
made available under this heading in this Act in each of fiscal years 
2022 through 2026 shall be for program direction:  Provided further,

[[Page 135 STAT. 1372]]

That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                               Electricity

    For an additional amount for ``Electricity'', $8,100,000,000, to 
remain available until expended:  Provided, That of the amount provided 
under this heading in this Act, $5,000,000,000 shall be for grants under 
section 40101 of division D of this Act:  Provided further, That of the 
funds in the preceding proviso, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$50,000,000 shall be to carry out the Transmission Facilitation Program, 
including for any administrative expenses of carrying out the program, 
as authorized in section 40106(d)(3) of division D of this Act:  
Provided further, That of the funds in the preceding proviso, 
$10,000,000, to remain available until expended, shall be made available 
for fiscal year 2022, $10,000,000, to remain available until expended, 
shall be made available for fiscal year 2023, $10,000,000, to remain 
available until expended, shall be made available for fiscal year 2024, 
$10,000,000, to remain available until expended, shall be made available 
for fiscal year 2025, and $10,000,000, to remain available until 
expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act and 
in addition to amounts otherwise made available for this purpose, 
$3,000,000,000, to remain available until expended, shall be to carry 
out activities under the Smart Grid Investment Matching Grant Program, 
as authorized in section 1306 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17386), as amended by section 40107 of division D 
of this Act:  Provided further, That of the funds in the preceding 
proviso, $600,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $600,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $600,000,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $600,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $600,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$50,000,000 shall be to carry out an advanced energy security program to 
secure energy networks, as authorized under section 40125(d) of division 
D of this Act:  Provided further, That not later than 90 
days <<NOTE: Deadline. Spend plan.>>  after the date of enactment of 
this Act, the Secretary of Energy shall submit to the House and Senate 
Committees on Appropriations and the Senate Committee on Energy and 
Natural Resources and the House Committee on Energy and Commerce a 
detailed spend plan for fiscal year 2022:  Provided

[[Page 135 STAT. 1373]]

further, That <<NOTE: Spend plan.>>  for each fiscal year through 2026, 
as part of the annual budget submission of the President under section 
1105(a) of title 31, United States Code, the Secretary of Energy shall 
submit a detailed spend plan for that fiscal year:  Provided further, 
That up to three percent of the amounts made available under this 
heading in this Act in each of fiscal years 2022 through 2026 shall be 
for program direction:  Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
resolution on the budget for fiscal year 2018, and to section 251(b) of 
the Balanced Budget and Emergency Deficit Control Act of 1985.

                             Nuclear Energy

    For an additional amount for ``Nuclear Energy'', $6,000,000,000, to 
remain available until expended, to carry out activities under the Civil 
Nuclear Credit Program, as authorized in section 40323 of division D of 
this Act:  Provided, That $1,200,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $1,200,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2023, $1,200,000,000, to remain available until expended, shall be 
made available for fiscal year 2024, $1,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$1,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, 
That <<NOTE: Deadline. Spend plan.>>  not later than 90 days after the 
date of enactment of this Act, the Secretary of Energy shall submit to 
the House and Senate Committees on Appropriations a detailed spend plan 
for fiscal year 2022: <<NOTE: Spend plan.>>   Provided further, That for 
each fiscal year through 2026, as part of the annual budget submission 
of the President under section 1105(a) of title 31, United States Code, 
the Secretary of Energy shall submit a detailed spend plan for that 
fiscal year:  Provided further, That up to $36,000,000 of the amount 
provided under this heading in this Act shall be made available in each 
of fiscal years 2022 through 2026 for program direction:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                   Fossil Energy and Carbon Management

    For an additional amount for ``Fossil Energy and Carbon 
Management'', $7,497,140,781, to remain available until expended:  
Provided, That of the amount provided under this heading in this Act, 
$310,140,781 shall be to carry out activities under the Carbon 
Utilization Program, as authorized in section 969A of the Energy Policy 
Act of 2005 (42 U.S.C. 16298a), as amended by section 40302 of division 
D of this Act:  Provided further, That of the funds in the preceding 
proviso, $41,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $65,250,000, to remain available until 
expended, shall be made available for fiscal year 2023, $66,562,500, to 
remain available until expended, shall be made available for fiscal year 
2024, $67,940,625, to remain available until expended, shall be made

[[Page 135 STAT. 1374]]

available for fiscal year 2025, and $69,387,656, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$100,000,000 shall be used to carry out the front-end engineering and 
design program out activities under the Carbon Capture Technology 
Program, as authorized in section 962 of the Energy Policy Act of 2005 
(42 U.S.C. 16292), as amended by section 40303 of division D of this 
Act:  Provided further, That of the funds in the preceding proviso, 
$20,000,000, to remain available until expended, shall be made available 
for fiscal year 2022, $20,000,000, to remain available until expended, 
shall be made available for fiscal year 2023, $20,000,000, to remain 
available until expended, shall be made available for fiscal year 2024, 
$20,000,000, to remain available until expended, shall be made available 
for fiscal year 2025, and $20,000,000, to remain available until 
expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$2,500,000,000 shall be to carry out activities for the Carbon Storage 
Validation and Testing, as authorized section 963 of the Energy Policy 
Act of 2005 (42 U.S.C. 16293), as amended by section 40305 of division D 
of this Act:  Provided further, That of the funds in the preceding 
proviso, $500,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $500,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $500,000,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $500,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $500,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$3,500,000,000 shall be to carry out a program to develop four regional 
clean direct air capture hubs, as authorized under section 969D of the 
Energy Policy Act of 2005 (42 U.S.C. 16298d), as amended by section 
40308 of division D of this Act:  Provided further, That of the funds in 
the preceding proviso, $700,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $700,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$700,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $700,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$700,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under this heading in this Act and in addition to amounts 
otherwise made available for this purpose, $15,000,000 shall be for 
precommercial direct air capture technology prize competitions, as 
authorized under section 969D(e)(2)(A) of the Energy Policy Act of 2005 
(42 U.S.C. 16298d(e)(2)(A)):  Provided further, That of the amount 
provided under this heading in this Act and in addition to amounts 
otherwise made available for this purpose, $100,000,000 shall be for 
commercial direct air capture technology prize competitions, as 
authorized under section 969D(e)(2)(B) of the Energy Policy Act of 2005 
(42 U.S.C. 16298d(e)(2)(B)):  Provided further, That for amounts 
identified in the preceding proviso, the Secretary shall enter pre-
construction commitments with selected projects for future awards for 
qualified carbon dioxide capture:  Provided further, That of the amount 
provided under this heading

[[Page 135 STAT. 1375]]

in this Act, $140,000,000 shall be for a Rare Earth Elements 
Demonstration Facility, as authorized under section 7001 of the Energy 
Act of 2020 (42 U.S.C. 13344), as amended by section 40205 of division D 
of this Act:  Provided further, That of the amount provided under this 
heading in this Act and in addition to amounts otherwise made available 
for this purpose, $127,000,000 shall be to carry out rare earth mineral 
security activities, as authorized under section 7001(a) of the Energy 
Act of 2020 (42 U.S.C. 13344(a)):  Provided further, That of the funds 
in the preceding proviso, $23,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $24,200,000, to 
remain available until expended, shall be made available for fiscal year 
2023, $25,400,000, to remain available until expended, shall be made 
available for fiscal year 2024, $26,600,000, to remain available until 
expended, shall be made available for fiscal year 2025, and $27,800,000, 
to remain available until expended, shall be made available for fiscal 
year 2026:  Provided further, That of the amount provided under this 
heading in this Act and in addition to amounts otherwise made available 
for this purpose, $600,000,000 shall be to carry out critical material 
innovation, efficiency, and alternatives activities under section 
7002(g) of the Energy Act of 2020 (30 U.S.C. 1606(g)):  Provided 
further, That of the funds in the preceding proviso, $230,000,000, to 
remain available until expended, shall be made available for fiscal year 
2022, $100,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $135,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $135,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025:  Provided further, That of the amount provided under this heading 
in this Act and in addition to amounts otherwise made available for this 
purpose, $75,000,000 shall be for the Critical Material Supply Chain 
Research Facility, as authorized under section 7002(h) of the Energy Act 
of 2020 (30 U.S.C. 1606(h)):  Provided further, That of the funds in the 
preceding proviso, $40,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, and $35,000,000, to remain 
available until expended, shall be made available for fiscal year 2023:  
Provided further, That of the amount provided under this heading in this 
Act, $30,000,000 shall be to carry out activities authorized in section 
349(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.15907(b)(2)), as 
amended by section 40601 of division D of this 
Act: <<NOTE: Deadline. Spend plan.>>   Provided further, That not later 
than 90 days after the date of enactment of this Act, the Secretary of 
Energy shall submit to the House and Senate Committees on Appropriations 
a detailed spend plan for fiscal year 2022:  Provided further, 
That <<NOTE: Spend plan.>>  for each fiscal year through 2026, as part 
of the annual budget submission of the President under section 1105(a) 
of title 31, United States Code, the Secretary of Energy shall submit a 
detailed spend plan for that fiscal year:  Provided further, That up to 
three percent of the amounts made available under this heading in this 
Act in each of fiscal years 2022 through 2026 shall be for program 
direction:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 135 STAT. 1376]]

  Carbon Dioxide Transportation Infrastructure Finance and Innovation 
                             Program Account

    For an additional amount for ``Carbon Dioxide Transportation 
Infrastructure Finance and Innovation Program Account'', $2,100,000,000, 
to remain available until expended, to carry out activities for the 
Carbon Dioxide Transportation Infrastructure Finance and Innovation 
Program, as authorized by subtitle J of title IX of the Energy Policy 
Act of 2005 (42 U.S.C. 16181 et seq.), as amended by section 40304(a) of 
division D of this Act:  Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That $3,000,000, to 
remain available until expended, shall be made available for fiscal year 
2022 and $2,097,000,000, to remain available until expended, shall be 
made available for fiscal year 2023:  Provided further, That the amount 
made available under this heading in this Act for fiscal year 2022 shall 
be for administrative expenses to carry out the loan program:  Provided 
further, That the Office of Fossil Energy and Carbon Management shall 
oversee the Carbon Dioxide Transportation Infrastructure Finance and 
Innovation program, in consultation and coordination with the Department 
of Energy's Loan Program Office:  Provided further, 
That <<NOTE: Deadline. Analyses. Loans. Regulations. Timetable.>>  not 
later than 270 days after the date of enactment of this Act, the 
Secretary of Energy shall submit to the House and Senate Committees on 
Appropriations an analysis of how subsidy rates will be determined for 
loans financed by appropriations provided under this heading in this Act 
and an analysis of the process for developing draft regulations for the 
program, including a crosswalk from the statutory requirements for such 
program, and a timetable for publishing such regulations:  Provided 
further, That <<NOTE: Allocation.>>  for each fiscal year through 2027, 
the annual budget submission of the President under section 1105(a) of 
title 31, United States Code, shall include a detailed request for the 
amount recommended for allocation for the Carbon Dioxide Transportation 
Finance and Innovation program from amounts provided under this heading 
in this Act and such detailed request shall include any information 
required pursuant to the Federal Credit Reform Act of 1990, such as 
credit subsidy rates, a loan limitation, and necessary administrative 
expenses to carry out the loan program:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  Office of Clean Energy Demonstrations

    For an additional amount for ``Office of Clean Energy 
Demonstrations'', $21,456,000,000, to remain available until expended:  
Provided, That the Office of Clean Energy Demonstrations, as authorized 
by section 41201 of division D of this Act, shall conduct administrative 
and project management responsibilities for the demonstration projects 
provided for under this heading in this Act:  Provided further, 
That <<NOTE: Consultation. Coordination.>>  the Office of Clean Energy 
Demonstrations shall consult and coordinate with technology-specific 
program offices to ensure alignment of technology goals and avoid 
unnecessary duplication:  Provided further, That of the amount provided

[[Page 135 STAT. 1377]]

under this heading in this Act and in addition to amounts otherwise made 
available for this purpose, $355,000,000 shall be to carry out the 
Energy Storage Demonstration Pilot Grant Program, as authorized under 
section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)):  
Provided further, That of the funds in the preceding proviso, 
$88,750,000, to remain available until expended, shall be made available 
for fiscal year 2022, $88,750,000, to remain available until expended, 
shall be made available for fiscal year 2023, $88,750,000, to remain 
available until expended, shall be made available for fiscal year 2024, 
$88,750,000, to remain available until expended, shall be made available 
for fiscal year 2025:  Provided further, That of the amount provided 
under this heading in this Act and in addition to amounts otherwise made 
available for this purpose, $150,000,000 to carry out the Long-duration 
Demonstration Initiative and Joint Program, as authorized under section 
3201(d) of the Energy Act of 2020 (42 U.S.C. 17232(d)):  Provided 
further, That of the funds in the preceding proviso, $37,500,000, to 
remain available until expended, shall be made available for fiscal year 
2022, $37,500,000, to remain available until expended, shall be made 
available for fiscal year 2023, $37,500,000, to remain available until 
expended, shall be made available for fiscal year 2024, $37,500,000, to 
remain available until expended, shall be made available for fiscal year 
2025:  Provided further, That of the amount provided under this heading 
in this Act and in addition to amounts otherwise made available for this 
purpose, $2,477,000,000 shall be to carry out the Advanced Reactor 
Demonstration Program, as authorized under section 959A of the Energy 
Policy Act of 2005 (42 U.S.C. 16279a):  Provided further, That of the 
funds in the preceding proviso, $677,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $600,000,000, to 
remain available until expended, shall be made available for fiscal year 
2023, $600,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $600,000,000, to remain available until 
expended, shall be made available for fiscal year 2025:  Provided 
further, That funds in the preceding proviso shall be for projects 
selected prior to the date of enactment of this Act:  Provided further, 
That of the amount provided under this heading in this Act and in 
addition to amounts otherwise made available for this purpose, 
$937,000,000 shall be to carry out the Carbon Capture Large-scale Pilot 
Projects, as authorized under section 962(b)(2)(B) of the Energy Policy 
Act of 2005 (42 U.S.C. 16292(b)(2)(B)):  Provided further, That of the 
funds in the preceding proviso, $387,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $200,000,000, to 
remain available until expended, shall be made available for fiscal year 
2023, $200,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $150,000,000, to remain available until 
expended, shall be made available for fiscal year 2025:  Provided 
further, That of the amount provided under this heading in this Act and 
in addition to amounts otherwise made available for this purpose, 
$2,537,000,000 shall be for the Carbon Capture Demonstration Projects 
Program, as authorized under section 962(b)(2)(C) of the Energy Policy 
Act of 2005 (42 U.S.C. 16292(b)(2)(C)):  Provided further, That of the 
funds in the preceding proviso, $937,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $500,000,000, to 
remain available until expended, shall be made available for fiscal year

[[Page 135 STAT. 1378]]

2023, $500,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $600,000,000, to remain available until 
expended, shall be made available for fiscal year 2025:  Provided 
further, That of the amount provided under this heading in this Act and 
in addition to amounts otherwise made available for this purpose, 
$500,000,000 shall be to carry out Industrial Emission Demonstration 
Projects, as authorized under section 454(d)(3) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17113(d)(3)):  Provided 
further, That of the funds in the preceding proviso, $100,000,000, to 
remain available until expended, shall be made available for fiscal year 
2022, $100,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $150,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $150,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025:  Provided further, That of the amount provided under this heading 
in this Act and in addition to amounts otherwise made available for this 
purpose, $500,000,000 shall be to carry out the Clean Energy 
Demonstration Program on Current and Former Mine Land, as authorized 
under section 40342 of division D of this Act:  Provided further, That 
of the funds in the preceding proviso, $100,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $100,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025, and $100,000,000, to remain available until expended, shall be 
made available for fiscal year 2026:  Provided further, That of the 
amount provided under this heading in this Act, $8,000,000,000 shall be 
made for Regional Clean Hydrogen Hubs, as authorized under section 813 
of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended 
by section 40314 of division D of this Act:  Provided further, That of 
the funds in the preceding proviso, $1,600,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$1,600,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $1,600,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$1,600,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $1,600,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$5,000,000,000 shall be for grants for the Program Upgrading Our 
Electric Grid and Ensuring Reliability and Resiliency, as authorized 
under section 40103(b) of division D of this Act:  Provided further, 
That of the funds in the preceding proviso, $1,000,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$1,000,000,000 shall be to carry out activities for energy improvement 
in rural and remote areas, as authorized under section

[[Page 135 STAT. 1379]]

40103(c) of division D of this Act:  Provided further, That of the funds 
in the preceding proviso, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $200,000,000, to 
remain available until expended, shall be made available for fiscal year 
2023, $200,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, 
That <<NOTE: Deadline. Spend plan.>>  not later than 90 days after the 
date of enactment of this Act, the Secretary of Energy shall submit to 
the House and Senate Committees on Appropriations a detailed spend plan 
for fiscal year 2022:  Provided further, That <<NOTE: Spend plan.>>  for 
each fiscal year through 2026, as part of the annual budget submission 
of the President under section 1105(a) of title 31, United States Code, 
the Secretary of Energy shall submit a detailed spend plan for that 
fiscal year:  Provided further, That up to three percent of the amounts 
made available under this heading in this Act in each of fiscal years 
2022 through 2026 shall be for program direction:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     POWER MARKETING ADMINISTRATIONS

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

                      (including transfer of funds)

    For an additional amount for ``Construction, Rehabilitation, 
Operation and Maintenance, Western Area Power Administration'', 
$500,000,000, to remain available until expended, for the purchase of 
power and transmission services:  Provided, That the amount made 
available under this heading in this Act shall be derived from the 
general fund of the Treasury and shall be reimbursable from amounts 
collected by the Western Area Power Administration pursuant to the Flood 
Control Act of 1944 and the Reclamation Project Act of 1939 to recover 
purchase power and wheeling expenses:  Provided further, That such 
amounts as the Administrator, Western Area Power Administration, deems 
necessary for the same purposes as outlined above may be transferred to 
Western Area Power Administration's Colorado River Basins Power 
Marketing Fund account:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

                      (including transfer of funds)

    Sec. 301. <<NOTE: Determination. Hiring authority. 42 USC 7231 
note.>>   Notwithstanding section 3304 of title 5, United States Code, 
and without regard to the provisions of sections 3309 through

[[Page 135 STAT. 1380]]

3318 of such title 5, the Secretary of Energy, upon a determination that 
there is a severe shortage of candidates or a critical hiring need for 
particular positions to carry out the Department of Energy activities 
funded under this title, may, from within the funds provided to the 
Department of Energy under this title, recruit and directly appoint 
highly qualified individuals into the competitive service:  Provided, 
That such authority shall not apply to positions in the Excepted Service 
or the Senior Executive Service:  Provided further, 
That <<NOTE: Compliance.>>  any action authorized herein shall be 
consistent with the merit principles of section 2301 of such title 5, 
and the Department shall comply with the public notice requirements of 
section 3327 of such title 5:  Provided further, 
That <<NOTE: Termination date.>>  the authority under this section shall 
terminate on September 30, 2027:  Provided further, 
That <<NOTE: Deadline. Estimate.>>  180 days after the date of enactment 
of this Act, the Secretary of Energy shall submit to the House and 
Senate Committees on Appropriations an estimate of the number of highly 
qualified individuals it expects to hire under the authority provided in 
this section.

    Sec. 302.  Up to one-tenth of one percent of each amount 
appropriated to the Department of Energy in this title may be 
transferred to ``Departmental Administration'' to be used for additional 
management and mission support for funds made available to the 
Department of Energy in this title in this Act.
    Sec. 303.  One-tenth of one percent of the amounts made available to 
the Department of Energy under each heading in this title in this Act in 
each of fiscal years 2022 through 2026 shall be transferred to the 
Office of the Inspector General of the Department of Energy to oversee 
the funds made available to the Department of Energy in this title in 
this Act.

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

    For an additional amount for ``Appalachian Regional Commission'', 
$1,000,000,000, to remain available until expended, notwithstanding 40 
U.S.C. 14704:  Provided, That of the funds in the preceding proviso, 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $200,000,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $200,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $200,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                        Delta Regional Authority

    For an additional amount for ``Delta Regional Authority'', 
$150,000,000 to remain available until expended:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for

[[Page 135 STAT. 1381]]

fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                            Denali Commission

    For an additional amount for ``Denali Commission'', $75,000,000 to 
remain available until expended:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                   Northern Border Regional Commission

    For an additional amount for ``Northern Border Regional 
Commission'', $150,000,000 to remain available until expended:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 Southeast Crescent Regional Commission

    For an additional amount for ``Southeast Crescent Regional 
Commission'', $5,000,000 to remain available until expended:  Provided, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  Southwest Border Regional Commission

    For an additional amount for ``Southwest Border Regional 
Commission'', $1,250,000 to remain available until expended:  Provided, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

           TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                  Office of the National Cyber Director

                          salaries and expenses

    For an additional amount for ``Office of the National Cyber 
Director'', $21,000,000, to remain available until September 30, 2022, 
to carry out the purposes of section 1752 of the National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283):  Provided, 
That such amount is designated by the Congress

[[Page 135 STAT. 1382]]

as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    Federal Communications Commission

                      affordable connectivity fund

    For an additional amount for the ``Affordable Connectivity Fund'', 
$14,200,000,000, to remain available until expended, for the Affordable 
Connectivity Program, as authorized under section 904(b)(1) of division 
N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as 
amended by section 60502 of division F of this Act:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

             federal permitting improvement steering council

                  environmental review improvement fund

    For an additional amount for the ``Environmental Review Improvement 
Fund'', $3,000,000 to remain available until September 30, 2026:  
Provided, That $650,000, to remain available until September 30, 2022, 
shall be made available for fiscal year 2022, $650,000, to remain 
available until September 30, 2023, shall be made available for fiscal 
year 2023, $650,000, to remain available until September 30, 2024, shall 
be made available for fiscal year 2024, $650,000, to remain available 
until September 30, 2025, shall be made available for fiscal year 2025, 
and $400,000, to remain available until September 30, 2026, shall be 
made available for fiscal year 2026:  Provided further, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     General Services Administration

                        real property activities

                         federal buildings fund

                     (including transfers of funds)

    For an additional amount to be deposited in the ``Federal Buildings 
Fund'', $3,418,008,000, to remain available until expended, for 
construction and acquisition, and repairs and alterations of border 
stations and land ports of entry, of which no more than $250,000,000 
shall be for Program Contingency and Operational Support for necessary 
expenses for projects funded under this heading, including, moving 
governmental agencies (including space alterations and adjustments, and 
telecommunications relocation expenses) in connection with the 
assignment,

[[Page 135 STAT. 1383]]

allocation and transfer of space, leasing of temporary space, and 
building operations, of which--
            (1) $2,527,808,000 shall be for projects on the U.S. Customs 
        and Border Protection five-year plan;
            (2) $430,200,000 shall be for projects with completed U.S. 
        Customs and Border Protection/General Services Administration 
        feasibility studies as prioritized in the ``American Jobs Plan 
        Project List'' submitted to the House and Senate Committees on 
        Appropriations on May 28, 2021; and
            (3) $210,000,000 shall be for land ports of entry (LPOE) 
        infrastructure paving; acquisition of leased LPOEs; and 
        additional Federal Motor Carrier Safety Administration 
        requirements at the Southern Border:

  Provided, That <<NOTE: Plan. Deadline.>>  the General Services 
Administration shall submit a plan, by project, regarding the use of 
funds made available to the Administrator under this heading in this Act 
to the Committees on Appropriations of the House of Representatives and 
the Senate within 90 days of enactment of this 
Act: <<NOTE: Notification.>>   Provided further, That the Administrator 
of General Services shall notify the Committees on Appropriations of the 
House of Representatives and the Senate quarterly on the obligations and 
expenditures of the funds provided under this heading in this Act by 
account of the Federal Buildings Fund:  Provided further, That funds 
made available under this heading in this Act for Federal Buildings Fund 
activities may be transferred to, and merged with, other accounts within 
the Federal Buildings Fund only to the extent necessary to meet program 
requirements for such activities: <<NOTE: Advance notice.>>   Provided 
further, That the General Services Administration will provide notice in 
advance to the Committees on Appropriations of the House of 
Representatives and the Senate of any proposed transfers:  Provided 
further, That funds made available to the Administrator under this 
heading in this Act shall not be subject to section 3307 of title 40, 
United States Code:  Provided further, That amounts made available under 
this heading in this Act shall be in addition to any other amounts made 
available for such purposes, including for construction and acquisition 
or repairs and alterations:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                TITLE V--DEPARTMENT OF HOMELAND SECURITY

                SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

    For an additional amount for ``Operations and Support'', 
$330,000,000, to remain available until September 30, 2026, for 
furniture, fixtures, and equipment for the land ports of entry 
modernized with funding provided to the General Services Administration 
in this Act:  Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section

[[Page 135 STAT. 1384]]

251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

               procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'', $100,000,000, to remain available until September 30, 
2026, for land port of entry construction, modernization, and 
sustainment:  Provided, That <<NOTE: Deadline. Spend plan.>>  not later 
than 90 days after the date of enactment of this Act, the Department 
shall submit to the House and Senate Committees on Appropriations a 
detailed spend plan for the amount made available under this heading in 
this Act:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                               Coast Guard

                         operations and support

    For an additional amount for ``Operations and Support'', $5,000,000, 
to remain available until September 30, 2026, for personnel and 
administrative expenses:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

               procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'', $429,000,000, to remain available until September 30, 
2026:  Provided, That of the funds made available under this heading in 
this Act--
            (1) $131,500,000 shall be for housing, family support, 
        safety, and training facilities, as described in the Coast Guard 
        Fiscal Year 2022 Unfunded Priorities List submitted to Congress 
        on June 29, 2021;
            (2) $158,000,000 shall be for shore construction addressing 
        facility deficiencies, as described in the Coast Guard Fiscal 
        Year 2022 Unfunded Priorities List submitted to Congress on June 
        29, 2021;
            (3) $19,500,000 shall be for shore construction supporting 
        operational assets and maritime commerce, as described in the 
        Coast Guard Fiscal Year 2022 Unfunded Priorities List submitted 
        to Congress on June 29, 2021; and
            (4) $120,000,000 shall be for construction and improvement 
        of childcare development centers:

  Provided further, That <<NOTE: Deadline. Expenditure plan. List.>>  
not later than 90 days after the date of enactment of this Act, the 
Department shall submit to the Committees on Appropriations and 
Commerce, Science, and Transportation of the Senate and the Committees 
on Appropriations and Transportation and Infrastructure in the House of 
Representatives a detailed expenditure plan, including a list of project 
locations under each paragraph in the preceding proviso:  Provided 
further, That such

[[Page 135 STAT. 1385]]

amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For an additional amount for ``Operations and Support'', 
$35,000,000, to remain available until September 30, 2026, for risk 
management operations and stakeholder engagement and requirements:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 cybersecurity response and recovery fund

    For an additional amount for ``Cybersecurity Response and Recovery 
Fund'', $100,000,000, to remain available until September 30, 2028, for 
cyber response and recovery, as authorized by subtitle C of the Homeland 
Security Act of 2002, as amended by this Act:  Provided, That 
$20,000,000, to remain available until September 30, 2028, shall be made 
available for fiscal year 2022, $20,000,000, to remain available until 
September 30, 2028, shall be made available for fiscal year 2023, 
$20,000,000, to remain available until September 30, 2028, shall be made 
available for fiscal year 2024, $20,000,000, to remain available until 
September 30, 2028, shall be made available for fiscal year 2025, and 
$20,000,000, to remain available until September 30, 2028, shall be made 
available for fiscal year 2026: <<NOTE: Declaration.>>   Provided 
further, That amounts provided under this heading in this Act shall be 
available only upon a declaration of a significant incident by the 
Secretary of Homeland Security pursuant to section 2233 of the Homeland 
Security Act of 2002, as amended by this Act:  Provided further, That 
the Cybersecurity <<NOTE: Reports.>>  and Infrastructure Security Agency 
shall provide to the Committees on Appropriations and Homeland Security 
and Governmental Affairs of the Senate and the Committees on 
Appropriations and Oversight and Reform of the House of Representatives 
monthly reports, to be submitted not later than the tenth business day 
following the end of each month, on the status of funds made available 
under this heading in this Act, including an accounting of the most 
recent funding allocation estimates, obligations, expenditures, and 
unobligated funds, delineated by significant incident, as defined in 
section 2232 of the Homeland Security Act of 2002, as amended by this 
Act:  Provided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

[[Page 135 STAT. 1386]]

                   Federal Emergency Management Agency

                         operations and support

    For an additional amount for ``Operations and Support'', 
$67,000,000, to remain available until September 30, 2026, for Federal 
agency dam safety activities and assistance to States under sections 7 
through 12 of the National Dam Safety Program Act (33 U.S.C. 467e 
through 467h):  Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                           federal assistance

                      (including transfer of funds)

    For an additional amount for ``Federal Assistance'', $2,233,000,000, 
which shall be allocated as follows:
            (1) $500,000,000, to remain available until expended, for 
        grants pursuant to section 205 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5135):  
        Provided, That $100,000,000, to remain available until expended, 
        shall be made available for fiscal year 2022, $100,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2023, $100,000,000, to remain available until 
        expended, shall be made available for fiscal year 2024, 
        $100,000,000, to remain available until expended, shall be made 
        available for fiscal year 2025, and $100,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2026:  Provided further, That in addition to amounts made 
        available for administrative expenses under section 205(d)(2) of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5135(d)(2)), no more than 3 percent of the 
        amounts made available in fiscal year 2022, 3 percent of the 
        amounts made available in fiscal year 2023, and 3 percent of the 
        amounts made available in each of fiscal years 2024 through 2026 
        under this paragraph in this Act may be transferred to ``Federal 
        Emergency Management Agency--Operations and Support'' for 
        salaries and expenses.
            (2) $733,000,000, to remain available until expended:  
        Provided, That $148,000,000 of the amounts made available under 
        this paragraph in this Act shall be for grants to States 
        pursuant to section 8(e) of the National Dam Safety Program Act 
        (33 U.S.C. 467f(e)):  Provided further, That $585,000,000 of the 
        amounts made available under this paragraph in this Act shall be 
        for grants to States pursuant to section 8A of the National Dam 
        Safety Program Act (33 U.S.C. 467f-2), of which no less than 
        $75,000,000 shall be for the removal of dams:  Provided further, 
        That dam removal projects shall include written consent of the 
        dam owner, if ownership is established:  Provided further, That 
        in addition to amounts made available for administrative 
        expenses, no more than 3 percent of the amounts made available 
        under this paragraph in this Act may be transferred to ``Federal 
        Emergency Management Agency--Operations and Support'' for 
        salaries and expenses.

[[Page 135 STAT. 1387]]

            (3) $1,000,000,000 to remain available until expended, for 
        grants to states, local, tribal, and territorial governments for 
        improvement to cybersecurity and critical infrastructure, as 
        authorized by section 2218 of the Homeland Security Act of 2002, 
        as amended by this Act:  Provided, That $200,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2022, $400,000,000, to remain available until expended, 
        shall be made available for fiscal year 2023, $300,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2024, and $100,000,000, to remain available until 
        expended, shall be made available for fiscal year 2025:  
        Provided further, That no more than 3 percent of the amounts 
        made available in each of fiscal years 2022 through 2025 under 
        this paragraph in this Act may be transferred to ``Federal 
        Emergency Management Agency--Operations and Support'' for 
        salaries and expenses:

  Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                          disaster relief fund

                      (including transfer of funds)

    For an additional amount for ``Disaster Relief Fund'', 
$1,000,000,000, to remain available until expended, in addition to any 
amounts set aside pursuant to section 203(i) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), for 
grants pursuant to such section:  Provided, That $200,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $200,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025, and $200,000,000, to remain available until expended, shall be 
made available for fiscal year 2026:  Provided further, That no more 
than $16,500,000 of the amounts made available in each of fiscal years 
2022 through 2026 under this heading in this Act may be transferred to 
``Federal Emergency Management Agency--Operations and Support'' for 
salaries and expenses:  Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
resolution on the budget for fiscal year 2018, and to section 251(b) of 
the Balanced Budget and Emergency Deficit Control Act of 1985.

                      national flood insurance fund

    For an additional amount for ``National Flood Insurance Fund'', 
$3,500,000,000, to be derived from the General Fund of the Treasury, to 
remain available until expended, for flood mitigation actions and for 
flood mitigation assistance under section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 
1366(e), 1310(a)(7), and 1367 of such Act (42 U.S.C.4104c(e), 
4017(a)(7), 4104d), in addition to any other funds

[[Page 135 STAT. 1388]]

available for this purpose:  Provided, That $700,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$700,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $700,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $700,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025, and $700,000,000, to remain available until expended, shall be 
made available for fiscal year 2026:  Provided further, That 
notwithstanding section 1366(d) of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104c(d)), the Administrator of the Federal Emergency 
Management Agency may also use amounts made available under subsection 
(a) to provide flood mitigation assistance under section 1366 of that 
Act (42 U.S.C. 4104c) for mitigation activities in an amount up to 90 
percent of all eligible costs for a property--
            (1) located within a census tract with a Centers for Disease 
        Control and Prevention Social Vulnerability Index score of not 
        less than 0.5001; or
            (2) that serves as a primary residence for individuals with 
        a household income of not more than 100 percent of the 
        applicable area median income:

  Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                   Science and Technology Directorate

                        research and development

    For an additional amount for ``Research and Development'', 
$157,500,000, to remain available until September 30, 2026, for critical 
infrastructure security and resilience research, development, test, and 
evaluation:  Provided, That the funds made available under this heading 
in this Act may be used for--
            (1) special event risk assessments rating planning tools;
            (2) electromagnetic pulse and geo-magnetic disturbance 
        resilience capabilities;
            (3) positioning, navigation, and timing capabilities;
            (4) public safety and violence prevention to evaluate soft 
        target security, including countering improvised explosive 
        device events and protection of U.S. critical infrastructure; 
        and
            (5) research supporting security testing capabilities 
        relating to telecommunications equipment, industrial control 
        systems, and open source software:

  Provided further, That <<NOTE: Deadline. Spend plan.>>  not later than 
90 days after the date of enactment of this Act, the Department shall 
submit to the House and Senate Committees on Appropriations a detailed 
spend plan for the amount made available under this heading in this Act: 
 Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

[[Page 135 STAT. 1389]]

                      GENERAL PROVISION--THIS TITLE

    Sec. 501.  One-quarter <<NOTE: Transfer authority.>>  of one percent 
of the amounts made available under each heading in this title in this 
Act in each of fiscal years 2022 through 2026 shall be transferred to 
the Office of the Inspector General of the Department of the Homeland 
Security for oversight of funding provided to the Department of Homeland 
Security in this title in this Act.

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

                       DEPARTMENT OF THE INTERIOR

                 United States Fish and Wildlife Service

                           resource management

                     (including transfers of funds)

    For an additional amount for ``Resource Management'', $455,000,000, 
to remain available until expended:  Provided, That $91,000,000, to 
remain available until expended, shall be made available for fiscal year 
2022, $91,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $91,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $91,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025, and $91,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the funds 
made available under this heading in this Act, the following amounts 
shall be for the following purposes in equal amounts for each of fiscal 
years 2022 through 2026, and shall be in addition to amounts otherwise 
made available for such purpose--
            (1) $255,000,000 shall be for the following regional 
        ecosystem restoration purposes--
                    (A) $26,000,000 shall be for Delaware River Basin 
                Conservation Act;
                    (B) $162,000,000 shall be for Klamath Basin 
                restoration activities, including habitat restoration, 
                planning, design, engineering, environmental compliance, 
                fee acquisition, infrastructure development, 
                construction, operations and maintenance, improvements, 
                and expansion, as necessary, on lands currently leased 
                by the U.S. Fish and Wildlife Service for conservation 
                and recovery of endangered species;
                    (C) $17,000,000 shall be for implementing section 
                5(d)(2) of the Lake Tahoe Restoration Act; and
                    (D) $50,000,000 shall be for sagebrush steppe 
                ecosystem;
            (2) $200,000,000 shall be for restoring fish and wildlife 
        passage by removing in-stream barriers and providing technical 
        assistance under the National Fish Passage Program:

  Provided further, That one-half of one percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be transferred to the Office of Inspector General of 
the Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title

[[Page 135 STAT. 1390]]

in this Act:  Provided further, That <<NOTE: Consent.>>  nothing under 
this heading in this Act shall be construed as providing any new 
authority to remove, breach, or otherwise alter the operations of a 
Federal hydropower dam and dam removal projects shall include written 
consent of the dam owner, if ownership is established:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     United States Geological Survey

                  surveys, investigations, and research

                     (including transfers of funds)

    For an additional amount for ``Surveys, Investigations, and 
Research'', $510,668,000, to remain available until expended, for the 
Secretary of the Interior to carry out activities authorized in sections 
40201, 40204, and 41003(a) of division D of this Act:  Provided, That 
amounts made available under this heading in this Act shall be allocated 
as follows:
            (1) $320,000,000 to carry out section 40201 of division D of 
        this Act:  Provided, That $64,000,000, to remain available until 
        September 30, 2024, shall be made available for fiscal year 
        2022, $64,000,000, to remain available until September 30, 2025, 
        shall be made available for fiscal year 2023, $64,000,000, to 
        remain available until September 30, 2026, shall be made 
        available for fiscal year 2024, $64,000,000, to remain available 
        until September 30, 2027, shall be made available for fiscal 
        year 2025, and $64,000,000, to remain available until September 
        30, 2028, shall be made available for fiscal year 2026;
            (2) $167,000,000, to remain available until expended, for 
        fiscal year 2022 to carry out section 40204 of division D of 
        this Act;
            (3) $23,668,000 to carry out section 41003(a) of division D 
        of this Act:  Provided, That $8,668,000, to remain available 
        until September 30, 2024, shall be made available for fiscal 
        year 2022, $5,000,000, to remain available until September 30, 
        2025, shall be made available for fiscal year 2023, $5,000,000, 
        to remain available until September 30, 2026, shall be made 
        available for fiscal year 2024, and $5,000,000, to remain 
        available until September 30, 2027, shall be made available for 
        fiscal year 2025:

  Provided further, That amounts provided under this heading in this Act 
shall be in addition to amounts otherwise available for such purposes:  
Provided further, That one-half of one percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be transferred to the Office of Inspector General of 
the Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title in this Act:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and

[[Page 135 STAT. 1391]]

to section 251(b) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

          Office of Surface Mining Reclamation and Enforcement

                     abandoned mine reclamation fund

                     (including transfers of funds)

    For an additional amount to be deposited in the ``Abandoned Mine 
Reclamation Fund'', $11,293,000,000, to remain available until expended, 
to carry out section 40701 of division D of this Act:  Provided, That of 
the amount provided under this heading in this Act, $25,000,000, to 
remain available until expended, shall be to carry out activities as 
authorized in section 40701(g) of division D of this Act:  Provided 
further, That up to 3 percent of the amounts made available under this 
heading in this Act shall be for salaries, expenses, and administration: 
 Provided further, That one-half of one percent of the amounts made 
available under this heading in this Act shall be transferred to the 
Office of Inspector General of the Department of the Interior for 
oversight of funding provided to the Department of the Interior in this 
title in this Act:  Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                             Indian Affairs

                        Bureau of Indian Affairs

                       operation of indian programs

                     (including transfers of funds)

    For an additional amount for ``Operation of Indian Programs'', 
$216,000,000, to remain available until expended for tribal climate 
resilience, adaptation, and community relocation planning, design, and 
implementation of projects which address the varying climate challenges 
facing tribal communities across the country:  Provided, That of the 
funds in the preceding proviso, $43,200,000, to remain available until 
expended, shall be made available for fiscal year 2022, $43,200,000, to 
remain available until expended, shall be made available for fiscal year 
2023, $43,200,000, to remain available until expended shall be made 
available for fiscal year 2024, $43,200,000, to remain available until 
expended, shall be made available for fiscal year 2025, and $43,200,000, 
to remain available until expended, shall be made available for fiscal 
year 2026:  Provided further, That of the funds made available under the 
preceding proviso for fiscal years 2022 through 2026, $130,000,000 shall 
be for community relocation, and $86,000,000 shall be for tribal climate 
resilience and adaptation projects:  Provided further, That up to 3 
percent of the amounts made available under this heading in this Act in 
each of fiscal years 2022 through 2026 shall be for salaries, expenses, 
and administration:  Provided further, That one-half of one percent of 
the amounts made available under this heading in this Act in each of 
fiscal years 2022 through 2026

[[Page 135 STAT. 1392]]

shall be transferred to the Office of Inspector General of the 
Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title in this Act:  Provided further, 
That awards made under subsection (d) to Tribes and Tribal organizations 
under the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5301 et seq.) shall be considered non-recurring and shall not be 
part of the amount required by section 106 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5325), and such 
funds shall only be used for the purposes identified in this section:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                              construction

                     (including transfers of funds)

    For an additional amount for ``Construction'', $250,000,000, to 
remain available until expended, for construction, repair, improvement, 
and maintenance of irrigation and power systems, safety of dams, water 
sanitation, and other facilities:  Provided, That any funds provided for 
the Safety of Dams program pursuant to the Act of November 2, 1921 (25 
U.S.C. 13), shall be made available on a nonreimbursable basis:  
Provided further, That $50,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $50,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$50,000,000, to remain available until expended, shall be made available 
for fiscal year 2024, $50,000,000, to remain available until expended, 
shall be made available for fiscal year 2025, and $50,000,000, to remain 
available until expended, shall be made available for fiscal year 2026:  
Provided further, That of the funds made available under this heading in 
this Act for fiscal years 2022 through 2026--
            (1) Not less than $50,000,000 shall be for addressing 
        irrigation and power systems; and
            (2) $200,000,000 shall be for safety of dams, water 
        sanitation, and other facilities:

  Provided further, That up to 3 percent of the amounts made available 
under this heading in this Act in each of fiscal years 2022 through 2026 
shall be for salaries, expenses, and administration:  Provided further, 
That one-half of one percent of the amounts made available under this 
heading in this Act in each of fiscal years 2022 through 2026 shall be 
transferred to the Office of Inspector General of the Department of the 
Interior for oversight of funding provided to the Department of the 
Interior in this title in this Act:  Provided further, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 135 STAT. 1393]]

                          Departmental Offices

                         Office of the Secretary

                         departmental operations

                     (including transfers of funds)

    For an additional amount for ``Departmental Operations'', 
$905,000,000, to remain available until expended, for the Secretary of 
the Interior to carry out activities, as authorized in section 40804 of 
division D of this Act:  Provided, That $337,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$142,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $142,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $142,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025, and $142,000,000, to remain available until expended, shall be 
made available for fiscal year 2026:  Provided further, That the 
Secretary may transfer the funds provided under this heading in this Act 
to any other account in the Department of the Interior to carry out such 
purposes:  Provided further, That the Secretary of the Interior and the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, may authorize the transfer of funds provided under this heading 
in this Act between the Departments for the purpose of carrying out 
activities as authorized in section 40804(b)(1) of division D of this 
Act:  Provided further, That up to 3 percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be for salaries, expenses, and administration:  
Provided further, That one-half of one percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be transferred to the Office of Inspector General of 
the Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title in this Act:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                        Department-Wide Programs

                        wildland fire management

                     (including transfers of funds)

    For an additional amount for ``Wildland Fire Management'', 
$1,458,000,000, to remain available until expended:  Provided, That 
$407,600,000, to remain available until expended, shall be made 
available for fiscal year 2022, $262,600,000, to remain available until 
expended, shall be made available for fiscal year 2023, $262,600,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $262,600,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $262,600,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the funds

[[Page 135 STAT. 1394]]

made available under this heading in this Act, the following amounts 
shall be for the following purposes for the following fiscal years--
            (1) $1,055,000,000 for the Secretary of the Interior to 
        carry out activities for the Department of the Interior, as 
        authorized in section 40803 of division D of this Act, including 
        fuels management activities, of which $327,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2022 and $182,000,000, to remain available until expended, 
        shall be made available for each of fiscal years 2023 through 
        2026;
            (2) In addition to amounts made available in paragraph (1) 
        for fuels management activities, $35,600,000 for each of fiscal 
        years 2022 through 2026 for such purpose; and
            (3) In addition to amounts made available in paragraph (1) 
        for burned area rehabilitation, $45,000,000 for each of fiscal 
        years 2022 through 2026 for such purpose:

  Provided further, That up to $2,000,000 for each of fiscal years 2022 
through 2026 from funds made available in paragraphs (2) and (3) of the 
preceding proviso shall be for implementation of the Tribal Forestry 
Protection Act, as amended (Public Law 108-278):  Provided further, That 
the Secretary may transfer the funds provided under this heading in this 
Act to any other account in the Department of the Interior to carry out 
such purposes:  Provided further, That funds appropriated under this 
heading in this Act may be transferred to the United States Fish and 
Wildlife Service and the National Marine Fisheries Service for the costs 
of carrying out their responsibilities under the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required 
by section 7 of such Act, in connection with wildland fire management 
activities:  Provided further, That up to 3 percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be for salaries, expenses, and administration:  
Provided further, That one-half of one percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be transferred to the Office of Inspector General of 
the Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title in this Act:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                 Energy Community Revitalization Program

                     (including transfers of funds)

    For an additional amount for Department-Wide Programs, 
$4,677,000,000, to remain available until expended, for an Energy 
Community Revitalization program to carry out orphaned well site 
plugging, remediation, and restoration activities authorized in section 
349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by 
section 40601 of division D of this Act:  Provided, That of the funds 
made available under this heading in this Act, the following amounts 
shall be for the following purposes--

[[Page 135 STAT. 1395]]

            (1) $250,000,000, to remain available until September 30, 
        2030, shall be to carry out activities authorized in section 
        349(b) of the Energy Policy Act of 2005 (42 U.S.C. 15907(b)), as 
        amended by section 40601 of division D of this Act;
            (2) $775,000,000, to remain available until September 30, 
        2030, shall be to carry out activities authorized in section 
        349(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 
        15907(c)(3)), as amended by section 40601 of division D of this 
        Act;
            (3) $2,000,000,000, to remain available until September 30, 
        2030, shall be to carry out activities authorized in section 
        349(c)(4) of the Energy Policy Act of 2005 (42 U.S.C. 
        15907(c)(4)), as amended by section 40601 of division D of this 
        Act;
            (4) $1,500,000,000, to remain available until September 30, 
        2030, shall be to carry out activities authorized in section 
        349(c)(5) of the Energy Policy Act of 2005 (42 U.S.C. 
        15907(c)(5)), as amended by section 40601 of division D of this 
        Act;
            (5) $150,000,000, to remain available until September 30, 
        2030, shall be to carry out activities authorized in section 
        349(d) of the Energy Policy Act of 2005 (42 U.S.C.15907(d)), as 
        amended by section 40601 of division D of this Act;

  Provided further, That <<NOTE: Contracts.>>  of the amount provided 
under this heading in this Act, $2,000,000 shall be provided by the 
Secretary through a cooperative agreement with the Interstate Oil and 
Gas Compact Commission to carry out the consultations authorized in 
section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as 
amended by section 40601 of division D of this Act:  Provided further, 
That amounts provided under this heading in this Act shall be in 
addition to amounts otherwise available for such purposes:  Provided 
further, That amounts provided under this heading in this Act are not 
available to fulfill Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) obligations agreed to in settlement or 
imposed by a court, whether for payment of funds or for work to be 
performed:  Provided further, That the Secretary may transfer the funds 
provided under this heading in this Act to any other account in the 
Department of the Interior to carry out such purposes:  Provided 
further, That the Secretary may transfer funds made available in 
paragraph (1) of the first proviso under this heading to the Secretary 
of Agriculture, acting through the Chief of the Forest Service, to carry 
out such purposes:  Provided further, That up to 3 percent of the 
amounts made available under this heading in this Act shall be for 
salaries, expenses, and administration:  Provided further, That one-half 
of one percent of the amounts made available under this heading in this 
Act shall be transferred to the Office of Inspector General of the 
Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title in this Act:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

[[Page 135 STAT. 1396]]

             General Provisions, Department of the Interior

    Sec. 601.  Not <<NOTE: Deadline. Spend plans.>>  later than 90 days 
after the date of enactment of this Act, the Secretary of the Interior 
shall submit to the House and Senate Committees on Appropriations a 
detailed spend plan for the funds provided to the Department of the 
Interior in this title in this Act for fiscal year 2022, and for each 
fiscal year through 2026, as part of the annual budget submission of the 
President under section 1105(a) of title 31, United States Code, the 
Secretary of the Interior shall submit a detailed spend plan for the 
funds provided to the Department of the Interior in this title in this 
Act for that fiscal year.

                     ENVIRONMENTAL PROTECTION AGENCY

                  Environmental Programs and Management

                     (including transfers of funds)

    For an additional amount for ``Environmental Programs and 
Management'', $1,959,000,000, which shall be allocated as follows:
            (1) $1,717,000,000, to remain available until expended, for 
        Geographic Programs as specified in the explanatory statement 
        described in section 4 of the matter preceding division A of 
        Public Law 116-260:  Provided, That $343,400,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2022, $343,400,000, to remain available until expended, 
        shall be made available for fiscal year 2023, $343,400,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2024, $343,400,000, to remain available until 
        expended, shall be made available for fiscal year 2025, and 
        $343,400,000, to remain available until expended, shall be made 
        available for fiscal year 2026:  Provided further, That of the 
        funds made available in this paragraph in this Act, the 
        following amounts shall be for the following purposes in equal 
        amounts for each of fiscal years 2022 through 2026--
                    (A) $1,000,000,000 shall be for Great Lakes 
                Restoration Initiative;
                    (B) $238,000,000 shall be for Chesapeake Bay;
                    (C) $24,000,000 shall be for San Francisco Bay;
                    (D) $89,000,000 shall be for Puget Sound;
                    (E) $106,000,000 shall be for Long Island Sound;
                    (F) $53,000,000 shall be for Gulf of Mexico;
                    (G) $16,000,000 shall be for South Florida;
                    (H) $40,000,000 shall be for Lake Champlain;
                    (I) $53,000,000 shall be for Lake Pontchartrain;
                    (J) $15,000,000 shall be for Southern New England 
                Estuaries;
                    (K) $79,000,000 shall be for Columbia River Basin; 
                and
                    (L) $4,000,000 shall be for other geographic 
                activities which includes Pacific Northwest:
          Provided further, That <<NOTE: Waiver authority.>>  the 
        Administrator may waive or reduce the required non-Federal share 
        for amounts made available under this paragraph in this Act for 
        the purposes described in the preceding proviso;
            (2) $132,000,000, to remain available until expended, for 
        the National Estuary Program grants under section 320(g)(2)

[[Page 135 STAT. 1397]]

        of the Federal Water Pollution Control Act, notwithstanding the 
        funding limitation in section 320(i)(2)(B) of the Act:  
        Provided, That $26,400,000, to remain available until expended, 
        shall be made available for fiscal year 2022, $26,400,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2023, $26,400,000, to remain available until 
        expended, shall be made available for fiscal year 2024, 
        $26,400,000, to remain available until expended, shall be made 
        available for fiscal year 2025, and $26,400,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2026:  Provided further, That <<NOTE: Waiver authority.>>  
        the Administrator may waive or reduce the required non-Federal 
        share for amounts made available under this paragraph in this 
        Act:  Provided further, That up to three percent of the amounts 
        made available under this paragraph in this Act shall be for 
        salaries, expenses, and administration;
            (3) $60,000,000, to remain available until expended, for 
        actions under the Gulf Hypoxia Action Plan:  Provided, That 
        $12,000,000, to remain available until expended, shall be made 
        available for fiscal year 2022, $12,000,000, to remain available 
        until expended, shall be made available for fiscal year 2023, 
        $12,000,000, to remain available until expended, shall be made 
        available for fiscal year 2024, $12,000,000, to remain available 
        until expended, shall be made available for fiscal year 2025, 
        and $12,000,000, to remain available until expended, shall be 
        made available for fiscal year 2026: <<NOTE: State listing.>>   
        Provided further, That funds shall be provided annually to the 
        twelve states serving as members of the Mississippi River/Gulf 
        of Mexico Watershed Nutrient Task Force (Arkansas, Iowa, 
        Illinois, Indiana, Kentucky, Louisiana, Minnesota, Missouri, 
        Mississippi, Ohio, Tennessee, and Wisconsin) in equal amounts 
        for each state for the period of fiscal year 2022 to fiscal year 
        2026:  Provided further, That up to three percent of the amounts 
        made available under this paragraph in this Act shall be for 
        salaries, expenses, and administration;
            (4) $25,000,000, to remain available until expended, to 
        support permitting of Class VI wells as authorized under section 
        40306 of division D of this Act, to be carried out by Drinking 
        Water Programs:  Provided, That $5,000,000, to remain available 
        until expended, shall be made available for fiscal year 2022, 
        $5,000,000, to remain available until expended, shall be made 
        available for fiscal year 2023, $5,000,000, to remain available 
        until expended, shall be made available for fiscal year 2024, 
        $5,000,000, to remain available until expended, shall be made 
        available for fiscal year 2025, and $5,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2026;
            (5) $10,000,000, to remain available until September 30, 
        2026, for developing battery recycling best practices, as 
        authorized under section 70401(b) of division G of this Act, to 
        be carried out by the Resource Conservation and Recovery Act 
        program;
            (6) $15,000,000, to remain available until September 30, 
        2026, for developing voluntary battery labeling guidelines, as 
        authorized under section 70401(c) of division G of this Act, to 
        be carried out by the Resource Conservation and Recovery Act 
        program;

[[Page 135 STAT. 1398]]

  Provided, That funds provided for the purposes described in paragraphs 
(1), (2), and (3) under this heading in this Act may be transferred to 
the United States Fish and Wildlife Service and the National Marine 
Fisheries Service for the costs of carrying out their responsibilities 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 
consult and conference, as required by section 7 of such Act, in 
connection with Geographic programs, the National Estuary Program, and 
the Gulf Hypoxia Action Plan:  Provided further, That amounts provided 
under this heading in this Act shall be in addition to amounts otherwise 
available for such purposes:  Provided further, That one-half of one 
percent of the amounts made available under this heading in this Act in 
each of fiscal years 2022 through 2026 shall be transferred to the 
Office of Inspector General of the Environmental Protection Agency for 
oversight of funding provided to the Environmental Protection Agency in 
this title in this Act:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                      Hazardous Substance Superfund

                     (including transfers of funds)

    For an additional amount for ``Hazardous Substance Superfund'', 
$3,500,000,000, to remain available until expended, consisting of such 
sums as are available in the Trust Fund on September 30, 2021, as 
authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $3,500,000,000 as a payment 
from general revenues to the Hazardous Substance Superfund for purposes 
as authorized by section 517(b) of SARA, for all costs associated with 
Superfund: Remedial activities:  Provided, That in providing technical 
and project implementation assistance for amounts made available under 
this heading in this Act, the Administrator shall consider the unique 
needs of Tribal communities with contaminated sites where the 
potentially responsible parties cannot pay or cannot be identified, but 
shall not alter the process for prioritizing site cleanups:  Provided 
further, That amounts provided under this heading in this Act shall be 
in addition to amounts otherwise available for such purposes:  Provided 
further, That amounts provided under this heading in this Act shall not 
be subject to cost share requirements under section 104(c)(3) of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (CERCLA) (42 U.S.C. 9604(c)(3)):  Provided further, 
That <<NOTE: Reports.>>  the Administrator of the Environmental 
Protection Agency shall annually report to Congress on the status of 
funded projects:  Provided further, That one-half of one percent of the 
amounts made available under this heading in this Act in each of fiscal 
years 2022 through 2026 shall be transferred to the Office of Inspector 
General of the Environmental Protection Agency for oversight of funding 
provided to the Environmental Protection Agency in this title in this 
Act:  Provided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget

[[Page 135 STAT. 1399]]

for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                   State and Tribal Assistance Grants

                     (including transfers of funds)

    For an additional amount for ``State and Tribal Assistance Grants'', 
$55,426,000,000, to remain available until expended:  Provided, That 
amounts made available under this heading in this Act shall be allocated 
as follows:
            (1) $11,713,000,000 for capitalization grants for the Clean 
        Water State Revolving Funds under title VI of the Federal Water 
        Pollution Control Act:  Provided, That $1,902,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2022, $2,202,000,000, to remain available until expended, 
        shall be made available for fiscal year 2023, $2,403,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2024, $2,603,000,000, to remain available until 
        expended, shall be made available for fiscal year 2025, and 
        $2,603,000,000, to remain available until expended, shall be 
        made available for fiscal year 2026:  Provided further, That for 
        the funds provided under this paragraph in this Act in fiscal 
        year 2022 and fiscal year 2023, the State shall deposit in the 
        State loan fund from State moneys an amount equal to at least 10 
        percent of the total amount of the grant to be made to the 
        State, notwithstanding sections 602(b)(2), 602(b)(3) or 202 of 
        the Federal Water Pollution Control Act:  Provided further, 
        That <<NOTE: Contracts.>>  for the funds made available under 
        this paragraph in this Act, forty-nine percent of the funds made 
        available to each State for Clean Water State Revolving Fund 
        capitalization grants shall be used by the State to provide 
        subsidy to eligible recipients in the form of assistance 
        agreements with 100 percent forgiveness of principal or grants 
        (or any combination of these), notwithstanding section 
        603(i)(3)(B) of the Federal Water Pollution Control Act (33 
        U.S.C. 1383):  Provided further, That up to three percent of the 
        amounts made available under this paragraph in this Act in 
        fiscal year 2022 and up to two percent in each of fiscal years 
        2023 through 2026 shall be for salaries, expenses, and 
        administration:  Provided further, That not less than 80 percent 
        of the amounts the Administrator uses in each fiscal year for 
        salaries, expenses, and administration from amounts made 
        available under this paragraph in this Act for such purposes 
        shall be used for purposes other than hiring full-time 
        employees:  Provided further, That 0.35 percent of the amounts 
        made available under this paragraph in this Act in each of 
        fiscal years 2022 through 2026 shall be transferred to the 
        Office of Inspector General of the Environmental Protection 
        Agency for oversight of funding provided to the Environmental 
        Protection Agency in this title in this Act;
            (2) $11,713,000,000 for capitalization grants for the 
        Drinking Water State Revolving Funds under section 1452 of the 
        Safe Drinking Water Act:  Provided, That $1,902,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2022, $2,202,000,000, to remain available until 
        expended, shall be made available for fiscal year 2023,

[[Page 135 STAT. 1400]]

        $2,403,000,000, to remain available until expended, shall be 
        made available for fiscal year 2024, $2,603,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2025, and $2,603,000,000, to remain available until 
        expended, shall be made available for fiscal year 2026:  
        Provided further, That for the funds provided under this 
        paragraph in this Act in fiscal year 2022 and fiscal year 2023, 
        the State shall deposit in the State loan fund from State moneys 
        an amount equal to at least 10 percent of the total amount of 
        the grant to be made to the State, notwithstanding section 
        1452(e) of the Safe Drinking Water Act: <<NOTE: Contracts.>>   
        Provided further, That for the funds made available under this 
        paragraph in this Act, forty-nine percent of the funds made 
        available to each State for Drinking Water State Revolving Fund 
        capitalization grants shall be used by the State to provide 
        subsidy to eligible recipients in the form of assistance 
        agreements with 100 percent forgiveness of principal or grants 
        (or any combination of these), notwithstanding section 
        1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12):  
        Provided further, That up to three percent of the amounts made 
        available under this paragraph in this Act in fiscal year 2022 
        and up to two percent in each of fiscal years 2023 through 2026 
        shall be for salaries, expenses, and administration:  Provided 
        further, That not less than 80 percent of the amounts the 
        Administrator uses in each fiscal year for salaries, expenses, 
        and administration from amounts made available under this 
        paragraph in this Act for such purposes shall be used for 
        purposes other than hiring full-time employees:  Provided 
        further, That 0.35 percent of the amounts made available under 
        this paragraph in this Act in each of fiscal years 2022 through 
        2026 shall be transferred to the Office of Inspector General of 
        the Environmental Protection Agency for oversight of funding 
        provided to the Environmental Protection Agency in this title in 
        this Act;
            (3) $15,000,000,000 for capitalization grants for the 
        Drinking Water State Revolving Funds under section 1452 of the 
        Safe Drinking Water Act:  Provided, That $3,000,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2022, $3,000,000,000, to remain available until 
        expended, shall be made available for fiscal year 2023, 
        $3,000,000,000, to remain available until expended, shall be 
        made available for fiscal year 2024, $3,000,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2025, and $3,000,000,000, to remain available until 
        expended, shall be made available for fiscal year 2026:  
        Provided further, That <<NOTE: Lead replacement.>>  the funds 
        provided under this paragraph in this Act shall be for lead 
        service line replacement projects and associated activities 
        directly connected to the identification, planning, design, and 
        replacement of lead service lines:  Provided further, 
        That <<NOTE: Contracts.>>  for the funds made available under 
        this paragraph in this Act, forty-nine percent of the funds made 
        available to each State for Drinking Water State Revolving Fund 
        capitalization grants shall be used by the State to provide 
        subsidy to eligible recipients in the form of assistance 
        agreements with 100 percent forgiveness of principal or grants 
        (or any combination of these), notwithstanding section 
        1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12):  
        Provided further, That the funds provided under this paragraph 
        in this

[[Page 135 STAT. 1401]]

        Act shall not be subject to the matching or cost share 
        requirements of section 1452(e) of the Safe Drinking Water Act:  
        Provided further, That up to three percent of the amounts made 
        available under this paragraph in this Act in fiscal year 2022 
        and up to two percent in each of fiscal years 2023 through 2026 
        shall be for salaries, expenses, and administration:  Provided 
        further, That one-half of one percent of the amounts made 
        available under this paragraph in this Act in each of fiscal 
        years 2022 through 2026 shall be transferred to the Office of 
        Inspector General of the Environmental Protection Agency for 
        oversight of funding provided to the Environmental Protection 
        Agency in this title in this Act;
            (4) $1,000,000,000 for capitalization grants for the Clean 
        Water State Revolving Funds under title VI of the Federal Water 
        Pollution Control Act:  Provided, That $100,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2022, $225,000,000, to remain available until expended, 
        shall be made available for fiscal year 2023, $225,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2024, $225,000,000, to remain available until 
        expended, shall be made available for fiscal year 2025, and 
        $225,000,000, to remain available until expended, shall be made 
        available for fiscal year 2026:  Provided further, That funds 
        provided under this paragraph in this Act shall be for eligible 
        uses under section 603(c) of the Federal Water Pollution Control 
        Act that address emerging contaminants:  Provided further, That 
        funds provided under this paragraph in this Act shall not be 
        subject to the matching or cost share requirements of sections 
        602(b)(2), 602(b)(3), or 202 of the Federal Water Pollution 
        Control Act: <<NOTE: Contracts.>>   Provided further, That funds 
        provided under this paragraph in this Act deposited into the 
        state revolving fund shall be provided to eligible recipients as 
        assistance agreements with 100 percent principal forgiveness or 
        as grants (or a combination of these):  Provided further, That 
        up to three percent of the amounts made available under this 
        paragraph in this Act in fiscal year 2022 and up to two percent 
        in each of fiscal years 2023 through 2026 shall be for salaries, 
        expenses, and administration:  Provided further, That one-half 
        of one percent of the amounts made available under this 
        paragraph in this Act in each of fiscal years 2022 through 2026 
        shall be transferred to the Office of Inspector General of the 
        Environmental Protection Agency for oversight of funding 
        provided to the Environmental Protection Agency in this title in 
        this Act;
            (5) $4,000,000,000 for capitalization grants for the 
        Drinking Water State Revolving Funds under section 1452 of the 
        Safe Drinking Water Act:  Provided, That $800,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2022, $800,000,000, to remain available until expended, 
        shall be made available for fiscal year 2023, $800,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2024, $800,000,000, to remain available until 
        expended, shall be made available for fiscal year 2025, and 
        $800,000,000, to remain available until expended, shall be made 
        available for fiscal year 2026:  Provided further, That funds 
        provided under this paragraph in this Act shall be to address 
        emerging contaminants in drinking water with a focus on

[[Page 135 STAT. 1402]]

        perfluoroalkyl and polyfluoroalkyl substances through 
        capitalization grants under section 1452(t) of the Safe Drinking 
        Water Act for the purposes described in section 1452(a)(2)(G) of 
        such Act:  Provided further, That <<NOTE: Loans.>>  funds 
        provided under this paragraph in this Act deposited into the 
        State revolving fund shall be provided to eligible recipients as 
        loans with 100 percent principal forgiveness or as grants (or a 
        combination of these):  Provided further, That funds provided 
        under this paragraph in this Act shall not be subject to the 
        matching or cost share requirements of section 1452(e) of the 
        Safe Drinking Water Act:  Provided further, That up to three 
        percent of the amounts made available under this paragraph in 
        this Act in fiscal year 2022 and up to two percent in each of 
        fiscal years 2023 through 2026 shall be for salaries, expenses, 
        and administration:  Provided further, That one-half of one 
        percent of the amounts made available under this paragraph in 
        this Act in each of fiscal years 2022 through 2026 shall be 
        transferred to the Office of Inspector General of the 
        Environmental Protection Agency for oversight of funding 
        provided to the Environmental Protection Agency in this title in 
        this Act;
            (6) $5,000,000,000 for grants for addressing emerging 
        contaminants under subsections (a) through (j) of section 1459A 
        of the Safe Drinking Water Act (42 U.S.C. 300j-19a):  Provided, 
        That $1,000,000,000, to remain available until expended, shall 
        be made available for fiscal year 2022, $1,000,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2023, $1,000,000,000, to remain available until 
        expended, shall be made available for fiscal year 2024, 
        $1,000,000,000, to remain available until expended, shall be 
        made available for fiscal year 2025, and $1,000,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2026:  Provided further, That funds provided to 
        States under this paragraph may be used for projects that 
        address emerging contaminants supporting a community described 
        in section 1459A, subsection (c)(2), of the Safe Drinking Water 
        Act, notwithstanding the definition of underserved communities 
        in section 1459A, subsection (a)(2), of the Safe Drinking Water 
        Act:  Provided further, That funds provided under this paragraph 
        in this Act shall not be subject to the matching or cost share 
        requirements of section 1459A of the Safe Drinking Water Act:  
        Provided further, That up to three percent of the amounts made 
        available under this paragraph in this Act in each of fiscal 
        years 2022 through 2026 shall be for salaries, expenses, and 
        administration:  Provided further, That one-half of one percent 
        of the amounts made available under this paragraph in this Act 
        in each of fiscal years 2022 through 2026 shall be transferred 
        to the Office of Inspector General of the Environmental 
        Protection Agency for oversight of funding provided to the 
        Environmental Protection Agency in this title in this Act;
            (7) $50,000,000, to remain available until expended, to 
        award Underground Injection Control grants, as authorized under 
        section 40306 of division D of this Act, and for activities to 
        support states' efforts to develop programs leading to primacy:  
        Provided, That up to three percent of the amounts made available 
        under this paragraph in this Act shall be for salaries, 
        expenses, and administration:  Provided further, That one-half

[[Page 135 STAT. 1403]]

        of one percent of the amounts made available under this 
        paragraph in this Act shall be transferred to the Office of 
        Inspector General of the Environmental Protection Agency for 
        oversight of funding provided to the Environmental Protection 
        Agency in this title in this Act;
            (8) $1,500,000,000 for brownfields activities:  Provided, 
        That $300,000,000, to remain available until expended, shall be 
        made available for fiscal year 2022, $300,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2023, $300,000,000, to remain available until expended, 
        shall be made available for fiscal year 2024, $300,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2025, and $300,000,000, to remain available until 
        expended, shall be made available for fiscal year 2026:  
        Provided further, That of the amounts made available in this 
        paragraph in this Act, the following amounts shall be for the 
        following purposes, in equal amounts for each of fiscal years 
        2022 through 2026--
                    (A) $1,200,000,000 shall be to carry out Brownfields 
                projects authorized by section 104(k) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (CERCLA), including grants, 
                interagency agreements and associated program support 
                costs, of which up to $600,000,000, notwithstanding 
                funding limitations in such sections of such Act, may be 
                for--
                          (i) grants under section 104(k)(3)(A)(ii) of 
                      CERCLA to remediate brownfields sites in amounts 
                      not to exceed $5,000,000 per grant;
                          (ii) multipurpose grants under section 
                      104(k)(4)(B)(i) of CERCLA in amounts not to exceed 
                      $10,000,000 per grant;
                          (iii) grants under sections 104(k)(2)(B) and 
                      104(k)(5)(A)(i) of CERCLA for site 
                      characterization and assessment activities on a 
                      community-wide or site-by-site basis in amounts 
                      not to exceed $10,000,000 per grant and without 
                      further limitation on the amount that may be 
                      expended for any individual brownfield site;
                          (iv) grants under sections 104(k)(3)(A)(i) and 
                      104(k)(5)(A)(ii) of CERCLA for capitalization of 
                      revolving loan funds in amounts not to exceed 
                      $10,000,000 per grant; and
                          (v) grants under section 104(k)(7) of CERCLA 
                      for job training in amounts not to exceed 
                      $1,000,000 per grant; and
                    (B) $300,000,000 shall be to carry out section 128 
                of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980:
          Provided further, That funds provided under this paragraph in 
        this Act shall not be subject to cost share requirements under 
        section 104(k)(10)(B)(iii) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980:  Provided 
        further, That <<NOTE: Reports.>>  the Administrator of the 
        Environmental Protection Agency shall annually report to 
        Congress on the status of funded projects:  Provided further, 
        That up to three percent of the amounts made available under 
        this paragraph in this Act in each of fiscal years 2022 through 
        2026 shall be for salaries, expenses, and administration:  
        Provided further,

[[Page 135 STAT. 1404]]

        That one-half of one percent of the amounts made available under 
        this paragraph in this Act in each of fiscal years 2022 through 
        2026 shall be transferred to the Office of Inspector General of 
        the Environmental Protection Agency for oversight of funding 
        provided to the Environmental Protection Agency in this title in 
        this Act;
            (9) $100,000,000 for all costs for carrying out section 6605 
        of the Pollution Prevention Act:  Provided, That $20,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2022, $20,000,000, to remain available until 
        expended, shall be made available for fiscal year 2023, 
        $20,000,000, to remain available until expended, shall be made 
        available for fiscal year 2024, $20,000,000, to remain available 
        until expended, shall be made available for fiscal year 2025, 
        and $20,000,000, to remain available until expended, shall be 
        made available for fiscal year 2026:  Provided further, That 
        funds provided under this paragraph in this Act shall not be 
        subject to cost share requirements under section 6605(c) of the 
        Pollution Prevention Act:  Provided further, That one-half of 
        one percent of the amounts made available under this paragraph 
        in this Act in each of fiscal years 2022 through 2026 shall be 
        transferred to the Office of Inspector General of the 
        Environmental Protection Agency for oversight of funding 
        provided to the Environmental Protection Agency in this title in 
        this Act;
            (10) $275,000,000 for grants under section 302(a) of the 
        Save Our Seas 2.0 Act (Public Law 116-224):  Provided, That 
        $55,000,000, to remain available until expended, shall be made 
        available for fiscal year 2022, $55,000,000, to remain available 
        until expended, shall be made available for fiscal year 2023, 
        $55,000,000, to remain available until expended, shall be made 
        available for fiscal year 2024, $55,000,000, to remain available 
        until expended, shall be made available for fiscal year 2025, 
        and $55,000,000, to remain available until expended, shall be 
        made available for fiscal year 
        2026: <<NOTE: Oklahoma. Determination. Alaska.>>   Provided 
        further, That notwithstanding section 302(a) of such Act, the 
        Administrator may also provide grants pursuant to such authority 
        to tribes, intertribal consortia consistent with the 
        requirements in 40 CFR 35.504(a), former Indian reservations in 
        Oklahoma (as determined by the Secretary of the Interior), and 
        Alaskan Native Villages as defined in Public Law 92-203:  
        Provided further, That up to three percent of the amounts made 
        available under this paragraph in this Act in each of fiscal 
        years 2022 through 2026 shall be for salaries, expenses, and 
        administration:  Provided further, That one-half of one percent 
        of the amounts made available under this paragraph in this Act 
        in each of fiscal years 2022 through 2026 shall be transferred 
        to the Office of Inspector General of the Environmental 
        Protection Agency for oversight of funding provided to the 
        Environmental Protection Agency in this title in this Act;
            (11) $75,000,000 to award grants focused on improving 
        material recycling, recovery, management, and reduction, as 
        authorized under section 70402 of division G of this Act:  
        Provided, That $15,000,000, to remain available until expended, 
        shall be made available for fiscal year 2022, $15,000,000, to 
        remain available until expended, shall be made available for 
        fiscal year 2023, $15,000,000, to remain available until

[[Page 135 STAT. 1405]]

        expended, shall be made available for fiscal year 2024, 
        $15,000,000, to remain available until expended, shall be made 
        available for fiscal year 2025, and $15,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2026:  Provided further, That up to three percent of the 
        amounts made available under this paragraph in this Act in each 
        of fiscal years 2022 through 2026 shall be for salaries, 
        expenses, and administration:  Provided further, That one-half 
        of one percent of the amounts made available under this 
        paragraph in this Act in each of fiscal years 2022 through 2026 
        shall be transferred to the Office of Inspector General of the 
        Environmental Protection Agency for oversight of funding 
        provided to the Environmental Protection Agency in this title in 
        this Act;
            (12) $5,000,000,000 for the Clean School Bus Program as 
        authorized under section 741 of the Energy Policy Act of 2005 
        (42 U.S.C. 16091), as amended by section 71101 of division G of 
        this Act:  Provided, That $1,000,000,000, to remain available 
        until expended, shall be made available for fiscal year 2022, 
        $1,000,000,000, to remain available until expended, shall be 
        made available for fiscal year 2023, $1,000,000,000, to remain 
        available until expended, shall be made available for fiscal 
        year 2024, $1,000,000,000, to remain available until expended, 
        shall be made available for fiscal year 2025, and 
        $1,000,000,000, to remain available until expended, shall be 
        made available for fiscal year 2026:  Provided further, That of 
        the funds provided, $500,000,000 shall be provided annually for 
        zero-emission school buses, as defined in section 741(a)(8) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(8)), as 
        amended by section 71101 of division G of this Act, and 
        $500,000,000 shall be provided annually for clean school buses 
        and zero-emission school buses, as defined in section 741(a)(3) 
        of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(3)), as 
        amended by section 71101 of division G of this Act:  Provided 
        further, That up to three percent of the amounts made available 
        under this paragraph in this Act in each of fiscal years 2022 
        through 2026 shall be for salaries, expenses, and 
        administration:  Provided further, That up to one-half of one 
        percent of the of the amounts made available under this heading 
        in this Act in each of fiscal years 2022 through 2026 shall be 
        transferred to the Office of Inspector General of the 
        Environmental Protection Agency for oversight of funding 
        provided to the Environmental Protection Agency in this title in 
        this Act:  Provided further, That if there are unobligated funds 
        in any of fiscal years 2022 through 2026 after the Administrator 
        of the Environmental Protection Agency issues awards for that 
        fiscal year, States may compete for those funds, notwithstanding 
        the 10 percent limitation under section 741(b)(7)(B) of the 
        Energy Policy Act of 2005 (42 U.S.C. 16091(b)(7)(B)), as amended 
        by section 71101 of division G of this Act:

  Provided further, That amounts provided under this heading in this Act 
shall be in addition to amounts otherwise available for such purposes:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section

[[Page 135 STAT. 1406]]

251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

           General Provisions--Environmental Protection Agency

                     (including transfers of funds)

    Sec. 611.  Funds made available to the Environmental Protection 
Agency by this Act for salaries, expenses, and administration purposes 
may be transferred to the ``Environmental Programs and Management'' 
account or the ``Science and Technology'' account as needed for such 
purposes.
    Sec. 612.  Not <<NOTE: Deadline. Spend plans.>>  later than 90 days 
after the date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall submit to the House and Senate 
Committees on Appropriations a detailed spend plan for the funds 
provided to the Environmental Protection Agency in this title for fiscal 
year 2022, and for each fiscal year through 2026, as part of the annual 
budget submission of the President under section 1105(a) of title 31, 
United States Code, the Administrator of the Environmental Protection 
Agency shall submit a detailed spend plan for the funds provided to the 
Environmental Protection Agency in this title for that fiscal year.

    Sec. 613. <<NOTE: 26 USC 9507 note.>>   For this fiscal year and 
each fiscal year thereafter, such sums as are available in the Hazardous 
Substance Superfund established under section 9507 of the Internal 
Revenue Code of 1986 at the end of the preceding fiscal year from taxes 
received in the Treasury under subsection (b)(1) of such section shall 
be available, without further appropriation, to be used to carry out the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.).

    Sec. 614. (a) Drinking Water.--There is authorized to be 
appropriated to carry out the purposes of section 1452 of the Safe 
Drinking Water Act (42 U.S.C. 300j-12), in addition to amounts otherwise 
authorized to be appropriated for those purposes, an additional 
$1,126,000,000 for each of fiscal years 2022 through 2026.
    (b) Clean Water.--There is authorized to be appropriated to carry 
out the purposes of title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1381 et seq.), in addition to amounts otherwise authorized to 
be appropriated for those purposes, an additional $1,639,000,000 for 
each of fiscal years 2022 through 2026.

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                      forest and rangeland research

    For an additional amount for ``Forest and Rangeland Research'', 
$10,000,000, to remain available until September 30, 2029, for the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, to carry out activities of the Joint Fire Science Program, as 
authorized in section 40803 of division D of this Act:  Provided, That 
$2,000,000, to remain available until September 30, 2025, shall be made 
available for fiscal year 2022, $2,000,000, to remain available until 
September 30, 2026, shall be made available for fiscal year 2023, 
$2,000,000, to remain available until September

[[Page 135 STAT. 1407]]

30, 2027, shall be made available for fiscal year 2024, $2,000,000, to 
remain available until September 30, 2028, shall be made available for 
fiscal year 2025, and $2,000,000, to remain available until September 
30, 2029, shall be made available for fiscal year 2026:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                       state and private forestry

                     (including transfers of funds)

    For an additional amount for ``State and Private Forestry'', 
$1,526,800,000, to remain available until September 30, 2029:  Provided, 
That $305,360,000, to remain available until September 30, 2025, shall 
be made available for fiscal year 2022, $305,360,000, to remain 
available until September 30, 2026, shall be made available for fiscal 
year 2023, $305,360,000, to remain available until September 30, 2027, 
shall be made available for fiscal year 2024, $305,360,000, to remain 
available until September 30, 2028, shall be made available for fiscal 
year 2025, and $305,360,000, to remain available until September 30, 
2029, shall be made available for fiscal year 2026:  Provided further, 
That of the funds made available under this heading in this Act, the 
following amounts shall be for the following purposes in equal amounts 
for each of fiscal years 2022 through 2026--
            (1) $718,000,000 for the Secretary of Agriculture, acting 
        through the Chief of the Forest Service, to carry out activities 
        for the Department of Agriculture, as authorized in sections 
        40803 and 40804 of division D of this Act;
            (2) In addition to amounts made available in paragraph (1) 
        for grants to at-risk communities for wildfire mitigation 
        activities, not less than $500,000,000 for such purposes;
            (3) Not less than $88,000,000 for State Fire Assistance; and
            (4) Not less than $20,000,000 for Volunteer Fire Assistance:

  Provided further, That amounts made available under this heading in 
this Act for each of fiscal years 2022 through 2026 may be transferred 
between accounts affected by the Forest Service budget restructure 
outlined in section 435 of division D of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94) to carry out the activities 
in support of this heading:  Provided further, That up to 3 percent of 
the amounts made available under this heading in this Act in each of 
fiscal years 2022 through 2026 shall be for salaries, expenses, and 
administration:  Provided further, That one-half of one percent of the 
amounts made available under this heading in this Act in each of fiscal 
years 2022 through 2026 shall be transferred to the Office of Inspector 
General of the Department of Agriculture for oversight of funding 
provided to the Forest Service in this title in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

[[Page 135 STAT. 1408]]

                         national forest system

                     (including transfers of funds)

    For an additional amount for ``National Forest System'', 
$2,854,000,000, to remain available until expended:  Provided, That 
$734,800,000, to remain available until expended, shall be made 
available for fiscal year 2022, $529,800,000, to remain available until 
expended, shall be made available for fiscal year 2023, $529,800,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $529,800,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $529,800,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the funds made available under this heading in this 
Act, the following amounts shall be for the following purposes--
            (1) $2,115,000,000 for the Secretary of Agriculture, acting 
        through the Chief of the Forest Service, to carry out activities 
        for the Department of Agriculture as authorized in sections 
        40803 and 40804 of division D of this Act, of which 
        $587,000,000, to remain available until expended, shall be made 
        available for fiscal year 2022 and $382,000,000, to remain 
        available until expended, shall be made available for each of 
        fiscal years 2023 through 2026;
            (2) In addition to amounts made available in paragraph (1) 
        for hazardous fuels management activities, $102,800,000 for each 
        of fiscal years 2022 through 2026 for such purposes; and
            (3) In addition to amounts made available in paragraph (1) 
        for burned area recovery, $45,000,000 for each of fiscal years 
        2022 through 2026 for such purposes:

  Provided further, That up to $12,000,000 for each of fiscal years 2022 
through 2026 from funds made available in paragraph (2) of the preceding 
proviso may be used to make grants, using any authorities available for 
the Forest Service under the ``State and Private Forestry'' 
appropriation for the purposes of creating incentives for increased use 
of biomass from National Forest System lands, including the Community 
Wood Energy Program and the Wood Innovation Grants Program:  Provided 
further, That up to $8,000,000 for each of fiscal years 2022 through 
2026 from funds made available in paragraph (2) of the preceding proviso 
shall be for implementation of the Tribal Forestry Protection Act, as 
amended (Public Law 108-278):  Provided further, That funds appropriated 
under this heading in this Act may be transferred to the United States 
Fish and Wildlife Service and the National Marine Fisheries Service for 
the costs of carrying out their responsibilities under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, 
as required by section 7 of such Act, in connection with wildland fire 
management activities:  Provided further, That the Secretary of the 
Interior and the Secretary of Agriculture, acting through the Chief of 
the Forest Service, may authorize the transfer of funds provided under 
this heading in this Act between the Departments for the purpose of 
carrying out activities as authorized in section 40804(b)(1) of division 
D of this Act:  Provided further, That amounts made available under this 
heading in this Act for each of fiscal years 2022 through 2026 may be 
transferred between accounts affected by the Forest

[[Page 135 STAT. 1409]]

Service budget restructure outlined in section 435 of division D of the 
Further Consolidated Appropriations Act, 2020 (Public Law 116-94) to 
carry out the activities in support of this heading:  Provided further, 
That amounts made available under this heading in this Act in each of 
fiscal years 2022 through 2026 shall be available for salaries and 
expenses:  Provided further, That one-half of one percent of the amounts 
made available under this heading in this Act in each of fiscal years 
2022 through 2026 shall be transferred to the Office of Inspector 
General of the Department of Agriculture for oversight of funding 
provided to the Forest Service in this title in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                   capital improvement and maintenance

                     (including transfers of funds)

    For an additional amount for ``Capital Improvement and 
Maintenance'', $360,000,000, to remain available until September 30, 
2029:  Provided, That $72,000,000, to remain available until September 
30, 2025, shall be made available for fiscal year 2022, $72,000,000, to 
remain available until September 30, 2026, shall be made available for 
fiscal year 2023, $72,000,000, to remain available until September 30, 
2027, shall be made available for fiscal year 2024, $72,000,000, to 
remain available until September 30, 2028, shall be made available for 
fiscal year 2025, and $72,000,000, to remain available until September 
30, 2029, shall be made available for fiscal year 2026:  Provided 
further, That of the funds made available under this heading in this 
Act, the following amounts shall be for the following purposes in equal 
amounts for each of fiscal years 2022 through 2026--
            (1) $250,000,000 to carry out activities of the Legacy Road 
        and Trail Remediation Program, as authorized in Public Law 88-
        657 (16 U.S.C. 532 et seq.) (commonly known as the ``Forest 
        Roads and Trails Act''), as amended by section 40801 of division 
        D of this Act;
            (2) $100,000,000 for construction of temporary roads or 
        reconstruction and maintenance of roads to facilitate forest 
        restoration and management projects that reduce wildfire risk; 
        and
            (3) $10,000,000 for the removal of non-hydropower Federal 
        dams and for providing dam removal technical assistance:

  Provided further, That funds appropriated under this heading in this 
Act may be transferred to the United States Fish and Wildlife Service 
and the National Marine Fisheries Service for the costs of carrying out 
their responsibilities under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) to consult and conference, as required by section 7 
of such Act, in connection with wildland fire management activities:  
Provided further, That amounts made available under this heading in this 
Act for each of fiscal years 2022 through 2026 may be transferred 
between accounts affected by the Forest Service budget restructure 
outlined in section 435 of division D of the Further Consolidated 
Appropriations Act, 2020

[[Page 135 STAT. 1410]]

(Public Law 116-94) to carry out the activities in support of this 
heading:  Provided further, That one-half of one percent of the amounts 
made available under this heading in this Act in each of fiscal years 
2022 through 2026 shall be transferred to the Office of Inspector 
General of the Department of Agriculture for oversight of funding 
provided to the Forest Service in this title in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                        wildland fire management

                     (including transfers of funds)

    For an additional amount for ``Wildland Fire Management'', 
$696,200,000 to remain available until expended, for the Secretary of 
Agriculture, acting through the Chief of the Forest Service, to carry 
out activities for the Department of Agriculture as authorized in 
section 40803 of division D of this Act:  Provided, That $552,200,000, 
to remain available until expended, shall be made available for fiscal 
year 2022, $36,000,000, to remain available until expended, shall be 
made available for fiscal year 2023, $36,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$36,000,000, to remain available until expended, shall be made available 
for fiscal year 2025, and $36,000,000, to remain available until 
expended, shall be made available for fiscal year 
2026: <<NOTE: Consultation.>>   Provided further, That funds 
appropriated under this heading in this Act may be transferred to the 
United States Fish and Wildlife Service and the National Marine 
Fisheries Service for the costs of carrying out their responsibilities 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 
consult and conference, as required by section 7 of such Act, in 
connection with wildland fire management activities:  Provided further, 
That amounts made available under this heading in this Act for each of 
fiscal years 2022 through 2026 may be transferred between accounts 
affected by the Forest Service budget restructure outlined in section 
435 of division D of the Further Consolidated Appropriations Act, 2020 
(Public Law 116- 94) to carry out the activities in support of this 
heading:  Provided further, That amounts made available under this 
heading in this Act in each of fiscal years 2022 through 2026, shall be 
available for salaries and expenses to carry out such purposes:  
Provided further, That one-half of one percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be transferred to the Office of Inspector General of 
the Department of Agriculture for oversight of funding provided to the 
Forest Service in this title in this Act:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

[[Page 135 STAT. 1411]]

   administrative <<NOTE: Deadline. Spend plans.>>  provision--forest 
service

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, shall submit to the House and Senate Committees on 
Appropriations a detailed spend plan for the funds provided to the 
Forest Service in this title in this Act for fiscal year 2022, and for 
each fiscal year through 2026, as part of the annual budget submission 
of the President under section 1105(a) of title 31, United States Code, 
the Secretary shall submit a detailed spend plan for the funds provided 
to the Forest Service in this title in this Act for that fiscal year.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                        indian health facilities

                     (including transfers of funds)

    For an additional amount for ``Indian Health Facilities'', 
$3,500,000,000, to remain available until expended, for the provision of 
domestic and community sanitation facilities for Indians, as authorized 
by section 7 of the Act of August 5, 1954 (68 Stat. 674):  Provided, 
That $700,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $700,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $700,000,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $700,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $700,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amounts made available under this heading, up to 
$2,200,000,000 shall be for projects that exceed the economical unit 
cost and shall be available until expended:  Provided further, That up 
to three percent of the amounts made available in each fiscal year shall 
be for salaries, expenses, and administration:  Provided further, That 
one-half of one percent of the amounts made available under this heading 
in this Act in each fiscal years 2022 through 2026 shall be transferred 
to the Office of Inspector General of the Department of Health and Human 
Services for oversight of funding provided to the Department of Health 
and Human Services in this title in this Act:  Provided further, That no 
funds available to the Indian Health Service for salaries, expenses, 
administration, and oversight shall be available for contracts, grants, 
compacts, or cooperative agreements under the provisions of the Indian 
Self-Determination and Education Assistance Act as amended:  Provided 
further, That funds under this heading made available to Tribes and 
Tribal organizations under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5301 et seq.) shall be available on a one-time 
basis, are nonrecurring, and shall not be part of the amount required by 
section 106 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5325), and shall only be used for the purposes identified 
in this heading:  Provided further, That not later than 90 
days <<NOTE: Deadline. Spend plan.>>  after the date of enactment of 
this Act, the Secretary of Health and Human Services shall submit to the 
House and Senate Committees on Appropriations a detailed

[[Page 135 STAT. 1412]]

spend plan for fiscal year 2022:  Provided further, That <<NOTE: Spend 
plan.>>  for each fiscal year through 2026, as part of the annual budget 
submission of the President under section 1105(a) of title 31, United 
States Code, the Secretary of Health and Human Services shall submit a 
detailed spend plan for that fiscal year:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

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

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                    low income home energy assistance

    For an additional amount for ``Low Income Home Energy Assistance'', 
$500,000,000, to remain available through September 30, 2026, for making 
payments under subsection (b) of section 2602 of the Low-Income Home 
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.):  Provided, That 
$100,000,000, to remain available until September 30, 2026, shall be 
made available in fiscal year 2022, $100,000,000, to remain available 
until September 30, 2026, shall be made available in fiscal year 2023, 
$100,000,000, to remain available until September 30, 2026, shall be 
made available in fiscal year 2024, $100,000,000, to remain available 
until September 30, 2026, shall be made available in fiscal year 2025, 
and $100,000,000, to remain available until September 30, 2026, shall be 
made available in fiscal year 2026:  Provided further, That, of the 
amount available for obligation in a fiscal year under this heading in 
this Act, $50,000,000 shall be allocated as though the total 
appropriation for such payments for such fiscal year was less than 
$1,975,000,000:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

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

                      DEPARTMENT OF TRANSPORTATION

                         Office of the Secretary

                   national infrastructure investments

    For an additional amount for ``National Infrastructure 
Investments'', $12,500,000,000, to remain available until expended, for 
necessary expenses to carry out chapter 67 of title 49, United States 
Code, of which $5,000,000,000 shall be to carry out section 6701 of such 
title and $7,500,000,000 shall be to carry out section 6702 of such 
title:  Provided, That, of the amount made available

[[Page 135 STAT. 1413]]

under this heading in this Act to carry out section 6701 of title 49, 
United States Code, $1,000,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $1,000,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That, of the amount 
made available under this heading in this Act to carry out section 6702 
of title 49, United States Code, $1,500,000,000, to remain available 
until September 30, 2026, shall be made available for fiscal year 2022, 
$1,500,000,000, to remain until September 30, 2027, shall be made 
available for fiscal year 2023, $1,500,000,000, to remain available 
until September 30, 2028, shall be made available for fiscal year 2024, 
$1,500,000,000, to remain available until September 30, 2029, shall be 
made available for fiscal year 2025, and $1,500,000,000, to remain 
available September 30, 2030, shall be made available for fiscal year 
2026:  Provided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and pursuant to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                  safe streets and roads for all grants

    For an additional amount for ``Safe Streets and Roads for All 
Grants'', $5,000,000,000, to remain available until expended, for 
competitive grants, as authorized under section 24112 of division B of 
this Act:  Provided, That $1,000,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $1,000,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2023, $1,000,000,000, to remain available until expended, shall be 
made available for fiscal year 2024, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, 
That <<NOTE: Notice. Deadline.>>  the Secretary shall issue a notice of 
funding opportunity not later than 180 days after each date upon which 
funds are made available under the preceding proviso:  Provided further, 
That <<NOTE: Awards. Deadline.>>  the Secretary shall make awards not 
later than 270 days after issuing the notices of funding opportunity 
required under the preceding proviso:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

      national culvert removal, replacement, and restoration grants

    For an additional amount for ``National Culvert Removal, 
Replacement, and Restoration Grants'', $1,000,000,000, to remain 
available until expended, as authorized by section 6203 of title 49, 
United States Code:  Provided, That $200,000,000, to remain

[[Page 135 STAT. 1414]]

available until expended, shall be made available for fiscal year 2022, 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $200,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025, and $200,000,000, to remain available until expended, shall be 
made available for fiscal year 2026:  Provided further, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

 strengthening mobility and revolutionizing transportation grant program

    For an additional amount for ``Strengthening Mobility and 
Revolutionizing Transportation Grant Program'', $500,000,000, to remain 
available until expended, as authorized by section 25005 of division B 
of this Act:  Provided, That $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $100,000,000, to 
remain available until expended, shall be made available for fiscal year 
2023, $100,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

  administrative provisions--office of the secretary of transportation

                      (including transfer of funds)

    Sec. 801. (a) Amounts made available to the Secretary of 
Transportation or the Department of Transportation's Operating 
Administrations in this title in this Act and in section 117 of title 
23, United States Code, for fiscal years 2022 through 2026 for the costs 
of award, administration, or oversight of financial assistance under the 
programs administered by the Office of Multimodal Infrastructure and 
Freight may be transferred to an ``Office of Multimodal Infrastructure 
and Freight'' account, to remain available until expended, for the 
necessary expenses of award, administration, or oversight of any 
discretionary financial assistance programs funded under this title in 
this Act or division A of this Act:  Provided, That one-half of one 
percent of the amounts transferred pursuant to the authority in this 
section in each of fiscal years 2022 through 2026 shall be transferred 
to the Office of Inspector General of the Department of Transportation 
for oversight of funding provided to the Department of Transportation in 
this title in this Act:  Provided further, That the amount provided by 
this section is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget

[[Page 135 STAT. 1415]]

for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    (b) In addition to programs identified in section 118(d) of title 
49, United States Code, the Office of Multimodal Infrastructure and 
Freight shall administer, with support from the Department's Operating 
Administrations, the following financial assistance programs--
            (1) the national infrastructure projects program under 
        section 6701 of title 49, United States Code;
            (2) the local and regional projects program under section 
        6702 of title 49, United States Code;
            (3) the strengthening mobility and revolutionizing 
        transportation grant program under section 25005 of division B 
        of this Act;
            (4) the nationally significant freight and highways projects 
        under section 117 of title 23, United States Code;
            (5) the national culvert removal, replacement, and 
        restoration grant program under section 6203 of title 49, United 
        States Code; and
            (6) other discretionary financial assistance programs that 
        the Secretary determines should be administered by the Office of 
        Multimodal Infrastructure and Freight, subject to the approval 
        of the House and Senate Committees on Appropriations as required 
        under section 405 of Division L of the Consolidated 
        Appropriations Act, 2021.

                     Federal Aviation Administration

                        facilities and equipment

    For an additional amount for ``Facilities and Equipment'', 
$5,000,000,000, to remain available until expended:  Provided, That 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That amounts made 
available under this heading in this Act shall be derived from the 
general fund of the Treasury:  Provided further, That funds provided 
under this heading in this Act shall be for: (1) replacing terminal and 
en route air traffic control facilities; (2) improving air route traffic 
control center and combined control facility buildings; (3) improving 
air traffic control en route radar facilities; (4) improving air traffic 
control tower and terminal radar approach control facilities; (5) 
national airspace system facilities OSHA and environmental standards 
compliance; (6) landing and navigational aids; (7) fuel storage tank 
replacement and management; (8) unstaffed infrastructure sustainment; 
(9) real property disposition; (10) electrical power system sustain and 
support; (11) energy maintenance and compliance; (12) hazardous 
materials management and environmental cleanup; (13) facility security 
risk management; (14) mobile asset management program; and (15) 
administrative expenses, including salaries and expenses, 
administration, and oversight:  Provided further, That not less than 
$200,000,000 of

[[Page 135 STAT. 1416]]

the funds made available under this heading in this Act shall be for air 
traffic control towers that are owned by the Federal Aviation 
Administration and staffed through the contract tower program:  Provided 
further, That <<NOTE: Deadline. Spend plan. List.>>  not later than 90 
days after the date of enactment of this Act, the Secretary of 
Transportation shall submit to the House and Senate Committees on 
Appropriations a detailed spend plan, including a list of project 
locations of air traffic control towers and contract towers, to be 
funded for fiscal year 2022:  Provided further, That <<NOTE: Spend 
plan. List.>>  for each fiscal year through 2026, as part of the annual 
budget submission of the President under section 1105(a) of title 31, 
United States Code, the Secretary of Transportation shall submit a 
detailed spend plan for funding that will be made available under this 
heading in the upcoming fiscal year, including a list of projects for 
replacing facilities that are owned by the Federal Aviation 
Administration, including air traffic control towers that are staffed 
through the contract tower program:  Provided further, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                      airport infrastructure grants

                      (including transfer of funds)

    For an additional amount for ``Airport Infrastructure Grants'', 
$15,000,000,000, to remain available until September 30, 2030:  
Provided, That $3,000,000,000, to remain available until September 30, 
2026, shall be made available for fiscal year 2022, $3,000,000,000, to 
remain available until September 30, 2027, shall be made available for 
fiscal year 2023, $3,000,000,000, to remain available until September 
30, 2028, shall be made available for fiscal year 2024, $3,000,000,000, 
to remain available until September 30, 2029, shall be made available 
for fiscal year 2025, and $3,000,000,000, to remain available until 
September 30, 2030, shall be made available for fiscal year 2026:  
Provided further, That amounts made available under this heading in this 
Act shall be derived from the general fund of the Treasury:  Provided 
further, That amounts made available under this heading in this Act 
shall be made available to sponsors of any airport eligible to receive 
grants under section 47115 of title 49, United States Code, for airport-
related projects defined under section 40117(a)(3) of title 49, United 
States Code:  Provided further, That of the funds made available under 
this heading in this Act, in each of fiscal years 2022 through 2026--
            (1) Not more than $2,480,000,000 shall be available for 
        primary airports as defined in section 47102(16) of title 49, 
        United States Code, and certain cargo airports:  Provided, That 
        such funds shall not be subject to the reduced apportionments of 
        section 47114(f) of title 49, United States Code:  Provided 
        further, That <<NOTE: Apportionment.>>  such funds shall first 
        be apportioned as set forth in sections 47114(c)(1)(A), 
        47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A), 
        47114(c)(2)(B), and 47114(c)(2)(E), 47114(c)(1)(J) of title 49, 
        United States Code:  Provided further, That there shall be no 
        maximum apportionment limit:  Provided further,

[[Page 135 STAT. 1417]]

        That any remaining funds after such apportionment shall be 
        distributed to all sponsors of primary airports (as defined in 
        section 47102(16) of title 49, United States Code) based on each 
        such airport's passenger enplanements compared to total 
        passenger enplanements of all airports defined in section 
        47102(16) of title 49, United States Code, for calendar year 
        2019 in fiscal years 2022 and 2023 and thereafter for the most 
        recent calendar year enplanements upon which the Secretary has 
        apportioned funds pursuant to section 47114(c) of title 49, 
        United States Code;
            (2) Not more than $500,000,000 shall be for general aviation 
        and commercial service airports that are not primary airports as 
        defined in paragraphs (7), (8), and (16) of section 47102 of 
        title 49, United States Code:  Provided, 
        That <<NOTE: Apportionment.>>  the Secretary of Transportation 
        shall apportion the remaining funds to each non-primary airport 
        based on the categories published in the most current National 
        Plan of Integrated Airport Systems, reflecting the percentage of 
        the aggregate published eligible development costs for each such 
        category, and then dividing the allocated funds evenly among the 
        eligible airports in each category, rounding up to the nearest 
        thousand dollars:  Provided further, That any remaining funds 
        under this paragraph in this Act shall be distributed as 
        described in paragraph (3) in this proviso under this heading in 
        this Act; and
            (3) $20,000,000 for the Secretary of Transportation to make 
        competitive grants to sponsors of airports participating in the 
        contract tower program and the contract tower cost share program 
        under section 47124 of title 49, United States Code to: (1) 
        sustain, construct, repair, improve, rehabilitate, modernize, 
        replace or relocate nonapproach control towers; (2) acquire and 
        install air traffic control, communications, and related 
        equipment to be used in those towers; and (3) construct a remote 
        tower certified by the Federal Aviation Administration, 
        including acquisition and installation of air traffic control, 
        communications, or related equipment:  Provided, That the 
        Federal Aviation Administration shall give priority 
        consideration to projects that enhance aviation safety and 
        improve air traffic efficiency:  Provided further, That the 
        Federal share of the costs for which a grant is made under this 
        paragraph shall be 100 percent:

  Provided further, That any funds made available in a given fiscal year 
that remain unobligated at the end of the fourth fiscal year after which 
they were first made available for obligation shall be made available in 
the fifth fiscal year after which they were first made available for 
obligation to the Secretary for competitive grants:  Provided further, 
That of the amounts made available to the Secretary for competitive 
grants under the preceding proviso, the Secretary shall first provide up 
to $100,000,000, as described in paragraph (3) of the fourth proviso, 
and any remaining unobligated balances in excess of that amount shall be 
available to the Secretary for competitive grants otherwise eligible 
under the third proviso that reduce airport emissions, reduce noise 
impact to the surrounding community, reduce dependence on the electrical 
grid, or provide general benefits to the surrounding community:  
Provided further, That none of the amounts made available under this 
heading in this Act may be used to pay for airport debt service:  
Provided further, That a grant made from funds made available

[[Page 135 STAT. 1418]]

under this heading in this Act shall be treated as having been made 
pursuant to the Secretary's authority under section 47104(a) of title 
49, United States Code:  Provided further, That up to 3 percent of the 
amounts made available under this heading in this Act in each of fiscal 
years 2022 through 2026 shall be for personnel, contracting, and other 
costs to administer and oversee grants, of which $1,000,000 in each 
fiscal year shall be transferred to the Office of Inspector General of 
the Department of Transportation for oversight of funding provided to 
the Department of Transportation in this title in this Act:  Provided 
further, That the Federal share of the costs of a project under 
paragraphs (1) and (2) of the fourth proviso under this heading shall be 
the percent for which a project for airport development would be 
eligible under section 47109 of title 49, United States Code:  Provided 
further, That obligations of funds under this heading in this Act shall 
not be subject to any limitations on obligations provided in any Act 
making annual appropriations:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        airport terminal program

                      (including transfer of funds)

    For an additional amount for ``Airport Terminal Program'', 
$5,000,000,000, to remain available until September 30, 2030, for the 
Secretary of Transportation to provide competitive grants for airport 
terminal development projects that address the aging infrastructure of 
the nation's airports:  Provided, That $1,000,000,000, to remain 
available until September 30, 2026, shall be made available for fiscal 
year 2022, $1,000,000,000, to remain available until September 30, 2027, 
shall be made available for fiscal year 2023, $1,000,000,000, to remain 
available until September 30, 2028, shall be made available for fiscal 
year 2024, $1,000,000,000, to remain available until September 30, 2029, 
shall be made available for fiscal year 2025, and $1,000,000,000, to 
remain available until September 30, 2030, shall be made available for 
fiscal year 2026:  Provided further, That amounts made available under 
this heading in this Act shall be derived from the general fund of the 
Treasury:  Provided further, That <<NOTE: Notice. Deadline.>>  the 
Secretary shall issue a notice of funding opportunity not later than 60 
days after the date of enactment of this Act:  Provided further, That of 
the funds made available under this heading in this Act, not more than 
55 percent shall be for large hub airports, not more than 15 percent 
shall be for medium hub airports, not more than 20 percent shall be for 
small hub airports, and not less than 10 percent shall be for nonhub and 
nonprimary airports:  Provided further, That in awarding grants for 
terminal development projects from funds made available under this 
heading in this Act, the Secretary may consider projects that qualify as 
``terminal development'' (including multimodal terminal development), as 
that term is defined in 49 U.S.C. Sec. 47102(28), projects for on-
airport rail access projects as set forth in Passenger Facility Charge 
(PFC) Update 75-21, and projects for relocating, reconstructing, 
repairing, or improving an airport-owned air traffic

[[Page 135 STAT. 1419]]

control tower:  Provided further, That in awarding grants for terminal 
development projects from funds made available under this heading in 
this Act, the Secretary shall give consideration to projects that 
increase capacity and passenger access; projects that replace aging 
infrastructure; projects that achieve compliance with the Americans with 
Disabilities Act and expand accessibility for persons with disabilities; 
projects that improve airport access for historically disadvantaged 
populations; projects that improve energy efficiency, including 
upgrading environmental systems, upgrading plant facilities, and 
achieving Leadership in Energy and Environmental Design (LEED) 
accreditation standards; projects that improve airfield safety through 
terminal relocation; and projects that encourage actual and potential 
competition:  Provided further, That the Federal share of the cost of a 
project carried out from funds made available under this heading in this 
Act shall be 80 percent for large and medium hub airports and 95 percent 
for small hub, nonhub, and nonprimary airports:  Provided further, That 
a grant made from funds made available under this heading in this Act 
shall be treated as having been made pursuant to the Secretary's 
authority under section 47104(a) of title 49, United States Code:  
Provided further, That the Secretary may provide grants from funds made 
available under this heading in this Act for a project at any airport 
that is eligible to receive a grant from the discretionary fund under 
section 47115(a) of title 49, United States Code:  Provided further, 
That in making awards from funds made available under this heading in 
this Act, the Secretary shall provide a preference to projects that 
achieve a complete development objective, even if awards for the project 
must be phased, and the Secretary shall prioritize projects that have 
received partial awards:  Provided further, That up to 3 percent of the 
amounts made available under this heading in this Act in each fiscal 
year shall be for personnel, contracting and other costs to administer 
and oversee grants, of which $1,000,000 in each fiscal year shall be 
transferred to the Office of Inspector General of the Department of 
Transportation for oversight of funding provided to the Department of 
Transportation in this title in this Act:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     Federal Highway Administration

  highway infrastructure <<NOTE: State and local governments. Electric 
vehicles.>>  program

                      (including transfer of funds)

    For an additional amount for ``Highway Infrastructure Programs'', 
$47,272,000,000, to remain available until expended except as otherwise 
provided under this heading:  Provided, That of the amount provided 
under this heading in this Act, $9,454,400,000, to remain available 
until September 30, 2025, shall be made available for fiscal year 2022, 
$9,454,400,000, to remain available until September 30, 2026, shall be 
made available for fiscal year 2023, $9,454,400,000, to remain available 
until September 30, 2027, shall be made available for fiscal year 2024, 
$9,454,400,000, to remain

[[Page 135 STAT. 1420]]

available until September 30, 2028, shall be made available for fiscal 
year 2025, and $9,454,400,000, to remain available until September 30, 
2029, shall be made available for fiscal year 2026:  Provided further, 
That the funds made available under this heading in this Act shall be 
derived from the general fund of the Treasury, shall be in addition to 
any other amounts made available for such purpose, and shall not affect 
the distribution or amount of funds provided in any Act making annual 
appropriations:  Provided further, That, except for funds provided in 
paragraph (1) under this heading in this Act, up to 1.5 percent of the 
amounts made available under this heading in this Act in each of fiscal 
years 2022 through 2026 shall be for operations and administrations of 
the Federal Highway Administration, of which $1,000,000 in each fiscal 
year shall be transferred to the Office of the Inspector General of the 
Department of Transportation for oversight of funding provided to the 
Department of Transportation in this title in this Act:  Provided 
further, That the amounts made available in the preceding proviso may be 
combined with the funds made available in paragraph (1) under this 
heading in this Act for the same purposes in the same account:  Provided 
further, That the funds made available under this heading in this Act 
shall not be subject to any limitation on obligations for Federal-aid 
highways or highway safety construction programs set forth in any Act 
making annual appropriations:  Provided further, That, of the amount 
provided under this heading in this Act, the following amounts shall be 
for the following purposes in equal amounts for each of fiscal years 
2022 through 2026--
            (1) $27,500,000,000 shall be for a bridge replacement, 
        rehabilitation, preservation, protection, and construction 
        program:  Provided further, That, except as otherwise provided 
        under this paragraph in this Act, the funds made available under 
        this paragraph in this Act shall be administered as if 
        apportioned under chapter 1 of title 23, United States Code:  
        Provided further, That a project funded with funds made 
        available under this paragraph in this Act shall be treated as a 
        project on a Federal-aid highway:  Provided further, That, of 
        the funds made available under this paragraph in this Act for a 
        fiscal year, 3 percent shall be set aside to carry out section 
        202(d) of title 23, United States Code:  Provided further, That 
        funds set aside under the preceding proviso to carry out section 
        202(d) of such title shall be in addition to funds otherwise 
        made available to carry out such section and shall be 
        administered as if made available under such section:  Provided 
        further, That for funds set aside under the third proviso of 
        this paragraph in this Act to carry out section 202(d) of title 
        23, United States Code, the Federal share of the costs shall be 
        100 percent:  Provided further, That, <<NOTE: Definitions.>>  
        for the purposes of funds made available under this paragraph in 
        this Act: (1) the term ``State'' has the meaning given such term 
        in section 101 of title 23, United States Code; (2) the term 
        ``off-system bridge'' means a highway bridge located on a public 
        road, other than a bridge on a Federal-aid highway; and (3) the 
        term ``Federal-aid highway'' means a public highway eligible for 
        assistance under chapter 1 of title 23, United States Code, 
        other than a highway functionally classified as a local road or 
        rural minor collector:  Provided further, That up to one-half of 
        one percent of the amounts made available under this

[[Page 135 STAT. 1421]]

        paragraph in this Act in each fiscal year shall be for the 
        administration and operations of the Federal Highway 
        Administration:  Provided further, That, after setting aside 
        funds under the third proviso of this paragraph in this Act the 
        Secretary shall distribute the remaining funds made available 
        under this paragraph in this Act among States as follows--
                    (A) 75 percent by the proportion that the total cost 
                of replacing all bridges classified in poor condition in 
                such State bears to the sum of the total cost to replace 
                all bridges classified in poor condition in all States; 
                and
                    (B) 25 percent by the proportion that the total cost 
                of rehabilitating all bridges classified in fair 
                condition in such State bears to the sum of the total 
                cost to rehabilitate all bridges classified in fair 
                condition in all States:

  Provided further, That the amounts calculated under the preceding 
proviso shall be adjusted such that each State receives, for each of 
fiscal years 2022 through 2026, no less than $45,000,000 under such 
proviso:  Provided further, That <<NOTE: Determination. Replacement 
costs.>>  for purposes of the preceding 2 provisos, the Secretary shall 
determine replacement and rehabilitation costs based on the average unit 
costs of bridges from 2016 through 2020, as submitted by States to the 
Federal Highway Administration, as required by section 144(b)(5) of 
title 23, United States Code:  Provided further, 
That <<NOTE: Determination. Bridges.>>  for purposes of determining the 
distribution of funds to States under this paragraph in this Act, the 
Secretary shall calculate the total deck area of bridges classified as 
in poor or fair condition based on the National Bridge Inventory as of 
December 31, 2020:  Provided further, That, subject to the following 
proviso, funds made available under this paragraph in this Act that are 
distributed to States shall be used for highway bridge replacement, 
rehabilitation, preservation, protection, or construction projects on 
public roads:  Provided further, That of the funds made available under 
this paragraph in this Act that are distributed to a State, 15 percent 
shall be set aside for use on off-system bridges for the same purposes 
as described in the preceding proviso:  Provided further, 
That, <<NOTE: Determination.>>  except as provided in the following 
proviso, for funds made available under this paragraph in this Act that 
are distributed to States, the Federal share shall be determined in 
accordance with section 120 of title 23, United States Code:  Provided 
further, That for funds made available under this paragraph in this Act 
that are distributed to States and used on an off-system bridge that is 
owned by a county, town, township, city, municipality or other local 
agency, or federally-recognized Tribe the Federal share shall be 100 
percent;
            (2) $5,000,000,000, to remain available until expended for 
        amounts made available for each of fiscal years 2022 through 
        2026, shall be to carry out a National Electric Vehicle Formula 
        Program (referred to in this paragraph in this Act as the 
        ``Program'') to provide funding to States to strategically 
        deploy electric vehicle charging infrastructure and to establish 
        an interconnected network to facilitate data collection, access, 
        and reliability:  Provided, That funds made available under this 
        paragraph in this Act shall be used for: (1) the acquisition and 
        installation of electric vehicle charging infrastructure to 
        serve as a catalyst for the deployment of such infrastructure 
        and to connect it to a network to facilitate data collection, 
        access, and reliability; (2) proper operation and maintenance of 
        electric vehicle charging infrastructure; and (3) data sharing

[[Page 135 STAT. 1422]]

        about electric vehicle charging infrastructure to ensure the 
        long-term success of investments made under this paragraph in 
        this Act:  Provided further, That for each of fiscal years 2022 
        through 2026, the Secretary shall distribute among the States 
        the funds made available under this paragraph in this Act so 
        that each State receives an amount equal to the proportion that 
        the total base apportionment or allocation determined for the 
        State under subsection (c) of section 104 or under section 165 
        of title 23, United States Code, bears to the total base 
        apportionments or allocations for all States under subsection 
        (c) of section 104 and section 165 of title 23, United States 
        Code:  Provided further, That the Federal share payable for the 
        cost of a project funded under this paragraph in this Act shall 
        be 80 percent:  Provided further, 
        That <<NOTE: Deadline. Plan. Web posting.>>  tn poor condition 
        in such State bears to the sum of the total cost to replace all 
        bridges classified in poor condition in all States; and (B) 25 
        percent by the proportion that the total cost of rehabilitating 
        all bridges classified in fair condition in such State bears to 
        the sum of the total cost to rehabilitate all bridges classified 
        in fair condition in all States: Provided further, That the 
        amounts calculated under the preceding proviso shall be adjusted 
        such that each State receives, for each of fiscal years 2022 
        through 2026, no less than $45,000,000 under such proviso: 
        Provided further, That <<NOTE: Determination. Replacement 
        costs.>> for purposes of the preceding 2 provisos, the Secretary 
        shall determine replacement and rehabilitation costs based on 
        the average unit costs of bridges from 2016 through 2020, as 
        submitted by States to the Federal Highway Administration, as 
        required by section 144(b)(5) of title 23, United States Code: 
        Provided further, That <<NOTE: Determination. Bridges.>> for 
        purposes of determining the distribution of funds to States 
        under this paragraph in this Act, the Secretary shall calculate 
        the total deck area of bridges classified as in poor or fair 
        condition based on the National Bridge Inventory as of December 
        31, 2020: Provided further, That, subject to the following 
        proviso, funds made available under this paragraph in this Act 
        that are distributed to States shall be used for highway bridge 
        replacement, rehabilitation, preservation, protection, or 
        construction projects on public roads: Provided further, That of 
        the funds made available under this paragraph in this Act that 
        are distributed to a State, 15 percent shall be set aside for 
        use on off-system bridges for the same purposes as described in 
        the preceding proviso: Provided further, That, <<NOTE: 
        Determination.>> except as provided in the following proviso, 
        for funds made available under this paragraph in this Act that 
        are distributed to States, the Federal share shall be determined 
        in accordance with section 120 of title 23, United States Code: 
        Provided further, That for funds made available under this 
        paragraph in this Act that are distributed to States and used on 
        an off-system bridge that is owned by a county, town, township, 
        city, municipality or other local agency, or federally-
        recognized Tribe the Federal share shall be 100 percent; (2) 
        $5,000,000,000, to remain available until expended for amounts 
        made available for each of fiscal years 2022 through 2026, shall 
        be to carry out a National Electric Vehicle Formula Program 
        (referred to in this paragraph in this Act as the ``Program'') 
        to provide funding to States to strategically deploy electric 
        vehicle charging infrastructure and to establish an 
        interconnected network to facilitate data collection, access, 
        and reliability: Provided, That funds made available under this 
        paragraph in this Act shall be used for: (1) the acquisition and 
        installation of electric vehicle charging infrastructure to 
        serve as a catalyst for the deployment of such infrastructure 
        and to connect it to a network to facilitate data collection, 
        access, and reliability; (2) proper operation and maintenance of 
        electric vehicle charging infrastructure; and (3) data 
        sharing[[Page 135 STAT. 1422]] about electric vehicle charging 
        infrastructure to ensure the long-term success of investments 
        made under this paragraph in this Act: Provided further, That 
        for each of fiscal years 2022 through 2026, the Secretary shall 
        distribute among the States the funds made available under this 
        paragraph in this Act so that each State receives an amount 
        equal to the proportion that the total base apportionment or 
        allocation determined for the State under subsection (c) of 
        section 104 or under section 165 of title 23, United States 
        Code, bears to the total base apportionments or allocations for 
        all States under subsection (c) of section 104 and section 165 
        of title 23, United States Code: Provided further, That the 
        Federal share payable for the cost of a project funded under 
        this paragraph in this Act shall be 80 percent: Provided 
        further, That <<NOTE: Deadline. Plan. Web posting.>> tn poor 
        condition in such State bears to the sum of the total cost to 
        replace all bridges classified in poor condition in all States; 
        and (B) 25 percent by the proportion that the total cost of 
        rehabilitating all bridges classified in fair condition in such 
        State bears to the sum of the total cost to rehabilitate all 
        bridges classified in fair condition in all States: Provided 
        further, That the amounts calculated under the preceding proviso 
        shall be adjusted such that each State receives, for each of 
        fiscal years 2022 through 2026, no less than $45,000,000 under 
        such proviso: Provided further, That <<NOTE: Determination. 
        Replacement costs.>> for purposes of the preceding 2 provisos, 
        the Secretary shall determine replacement and rehabilitation 
        costs based on the average unit costs of bridges from 2016 
        through 2020, as submitted by States to the Federal Highway 
        Administrati\DISC\OUT\PUBL058.117\DISC\GRID\G0731.CDDing with 
        regard to power levels and charging speed, and minimizing the 
        time to charge current and anticipated vehicles; and (9) any 
        other factors, as determined by the Secretary:  Provided 
        further, That <<NOTE: Deadline. Public information. Web 
        posting. Reports. Summaries. Assessment.>>  if a State 
        determines, and the Secretary certifies, that the designated 
        alternative fuel corridors in the States are fully built out, 
        then the State may use funds provided

[[Page 135 STAT. 1424]]

        under this paragraph for electric vehicle charging 
        infrastructure on any public road or in other publically 
        accessible locations, such as parking facilities at public 
        buildings, public schools, and public parks, or in publically 
        accessible parking facilities owned or managed by a private 
        entity:  Provided further, That subject to the minimum standards 
        and requirements established under the following proviso, funds 
        made available under this paragraph in this Act may be used for: 
        (1) the acquisition or installation of electric vehicle charging 
        infrastructure; (2) operating assistance for costs allocable to 
        operating and maintaining electric vehicle charging 
        infrastructure acquired or installed under this paragraph in 
        this Act, for a period not to exceed five years; (3) the 
        acquisition or installation of traffic control devices located 
        in the right-of-way to provide directional information to 
        electric vehicle charging infrastructure acquired, installed, or 
        operated under this paragraph in this Act; (4) on-premises signs 
        to provide information about electric vehicle charging 
        infrastructure acquired, installed, or operated under this 
        paragraph in this Act; (5) <<NOTE: Determination.>>  development 
        phase activities relating to the acquisition or installation of 
        electric vehicle charging infrastructure, as determined by the 
        Secretary; or (6) <<NOTE: Notification. Consultation. Time 
        period.>>  mapping and analysis activities to evaluate, in an 
        area in the United States designated by the eligible entity, the 
        locations of current and future electric vehicle owners, to 
        forecast commuting and travel patterns of electric vehicles and 
        the quantity of electricity required to serve electric vehicle 
        charging stations, to estimate the concentrations of electric 
        vehicle charging stations to meet the needs of current and 
        future electric vehicle drivers, to estimate future needs for 
        electric vehicle charging stations to support the adoption and 
        use of electric vehicles in shared mobility solutions, such as 
        micro-transit and transportation network companies, and to 
        develop an analytical model to allow a city, county, or other 
        political subdivision of a State or a local agency to compare 
        and evaluate different adoption and use scenarios for electric 
        vehicles and electric vehicle charging stations:  Provided 
        further, That not later than 180 
        days <<NOTE: Notification. Deadline. Appeal.>>  after the date 
        of enactment of this Act, the Secretary of Transportation, in 
        coordination with the Secretary of Energy and in consultation 
        with relevant stakeholders, shall, as appropriate, develop 
        minimum standards and requirements related to: (1) the 
        installation, operation, or maintenance by qualified technicians 
        of electric vehicle charging infrastructure under this paragraph 
        in this Act; (2) the interoperability of electric vehicle 
        charging infrastructure under this paragraph in this Act; (3) 
        any traffic control device or on-premises sign acquired, 
        installed, or operated under this paragraph in this Act; (4) any 
        data requested by the Secretary related to a project funded 
        under this paragraph in this Act, including the format and 
        schedule for the submission of such data; (5) network 
        connectivity of electric vehicle charging infrastructure; and 
        (6) information on publicly available electric vehicle charging 
        infrastructure locations, pricing, real-time availability, and 
        accessibility through mapping applications:  Provided further, 
        That <<NOTE: Determination.>>  not later than 1 year after the 
        date of enactment of this Act, the Secretary shall designate 
        national electric vehicle charging corridors that identify the 
        near- and long-term need for, and the location of, electric 
        vehicle charging

[[Page 135 STAT. 1425]]

        infrastructure to support freight and goods movement at 
        strategic locations along major national highways, the National 
        Highway Freight Network established under section 167 of title 
        23, United States Code, and goods movement locations including 
        ports, intermodal centers, and warehousing locations:  Provided 
        further, That the report issued under section 151(e) of title 
        23, United States Code, shall include a description of efforts 
        to achieve strategic deployment of electric vehicle charging 
        infrastructure in electric vehicle charging corridors, including 
        progress on the implementation of the Program under this 
        paragraph in this Act:  Provided further, That, for fiscal year 
        2022, before distributing funds made available under this 
        paragraph in this Act to States, the Secretary shall set aside 
        from funds made available under this paragraph in this Act to 
        carry out this paragraph in this Act not more than $300,000,000, 
        which may be transferred to the Joint Office described in the 
        twenty-fourth proviso of this paragraph in this Act, to 
        establish such Joint Office and carry out its duties under this 
        paragraph in this Act:  Provided further, That, for each of 
        fiscal years 2022 through 2026, after setting aside funds under 
        the preceding proviso, and before distributing funds made 
        available under this paragraph in this Act to States, the 
        Secretary shall set aside from funds made available under this 
        paragraph in this Act for such fiscal year to carry out this 
        paragraph in this Act 10 percent for grants to States or 
        localities that require additional assistance to strategically 
        deploy electric vehicle charging infrastructure:  Provided 
        further, That not later than 1 year <<NOTE: Contracts.>>  after 
        the date of enactment of this Act, the Secretary shall establish 
        a grant program to administer to States or localities the 
        amounts set aside under the preceding proviso:  Provided 
        further, That, except as otherwise specified under this 
        paragraph in this Act, funds made available under this paragraph 
        in this Act, other than funds transferred under the nineteenth 
        proviso of this paragraph in this Act to the Joint Office, shall 
        be administered as if apportioned under chapter 1 of title 23, 
        United States Code:  Provided further, That funds made available 
        under this paragraph in this Act shall not be transferable under 
        section 126 of title 23, United States Code:  Provided further, 
        That <<NOTE: Deadline. Coordination.>>  there is established a 
        Joint Office of Energy and Transportation (referred to in this 
        paragraph in this Act as the ``Joint Office'') in the Department 
        of Transportation and the Department of Energy to study, plan, 
        coordinate, and implement issues of joint concern between the 
        two agencies, which shall include: (1) technical assistance 
        related to the deployment, operation, and maintenance of zero 
        emission vehicle charging and refueling infrastructure, 
        renewable energy generation, vehicle-to-grid integration, 
        including microgrids, and related programs and policies; (2) 
        data sharing of installation, maintenance, and utilization in 
        order to continue to inform the network build out of zero 
        emission vehicle charging and refueling infrastructure; (3) 
        performance of a national and regionalized study of zero 
        emission vehicle charging and refueling infrastructure needs and 
        deployment factors, to support grants for community resilience 
        and electric vehicle integration; (4) development and deployment 
        of training and certification programs; (5) establishment and 
        implementation of a program to promote renewable

[[Page 135 STAT. 1426]]

        energy generation, storage, and grid integration, including 
        microgrids, in transportation rights-of-way; (6) studying, 
        planning, and funding for high-voltage distributed current 
        infrastructure in the rights-of way of the Interstate System and 
        for constructing high-voltage and or medium-voltage transmission 
        pilots in the rights-of-way of the Interstate System; (7) 
        research, strategies, and actions under the Departments' 
        statutory authorities to reduce transportation-related emissions 
        and mitigate the effects of climate change; (8) development of a 
        streamlined utility accommodations policy for high-voltage and 
        medium-voltage transmission in the transportation right-of-way; 
        and (9) any other issues that the Secretary of Transportation 
        and the Secretary of Energy identify as issues of joint 
        interest:  Provided further, That <<NOTE: Coordination.>>  the 
        Joint Office of Energy and Transportation shall establish and 
        maintain a public database, accessible on both Department of 
        Transportation and Department of Energy websites, that includes: 
        (1) information maintained on the Alternative Fuel Data Center 
        by the Office of Energy Efficiency and Renewable Energy of the 
        Department of Energy with respect to the locations of electric 
        vehicle charging stations; (2) potential locations for electric 
        vehicle charging stations identified by eligible entities 
        through the program; and (3) the ability to sort generated 
        results by various characteristics with respect to electric 
        vehicle charging stations, including location, in terms of the 
        State, city, or county; status (operational, under construction, 
        or planned); and charging type, in terms of Level 2 charging 
        equipment or Direct Current Fast Charging Equipment:  Provided 
        further, That the Secretary of Transportation and the Secretary 
        of Energy shall cooperatively administer the Joint Office 
        consistent with this paragraph in this Act:  Provided further, 
        That the Secretary of Transportation and the Secretary of Energy 
        may transfer funds between the Department of Transportation and 
        the Department of Energy from funds provided under this 
        paragraph in this Act to establish the Joint Office and to carry 
        out its duties under this paragraph in this Act and any such 
        funds or portions thereof transferred to the Joint Office may be 
        transferred back to and merged with this account:  Provided 
        further, That <<NOTE: Determination. Certification.>>  the 
        Secretary of Transportation and the Secretary of Energy shall 
        notify the House and Senate Committees on Appropriations not 
        less than 15 days prior to transferring any funds under the 
        previous proviso:  Provided further, 
        That <<NOTE: Determination.>>  for the purposes of funds made 
        available under this paragraph in this Act: (1) the term 
        ``State'' has the meaning given such term in section 101 of 
        title 23, United States Code; and (2) the term ``Federal-aid 
        highway'' means a public highway eligible for assistance under 
        chapter 1 of title 23, United States Code, other than a highway 
        functionally classified as a local road or rural minor 
        collector:  Provided further, That, of the funds made available 
        in this division or division A of this Act for the Federal lands 
        transportation program under section 203 of title 23, United 
        States Code, not less than $7,000,000 shall be made available 
        for each Federal agency otherwise eligible to compete for 
        amounts made available under that section for each of fiscal 
        years 2022 through 2026;

[[Page 135 STAT. 1427]]

            (3) $3,200,000,000 shall be to carry out the Nationally 
        Significant Freight and Highway Projects program under section 
        117 of title 23, United States Code;
            (4) $9,235,000,000 shall be to carry out the Bridge 
        Investment Program under section 124 of title 23, United States 
        Code:  Provided, That, of the funds made available under this 
        paragraph in this Act for a fiscal year, $20,000,000 shall be 
        set aside to carry out section 202(d) of title 23, United States 
        Code:  Provided further, That, of the funds made available under 
        this paragraph in this Act for a fiscal year, $20,000,000 shall 
        be set aside to provide grants for planning, feasibility 
        analysis, and revenue forecasting associated with the 
        development of a project that would subsequently be eligible to 
        apply for assistance under this paragraph:  Provided further, 
        That funds set aside under the first proviso of this paragraph 
        in this Act to carry out section 202(d) of such title shall be 
        in addition to funds otherwise made available to carry out such 
        section and shall be administered as if made available under 
        such section:  Provided further, That for funds set aside under 
        the first proviso of this paragraph in this Act to carry out 
        section 202(d) of title 23, United States Code, the Federal 
        share of the costs shall be 100 percent;
            (5) $150,000,000 shall be to carry out the Reduction of 
        Truck Emissions at Port Facilities Program under section 11402 
        of division A of this Act:  Provided, That, except as otherwise 
        provided in section 11402 of division A of this Act, the funds 
        made available under this paragraph in this Act shall be 
        administered as if apportioned under chapter 1 of title 23, 
        United States Code;
            (6) $95,000,000, to remain available until expended for 
        amounts made available for each of fiscal years 2022 through 
        2026, shall be to carry out the University Transportation 
        Centers Program under section 5505 of title 49, United States 
        Code;
            (7) $500,000,000, to remain available until expended for 
        amounts made available for each of fiscal years 2022 through 
        2026, shall be to carry out the Reconnecting Communities Pilot 
        Program (referred to under this paragraph in this Act as the 
        ``pilot program'') under section 11509 of division A of this 
        Act, of which $100,000,000 shall be for planning grants under 
        section 11509(c) of division A of this Act and of which 
        $400,000,000 shall be available for capital construction grants 
        under section 11509(d) of division A of this Act:  Provided, 
        That of the amounts made available under this paragraph in this 
        Act for section 11509(c) of division A of this Act, the 
        Secretary may use not more than $15,000,000 during the period of 
        fiscal years 2022 through 2026 to provide technical assistance 
        under section 11509(c)(3) of division A of this Act:  Provided 
        further, That, except as otherwise provided in section 11509 of 
        division A of this Act, amounts made available under this 
        paragraph in this Act shall be administered as if made available 
        under chapter 1 of title 23, United States Code;
            (8) $342,000,000, to remain available until expended for 
        amounts made available for each of fiscal years 2022 through 
        2026, shall be to carry out the Construction of Ferry Boats and 
        Ferry Terminal Facilities program under section 147 of title 23, 
        United States Code:  Provided, That amounts made

[[Page 135 STAT. 1428]]

        available under this paragraph in this Act shall be administered 
        as if made available under section 147 of title 23, United 
        States Code; and
            (9) $1,250,000,000, to remain available until expended for 
        amounts made available for each of fiscal years 2022 through 
        2026, shall be for construction of the Appalachian Development 
        Highway System as authorized under section 1069(y) of Public Law 
        102-240:  Provided, That, <<NOTE: Definition.>>  for the 
        purposes of funds made available under this paragraph in this 
        Act for construction of the Appalachian Development Highway 
        System, the term ``Appalachian State'' means a State that 
        contains 1 or more counties (including any political subdivision 
        located within the area) in the Appalachian region, as defined 
        in section 14102(a) of title 40, United States Code:  Provided 
        further, That a project carried out with funds made available 
        under this paragraph in this Act for construction of the 
        Appalachian Development Highway System shall be made available 
        for obligation in the same manner as if apportioned under 
        chapter 1 of title 23, United States Code, except that: (1) the 
        Federal share of the cost of any project carried out with those 
        amounts shall be determined in accordance with section 14501 of 
        title 40, United States Code; and (2) the amounts shall be 
        available to construct highways and access roads under section 
        14501 of title 40, United States Code:  Provided further, 
        That, <<NOTE: Consultation. Apportionment.>>  subject to the 
        following two provisos, in consultation with the Appalachian 
        Regional Commission, the funds made available under this 
        paragraph in this Act for construction of the Appalachian 
        Development Highway System shall be apportioned to Appalachian 
        States according to the percentages derived from the 2021 
        Appalachian Development Highway System Cost-to-Complete 
        Estimate, dated March 2021, and confirmed as each Appalachian 
        State's relative share of the estimated remaining need to 
        complete the Appalachian Development Highway System, adjusted to 
        exclude those corridors that such States have no current plans 
        to complete, as reported in the 2013 Appalachian Development 
        Highway System Completion Report, unless those States have 
        modified and assigned a higher priority for completion of an 
        Appalachian Development Highway System corridor, as reported in 
        the 2020 Appalachian Development Highway System Future Outlook:  
        Provided further, That <<NOTE: Apportionments.>>  the Secretary 
        shall adjust apportionments made under the third proviso in this 
        paragraph in this Act so that no Appalachian State shall be 
        apportioned an amount in excess of 30 percent of the amount made 
        available for construction of the Appalachian Development 
        Highway System under this heading:  Provided further, That the 
        Secretary shall adjust <<NOTE: Apportionments.>>  apportionments 
        made under the third proviso in this paragraph in this Act so 
        that: (1) each State shall be apportioned an amount not less 
        than $10,000,000 for each of fiscal years 2022 through 2026; and 
        (2) notwithstanding paragraph (1) of this proviso, a State shall 
        not receive an apportionment that exceeds the remaining funds 
        needed to complete the Appalachian development highway corridor 
        or corridors in the State, as identified in the latest available 
        cost to complete estimate for the system prepared by the 
        Appalachian Regional Commission:  Provided further, That the 
        Federal share of the cost of any project carried out with

[[Page 135 STAT. 1429]]

        funds made available under this paragraph in this Act shall be 
        up to 100 percent, as determined by the State:

  Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

               Federal Motor Carrier Safety Administration

               motor carrier safety operations and program

    For an additional amount for ``Motor Carrier Safety Operations and 
Program'', $50,000,000, to remain available until September 30, 2029, to 
carry out motor carrier safety operations and programs pursuant to 
section 31110 of title 49, United States Code, in addition to amounts 
otherwise provided for such purpose:  Provided, That $10,000,000, to 
remain available until September 30, 2025, shall be made available for 
fiscal year 2022, $10,000,000, to remain available until September 30, 
2026, shall be made available for fiscal year 2023, $10,000,000, to 
remain available until September 30, 2027, shall be made available for 
fiscal year 2024, $10,000,000, to remain available until September 30, 
2028, shall be made available for fiscal year 2025, and $10,000,000, to 
remain available until September 30, 2029, shall be made available for 
fiscal year 2026:  Provided further, That amounts made available under 
this heading in this Act shall be derived from the general fund of the 
Treasury, shall be in addition to any other amounts made available for 
such purpose, and shall not affect the distribution or amount of funds 
provided in any Act making annual appropriations:  Provided further, 
That obligations of funds under this heading in this Act shall not be 
subject to any limitations on obligations provided in any Act making 
annual appropriations:  Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
resolution on the budget for fiscal year 2018, and pursuant to section 
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       motor carrier safety grants

    For an additional amount for ``Motor Carrier Safety Grants'', 
$622,500,000, to remain available until September 30, 2029, to carry out 
sections 31102, 31103, 31104, and 31313 of title 49, United States Code, 
in addition to amounts otherwise provided for such purpose:  Provided, 
That $124,500,000, to remain available until September 30, 2025, shall 
be made available for fiscal year 2022, $124,500,000, to remain 
available until September 30, 2026, shall be made available for fiscal 
year 2023, $124,500,000, to remain available until September 30, 2027, 
shall be made available for fiscal year 2024, $124,500,000, to remain 
available until September 30, 2028, shall be made available for fiscal 
year 2025, and $124,500,000, to remain available until September 30, 
2029, shall be made available for fiscal year 2026:  Provided further, 
That, of the amounts provided under this heading in this Act, the 
following amounts shall be available for the following purposes in equal 
amounts for each of fiscal years 2022 through 2026--

[[Page 135 STAT. 1430]]

            (1) up to $400,000,000 shall be for the motor carrier safety 
        assistance program;
            (2) up to $80,000,000 shall be for the commercial driver's 
        license program implementation program;
            (3) up to $132,500,000 shall be for the high priority 
        activities program; and
            (4) up to $10,000,000 shall be for commercial motor vehicle 
        operators grants:

  Provided further, That amounts made available under this heading in 
this Act shall be derived from the general fund of the Treasury, shall 
be in addition to any other amounts made available for such purpose, and 
shall not affect the distribution or amount of funds provided in any Act 
making annual appropriations:  Provided further, That obligations of 
funds under this heading in this Act shall not be subject to any 
limitations on obligations provided in any Act making annual 
appropriations:  Provided further, That up to 1.5 percent of the amounts 
made available under this heading in this Act in each fiscal year shall 
be for oversight and administration:  Provided further, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and pursuant 
to section 251(b) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

             National Highway Traffic Safety Administration

                               crash data

                      (including transfer of funds)

    For an additional amount for ``Crash Data'', $750,000,000, to remain 
available until September 30, 2029, to carry out section 24108 of 
division B of this Act:  Provided, That $150,000,000, to remain 
available until September 30, 2025, shall be made available for fiscal 
year 2022, $150,000,000, to remain available until September 30, 2026, 
shall be made available for fiscal year 2023, $150,000,000, to remain 
available until September 30, 2027, shall be made available for fiscal 
year 2024, $150,000,000, to remain available until September 30, 2028, 
shall be made available for fiscal year 2025, and $150,000,000, to 
remain available until September 30, 2029, shall be made available for 
fiscal year 2026:  Provided further, That up to 3 percent of the amounts 
made available under this heading in this Act in each of fiscal years 
2022 through 2026 shall be for salaries and expenses, administration, 
and oversight, and shall be transferred and merged with the 
appropriations under the heading ``Operations and Research'':  Provided 
further, That <<NOTE: Deadline. Funding plan.>>  not later than 90 days 
after the date of enactment of this Act, the Secretary of Transportation 
shall submit to the House and Senate Committees on Appropriations a 
funding allocation plan for fiscal year 2022:  Provided further, 
That <<NOTE: Funding plan.>>  for each fiscal year through 2026, as part 
of the annual budget submission of the President under section 1105(a) 
of title 31, United States Code, the Secretary of Transportation shall 
submit a funding allocation plan for funding that will be made available 
under this heading in the upcoming fiscal year:  Provided further, That 
such amount

[[Page 135 STAT. 1431]]

is designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and pursuant 
to section 251(b) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

             vehicle safety and behavioral research programs

                      (including transfer of funds)

    For an additional amount for ``Vehicle Safety and Behavioral 
Research Programs'', $548,500,000, to remain available until September 
30, 2029, to carry out the provisions of section 403 of title 23, United 
States Code, including behavioral research on Automated Systems and 
Advanced Driver Assistance Systems and improving consumer responses to 
safety recalls, and chapter 303 of title 49, United States Code, in 
addition to amounts otherwise provided for such purpose:  Provided, That 
$109,700,000, to remain available until September 30, 2025, shall be 
made available for fiscal year 2022, $109,700,000, to remain available 
until September 30, 2026, shall be made available for fiscal year 2023, 
$109,700,000, to remain available until September 30, 2027, shall be 
made available for fiscal year 2024, $109,700,000, to remain available 
until September 30, 2028, shall be made available for fiscal year 2025, 
and $109,700,000 to remain available until September 30, 2029, shall be 
made available for fiscal year 2026:  Provided further, That amounts 
made available under this heading in this Act shall be derived from the 
general fund of the Treasury:  Provided further, That obligations of 
funds under this heading in this Act shall not be subject to any 
limitations on obligations provided in any Act making annual 
appropriations:  Provided further, That of the amounts made available 
under this heading in this Act, up to $350,000,000 may be transferred to 
``Operations and Research'' to carry out traffic and highway safety 
authorized under chapter 301 and part C of subtitle VI of title 49, 
United States Code:  Provided further, That <<NOTE: Deadline. Funding 
allocation.>>  not later than 90 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the House and 
Senate Committees on Appropriations a funding allocation for fiscal year 
2022:  Provided further, That <<NOTE: Funding allocation.>>  for each 
fiscal year through 2026, as part of the annual budget submission of the 
President under section 1105(a) of title 31, United States Code, the 
Secretary of Transportation shall submit a funding allocation for 
funding that will be made available under this heading in the upcoming 
fiscal year:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and pursuant to section 251(b) of 
the Balanced Budget and Emergency Deficit Control Act of 1985.

              supplemental highway traffic safety programs

    For an additional amount for ``Supplemental Highway Traffic Safety 
Programs'', $310,000,000, to remain available until September 30, 2029, 
to carry out sections 402 and 405 of title 23, United States Code, and 
section 24101(a)(5) of division B of this Act:  Provided, That 
$62,000,000, to remain available until September 30, 2025, shall be made 
available for fiscal year 2022,

[[Page 135 STAT. 1432]]

$62,000,000, to remain available until September 30, 2026, shall be made 
available for fiscal year 2023, $62,000,000, to remain available until 
September 30, 2027, shall be made available for fiscal year 2024, 
$62,000,000, to remain available until September 30, 2028, shall be made 
available for fiscal year 2025, and $62,000,000 to remain available 
until September 30, 2029, shall be made available for fiscal year 2026:  
Provided further, That amounts made available under this heading in this 
Act shall be derived from the general fund of the Treasury:  Provided 
further, That obligations of funds under this heading in this Act shall 
not be subject to any limitations on obligations provided in any Act 
making annual appropriations:  Provided further, That, of the amounts 
provided under this heading in this Act, the following amounts shall be 
for the following purposes in equal amounts for each of fiscal years 
2022 through 2026:
            (1) $100,000,000 shall be for highway safety programs under 
        section 402 of title 23, United States Code;
            (2) $110,000,000 shall be for national priority safety 
        programs under section 405 of title 23, United States Code; and
            (3) $100,000,000 shall be for administrative expenses under 
        section 24101(a)(5) of division B of this Act:

  Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and pursuant to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                     Federal Railroad Administration

        consolidated rail infrastructure and safety improvements

    For an additional amount for ``Consolidated Rail Infrastructure and 
Safety Improvements'', $5,000,000,000, to remain available until 
expended, for competitive grants, as authorized under section 22907 of 
title 49, United States Code:  Provided, That $1,000,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That the Secretary may withhold up to 2 percent of the amounts 
provided under this heading in this Act in each fiscal year for the 
costs of award and project management oversight of grants carried out 
under section 22907 of title 49, United States Code:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

[[Page 135 STAT. 1433]]

northeast corridor grants to the national railroad passenger corporation

                      (including transfer of funds)

    For an additional amount for ``Northeast Corridor Grants to the 
National Railroad Passenger Corporation'', $6,000,000,000, to remain 
available until expended, for activities associated with the Northeast 
Corridor, as authorized by section 22101(a) of division B of this Act:  
Provided, That $1,200,000,000, to remain available until expended, shall 
be made available for fiscal year 2022, $1,200,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$1,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $1,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$1,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That <<NOTE: Capital 
projects.>>  the amounts made available under this heading in this Act 
shall be made available for capital projects for the purpose of 
eliminating the backlog of obsolete assets and Amtrak's deferred 
maintenance backlog of rolling stock, facilities, stations, and 
infrastructure:  Provided further, That amounts made available under 
this heading in this Act shall be made available for the following 
capital projects--
            (1) acquiring new passenger rolling stock for the 
        replacement of single-level passenger cars used in Amtrak's 
        Northeast Corridor services, and associated rehabilitation, 
        upgrade, and expansion of facilities used to maintain and store 
        such equipment;
            (2) bringing Amtrak-served stations to full compliance with 
        the Americans with Disabilities Act;
            (3) eliminating the backlog of deferred capital work on 
        sole-benefit Amtrak-owned assets located on the Northeast 
        Corridor; or
            (4) carrying out Northeast Corridor capital renewal backlog 
        projects:

  Provided further, That <<NOTE: Deadline. Spend plan. List.>>  not 
later than 180 days after the date of enactment of this Act, the 
Secretary of Transportation shall submit to the House and Senate 
Committees on Appropriations a detailed spend plan, including a list of 
project locations under the preceding proviso to be funded for fiscal 
year 2022:  Provided further, That <<NOTE: Spend plan. List.>>  for each 
fiscal year through 2026, as part of the annual budget submission of the 
President under section 1105(a) of title 31, United States Code, the 
Secretary of Transportation shall submit a detailed spend plan for that 
fiscal year, including a list of project locations under the third 
proviso:  Provided further, That amounts made available under this 
heading in this Act shall be in addition to other amounts made available 
for such purposes, including to enable the Secretary of Transportation 
to make or amend existing grants to Amtrak for activities associated 
with the Northeast Corridor, as authorized by section 22101(a) of 
division B of this Act:  Provided further, That amounts made available 
under this heading in this Act may be used by Amtrak to fund, in whole 
or in part, the capital costs of Northeast Corridor capital renewal 
backlog projects, including the costs of joint public transportation and 
intercity passenger rail capital projects, notwithstanding the 
limitations in section 24319(g) and section 24905(c) of title 49,

[[Page 135 STAT. 1434]]

United States Code:  Provided further, That notwithstanding section 
24911(f) of title 49, United States Code, amounts made available under 
this heading in this Act may be used as non-Federal share for Northeast 
Corridor projects selected for award under such section after the date 
of enactment of this Act:  Provided further, That the Secretary may 
retain up to one half of 1 percent of the amounts made available under 
both this heading in this Act and the ``National Network Grants to the 
National Railroad Passenger Corporation'' heading in this Act to fund 
the costs of oversight of Amtrak, as authorized by section 22101(c) of 
division B of this Act:  Provided further, That in addition to the 
oversight funds authorized under section 22101(c) of division B of this 
Act, the Secretary may retain up to $5,000,000 of the funds made 
available under this heading in this Act for each fiscal year for the 
Northeast Corridor Commission established under section 24905 of title 
49, United States Code, to facilitate a coordinated and efficient 
delivery of projects carried out under this heading in this Act:  
Provided further, That amounts made available under this heading in this 
Act may be transferred to and merged with amounts made available under 
the heading ``National Network Grants to the National Railroad Passenger 
Corporation'' in this Act for the purposes authorized under that 
heading:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

 national network grants to the national railroad passenger corporation

                      (including transfer of funds)

    For an additional amount for ``National Network Grants to the 
National Railroad Passenger Corporation'', $16,000,000,000, to remain 
available until expended, for activities associated with the National 
Network, as authorized by section 22101(b) of division B of this Act:  
Provided, That $3,200,000,000, to remain available until expended, shall 
be made available for fiscal year 2022, $3,200,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$3,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $3,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$3,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That amounts made 
available under this heading in this Act shall be made available for 
capital projects for the purpose of eliminating Amtrak's deferred 
maintenance backlog of rolling stock, facilities, stations and 
infrastructure, including--
            (1) acquiring new passenger rolling stock to replace 
        obsolete passenger equipment used in Amtrak's long-distance and 
        state-supported services, and associated rehabilitation, 
        upgrade, or expansion of facilities used to maintain and store 
        such equipment;
            (2) bringing Amtrak-served stations to full compliance with 
        the Americans with Disabilities Act;

[[Page 135 STAT. 1435]]

            (3) eliminating the backlog of deferred capital work on 
        Amtrak-owned railroad assets not located on the Northeast 
        Corridor; and
            (4) projects to eliminate the backlog of obsolete assets 
        associated with Amtrak's national rail passenger transportation 
        system, such as systems for reservations, security, training 
        centers, and technology:

  Provided further, That <<NOTE: Deadline. Spend plan. List.>>  not 
later than 180 days after the date of enactment of this Act, the 
Secretary of Transportation shall submit to the House and Senate 
Committees on Appropriations a detailed spend plan, including a list of 
project locations under the preceding proviso to be funded for fiscal 
year 2022:  Provided further, That <<NOTE: Spend plan. List.>>  for each 
fiscal year through 2026, as part of the annual budget submission of the 
President under section 1105(a) of title 31, United States Code, the 
Secretary of Transportation shall submit a detailed spend plan for that 
fiscal year, including a list of project locations under the third 
proviso:  Provided further, That of the amounts made available under 
this heading in this Act, and in addition to amounts made available for 
similar purposes under this heading in prior Acts, Amtrak shall use such 
amounts as necessary for the replacement of single-level passenger cars 
and associated rehabilitation, upgrade, and expansion of facilities used 
to maintain and store such passenger cars, and such amounts shall be for 
its direct costs and in lieu of payments from States for such purposes, 
notwithstanding section 209 of the Passenger Rail Investment and 
Improvement Act of 2008 (Public Law 110-432), as amended:  Provided 
further, That amounts made available under this heading in this Act 
shall be in addition to other amounts made available for such purposes, 
including to enable the Secretary of Transportation to make or amend 
existing grants to Amtrak for activities associated with the National 
Network, as authorized by section 22101(b) of division B of this Act:  
Provided further, That in addition to the oversight funds authorized 
under section 22101(c) of division B of this Act, the Secretary may 
retain up to $3,000,000 of the funds made available under this heading 
in this Act for each fiscal year for the State-Supported Route Committee 
established under section 24712(a) of title 49, United States Code:  
Provided further, That of the funds made available under this heading in 
this Act, the Secretary may retain up to $3,000,000 for each fiscal year 
for interstate rail compact grants, as authorized by section 22910 of 
title 49, United States Code:  Provided further, That of the funds made 
available under this heading in this Act, not less than $50,000,000 for 
each fiscal year shall be used to make grants, as authorized under 
section 22908 of title 49 United States Code consistent with the 
requirements of that section:  Provided further, That of the amounts 
made available under this heading in this Act, such sums as are 
necessary, shall be available for purposes authorized in section 22214 
of division B of this Act:  Provided further, That amounts made 
available under this heading in this Act may be transferred to and 
merged with amounts made available under the heading ``Northeast 
Corridor Grants to the National Railroad Passenger Corporation'' in this 
Act for the purposes authorized under that heading:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year

[[Page 135 STAT. 1436]]

2018, and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  railroad crossing elimination program

    For an additional amount for ``Railroad Crossing Elimination 
Program'', $3,000,000,000, to remain available until expended, for 
competitive grants, as authorized under section 22909 of title 49, 
United States Code:  Provided, That $600,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$600,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $600,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $600,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025, and $600,000,000, to remain available until expended, shall be 
made available for fiscal year 2026:  Provided further, That the 
Secretary may withhold up to 2 percent of the amounts provided under 
this heading in this Act for the costs of award and project management 
oversight of grants carried out under section 22909 of title 49, United 
States Code:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

      federal-state partnership for intercity passenger rail grants

    For an additional amount for ``Federal-State Partnership for 
Intercity Passenger Rail Grants'', $36,000,000,000, to remain available 
until expended, for grants, as authorized section 24911 of title 49, 
United States Code:  Provided, That $7,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$7,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $7,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$7,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $7,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That, notwithstanding subsection 24911(d)(3) of title 49, 
United States Code, not more than $24,000,000,000 of the amounts made 
available under this heading in this Act for fiscal years 2022 through 
2026 shall be for projects for the Northeast Corridor:  Provided 
further, That amounts made available under the heading ``Northeast 
Corridor Grants to the National Railroad Passenger Corporation'' in this 
Act may be used as non-Federal share for Northeast Corridor projects 
selected for award under section 24911 of title 49, United States Code, 
after the date of enactment of this Act, notwithstanding subsection 
24911(f) of such title:  Provided further, That the Secretary may 
withhold up to 2 percent of the amount provided under this heading in 
this Act in each fiscal year for the costs of award and project 
management oversight of grants carried out under section 24911 of title 
49, United States Code:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018,

[[Page 135 STAT. 1437]]

and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

       administrative provisions--federal railroad administration

                      (including transfer of funds)

    Sec. 802.  Amounts made available to the Secretary of Transportation 
or to the Federal Railroad Administration in this title in this Act for 
the costs of award, administration, and project management oversight of 
financial assistance under the programs that are administered by the 
Federal Railroad Administration may be transferred to a ``Financial 
Assistance Oversight and Technical Assistance'' account, to remain 
available until expended, for the necessary expenses to support the 
award, administration, project management oversight, and technical 
assistance of programs administered by the Federal Railroad 
Administration under this Act:  Provided, That one-quarter of one 
percent of the amounts transferred pursuant to the authority in this 
section in each of fiscal years 2022 through 2026 shall be transferred 
to the Office of Inspector General of the Department of Transportation 
for oversight of funding provided to the Department of Transportation in 
this title in this Act:  Provided further, That one-quarter of one 
percent of the amounts transferred pursuant to the authority in this 
section in each of fiscal years 2022 through 2026 shall be transferred 
to the National Railroad Passenger Corporation Office of Inspector 
General for oversight of funding provided to the National Railroad 
Passenger Corporation in this title in this Act.

                     Federal Transit Administration

                      transit infrastructure grants

                      (including transfer of funds)

    For an additional amount for ``Transit Infrastructure Grants'', 
$10,250,000,000, to remain available until expended:  Provided, That 
$2,050,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $2,050,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$2,050,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $2,050,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$2,050,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That the funds made 
available under this heading in this Act shall be derived from the 
general fund of the Treasury, shall be in addition to any other amounts 
made available for such purpose, and shall not affect the distribution 
of funds provided in any Act making annual appropriations:  Provided 
further, That the funds made available under this heading in this Act 
shall not be subject to any limitation on obligations for the Federal 
Public Transportation Assistance Program set forth in any Act making 
annual appropriations:  Provided further, That, of the amount provided 
under this heading in this Act, the following amounts shall be for the 
following purposes in equal amounts for each of fiscal years 2022 
through 2026--

[[Page 135 STAT. 1438]]

            (1) $4,750,000,000 shall be to carry out the state of good 
        repair grants under section 5337(c) and (d) of title 49, United 
        States Code;
            (2) $5,250,000,000 shall be to carry out the low or no 
        emission grants under section 5339(c) of title 49, United States 
        Code; and
            (3) $250,000,000 shall be to carry out the formula grants 
        for the enhanced mobility of seniors and individuals with 
        disabilities as authorized under section 5310 of title 49, 
        United States Code:

  Provided further, That not more than two percent of the funds made 
available under this heading in this Act shall be available for 
administrative and oversight expenses as authorized under section 5334 
and section 5338(c) of title 49, United States Code, and shall be in 
addition to any other appropriations for such purpose:  Provided 
further, That one-half of one percent of the amounts in the preceding 
proviso shall be transferred to the Office of Inspector General of the 
Department of Transportation for oversight of funding provided to the 
Department of Transportation in this title in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                        capital investment grants

                      (including transfer of funds)

    For an additional amount for ``Capital Investment Grants'', 
$8,000,000,000, to remain available until expended:  Provided, That 
$1,600,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $1,600,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$1,600,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $1,600,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$1,600,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That not more than 55 
percent of the funds made available under this heading in this Act in 
each fiscal year may be available for projects authorized under section 
5309(d) of title 49, United States Code:  Provided further, That not 
more than 20 percent of the funds made available under this heading in 
this Act in each fiscal year may be available for projects authorized 
under section 5309(e) of title 49, United States Code:  Provided 
further, That not more than 15 percent of the funds made available under 
this heading in this Act in each fiscal year may be available for 
projects authorized under section 5309(h) of title 49, United States 
Code:  Provided further, That not more than 10 percent of the funds made 
available under this heading in this Act in each fiscal year may be 
available for projects authorized under section 3005(b) of the Fixing 
America's Surface Transportation Act:  Provided further, That the 
Secretary may adjust the percentage limitations in any of the preceding 
four provisos by up to 5 percent in each fiscal year for which funds are 
made available under this heading in this Act only

[[Page 135 STAT. 1439]]

when there are unobligated carry over balances from funds provided for 
section 5309(d), section 5309(e), or section 5309(h) of title 49, United 
States Code, or section 3005(b) of the Fixing America's Transportation 
Act that are equal to or greater than amounts provided under this 
heading in this Act: <<NOTE: List.>>   Provided further, That for each 
fiscal year through 2026, as part of the annual budget submission of the 
President under section 1105(a) of title 31, United States Code, the 
Secretary of Transportation shall submit a list of potential projects 
eligible for the funds made available under this heading in this Act for 
that fiscal year, including project locations and proposed funding 
amounts consistent with the projects Full Funding Grant Agreement annual 
funding profile where applicable:  Provided further, That funds 
allocated to any project during fiscal years 2015 or 2017 pursuant to 
section 5309 of title 49, United States Code, shall remain allocated to 
that project through fiscal year 2023:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                   all stations accessibility program

                      (including transfer of funds)

    For an additional amount for ``All Stations Accessibility Program'', 
$1,750,000,000, to remain available until expended, for the Secretary of 
Transportation to make competitive grants to assist eligible entities in 
financing capital projects to upgrade the accessibility of legacy rail 
fixed guideway public transportation systems for persons with 
disabilities, including those who use wheelchairs, by increasing the 
number of existing (as of the date of enactment of this Act) stations or 
facilities for passenger use that meet or exceed the new construction 
standards of title II of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12131 et seq.):  Provided, That $350,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$350,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $350,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $350,000,000, to 
remain available until expended, shall be made available for fiscal year 
2025, and $350,000,000, to remain available until expended, shall be 
made available for fiscal year 2026:  Provided further, That the funds 
made available under this heading in this Act shall be derived from the 
general fund of the Treasury:  Provided further, That eligible entities 
under this heading in this Act shall include a State or local government 
authority:  Provided further, That an eligible entity may use a grant 
awarded under this heading in this Act: (1) for a project to repair, 
improve, modify, retrofit, or relocate infrastructure of stations or 
facilities for passenger use, including load-bearing members that are an 
essential part of the structural frame; or (2) to develop or modify a 
plan for pursuing public transportation accessibility projects, 
assessments of accessibility, or assessments of planned modifications to 
stations or facilities for passenger use:  Provided further, That 
eligible entities are

[[Page 135 STAT. 1440]]

encouraged to consult with appropriate stakeholders and the surrounding 
community to ensure accessibility for individuals with disabilities, 
including accessibility for individuals with physical disabilities, 
including those who use wheelchairs, accessibility for individuals with 
sensory disabilities, and accessibility for individuals with 
intellectual or developmental disabilities:  Provided further, That all 
projects shall at least meet the new construction standards of title II 
of the Americans with Disabilities Act of 1990:  Provided further, That 
eligible costs for a project funded with a grant awarded under this 
heading in this Act shall be limited to the costs associated with 
carrying out the purpose described in the preceding proviso:  Provided 
further, That an eligible entity may not use a grant awarded under this 
heading in this Act to upgrade a station or facility for passenger use 
that is accessible to and usable by individuals with disabilities, 
including individuals who use wheelchairs, consistent with current (as 
of the date of the upgrade) new construction standards under title II of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.):  
Provided further, That a grant for a project made with amounts made 
available under this heading in this Act shall be for 80 percent of the 
net project cost:  Provided further, That the total Federal financial 
assistance available under chapter 53 of title 49, United States Code, 
for an eligible entity that receives a grant awarded under this heading 
in this Act may not exceed 80 percent:  Provided further, That the 
recipient of a grant made with amounts made available under this heading 
in this Act may provide additional local matching amounts:  Provided 
further, That not more than two percent of the funds made available 
under this heading in this Act shall be available for administrative and 
oversight expenses as authorized under section 5334 and section 5338(c) 
of title 49, United States Code, and shall be in addition to any other 
appropriations for such purpose:  Provided further, That one-half of one 
percent of the of the amounts in the preceding proviso shall be 
transferred to the Office of Inspector General of the Department of 
Transportation for oversight of funding provided to the Department of 
Transportation in this title in this Act:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 2018, 
and to section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                 electric or low-emitting ferry program

                      (including transfer of funds)

    For competitive grants for electric or low-emitting ferry pilot 
program grants as authorized under section 71102 of division G of this 
Act, $250,000,000, to remain available until expended:  Provided, That 
$50,000,000, to remain available until expended, shall be made available 
for fiscal year 2022, $50,000,000, to remain available until expended, 
shall be made available for fiscal year 2023, $50,000,000, to remain 
available until expended, shall be made available for fiscal year 2024, 
$50,000,000, to remain available until expended, shall be made available 
for fiscal year 2025, and $50,000,000, to remain available until 
expended, shall be made available for fiscal year 2026:  Provided 
further, That amounts made

[[Page 135 STAT. 1441]]

available under this heading in this Act shall be derived from the 
general fund of the Treasury:  Provided further, That the amounts made 
available under this heading in this Act shall not be subject to any 
limitation on obligations for transit programs set forth in any Act 
making annual appropriations:  Provided further, That not more than two 
percent of the funds made available under this heading in this Act shall 
be available for administrative and oversight expenses as authorized 
under section 5334 and section 5338(c) of title 49, United States Code, 
and shall be in addition to any other appropriations for such purpose:  
Provided further, That one-half of one percent of the of the amounts in 
the preceding proviso shall be transferred to the Office of Inspector 
General of the Department of Transportation for oversight of funding 
provided to the Department of Transportation in this title in this Act:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                   ferry service for rural communities

                      (including transfer of funds)

    For competitive grants to States for eligible essential ferry 
service as authorized under section 71103 of division G of this Act, 
$1,000,000,000, to remain available until expended:  Provided, That 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $200,000,000, to 
remain available until expended, shall be made available for fiscal year 
2024, $200,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $200,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That amounts made available under this heading in this Act 
shall be derived from the general fund of the Treasury:  Provided 
further, That amounts made available under this heading in this Act 
shall not be subject to any limitation on obligations for the Federal 
Public Transportation Assistance Program set forth in any Act making 
annual appropriations:  Provided further, That not more than two percent 
of the funds made available under this heading in this Act shall be 
available for administrative and oversight expenses as authorized under 
section 5334 and section 5338(c) of title 49, United States Code, and 
shall be in addition to any other appropriations for such purpose:  
Provided further, That one-half of one percent of the amounts in the 
preceding proviso shall be transferred to the Office of Inspector 
General of the Department of Transportation for oversight of funding 
provided to the Department of Transportation in this title in this Act:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

[[Page 135 STAT. 1442]]

                         Maritime Administration

                         operations and training

    For an additional amount for ``Operations and Training'', 
$25,000,000, to remain available until September 30, 2032, for the 
America's Marine Highway Program to make grants for the purposes 
authorized under sections 55601(b)(1) and (3) of title 46, United States 
Code:  Provided, That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 
71 (115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 port infrastructure development program

    For an additional amount for ``Port Infrastructure Development 
Program'', $2,250,000,000, to remain available until September 30, 2036: 
 Provided, That $450,000,000, to remain available until September 30, 
2032, shall be made available for fiscal year 2022, $450,000,000, to 
remain available until September 30, 2033, shall be made available for 
fiscal year 2023, $450,000,000, to remain available until September 30, 
2034, shall be made available for fiscal year 2024, $450,000,000, to 
remain available until September 30, 2035, shall be made available for 
fiscal year 2025, and $450,000,000, to remain available until September 
30, 2036, shall be made available for fiscal year 2026:  Provided 
further, That for the purposes of amounts made available under this 
heading in this Act and in prior Acts, and in addition to projects 
already eligible for awards under this heading, eligible projects, as 
defined under section 50302(c)(3) of title 46, United States Code, shall 
also include projects that improve the resiliency of ports to address 
sea-level rise, flooding, extreme weather events, earthquakes, and 
tsunami inundation, as well as projects that reduce or eliminate port-
related criteria pollutant or greenhouse gas emissions, including 
projects for--
            (1) Port electrification or electrification master planning;
            (2) Harbor craft or equipment replacements/retrofits;
            (3) Development of port or terminal micro-grids;
            (4) Providing idling reduction infrastructure;
            (5) Purchase of cargo handling equipment and related 
        infrastructure;
            (6) Worker training to support electrification technology;
            (7) Installation of port bunkering facilities from ocean-
        going vessels for fuels;
            (8) Electric vehicle charge or hydrogen refueling 
        infrastructure for drayage, and medium or heavy duty trucks and 
        locomotives that service the port and related grid upgrades; or
            (9) Other related to port activities including charging 
        infrastructure, electric rubber-tired gantry cranes, and anti-
        idling technologies:

  Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

[[Page 135 STAT. 1443]]

         Pipeline and Hazardous Materials Safety Administration

 natural gas distribution infrastructure safety and modernization grant 
                                 program

                      (including transfer of funds)

    For an additional amount for ``Natural Gas Distribution 
Infrastructure Safety and Modernization Grant Program'', $1,000,000,000, 
to remain available until expended for the Secretary of Transportation 
to make competitive grants for the modernization of natural gas 
distribution pipelines:  Provided, That $200,000,000, to remain 
available until September 30, 2032, shall be made available for fiscal 
year 2022, $200,000,000, to remain available until September 30, 2033, 
shall be made available for fiscal year 2023, $200,000,000, to remain 
available until September 30, 2034, shall be made available for fiscal 
year 2024, $200,000,000, to remain available until September 30, 2035, 
shall be made available for fiscal year 2025, and $200,000,000, to 
remain available until September 30, 2036, shall be made available for 
fiscal year 2026:  Provided further, That grants from funds made 
available under this heading in this Act shall be available to a 
municipality or community owned utility (not including for-profit 
entities) to repair, rehabilitate, or replace its natural gas 
distribution pipeline system or portions thereof or to acquire equipment 
to (1) reduce incidents and fatalities and (2) avoid economic 
losses: <<NOTE: Procedures.>>   Provided further, That in making grants 
from funds made available under this heading in this Act, the Secretary 
shall establish procedures for awarding grants that take into 
consideration the following: (1) the risk profile of the existing 
pipeline system operated by the applicant, including the presence of 
pipe prone to leakage; (2) the potential of the project for creating 
jobs; (3) the potential for benefiting disadvantaged rural and urban 
communities; and (4) economic impact or growth:  Provided further, That 
the Secretary shall not award more than 12.5 percent of the funds 
available under this heading to a single municipality or community-owned 
utility:  Provided further, That the 
Secretary <<NOTE: Notice. Deadline.>>  shall issue a notice of funding 
opportunity not later than 180 days after each date upon which funds are 
made available under the first proviso: <<NOTE: Awards. Deadline.>>   
Provided further, That the Secretary shall make awards not later than 
270 days after issuing the notices of funding opportunity required under 
the preceding proviso:  Provided further, That not more than 2 percent 
of the amounts made available in each fiscal year shall be available to 
pay the administrative costs of carrying out the grant program under 
this heading in this Act:  Provided further, That one-half of one 
percent of the amounts transferred pursuant to the authority in this 
section in each of fiscal years 2022 through 2026 shall be transferred 
to the Office of Inspector General of the Department of Transportation 
for oversight of funding provided to the Department of Transportation in 
this Act:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 135 STAT. 1444]]

             General Provision--Department of Transportation

    Sec. 803.  Any funds transferred to the Office of Inspector General 
of the Department of Transportation from amounts made available in this 
division in this Act shall remain available until expended.

               TITLE IX--GENERAL PROVISIONS--THIS DIVISION

    Sec. 901.  Each amount appropriated or made available by this 
division is in addition to amounts otherwise appropriated for the fiscal 
year involved.
    Sec. 902.  No part of any appropriation contained in this division 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 903.  Unless otherwise provided for by this division, the 
additional amounts appropriated by this division to appropriations 
accounts for a fiscal year shall be available under the authorities and 
conditions applicable to such appropriations accounts for that fiscal 
year.
    Sec. 904.  Any amount appropriated by this division, designated by 
the Congress as an emergency requirement pursuant to section 4112(a) of 
H. Con. Res. 71 (115th Congress), the concurrent resolution on the 
budget for fiscal year 2018, and to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, and transferred 
pursuant to transfer authorities provided by this division shall retain 
such designation.

                            budgetary effects

    Sec. 905. (a) Statutory PAYGO Scorecards.--The budgetary effects of 
this division and amounts rescinded in section 90007 of division I that 
were previously designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 shall not be entered on either PAYGO 
scorecard maintained pursuant to section 4(d) of the Statutory Pay As-
You-Go Act of 2010.
    (b) Senate Paygo Scorecards.--The budgetary effects of this division 
and amounts rescinded in section 90007 of division I that were 
previously designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 shall not be entered on any PAYGO scorecard 
maintained for purposes of section 4106 of H. Con. Res. 71 (115th 
Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, the budgetary effects of this 
division and amounts rescinded in section 90007 of division I that were 
previously designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 shall be estimated for purposes of section 
251 of such Act and as appropriations for discretionary accounts for 
purposes of the allocation to the Committee on Appropriations pursuant 
to section 302(a) of the Congressional Budget Act of 1974

[[Page 135 STAT. 1445]]

and section 4112 of H. Con. Res. 71 (115th Congress), the concurrent 
resolution on the budget for fiscal year 2018.
     This division may be cited as the ``Infrastructure Investments and 
Jobs Appropriations Act''.

   DIVISION <<NOTE: Minority Business Development Act of 2021.>>  K--
MINORITY BUSINESS DEVELOPMENT
SEC. 100001. <<NOTE: 15 USC 8501 note.>>  SHORT TITLE.

    This division may be cited as the ``Minority Business Development 
Act of 2021''.
SEC. 100002. <<NOTE: 15 USC 9501.>>  DEFINITIONS.

    In this division:
            (1) Agency.--The term ``Agency'' means the Minority Business 
        Development Agency of the Department of Commerce.
            (2) Community-based organization.--The term ``community-
        based organization'' has the meaning given the term in section 
        8101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (3) Eligible entity.--Except as otherwise expressly 
        provided, the term ``eligible entity''--
                    (A) means--
                          (i) a private sector entity;
                          (ii) a public sector entity; or
                          (iii) a Native entity; and
                    (B) includes an institution of higher education.
            (4) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (5) Federally recognized area of economic distress.--The 
        term ``federally recognized area of economic distress'' means--
                    (A) a HUBZone, as that term is defined in section 
                31(b) of the Small Business Act (15 U.S.C. 657a(b));
                    (B) an area that--
                          (i) has been designated as--
                                    (I) an empowerment zone under 
                                section 1391 of the Internal Revenue 
                                Code of 1986; or
                                    (II) a Promise Zone by the Secretary 
                                of Housing and Urban Development; or
                          (ii) is a low or moderate income area, as 
                      determined by the Department of Housing and Urban 
                      Development;
                    (C) a qualified opportunity zone, as that term is 
                defined in section 1400Z-1 of the Internal Revenue Code 
                of 1986; or
                    (D) any other political subdivision or 
                unincorporated area of a State determined by the Under 
                Secretary to be an area of economic distress.
            (6) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given the term in section 
        101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
            (7) MBDA business center.--The term ``MBDA Business Center'' 
        means a business center that--

[[Page 135 STAT. 1446]]

                    (A) is established by the Agency; and
                    (B) provides technical business assistance to 
                minority business enterprises consistent with the 
                requirements of this division.
            (8) MBDA business center agreement.--The term ``MBDA 
        Business Center agreement'' means a legal instrument--
                    (A) reflecting a relationship between the Agency and 
                the recipient of a Federal assistance award that is the 
                subject of the instrument; and
                    (B) that establishes the terms by which the 
                recipient described in subparagraph (A) shall operate an 
                MBDA Business Center.
            (9) Minority business enterprise.--
                    (A) In general.--The term ``minority business 
                enterprise'' means a business enterprise--
                          (i) that is not less than 51 percent-owned by 
                      1 or more socially or economically disadvantaged 
                      individuals; and
                          (ii) the management and daily business 
                      operations of which are controlled by 1 or more 
                      socially or economically disadvantaged 
                      individuals.
                    (B) Rule of construction.--Nothing in subparagraph 
                (A) may be construed to exclude a business enterprise 
                from qualifying as a ``minority business enterprise'' 
                under that subparagraph because of--
                          (i) the status of the business enterprise as a 
                      for-profit or not-for-profit enterprise; or
                          (ii) the annual revenue of the business 
                      enterprise.
            (10) Native entity.--The term ``Native entity'' means--
                    (A) a Tribal Government;
                    (B) an Alaska Native village or Regional or Village 
                Corporation, as defined in or established pursuant to 
                the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
                et seq.);
                    (C) a Native Hawaiian organization, as that term is 
                defined in section 6207 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7517);
                    (D) the Department of Hawaiian Home Lands; and
                    (E) the Office of Hawaiian Affairs.
            (11) Private sector entity.--The term ``private sector 
        entity''--
                    (A) means an entity that is not a public sector 
                entity; and
                    (B) does not include--
                          (i) the Federal Government;
                          (ii) any Federal agency; or
                          (iii) any instrumentality of the Federal 
                      Government.
            (12) Public sector entity.--The term ``public sector 
        entity'' means--
                    (A) a State;
                    (B) an agency of a State;
                    (C) a political subdivision of a State;
                    (D) an agency of a political subdivision of a State; 
                or
                    (E) a Native entity.

[[Page 135 STAT. 1447]]

            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (14) Socially or economically disadvantaged business 
        concern.--The term ``socially or economically disadvantaged 
        business concern'' means a for-profit business enterprise--
                    (A)(i) that is not less than 51 percent owned by 1 
                or more socially or economically disadvantaged 
                individuals; or
                    (ii) that is socially or economically disadvantaged; 
                or
                    (B) the management and daily business operations of 
                which are controlled by 1 or more socially or 
                economically disadvantaged individuals.
            (15) Socially or economically disadvantaged individual.--
                    (A) In general.--The term ``socially or economically 
                disadvantaged individual'' means an individual who has 
                been subjected to racial or ethnic prejudice or cultural 
                bias (or the ability of whom to compete in the free 
                enterprise system has been impaired due to diminished 
                capital and credit opportunities, as compared to others 
                in the same line of business and competitive market 
                area) because of the identity of the individual as a 
                member of a group, without regard to any individual 
                quality of the individual that is unrelated to that 
                identity.
                    (B) Presumption.--In carrying out this division, the 
                Under Secretary shall presume that the term ``socially 
                or economically disadvantaged individual'' includes any 
                individual who is--
                          (i) Black or African American;
                          (ii) Hispanic or Latino;
                          (iii) American Indian or Alaska Native;
                          (iv) Asian;
                          (v) Native Hawaiian or other Pacific Islander; 
                      or
                          (vi) a member of a group that the Agency 
                      determines under part 1400 of title 15, Code of 
                      Federal Regulations, as in effect on November 23, 
                      1984, is a socially disadvantaged group eligible 
                      to receive assistance.
            (16) Specialty center.--The term ``specialty center'' means 
        an MBDA Business Center that provides specialty services 
        focusing on specific business needs, including assistance 
        relating to--
                    (A) capital access;
                    (B) Federal procurement;
                    (C) entrepreneurship;
                    (D) technology transfer; or
                    (E) any other area determined necessary or 
                appropriate based on the priorities of the Agency.
            (17) State.--The term ``State'' means--
                    (A) each of the States of the United States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) the United States Virgin Islands;
                    (E) Guam;
                    (F) American Samoa;
                    (G) the Commonwealth of the Northern Mariana 
                Islands; and

[[Page 135 STAT. 1448]]

                    (H) each Tribal Government.
            (18) Tribal government.--The term ``Tribal Government'' 
        means the recognized governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, community, 
        component band, or component reservation, individually 
        identified (including parenthetically) in the list published 
        most recently as of the date of enactment of this division 
        pursuant to section 104 of the Federally Recognized Indian Tribe 
        List Act of 1994 (25 U.S.C. 5131).
            (19) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Minority Business 
        Development, who is appointed as described in section ___3(b) to 
        administer this division.
SEC. 100003. MINORITY BUSINESS DEVELOPMENT AGENCY.

    (a) In General.--There is within the Department of Commerce the 
Minority Business Development Agency.
    (b) Under Secretary.--
            (1) Appointment and duties.--The Agency shall be headed by 
        the Under Secretary of Commerce for Minority Business 
        Development, who shall--
                    (A) <<NOTE: President.>>  be appointed by the 
                President, by and with the advice and consent of the 
                Senate;
                    (B) except as otherwise expressly provided, be 
                responsible for the administration of this division; and
                    (C) report directly to the Secretary.
            (2) Compensation.--
                    (A) In general.--The Under Secretary shall be 
                compensated at an annual rate of basic pay prescribed 
                for level III of the Executive Schedule under section 
                5314 of title 5, United States Code.
                    (B) Technical and conforming amendment.--Section 
                5314 of title 5, United States Code, is amended by 
                striking ``and Under Secretary of Commerce for Travel 
                and Tourism'' and inserting ``Under Secretary of 
                Commerce for Travel and Tourism, and Under Secretary of 
                Commerce for Minority Business Development''.
            (3) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        Director of the Agency shall be deemed to be a reference to the 
        Under Secretary.

    (c) Report to Congress.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
that describes--
            (1) the organizational structure of the Agency;
            (2) the organizational position of the Agency within the 
        Department of Commerce; and
            (3) a description of how the Agency shall function in 
        relation to the operations carried out by each other component 
        of the Department of Commerce.

    (d) Office of Business Centers.--
            (1) Establishment.--There is established within the Agency 
        the Office of Business Centers.
            (2) <<NOTE: Appointment.>>  Director.--The Office of 
        Business Centers shall be administered by a Director, who shall 
        be appointed by the Under Secretary.

    (e) Offices of the Agency.--

[[Page 135 STAT. 1449]]

            (1) In general.--In addition to the regional offices that 
        the Under Secretary is required to establish under paragraph 
        (2), the Under Secretary shall establish such other offices 
        within the Agency as are necessary to carry out this division.
            (2) Regional offices.--
                    (A) <<NOTE: Determination.>>  In general.--In order 
                to carry out this division, the Under Secretary shall 
                establish a regional office of the Agency for each of 
                the regions of the United States, as determined by the 
                Under Secretary.
                    (B) Duties.--Each regional office established under 
                subparagraph (A) shall expand the reach of the Agency 
                and enable the Federal Government to better serve the 
                needs of minority business enterprises in the region 
                served by the office, including by--
                          (i) understanding and participating in the 
                      business environment of that region;
                          (ii) working with--
                                    (I) MBDA Business Centers that are 
                                located in that region;
                                    (II) resource and lending partners 
                                of other appropriate Federal agencies 
                                that are located in that region; and
                                    (III) Federal, State, and local 
                                procurement offices that are located in 
                                that region;
                          (iii) being aware of business retention or 
                      expansion programs that are specific to that 
                      region;
                          (iv) seeking out opportunities to collaborate 
                      with regional public and private programs that 
                      focus on minority business enterprises; and
                          (v) promoting business continuity and 
                      preparedness.

                      TITLE I--EXISTING INITIATIVES

        Subtitle A--Market Development, Research, and Information

SEC. 100101. <<NOTE: 15 USC 9511.>>  PRIVATE SECTOR DEVELOPMENT.

    The Under Secretary shall, whenever the Under Secretary determines 
such action is necessary or appropriate--
            (1) provide Federal assistance to minority business 
        enterprises operating in domestic and foreign markets by making 
        available to those business enterprises, either directly or in 
        cooperation with private sector entities, including community-
        based organizations and national nonprofit organizations--
                    (A) resources relating to management;
                    (B) technological and technical assistance;
                    (C) financial, legal, and marketing services; and
                    (D) services relating to workforce development;
            (2) encourage minority business enterprises to establish 
        joint ventures and projects--
                    (A) with other minority business enterprises; or
                    (B) in cooperation with public sector entities or 
                private sector entities, including community-based 
                organizations and national nonprofit organizations, to 
                increase the share

[[Page 135 STAT. 1450]]

                of any market activity being performed by minority 
                business enterprises; and
            (3) facilitate the efforts of private sector entities and 
        Federal agencies to advance the growth of minority business 
        enterprises.
SEC. 100102. <<NOTE: 15 USC 9512.>>  PUBLIC SECTOR DEVELOPMENT.

    The Under Secretary shall, whenever the Under Secretary determines 
such action is necessary or appropriate--
            (1) <<NOTE: Consultation.>>  consult and cooperate with 
        public sector entities for the purpose of leveraging resources 
        available in the jurisdictions of those public sector entities 
        to promote the position of minority business enterprises in the 
        local economies of those public sector entities, including by 
        assisting public sector entities to establish or enhance--
                    (A) programs to procure goods and services through 
                minority business enterprises and goals for that 
                procurement;
                    (B) programs offering assistance relating to--
                          (i) management;
                          (ii) technology;
                          (iii) law;
                          (iv) financing, including accounting;
                          (v) marketing; and
                          (vi) workforce development; and
                    (C) informational programs designed to inform 
                minority business enterprises located in the 
                jurisdictions of those public sector entities about the 
                availability of programs described in this section;
            (2) meet with leaders and officials of public sector 
        entities for the purpose of recommending and promoting local 
        administrative and legislative initiatives needed to advance the 
        position of minority business enterprises in the local economies 
        of those public sector entities; and
            (3) facilitate the efforts of public sector entities and 
        Federal agencies to advance the growth of minority business 
        enterprises.
SEC. 100103. <<NOTE: 15 USC 9513.>>  RESEARCH AND INFORMATION.

    (a) In General.--In order to achieve the purposes of this division, 
the Under Secretary--
            (1) shall--
                    (A) <<NOTE: Analysis.>>  collect and analyze data, 
                including data relating to the causes of the success or 
                failure of minority business enterprises;
                    (B) <<NOTE: Studies. Surveys.>>  conduct research, 
                studies, and surveys of--
                          (i) economic conditions generally in the 
                      United States; and
                          (ii) how the conditions described in clause 
                      (i) particularly affect the development of 
                      minority business enterprises; and
                    (C) provide outreach, educational services, and 
                technical assistance in, at a minimum, the 5 most 
                commonly spoken languages in the United States to ensure 
                that limited English proficient individuals receive 
                culturally and linguistically appropriate access to the 
                services and information provided by the Agency; and

[[Page 135 STAT. 1451]]

            (2) may perform an evaluation of programs carried out by the 
        Under Secretary that are designed to assist the development of 
        minority business enterprises.

    (b) Information Clearinghouse.--The Under Secretary shall--
            (1) establish and maintain an information clearinghouse for 
        the collection and dissemination to relevant parties (including 
        business owners and researchers) of demographic, economic, 
        financial, managerial, and technical data relating to minority 
        business enterprises; and
            (2) take such steps as the Under Secretary may determine to 
        be necessary and desirable to--
                    (A) search for, collect, classify, coordinate, 
                integrate, record, and catalog the data described in 
                paragraph (1); and
                    (B) in a manner that is consistent with section 552a 
                of title 5, United States Code, protect the privacy of 
                the minority business enterprises to which the data 
                described in paragraph (1) relates.

Subtitle B--Minority Business Development Agency Business Center Program

SEC. 100111. <<NOTE: 15 USC 9521.>>  DEFINITION.

    In this subtitle, the term ``MBDA Business Center Program'' means 
the program established under section ___113.
SEC. 100112. <<NOTE: 15 USC 9522.>>  PURPOSE.

    The purpose of the MBDA Business Center Program shall be to create a 
national network of public-private partnerships that--
            (1) assist minority business enterprises in--
                    (A) accessing capital, contracts, and grants; and
                    (B) creating and maintaining jobs;
            (2) provide counseling and mentoring to minority business 
        enterprises; and
            (3) facilitate the growth of minority business enterprises 
        by promoting trade.
SEC. 100113. <<NOTE: 15 USC 9523.>>  ESTABLISHMENT.

    (a) In General.--There is established in the Agency a program--
            (1) that shall be known as the MBDA Business Center Program;
            (2) that shall be separate and distinct from the efforts of 
        the Under Secretary under section ___101; and
            (3) under which the Under Secretary shall make Federal 
        assistance awards to eligible entities to operate MBDA Business 
        Centers, which shall, in accordance with section ___114, provide 
        technical assistance and business development services, or 
        specialty services, to minority business enterprises.

    (b) Coverage.--The Under Secretary shall take all necessary actions 
to ensure that the MBDA Business Center Program, in accordance with 
section ___114, offers the services described in subsection (a)(3) in 
all regions of the United States.

[[Page 135 STAT. 1452]]

SEC. 100114. <<NOTE: Contracts. 15 USC 9524.>>  GRANTS AND 
                              COOPERATIVE AGREEMENTS.

    (a) Requirements.--An MBDA Business Center (referred to in this 
subtitle as a ``Center''), with respect to the Federal financial 
assistance award made to operate the Center under the MBDA Business 
Center Program--
            (1) shall--
                    (A) provide to minority business enterprises 
                programs and services determined to be appropriate by 
                the Under Secretary, which may include--
                          (i) referral services to meet the needs of 
                      minority business enterprises; and
                          (ii) programs and services to accomplish the 
                      goals described in section ___101(1);
                    (B) develop, cultivate, and maintain a network of 
                strategic partnerships with organizations that foster 
                access by minority business enterprises to economic 
                markets, capital, or contracts;
                    (C) continue to upgrade and modify the services 
                provided by the Center, as necessary, in order to meet 
                the changing and evolving needs of the business 
                community;
                    (D) establish or continue a referral relationship 
                with not less than 1 community-based organization; and
                    (E) collaborate with other Centers; and
            (2) in providing programs and services under the applicable 
        MBDA Business Center agreement, may--
                    (A) operate on a fee-for-service basis; or
                    (B) generate income through the collection of--
                          (i) client fees;
                          (ii) membership fees; and
                          (iii) any other appropriate fees proposed by 
                      the Center in the application submitted by the 
                      Center under subsection (e).

    (b) Term.--Subject to subsection (g)(3), the term of an MBDA 
Business Center agreement shall be not less than 3 years.
    (c) Financial Assistance.--
            (1) In general.--The amount of financial assistance provided 
        by the Under Secretary under an MBDA Business Center agreement 
        shall be not less than $250,000 for the term of the agreement.
            (2) Matching requirement.--
                    (A) <<NOTE: Determination.>>  In general.--A Center 
                shall match not less than \1/3\ of the amount of the 
                financial assistance awarded to the Center under the 
                terms of the applicable MBDA Business Center agreement, 
                unless the Under Secretary determines that a waiver of 
                that requirement is necessary after a demonstration by 
                the Center of a substantial need for that waiver.
                    (B) Form of funds.--A Center may meet the matching 
                requirement under subparagraph (A) by using--
                          (i) cash or in-kind contributions, without 
                      regard to whether the contribution is made by a 
                      third party; or
                          (ii) Federal funds received from other Federal 
                      programs.
            (3) Use of financial assistance and program income.--A 
        Center shall use--

[[Page 135 STAT. 1453]]

                    (A) all financial assistance awarded to the Center 
                under the applicable MBDA Business Center agreement to 
                carry out subsection (a); and
                    (B) all income that the Center generates in carrying 
                out subsection (a)--
                          (i) to meet the matching requirement under 
                      paragraph (2) of this subsection; and
                          (ii) if the Center meets the matching 
                      requirement under paragraph (2) of this 
                      subsection, to carry out subsection (a).

    (d) Criteria for Selection.--The Under Secretary shall--
            (1) establish criteria that--
                    (A) <<NOTE: Determination.>>  the Under Secretary 
                shall use in determining whether to enter into an MBDA 
                Business Center agreement with an eligible entity; and
                    (B) may include criteria relating to whether an 
                eligible entity is located in--
                          (i) an area, the population of which is 
                      composed of not less than 51 percent socially or 
                      economically disadvantaged individuals, as 
                      determined in accordance with data collected by 
                      the Bureau of the Census;
                          (ii) a federally recognized area of economic 
                      distress; or
                          (iii) a State that is underserved with respect 
                      to the MBDA Business Center Program, as defined by 
                      the Under Secretary; and
            (2) <<NOTE: Public information.>>  make the criteria and 
        standards established under paragraph (1) publicly available, 
        including--
                    (A) <<NOTE: Web posting.>>  on the website of the 
                Agency; and
                    (B) in each Notice of Funding Opportunity soliciting 
                MBDA Business Center agreements.

    (e) Applications.--An eligible entity desiring to enter into an MBDA 
Business Center agreement shall submit to the Under Secretary an 
application that includes--
            (1) a statement of--
                    (A) how the eligible entity will carry out 
                subsection (a); and
                    (B) any experience or plans of the eligible entity 
                with respect to--
                          (i) assisting minority business enterprises 
                      to--
                                    (I) obtain--
                                            (aa) large-scale contracts, 
                                        grants, or procurements;
                                            (bb) financing; or
                                            (cc) legal assistance;
                                    (II) access established supply 
                                chains; and
                                    (III) engage in--
                                            (aa) joint ventures, teaming 
                                        arrangements, and mergers and 
                                        acquisitions; or
                                            (bb) large-scale 
                                        transactions in global markets;
                          (ii) supporting minority business enterprises 
                      in increasing the size of the workforces of those 
                      enterprises, including, with respect to a minority 
                      business enterprise that does not have employees, 
                      aiding the minority business enterprise in 
                      becoming an enterprise that has employees; and

[[Page 135 STAT. 1454]]

                          (iii) advocating for minority business 
                      enterprises; and
            (2) the budget and corresponding budget narrative that the 
        eligible entity will use in carrying out subsection (a) during 
        the term of the applicable MBDA Business Center agreement.

    (f) <<NOTE: Deadline.>>  Notification.--If the Under Secretary 
grants an application of an eligible entity submitted under subsection 
(e), the Under Secretary shall notify the eligible entity that the 
application has been granted not later than 150 days after the last day 
on which an application may be submitted under that subsection.

    (g) Program Examination; Accreditation; Extensions.--
            (1) <<NOTE: Deadline. Time period.>>  Examination.--Not 
        later than 180 days after the date of enactment of this Act, and 
        biennially thereafter, the Under Secretary shall conduct a 
        programmatic financial examination of each Center.
            (2) Accreditation.--The Under Secretary may provide 
        financial support, by contract or otherwise, to an association, 
        not less than 51 percent of the members of which are Centers, 
        to--
                    (A) pursue matters of common concern with respect to 
                Centers; and
                    (B) develop an accreditation program with respect to 
                Centers.
            (3) Extensions.--
                    (A) In general.--The Under Secretary may extend the 
                term under subsection (b) of an MBDA Business Center 
                agreement to which a Center is a party, if the Center 
                consents to the extension.
                    (B) Financial assistance.--If the Under Secretary 
                extends the term of an MBDA Business Center agreement 
                under paragraph (1), the Under Secretary shall, in the 
                same manner and amount in which financial assistance was 
                provided during the initial term of the agreement, 
                provide financial assistance under the agreement during 
                the extended term of the agreement.

    (h) MBDA Involvement.--The Under Secretary may take actions to 
ensure that the Agency is substantially involved in the activities of 
Centers in carrying out subsection (a), including by--
            (1) providing to each Center training relating to the MBDA 
        Business Center Program;
            (2) requiring that the operator and staff of each Center--
                    (A) attend--
                          (i) a conference with the Agency to establish 
                      the services and programs that the Center will 
                      provide in carrying out the requirements before 
                      the date on which the Center begins providing 
                      those services and programs; and
                          (ii) training provided under paragraph (1);
                    (B) receive necessary guidance relating to carrying 
                out the requirements under subsection (a); and
                    (C) <<NOTE: Coordination.>>  work in coordination 
                and collaboration with the Under Secretary to carry out 
                the MBDA Business Center Program and other programs of 
                the Agency;
            (3) facilitating connections between Centers and--
                    (A) Federal agencies other than the Agency, as 
                appropriate; and

[[Page 135 STAT. 1455]]

                    (B) other institutions or entities that use Federal 
                resources, such as--
                          (i) small business development centers, as 
                      that term is defined in section 3(t) of the Small 
                      Business Act (15 U.S.C. 632(t));
                          (ii) women's business centers described in 
                      section 29 of the Small Business Act (15 U.S.C. 
                      656);
                          (iii) eligible entities, as that term is 
                      defined in section 2411 of title 10, United States 
                      Code, that provide services under the program 
                      carried out under chapter 142 of that title; and
                          (iv) entities participating in the Hollings 
                      Manufacturing Extension Partnership Program 
                      established under section 25 of the National 
                      Institute of Standards and Technology Act (15 
                      U.S.C. 278k);
            (4) monitoring projects carried out by each Center; and
            (5) establishing and enforcing administrative and reporting 
        requirements for each Center to carry out subsection (a).

    (i) <<NOTE: Publication.>>  Regulations.--The Under Secretary shall 
issue and publish regulations that establish minimum standards regarding 
verification of minority business enterprise status for clients of 
entities operating under the MBDA Business Center Program.
SEC. 100115. <<NOTE: 15 USC 9525.>>  MINIMIZING DISRUPTIONS TO 
                              EXISTING MBDA BUSINESS CENTER 
                              PROGRAM.

    The Under Secretary shall ensure that each Federal assistance award 
made under the Business Centers program of the Agency, as is in effect 
on the day before the date of enactment of this Act, is carried out in a 
manner that, to the greatest extent practicable, prevents disruption of 
any activity carried out under that award.
SEC. 100116. PUBLICITY.

    In carrying out the MBDA Business Center Program, the Under 
Secretary shall widely publicize the MBDA Business Center Program, 
including--
            (1) <<NOTE: Web posting.>>  on the website of the Agency;
            (2) <<NOTE: Social media.>>  via social media outlets; and
            (3) by sharing information relating to the MBDA Business 
        Center Program with community-based organizations, including 
        interpretation groups where necessary, to communicate in the 
        most common languages spoken by the groups served by those 
        organizations.

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

SEC. 100201. <<NOTE: 15 USC 9541.>>  ANNUAL DIVERSE BUSINESS FORUM 
                              ON CAPITAL FORMATION.

    (a) <<NOTE: Deadline. Review.>>  Responsibility of Agency.--Not 
later than 18 months after the date of enactment of this Act, and 
annually thereafter, the Under Secretary shall conduct a Government-
business forum to review the current status of problems and programs 
relating to capital formation by minority business enterprises.

[[Page 135 STAT. 1456]]

    (b) Participation in Forum Planning.--The Under Secretary shall 
invite the heads of other Federal agencies, such as the Chairman of the 
Securities and Exchange Commission, the Secretary of the Treasury, and 
the Chairman of the Board of Governors of the Federal Reserve System, 
organizations representing State securities commissioners, 
representatives of leading minority chambers of commerce, not less than 
1 certified owner of a minority business enterprise, business 
organizations, and professional organizations concerned with capital 
formation to participate in the planning of each forum conducted under 
subsection (a).
    (c) Preparation of Statements and Reports.--
            (1) Requests.--The Under Secretary may request that any head 
        of a Federal agency, department, or organization, including 
        those described in subsection (b), or any other group or 
        individual, prepare a statement or report to be delivered at any 
        forum conducted under subsection (a).
            (2) Cooperation.--Any head of a Federal agency, department, 
        or organization who receives a request under paragraph (1) 
        shall, to the greatest extent practicable, cooperate with the 
        Under Secretary to fulfill that request.

    (d) Transmittal of Proceedings and Findings.--The Under Secretary 
shall--
            (1) <<NOTE: Summary. Recommenda- tions.>>  prepare a summary 
        of the proceedings of each forum conducted under subsection (a), 
        which shall include the findings and recommendations of the 
        forum; and
            (2) transmit the summary described in paragraph (1) with 
        respect to each forum conducted under subsection (a) to--
                    (A) the participants in the forum;
                    (B) Congress; and
                    (C) <<NOTE: Public information. Web posting.>>  the 
                public, through a publicly available website.

    (e) Review of Findings and Recommendations; Public Statements.--
            (1) In general.--A Federal agency to which a finding or 
        recommendation described in subsection (d)(1) relates shall--
                    (A) review that finding or recommendation; and
                    (B) promptly after the finding or recommendation is 
                transmitted under subsection (d)(2)(C), issue a public 
                statement--
                          (i) <<NOTE: Assessment.>>  assessing the 
                      finding or recommendation; and
                          (ii) <<NOTE: Disclosure.>>  disclosing the 
                      action, if any, the Federal agency intends to take 
                      with respect to the finding or recommendation.
            (2) Joint statement permitted.--If a finding or 
        recommendation described in subsection (d)(1) relates to more 
        than 1 Federal agency, the applicable Federal agencies may, for 
        the purposes of the public statement required under paragraph 
        (1)(B), issue a joint statement.
SEC. 100202. <<NOTE: 15 USC 9542.>>  AGENCY STUDY ON ALTERNATIVE 
                              FINANCING SOLUTIONS.

    (a) Purpose.--The purpose of this section is to provide information 
relating to alternative financing solutions to minority business 
enterprises, as those business enterprises are more likely to struggle 
in accessing, particularly at affordable rates, traditional sources of 
capital.
    (b) Study and Report.--Not later than 1 year after the date of 
enactment of this Act, the Under Secretary shall--

[[Page 135 STAT. 1457]]

            (1) conduct a study on opportunities for providing 
        alternative financing solutions to minority business 
        enterprises; and
            (2) <<NOTE: Web posting.>>  submit to Congress, and publish 
        on the website of the Agency, a report describing the findings 
        of the study carried out under paragraph (1).
SEC. 100203. <<NOTE: 15 USC 9543.>>  EDUCATIONAL DEVELOPMENT 
                              RELATING TO MANAGEMENT AND 
                              ENTREPRENEURSHIP.

    (a) Duties.--The Under Secretary shall, whenever the Under Secretary 
determines such action is necessary or appropriate--
            (1) promote the education and training of socially or 
        economically disadvantaged individuals in subjects directly 
        relating to business administration and management;
            (2) encourage institutions of higher education, leaders in 
        business and industry, and other public sector entities and 
        private sector entities, particularly minority business 
        enterprises, to--
                    (A) develop programs to offer scholarships and 
                fellowships, apprenticeships, and internships relating 
                to business to socially or economically disadvantaged 
                individuals; and
                    (B) sponsor seminars, conferences, and similar 
                activities relating to business for the benefit of 
                socially or economically disadvantaged individuals;
            (3) stimulate and accelerate curriculum design and 
        improvement in support of development of minority business 
        enterprises; and
            (4) encourage and assist private institutions and 
        organizations and public sector entities to undertake activities 
        similar to the activities described in paragraphs (1), (2), and 
        (3).

    (b) Parren J. Mitchell Entrepreneurship Education Grants.--
            (1) Definition.--In this subsection, the term ``eligible 
        institution'' means an institution of higher education described 
        in any of paragraphs (1) through (7) of section 371(a) of the 
        Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
            (2) Grants.--The Under Secretary shall award grants to 
        eligible institutions to develop and implement entrepreneurship 
        curricula.
            (3) Requirements.--An eligible institution to which a grant 
        is awarded under this subsection shall use the grant funds to--
                    (A) develop a curriculum that includes training in 
                various skill sets needed by contemporary successful 
                entrepreneurs, including--
                          (i) business management and marketing;
                          (ii) financial management and accounting;
                          (iii) market analysis;
                          (iv) competitive analysis;
                          (v) innovation;
                          (vi) strategic and succession planning;
                          (vii) marketing;
                          (viii) general management;
                          (ix) technology and technology adoption;
                          (x) leadership; and
                          (xi) human resources; and
                    (B) implement the curriculum developed under 
                subparagraph (A) at the eligible institution.

[[Page 135 STAT. 1458]]

            (4) <<NOTE: Publication.>>  Implementation timeline.--The 
        Under Secretary shall establish and publish a timeline under 
        which an eligible institution to which a grant is awarded under 
        this section shall carry out the requirements under paragraph 
        (3).
            (5) <<NOTE: Evaluation.>>  Reports.--Each year, the Under 
        Secretary shall submit to all applicable committees of Congress, 
        and as part of the annual budget submission of the President 
        under section 1105(a) of title 31, United States Code, a report 
        evaluating the awarding and use of grants under this subsection 
        during the fiscal year immediately preceding the fiscal year in 
        which the report is submitted, which shall include, with respect 
        to the fiscal year covered by the report--
                    (A) a description of each curriculum developed and 
                implemented under each grant awarded under this section;
                    (B) the date on which each grant awarded under this 
                section was awarded; and
                    (C) the number of eligible entities that were 
                recipients of grants awarded under this section.

            TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

SEC. 100301. <<NOTE: 15 USC 9551.>>  DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Financial Services of the House 
                of Representatives.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a minority-serving institution; or
                    (B) a consortium of institutions of higher education 
                that is led by a minority-serving institution.
            (3) MBDA rural business center.--The term ``MBDA Rural 
        Business Center'' means an MBDA Business Center that provides 
        technical business assistance to minority business enterprises 
        located in rural areas.
            (4) MBDA rural business center agreement.--The term ``MBDA 
        Rural Business Center agreement'' means an MBDA Business Center 
        agreement that establishes the terms by which the recipient of 
        the Federal assistance award that is the subject of the 
        agreement shall operate an MBDA Rural Business Center.
            (5) Minority-serving institution.--The term ``minority-
        serving institution'' means an institution described in any of 
        paragraphs (1) through (7) of section 371(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(a)).
            (6) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 343(a) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 1991(a)).
            (7) Rural minority business enterprise.--The term ``rural 
        minority business enterprise'' means a minority business 
        enterprise located in a rural area.

[[Page 135 STAT. 1459]]

SEC. 100302. <<NOTE: 15 USC 9552.>>  BUSINESS CENTERS.

    (a) In General.--The Under Secretary may establish MBDA Rural 
Business Centers.
    (b) Partnership.--
            (1) In general.--With respect to an MBDA Rural Business 
        Center established by the Under Secretary, the Under Secretary 
        shall establish the MBDA Rural Business Center in partnership 
        with an eligible entity in accordance with paragraph (2).
            (2) <<NOTE: Contracts.>>  MBDA agreement.--
                    (A) In general.--With respect to each MBDA Rural 
                Business Center established by the Under Secretary, the 
                Under Secretary shall enter into a cooperative agreement 
                with an eligible entity that provides that--
                          (i) the eligible entity shall provide space, 
                      facilities, and staffing for the MBDA Rural 
                      Business Center;
                          (ii) the Under Secretary shall provide funding 
                      for, and oversight with respect to, the MBDA Rural 
                      Business Center; and
                          (iii) subject to subparagraph (B), the 
                      eligible entity shall match 20 percent of the 
                      amount of the funding provided by the Under 
                      Secretary under clause (ii), which may be 
                      calculated to include the costs of providing the 
                      space, facilities, and staffing under clause (i).
                    (B) Lower match requirement.--Based on the available 
                resources of an eligible entity, the Under Secretary may 
                enter into a cooperative agreement with the eligible 
                entity that provides that--
                          (i) the eligible entity shall match less than 
                      20 percent of the amount of the funding provided 
                      by the Under Secretary under subparagraph (A)(ii); 
                      or
                          (ii) <<NOTE: Determination.>>  if the Under 
                      Secretary makes a determination, upon a 
                      demonstration by the eligible entity of 
                      substantial need, the eligible entity shall not be 
                      required to provide any match with respect to the 
                      funding provided by the Under Secretary under 
                      subparagraph (A)(ii).
                    (C) Eligible funds.--An eligible entity may provide 
                matching funds required under an MBDA Rural Business 
                Center agreement with Federal funds received from other 
                Federal programs.
            (3) Term.--The initial term of an MBDA Rural Business Center 
        agreement shall be not less than 3 years.
            (4) Extension.--The Under Secretary and an eligible entity 
        may agree to extend the term of an MBDA Rural Business Center 
        agreement with respect to an MBDA Rural Business Center.

    (c) Functions.--An MBDA Rural Business Center shall--
            (1) primarily serve clients that are--
                    (A) rural minority business enterprises; or
                    (B) minority business enterprises that are located 
                more than 50 miles from an MBDA Business Center (other 
                than that MBDA Rural Business Center);
            (2) focus on--
                    (A) issues relating to--
                          (i) the adoption of broadband internet access 
                      service (as defined in section 8.1(b) of title 47, 
                      Code of Federal Regulations, or any successor 
                      regulation),

[[Page 135 STAT. 1460]]

                      digital literacy skills, and e-commerce by rural 
                      minority business enterprises;
                          (ii) advanced manufacturing;
                          (iii) the promotion of manufacturing in the 
                      United States;
                          (iv) ways in which rural minority business 
                      enterprises can meet gaps in the supply chain of 
                      critical supplies and essential goods and services 
                      for the United States;
                          (v) improving the connectivity of rural 
                      minority business enterprises through 
                      transportation and logistics;
                          (vi) promoting trade and export opportunities 
                      by rural minority business enterprises;
                          (vii) securing financial capital;
                          (viii) facilitating entrepreneurship in rural 
                      areas; and
                          (ix) creating jobs in rural areas; and
                    (B) any other issue relating to the unique 
                challenges faced by rural minority business enterprises; 
                and
            (3) provide education, training, and legal, financial, and 
        technical assistance to minority business enterprises.

    (d) Applications.--
            (1) <<NOTE: Deadline. Notice.>>  In general.--Not later than 
        90 days after the date of enactment of this Act, the Under 
        Secretary shall issue a Notice of Funding Opportunity requesting 
        applications from eligible entities that desire to enter into 
        MBDA Rural Business Center agreements.
            (2) Criteria and priority.--In selecting an eligible entity 
        with which to enter into an MBDA Rural Business Center 
        agreement, the Under Secretary shall--
                    (A) select an eligible entity that demonstrates--
                          (i) the ability to collaborate with 
                      governmental and private sector entities to 
                      leverage capabilities of minority business 
                      enterprises through public-private partnerships;
                          (ii) the research and extension capacity to 
                      support minority business enterprises;
                          (iii) knowledge of the community that the 
                      eligible entity serves and the ability to conduct 
                      effective outreach to that community to advance 
                      the goals of an MBDA Rural Business Center;
                          (iv) the ability to provide innovative 
                      business solutions, including access to 
                      contracting opportunities, markets, and capital;
                          (v) the ability to provide services that 
                      advance the development of science, technology, 
                      engineering, and math jobs within minority 
                      business enterprises;
                          (vi) the ability to leverage resources from 
                      within the eligible entity to advance an MBDA 
                      Rural Business Center;
                          (vii) that the mission of the eligible entity 
                      aligns with the mission of the Agency;
                          (viii) the ability to leverage relationships 
                      with rural minority business enterprises; and
                          (ix) a referral relationship with not less 
                      than 1 community-based organization; and

[[Page 135 STAT. 1461]]

                    (B) give priority to an eligible entity that--
                          (i) is located in a State or region that has a 
                      significant population of socially or economically 
                      disadvantaged individuals;
                          (ii) has a history of serving socially or 
                      economically disadvantaged individuals; or
                          (iii) in the determination of the Under 
                      Secretary, has not received an equitable 
                      allocation of land and financial resources under--
                                    (I) the Act of July 2, 1862 
                                (commonly known as the ``First Morrill 
                                Act'') (12 Stat. 503, chapter 130; 7 
                                U.S.C. 301 et seq.); or
                                    (II) the Act of August 30, 1890 
                                (commonly known as the ``Second Morrill 
                                Act'') (26 Stat. 417, chapter 841; 7 
                                U.S.C. 321 et seq.).
            (3) Considerations.--In determining whether to enter into an 
        MBDA Rural Business Center agreement with an eligible entity 
        under this section, the Under Secretary shall consider the needs 
        of the eligible entity.
SEC. 100303. <<NOTE: 15 USC 9553.>>  REPORT TO CONGRESS.

    Not later than 1 year after the date of enactment of this Act, the 
Under Secretary shall submit to the appropriate congressional committees 
a report that includes--
            (1) <<NOTE: Summary.>>  a summary of the efforts of the 
        Under Secretary to provide services to minority business 
        enterprises located in States that lack an MBDA Business Center, 
        as of the date of enactment of this Act, and especially in those 
        States that have significant minority populations; and
            (2) <<NOTE: Recommenda- tions.>>  recommendations for 
        extending the outreach of the Agency to underserved areas.
SEC. 100304. <<NOTE: Recommenda- tions. 15 USC 
                              9554. Coordination.>>  STUDY AND 
                              REPORT.

    (a) In General.--The Under Secretary, in coordination with relevant 
leadership of the Agency and relevant individuals outside of the 
Department of Commerce, shall conduct a study that addresses the ways in 
which minority business enterprises can meet gaps in the supply chain of 
the United States, with a particular focus on the supply chain of 
advanced manufacturing and essential goods and services.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Under Secretary shall submit to the appropriate 
congressional committees a report that includes the results of the study 
conducted under subsection (a), which shall include recommendations 
regarding the ways in which minority business enterprises can meet gaps 
in the supply chain of the United States.

             TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

SEC. 100401. <<NOTE: 15 USC 9561.>>  GRANTS TO NONPROFIT 
                              ORGANIZATIONS THAT SUPPORT MINORITY 
                              BUSINESS ENTERPRISES.

    (a) Definition.--In this section, the term ``covered entity'' means 
a private nonprofit organization that--

[[Page 135 STAT. 1462]]

            (1) is described in paragraph (3), (4), (5), or (6) of 
        section 501(c) of the Internal Revenue Code of 1986 and exempt 
        from tax under section 501(a) of such Code; and
            (2) can demonstrate that a primary activity of the 
        organization is to provide services to minority business 
        enterprises, whether through education, making grants or loans, 
        or other similar activities.

    (b) Purpose.--The purpose of this section is to make grants to 
covered entities to help those covered entities continue the necessary 
work of supporting minority business enterprises.
    (c) Designation of Office.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Under 
        Secretary shall designate an office to make and administer 
        grants under this section.
            (2) Considerations.--In designating an office under 
        paragraph (1), the Under Secretary shall ensure that the office 
        designated has adequate staffing to carry out the 
        responsibilities of the office under this section.

    (d) Application.--A covered entity desiring a grant under this 
section shall submit to the Under Secretary an application at such time, 
in such manner, and containing such information as the Under Secretary 
may require.
    (e) Priority.--The Under Secretary shall, in carrying out this 
section, prioritize granting an application submitted by a covered 
entity that is located in a federally recognized area of economic 
distress.
    (f) Use of Funds.--A covered entity to which a grant is made under 
this section may use the grant funds to support the development, growth, 
or retention of minority business enterprises.
    (g) Procedures.--The Under Secretary shall establish procedures to--
            (1) discourage and prevent waste, fraud, and abuse by 
        applicants for, and recipients of, grants made under this 
        section; and
            (2) ensure that grants are made under this section to a 
        diverse array of covered entities, which may include--
                    (A) covered entities with a national presence;
                    (B) community-based covered entities;
                    (C) covered entities with annual budgets below 
                $1,000,000; or
                    (D) covered entities that principally serve low-
                income and rural communities.

    (h) <<NOTE: Deadline.>>  Inspector General Audit.--Not later than 
180 days after the date on which the Under Secretary begins making 
grants under this section, the Inspector General of the Department of 
Commerce shall--
            (1) conduct an audit of grants made under this section, 
        which shall seek to identify any discrepancies or irregularities 
        with respect to those grants; and
            (2) <<NOTE: Reports.>>  submit to Congress a report 
        regarding the audit conducted under paragraph (1).

    (i) <<NOTE: Reports.>>  Updates to Congress.--Not later than 90 days 
after the date on which the Under Secretary makes the designation 
required under subsection (c), and once every 30 days thereafter, the 
Under Secretary shall submit to Congress a report that contains--
            (1) the number of grants made under this section during the 
        period covered by the report; and

[[Page 135 STAT. 1463]]

            (2) with respect to the grants described in paragraph (1)--
                    (A) the geographic distribution of those grants by 
                State and county;
                    (B) if applicable, demographic information with 
                respect to the minority business enterprises served by 
                the covered entities to which the grants were made; and
                    (C) information regarding the industries of the 
                minority business enterprises served by the covered 
                entities to which the grants were made.

         TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

SEC. 100501. <<NOTE: 15 USC 9571.>>  PURPOSE.

    The Under Secretary shall establish the Minority Business 
Enterprises Advisory Council (referred to in this title as the 
``Council'') to advise and assist the Agency.
SEC. 100502. <<NOTE: 15 USC 9572.>>  COMPOSITION AND TERM.

    (a) Composition.--The Council shall be composed of 9 members of the 
private sector and 1 representative from each of not fewer than 10 
Federal agencies that support or otherwise have duties that relate to 
business formation, including duties relating to labor development, 
monetary policy, national security, energy, agriculture, transportation, 
and housing.
    (b) Chair.--The Under Secretary shall designate 1 of the private 
sector members of the Council as the Chair of the Council for a 1-year 
term.
    (c) Term.--The Council shall meet at the request of the Under 
Secretary and members shall serve for a term of 2 years. Members of the 
Council may be reappointed.
SEC. 100503. <<NOTE: 15 USC 9573.>>  DUTIES.

    (a) In General.--The Council shall provide advice to the Under 
Secretary by--
            (1) serving as a source of knowledge and information on 
        developments in areas of the economic and social life of the 
        United States that affect socially or economically disadvantaged 
        business concerns;
            (2) providing the Under Secretary with information regarding 
        plans, programs, and activities in the public and private 
        sectors that relate to socially or economically disadvantaged 
        business concerns; and
            (3) advising the Under Secretary regarding--
                    (A) any measures to better achieve the objectives of 
                this division; and
                    (B) problems and matters the Under Secretary refers 
                to the Council.

    (b) Capacity.--Members of the Council shall not be compensated for 
service on the Council but may be allowed travel expenses, including per 
diem in lieu of subsistence, in accordance with subchapter I of chapter 
57 of title 5, United States Code.
    (c) Termination.--Notwithstanding section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.), the Council shall terminate on the date 
that is 5 years after the date of enactment of this Act.

[[Page 135 STAT. 1464]]

      TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

SEC. 100601. <<NOTE: 15 USC 9581.>>  GENERAL DUTIES.

    The Under Secretary may coordinate, as consistent with law, the 
plans, programs, and operations of the Federal Government that affect, 
or may contribute to, the establishment, preservation, and strengthening 
of socially or economically disadvantaged business concerns.
SEC. 100602. <<NOTE: Coordination. 15 USC 9582.>>  PARTICIPATION 
                              OF FEDERAL DEPARTMENTS AND AGENCIES.

    The Under Secretary shall--
            (1) <<NOTE: Consultation.>>  consult with other Federal 
        agencies and departments as appropriate to--
                    (A) develop policies, comprehensive plans, and 
                specific program goals for the programs carried out 
                under subtitle B of title I and title III;
                    (B) establish regular performance monitoring and 
                reporting systems to ensure that goals established by 
                the Under Secretary with respect to the implementation 
                of this division are being achieved; and
                    (C) <<NOTE: Evaluation.>>  evaluate the impact of 
                Federal support of socially or economically 
                disadvantaged business concerns in achieving the 
                objectives of this division;
            (2) <<NOTE: Review.>>  conduct a coordinated review of all 
        proposed Federal training and technical assistance activities in 
        direct support of the programs carried out under subtitle B of 
        title I and title III to ensure consistency with program goals 
        and to avoid duplication; and
            (3) convene, for purposes of coordination, meetings of the 
        heads of such Federal agencies and departments, or their 
        designees, the programs and activities of which may affect or 
        contribute to the carrying out of this division.

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

SEC. 100701. <<NOTE: 15 USC 9591.>>  ADMINISTRATIVE POWERS.

    (a) In General.--In carrying out this division, the Under Secretary 
may--
            (1) adopt and use a seal for the Agency, which shall be 
        judicially noticed;
            (2) hold hearings, sit and act, and take testimony as the 
        Under Secretary may determine to be necessary or appropriate to 
        carry out this division;
            (3) acquire, in any lawful manner, any property that the 
        Under Secretary determines to be necessary or appropriate to 
        carry out this division;
            (4) <<NOTE: Contracts.>>  with the consent of another 
        Federal agency, enter into an agreement with that Federal agency 
        to utilize, with or without reimbursement, any service, 
        equipment, personnel, or facility of that Federal agency;

[[Page 135 STAT. 1465]]

            (5) <<NOTE: Coordination.>>  coordinate with the heads of 
        the Offices of Small and Disadvantaged Business Utilization of 
        Federal agencies;
            (6) <<NOTE: Procedures.>>  develop procedures under which 
        the Under Secretary may evaluate the compliance of a recipient 
        of assistance under this Act with the requirements of this Act;
            (7) deobligate assistance provided under this Act to a 
        recipient that has demonstrated an insufficient level of 
        performance with respect to the assistance, or has engaged in 
        wasteful or fraudulent spending; and
            (8) <<NOTE: Determination. Effective date.>>  provide that a 
        recipient of assistance under this Act that has demonstrated an 
        insufficient level of performance with respect to the 
        assistance, or has engaged in wasteful or fraudulent spending, 
        shall be ineligible to receive assistance under this Act for a 
        period determined by the Under Secretary, consistent with the 
        considerations under section 180.865 of title 2, Code of Federal 
        Regulations (or any successor regulation), beginning on the date 
        on which the Under Secretary makes the applicable finding.

    (b) Use of Property.--
            (1) In general.--Subject to paragraph (2), in carrying out 
        this division, the Under Secretary may, without cost (except for 
        costs of care and handling), allow any public sector entity, or 
        any recipient nonprofit organization, for the purpose of the 
        development of minority business enterprises, to use any real or 
        tangible personal property acquired by the Agency in carrying 
        out this division.
            (2) Terms, conditions, reservations, and restrictions.--The 
        Under Secretary may impose reasonable terms, conditions, 
        reservations, and restrictions upon the use of any property 
        under paragraph (1).
SEC. 100702. <<NOTE: 15 USC 9592.>>  FEDERAL ASSISTANCE.

    (a) In General.--
            (1) Provision of federal assistance.--To carry out sections 
        ___101, ___102, and ___103(a), the Under Secretary may provide 
        Federal assistance to public sector entities and private sector 
        entities in the form of grants or cooperative agreements.
            (2) <<NOTE: Deadline. Publication.>>  Notice.--Not later 
        than 120 days after the date on which amounts are appropriated 
        to carry out this section, the Under Secretary shall, in 
        accordance with subsection (b), broadly publish a statement 
        regarding Federal assistance that will, or may, be provided 
        under paragraph (1) during the fiscal year for which those 
        amounts are appropriated, including--
                    (A) the actual, or anticipated, amount of Federal 
                assistance that will, or may, be made available;
                    (B) the types of Federal assistance that will, or 
                may, be made available;
                    (C) the manner in which Federal assistance will be 
                allocated among public sector entities and private 
                sector entities, as applicable; and
                    (D) the methodology used by the Under Secretary to 
                make allocations under subparagraph (C).
            (3) Consultation.--The Under Secretary shall consult with 
        public sector entities and private sector entities, as 
        applicable, in deciding the amounts and types of Federal 
        assistance to make available under paragraph (1).

[[Page 135 STAT. 1466]]

    (b) Publicity.--In carrying out this section, the Under Secretary 
shall broadly publicize all opportunities for Federal assistance 
available under this section, including through the means required under 
section ___116.
SEC. 100703. <<NOTE: 15 USC 9593.>>  RECORDKEEPING.

    (a) <<NOTE: Disclosure.>>  In General.--Each recipient of assistance 
under this division shall keep such records as the Under Secretary shall 
prescribe, including records that fully disclose, with respect to the 
assistance received by the recipient under this division--
            (1) the amount and nature of that assistance;
            (2) the disposition by the recipient of the proceeds of that 
        assistance;
            (3) the total cost of the undertaking for which the 
        assistance is given or used;
            (4) the amount and nature of the portion of the cost of the 
        undertaking described in paragraph (3) that is supplied by a 
        source other than the Agency;
            (5) the return on investment, as defined by the Under 
        Secretary; and
            (6) any other record that will facilitate an effective audit 
        with respect to the assistance.

    (b) Access by Government Officials.--The Under Secretary, the 
Inspector General of the Department of Commerce, and the Comptroller 
General of the United States, or any duly authorized representative of 
any such individual, shall have access, for the purpose of audit, 
investigation, and examination, to any book, document, paper, record, or 
other material of the Agency or an MBDA Business Center.
SEC. 100704. <<NOTE: 15 USC 9594.>>  REVIEW AND REPORT BY 
                              COMPTROLLER GENERAL.

    Not later than 4 years after the date of enactment of this Act, the 
Comptroller General of the United States shall--
            (1) conduct a thorough review of the programs carried out 
        under this division; and
            (2) submit to Congress a detailed report of the findings of 
        the Comptroller General of the United States under the review 
        carried out under paragraph (1), which shall include--
                    (A) <<NOTE: Evaluation.>>  an evaluation of the 
                effectiveness of the programs in achieving the purposes 
                of this division;
                    (B) a description of any failure by any recipient of 
                assistance under this division to comply with the 
                requirements under this division; and
                    (C) <<NOTE: Recommenda- tions.>>  recommendations 
                for any legislative or administrative action that should 
                be taken to improve the achievement of the purposes of 
                this division.
SEC. 100705. <<NOTE: 15 USC 9595.>>  BIANNUAL REPORTS; 
                              RECOMMENDATIONS.

    (a) <<NOTE: Web posting.>>  Biannual Report.--Not later than 1 year 
after the date of enactment of this Act, and 90 days after the last day 
of each odd-numbered year thereafter, the Under Secretary shall submit 
to Congress, and publish on the website of the Agency, a report of each 
activity of the Agency carried out under this division during the period 
covered by the report.

    (b) Recommendations.--The Under Secretary shall periodically submit 
to Congress and the President recommendations for legislation or other 
actions that the Under Secretary determines to be necessary or 
appropriate to promote the purposes of this division.

[[Page 135 STAT. 1467]]

SEC. 100706. <<NOTE: 15 USC 9596.>>  SEPARABILITY.

    If a provision of this division, or the application of a provision 
of this division to any person or circumstance, is held by a court of 
competent jurisdiction to be invalid, that judgment--
            (1) shall not affect, impair, or invalidate--
                    (A) any other provision of this division; or
                    (B) the application of this division to any other 
                person or circumstance; and
            (2) shall be confined in its operation to--
                    (A) the provision of this division with respect to 
                which the judgment is rendered; or
                    (B) the application of the provision of this 
                division to each person or circumstance directly 
                involved in the controversy in which the judgment is 
                rendered.
SEC. 100707. <<NOTE: 15 USC 9597.>>  EXECUTIVE ORDER 11625.

    The powers <<NOTE: Determination.>>  and duties of the Agency shall 
be determined--
            (1) in accordance with this division and the requirements of 
        this division; and
            (2) without regard to Executive Order 11625 (36 Fed. Reg. 
        19967; relating to prescribing additional arrangements for 
        developing and coordinating a national program for minority 
        business enterprise).
SEC. 100708. <<NOTE: 15 USC 9598.>>  AUTHORIZATION OF 
                              APPROPRIATIONS.

    There are authorized to be appropriated to the Under Secretary 
$110,000,000 for each of fiscal years 2021 through 2025 to carry out 
this division, of which--
            (1) a majority shall be used in each such fiscal year to 
        carry out the MBDA Business Center Program under subtitle B of 
        title I, including the component of that program relating to 
        specialty centers; and
            (2) $20,000,000 shall be used in each such fiscal year to 
        carry out title III.

    Approved November 15, 2021.

LEGISLATIVE HISTORY--H.R. 3684:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-70 and Pt. 2 (both from Comm. on Transportation 
and Infrastructure).
CONGRESSIONAL RECORD, Vol. 167 (2021):
            June 30, July 1, considered and passed House.
            July 30, Aug. 1-5, 7-10, considered and passed Senate, 
                amended.
            Sept. 27, 28, Oct. 1, Nov. 5, House considered and concurred 
                in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
            Nov. 15, Presidential remarks.

                                  <all>
Infrastructure Investment and Jobs Act
To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.
INVEST in America Act
Investing in a New Vision for the Environment and Surface Transportation in America Act
INVEST in America Act
Investing in a New Vision for the Environment and Surface Transportation in America Act
Assistance, Quality, and Affordability Act of 2021
Improving Hazardous Materials Safety Act of 2021
Motorcyclist Advisory Council Reauthorization Act
Promoting Women in Trucking Workforce Act
Sport Fish Restoration, Recreational Boating Safety, and Wildlife Restoration Act of 2021
TRAIN Act
Transforming Rail by Accelerating Investment Nationwide Act
Water Quality Protection and Job Creation Act of 2021
Wildlife Corridors Conservation Act of 2021
Assistance, Quality, and Affordability Act of 2021
Improving Hazardous Materials Safety Act of 2021
Motorcyclist Advisory Council Reauthorization Act
Promoting Women in Trucking Workforce Act
Sport Fish Restoration, Recreational Boating Safety, and Wildlife Restoration Act of 2021
TRAIN Act
Transforming Rail by Accelerating Investment Nationwide Act
Water Quality Protection and Job Creation Act of 2021
INVEST in America Act
Investing in a New Vision for the Environment and Surface Transportation in America Act
Improving Hazardous Materials Safety Act of 2021
Motorcyclist Advisory Council Reauthorization Act
Promoting Women in Trucking Workforce Act
TRAIN Act
Transforming Rail by Accelerating Investment Nationwide Act
INVEST in America Act
Investing in a New Vision for the Environment and Surface Transportation in America Act
Improving Hazardous Materials Safety Act of 2021
Motorcyclist Advisory Council Reauthorization Act
Promoting Women in Trucking Workforce Act
TRAIN Act
Transforming Rail by Accelerating Investment Nationwide Act
Rep. DeFazio, Peter A.