`[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3684 Enrolled Bill (ENR)]

        H.R.3684

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

           Begun and held at the City of Washington on Sunday,
          the third day of January, two thousand and twenty-one


                                 An Act


 
 To authorize funds for Federal-aid highways, highway safety programs, 
              and transit programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Infrastructure 
Investment and Jobs Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.

                   DIVISION A--SURFACE TRANSPORTATION

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

                      TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorizations and Programs

Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects 
          program.
Sec. 11128. Tribal high priority projects program.
Sec. 11129. Standards.
Sec. 11130. Public transportation.
Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.

             Subtitle B--Planning and Performance Management

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

          Subtitle C--Project Delivery and Process Improvement

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

                       Subtitle D--Climate Change

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

                        Subtitle E--Miscellaneous

Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through 
          public-private partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and 
          infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.
Sec. 11524. Bridge terminology.
Sec. 11525. Technical corrections.
Sec. 11526. Working group on covered resources.
Sec. 11527. Blood transport vehicles.
Sec. 11528. Pollinator-friendly practices on roadsides and highway 
          rights-of-way.
Sec. 11529. Active transportation infrastructure investment program.
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.
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.
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.
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.
Sec. 40103. Electric grid reliability and resilience research, 
          development, and demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing 
          authority.
Sec. 40111. Study of codes and standards for use of energy storage 
          systems across sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life 
          applications for grid services.
Sec. 40113. Columbia Basin power management.

                        Subtitle B--Cybersecurity

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

          TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES

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

       TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS

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

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

              Subtitle B--Hydrogen Research and Development

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

                Subtitle C--Nuclear Energy Infrastructure

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

                         Subtitle D--Hydropower

Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
Sec. 40334. Pumped storage hydropower wind and solar integration and 
          system reliability initiative.
Sec. 40335. Authority for pumped storage hydropower development using 
          multiple Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power 
          privilege.

                        Subtitle E--Miscellaneous

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

 TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION

              Subtitle A--Department of Energy Loan Program

Sec. 40401. Department of Energy loan programs.

              Subtitle B--Energy Information Administration

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

                        Subtitle C--Miscellaneous

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

         TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE

        Subtitle A--Residential and Commercial Energy Efficiency

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

                          Subtitle B--Buildings

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

                Subtitle C--Industrial Energy Efficiency

                            PART I--Industry

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

                      PART II--Smart Manufacturing

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

                   Subtitle D--Schools and Nonprofits

Sec. 40541. Grants for energy efficiency improvements and renewable 
          energy improvements at public school facilities.
Sec. 40542. Energy efficiency materials pilot program.

                        Subtitle E--Miscellaneous

Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
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.
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.
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.
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.
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.
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. REFERENCES.
    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

                   DIVISION A--SURFACE TRANSPORTATION

SEC. 10001. SHORT TITLE.
    This division may be cited as the ``Surface Transportation 
Reauthorization Act of 2021''.
SEC. 10002. DEFINITIONS.
    In this division:
        (1) Department.--The term ``Department'' means the Department 
    of Transportation.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Transportation.
SEC. 10003. EFFECTIVE DATE.
    Except as otherwise provided, this division and the amendments made 
by this division take effect on October 1, 2021.

                     TITLE I--FEDERAL-AID HIGHWAYS
                Subtitle A--Authorizations and Programs

SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
        (1) Federal-aid highway program.--For the national highway 
    performance program under section 119 of title 23, United States 
    Code, the surface transportation block grant program under section 
    133 of that title, the highway safety improvement program under 
    section 148 of that title, the congestion mitigation and air 
    quality improvement program under section 149 of that title, the 
    national highway freight program under section 167 of that title, 
    the carbon reduction program under section 175 of that title, to 
    carry out subsection (c) of the PROTECT program under section 176 
    of that title, and to carry out section 134 of that title--
            (A) $52,488,065,375 for fiscal year 2022;
            (B) $53,537,826,683 for fiscal year 2023;
            (C) $54,608,583,217 for fiscal year 2024;
            (D) $55,700,754,881 for fiscal year 2025; and
            (E) $56,814,769,844 for fiscal year 2026.
        (2) Transportation infrastructure finance and innovation 
    program.--For credit assistance under the transportation 
    infrastructure finance and innovation program under chapter 6 of 
    title 23, United States Code, $250,000,000 for each of fiscal years 
    2022 through 2026.
        (3) Federal lands and tribal transportation programs.--
            (A) Tribal transportation program.--For the tribal 
        transportation program under section 202 of title 23, United 
        States Code--
                (i) $578,460,000 for fiscal year 2022;
                (ii) $589,960,000 for fiscal year 2023;
                (iii) $602,460,000 for fiscal year 2024;
                (iv) $612,960,000 for fiscal year 2025; and
                (v) $627,960,000 for fiscal year 2026.
            (B) Federal lands transportation program.--
                (i) In general.--For the Federal lands transportation 
            program under section 203 of title 23, United States Code--

                    (I) $421,965,000 for fiscal year 2022;
                    (II) $429,965,000 for fiscal year 2023;
                    (III) $438,965,000 for fiscal year 2024;
                    (IV) $447,965,000 for fiscal year 2025; and
                    (V) $455,965,000 for fiscal year 2026.

                (ii) Allocation.--Of the amount made available for a 
            fiscal year under clause (i)--

                    (I) the amount for the National Park Service is--

                        (aa) $332,427,450 for fiscal year 2022;
                        (bb) $338,867,450 for fiscal year 2023;
                        (cc) $346,237,450 for fiscal year 2024;
                        (dd) $353,607,450 for fiscal year 2025; and
                        (ee) $360,047,450 for fiscal year 2026;

                    (II) the amount for the United States Fish and 
                Wildlife Service is $36,000,000 for each of fiscal 
                years 2022 through 2026; and
                    (III) the amount for the Forest Service is--

                        (aa) $24,000,000 for fiscal year 2022;
                        (bb) $25,000,000 for fiscal year 2023;
                        (cc) $26,000,000 for fiscal year 2024;
                        (dd) $27,000,000 for fiscal year 2025; and
                        (ee) $28,000,000 for fiscal year 2026.
            (C) Federal lands access program.--For the Federal lands 
        access program under section 204 of title 23, United States 
        Code--
                (i) $285,975,000 for fiscal year 2022;
                (ii) $291,975,000 for fiscal year 2023;
                (iii) $296,975,000 for fiscal year 2024;
                (iv) $303,975,000 for fiscal year 2025; and
                (v) $308,975,000 for fiscal year 2026.
        (4) Territorial and puerto rico highway program.--For the 
    territorial and Puerto Rico highway program under section 165 of 
    title 23, United States Code--
            (A) $219,000,000 for fiscal year 2022;
            (B) $224,000,000 for fiscal year 2023;
            (C) $228,000,000 for fiscal year 2024;
            (D) $232,500,000 for fiscal year 2025; and
            (E) $237,000,000 for fiscal year 2026.
        (5) Nationally significant freight and highway projects.--For 
    nationally significant freight and highway projects under section 
    117 of title 23, United States Code--
            (A) $1,000,000,000 for fiscal year 2022;
            (B) $1,000,000,000 for fiscal year 2023;
            (C) $1,000,000,000 for fiscal year 2024;
            (D) $900,000,000 for fiscal year 2025; and
            (E) $900,000,000 for fiscal year 2026.
    (b) Other Programs.--
        (1) In general.--The following amounts are authorized to be 
    appropriated out of the Highway Trust Fund (other than the Mass 
    Transit Account):
            (A) Bridge investment program.--To carry out the bridge 
        investment program under section 124 of title 23, United States 
        Code--
                (i) $600,000,000 for fiscal year 2022;
                (ii) $640,000,000 for fiscal year 2023;
                (iii) $650,000,000 for fiscal year 2024;
                (iv) $675,000,000 for fiscal year 2025; and
                (v) $700,000,000 for fiscal year 2026.
            (B) Congestion relief program.--To carry out the congestion 
        relief program under section 129(d) of title 23, United States 
        Code, $50,000,000 for each of fiscal years 2022 through 2026.
            (C) Charging and fueling infrastructure grants.--To carry 
        out section 151(f) of title 23, United States Code--
                (i) $300,000,000 for fiscal year 2022;
                (ii) $400,000,000 for fiscal year 2023;
                (iii) $500,000,000 for fiscal year 2024;
                (iv) $600,000,000 for fiscal year 2025; and
                (v) $700,000,000 for fiscal year 2026.
            (D) Rural surface transportation grant program.--To carry 
        out the rural surface transportation grant program under 
        section 173 of title 23, United States Code--
                (i) $300,000,000 for fiscal year 2022;
                (ii) $350,000,000 for fiscal year 2023;
                (iii) $400,000,000 for fiscal year 2024;
                (iv) $450,000,000 for fiscal year 2025; and
                (v) $500,000,000 for fiscal year 2026.
            (E) PROTECT grants.--
                (i) In general.--To carry out subsection (d) of the 
            PROTECT program under section 176 of title 23, United 
            States Code, for each of fiscal years 2022 through 2026--

                    (I) $250,000,000 for fiscal year 2022;
                    (II) $250,000,000 for fiscal year 2023;
                    (III) $300,000,000 for fiscal year 2024;
                    (IV) $300,000,000 for fiscal year 2025; and
                    (V) $300,000,000 for fiscal year 2026.

                (ii) Allocation.--Of the amounts made available under 
            clause (i)--

                    (I) for planning grants under paragraph (3) of that 
                subsection--

                        (aa) $25,000,000 for fiscal year 2022;
                        (bb) $25,000,000 for fiscal year 2023;
                        (cc) $30,000,000 for fiscal year 2024;
                        (dd) $30,000,000 for fiscal year 2025; and
                        (ee) $30,000,000 for fiscal year 2026;

                    (II) for resilience improvement grants under 
                paragraph (4)(A) of that subsection--

                        (aa) $175,000,000 for fiscal year 2022;
                        (bb) $175,000,000 for fiscal year 2023;
                        (cc) $210,000,000 for fiscal year 2024;
                        (dd) $210,000,000 for fiscal year 2025; and
                        (ee) $210,000,000 for fiscal year 2026;

                    (III) for community resilience and evacuation route 
                grants under paragraph (4)(B) of that subsection--

                        (aa) $25,000,000 for fiscal year 2022;
                        (bb) $25,000,000 for fiscal year 2023;
                        (cc) $30,000,000 for fiscal year 2024;
                        (dd) $30,000,000 for fiscal year 2025; and
                        (ee) $30,000,000 for fiscal year 2026; and

                    (IV) for at-risk coastal infrastructure grants 
                under paragraph (4)(C) of that subsection--

                        (aa) $25,000,000 for fiscal year 2022;
                        (bb) $25,000,000 for fiscal year 2023;
                        (cc) $30,000,000 for fiscal year 2024;
                        (dd) $30,000,000 for fiscal year 2025; and
                        (ee) $30,000,000 for fiscal year 2026.
            (F) Reduction of truck emissions at port facilities.--
                (i) In general.--To carry out the reduction of truck 
            emissions at port facilities under section 11402, 
            $50,000,000 for each of fiscal years 2022 through 2026.
                (ii) Treatment.--Amounts made available under clause 
            (i) shall be available for obligation in the same manner as 
            if those amounts were apportioned under chapter 1 of title 
            23, United States Code.
            (G) Nationally significant federal lands and tribal 
        projects.--
                (i) In general.--To carry out the nationally 
            significant Federal lands and tribal projects program under 
            section 1123 of the FAST Act (23 U.S.C. 201 note; Public 
            Law 114-94), $55,000,000 for each of fiscal years 2022 
            through 2026.
                (ii) Treatment.--Amounts made available under clause 
            (i) shall be available for obligation in the same manner as 
            if those amounts were apportioned under chapter 1 of title 
            23, United States Code.
        (2) General fund.--
            (A) Bridge investment program.--
                (i) In general.--In addition to amounts made available 
            under paragraph (1)(A), there are authorized to be 
            appropriated to carry out the bridge investment program 
            under section 124 of title 23, United States Code--

                    (I) $600,000,000 for fiscal year 2022;
                    (II) $640,000,000 for fiscal year 2023;
                    (III) $650,000,000 for fiscal year 2024;
                    (IV) $675,000,000 for fiscal year 2025; and
                    (V) $700,000,000 for fiscal year 2026.

                (ii) Allocation.--Amounts made available under clause 
            (i) shall be allocated in the same manner as if made 
            available under paragraph (1)(A).
            (B) Nationally significant federal lands and tribal 
        projects program.--In addition to amounts made available under 
        paragraph (1)(G), there is authorized to be appropriated to 
        carry out section 1123 of the FAST Act (23 U.S.C. 201 note; 
        Public Law 114-94) $300,000,000 for each of fiscal years 2022 
        through 2026.
            (C) Healthy streets program.--There is authorized to be 
        appropriated to carry out the Healthy Streets program under 
        section 11406 $100,000,000 for each of fiscal years 2022 
        through 2026.
            (D) Transportation resilience and adaptation centers of 
        excellence.--There is authorized to be appropriated to carry 
        out section 520 of title 23, United States Code, $100,000,000 
        for each of fiscal years 2022 through 2026.
            (E) Open challenge and research proposal pilot program.--
        There is authorized to be appropriated to carry out the open 
        challenge and research proposal pilot program under section 
        13006(e) $15,000,000 for each of fiscal years 2022 through 
        2026.
    (c) Research, Technology, and Education Authorizations.--
        (1) In general.--The following amounts are authorized to be 
    appropriated out of the Highway Trust Fund (other than the Mass 
    Transit Account):
            (A) Highway research and development program.--To carry out 
        section 503(b) of title 23, United States Code, $147,000,000 
        for each of fiscal years 2022 through 2026.
            (B) Technology and innovation deployment program.--To carry 
        out section 503(c) of title 23, United States Code, 
        $110,000,000 for each of fiscal years 2022 through 2026.
            (C) Training and education.--To carry out section 504 of 
        title 23, United States Code--
                (i) $25,000,000 for fiscal year 2022;
                (ii) $25,250,000 for fiscal year 2023;
                (iii) $25,500,000 for fiscal year 2024;
                (iv) $25,750,000 for fiscal year 2025; and
                (v) $26,000,000 for fiscal year 2026.
            (D) Intelligent transportation systems program.--To carry 
        out sections 512 through 518 of title 23, United States Code, 
        $110,000,000 for each of fiscal years 2022 through 2026.
            (E) University transportation centers program.--To carry 
        out section 5505 of title 49, United States Code--
                (i) $80,000,000 for fiscal year 2022;
                (ii) $80,500,000 for fiscal year 2023;
                (iii) $81,000,000 for fiscal year 2024;
                (iv) $81,500,000 for fiscal year 2025; and
                (v) $82,000,000 for fiscal year 2026.
            (F) Bureau of transportation statistics.--To carry out 
        chapter 63 of title 49, United States Code--
                (i) $26,000,000 for fiscal year 2022;
                (ii) $26,250,000 for fiscal year 2023;
                (iii) $26,500,000 for fiscal year 2024;
                (iv) $26,750,000 for fiscal year 2025; and
                (v) $27,000,000 for fiscal year 2026.
        (2) Administration.--The Federal Highway Administration shall--
            (A) administer the programs described in subparagraphs (A), 
        (B), and (C) of paragraph (1); and
            (B) in consultation with relevant modal administrations, 
        administer the programs described in paragraph (1)(D).
        (3) Applicability of title 23, united states code.--Amounts 
    authorized to be appropriated by paragraph (1) shall--
            (A) be available for obligation in the same manner as if 
        those funds were apportioned under chapter 1 of title 23, 
        United States Code, except that the Federal share of the cost 
        of a project or activity carried out using those funds shall be 
        80 percent, unless otherwise expressly provided by this 
        division (including the amendments by this division) or 
        otherwise determined by the Secretary; and
            (B) remain available until expended and not be 
        transferable, except as otherwise provided by this division.
    (d) Pilot Programs.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
        (1) Wildlife crossings pilot program.--For the wildlife 
    crossings pilot program under section 171 of title 23, United 
    States Code--
            (A) $60,000,000 for fiscal year 2022;
            (B) $65,000,000 for fiscal year 2023;
            (C) $70,000,000 for fiscal year 2024;
            (D) $75,000,000 for fiscal year 2025; and
            (E) $80,000,000 for fiscal year 2026.
        (2) Prioritization process pilot program.--
            (A) In general.--For the prioritization process pilot 
        program under section 11204, $10,000,000 for each of fiscal 
        years 2022 through 2026.
            (B) Treatment.--Amounts made available under subparagraph 
        (A) shall be available for obligation in the same manner as if 
        those amounts were apportioned under chapter 1 of title 23, 
        United States Code.
        (3) Reconnecting communities pilot program.--
            (A) Planning grants.--For planning grants under the 
        reconnecting communities pilot program under section 11509(c), 
        $30,000,000 for each of fiscal years 2022 through 2026.
            (B) Capital construction grants.--For capital construction 
        grants under the reconnecting communities pilot program under 
        section 11509(d)--
                (i) $65,000,000 for fiscal year 2022;
                (ii) $68,000,000 for fiscal year 2023;
                (iii) $70,000,000 for fiscal year 2024;
                (iv) $72,000,000 for fiscal year 2025; and
                (v) $75,000,000 for fiscal year 2026.
            (C) Treatment.--Amounts made available under subparagraph 
        (A) or (B) shall be available for obligation in the same manner 
        as if those amounts were apportioned under chapter 1 of title 
        23, United States Code, except that those amounts shall remain 
        available until expended.
    (e) Disadvantaged Business Enterprises.--
        (1) Findings.--Congress finds that--
            (A) while significant progress has occurred due to the 
        establishment of the disadvantaged business enterprise program, 
        discrimination and related barriers continue to pose 
        significant obstacles for minority- and women-owned businesses 
        seeking to do business in Federally assisted surface 
        transportation markets across the United States;
            (B) the continuing barriers described in subparagraph (A) 
        merit the continuation of the disadvantaged business enterprise 
        program;
            (C) Congress has received and reviewed testimony and 
        documentation of race and gender discrimination from numerous 
        sources, including congressional hearings and roundtables, 
        scientific reports, reports issued by public and private 
        agencies, news stories, reports of discrimination by 
        organizations and individuals, and discrimination lawsuits, 
        which show that race- and gender-neutral efforts alone are 
        insufficient to address the problem;
            (D) the testimony and documentation described in 
        subparagraph (C) demonstrate that discrimination across the 
        United States poses a barrier to full and fair participation in 
        surface transportation-related businesses of women business 
        owners and minority business owners and has impacted firm 
        development and many aspects of surface transportation-related 
        business in the public and private markets; and
            (E) the testimony and documentation described in 
        subparagraph (C) provide a strong basis that there is a 
        compelling need for the continuation of the disadvantaged 
        business enterprise program to address race and gender 
        discrimination in surface transportation-related business.
        (2) Definitions.--In this subsection:
            (A) Small business concern.--
                (i) In general.--The term ``small business concern'' 
            means a small business concern (as the term is used in 
            section 3 of the Small Business Act (15 U.S.C. 632)).
                (ii) Exclusions.--The term ``small business concern'' 
            does not include any concern or group of concerns 
            controlled by the same socially and economically 
            disadvantaged individual or individuals that have average 
            annual gross receipts during the preceding 3 fiscal years 
            in excess of $26,290,000, as adjusted annually by the 
            Secretary for inflation.
            (B) Socially and economically disadvantaged individuals.--
        The term ``socially and economically disadvantaged 
        individuals'' has the meaning given the term in section 8(d) of 
        the Small Business Act (15 U.S.C. 637(d)) and relevant 
        subcontracting regulations issued pursuant to that Act, except 
        that women shall be presumed to be socially and economically 
        disadvantaged individuals for purposes of this subsection.
        (3) Amounts for small business concerns.--Except to the extent 
    that the Secretary determines otherwise, not less than 10 percent 
    of the amounts made available for any program under this division 
    (other than section 14004), division C, and section 403 of title 
    23, United States Code, shall be expended through small business 
    concerns owned and controlled by socially and economically 
    disadvantaged individuals.
        (4) Annual listing of disadvantaged business enterprises.--Each 
    State shall annually--
            (A) survey and compile a list of the small business 
        concerns referred to in paragraph (3) in the State, including 
        the location of the small business concerns in the State; and
            (B) notify the Secretary, in writing, of the percentage of 
        the small business concerns that are controlled by--
                (i) women;
                (ii) socially and economically disadvantaged 
            individuals (other than women); and
                (iii) individuals who are women and are otherwise 
            socially and economically disadvantaged individuals.
        (5) Uniform certification.--
            (A) In general.--The Secretary shall establish minimum 
        uniform criteria for use by State governments in certifying 
        whether a concern qualifies as a small business concern for the 
        purpose of this subsection.
            (B) Inclusions.--The minimum uniform criteria established 
        under subparagraph (A) shall include, with respect to a 
        potential small business concern--
                (i) on-site visits;
                (ii) personal interviews with personnel;
                (iii) issuance or inspection of licenses;
                (iv) analyses of stock ownership;
                (v) listings of equipment;
                (vi) analyses of bonding capacity;
                (vii) listings of work completed;
                (viii) examination of the resumes of principal owners;
                (ix) analyses of financial capacity; and
                (x) analyses of the type of work preferred.
        (6) Reporting.--The Secretary shall establish minimum 
    requirements for use by State governments in reporting to the 
    Secretary--
            (A) information concerning disadvantaged business 
        enterprise awards, commitments, and achievements; and
            (B) such other information as the Secretary determines to 
        be appropriate for the proper monitoring of the disadvantaged 
        business enterprise program.
        (7) Compliance with court orders.--Nothing in this subsection 
    limits the eligibility of an individual or entity to receive funds 
    made available under this division, division C, and section 403 of 
    title 23, United States Code, if the entity or person is prevented, 
    in whole or in part, from complying with paragraph (3) because a 
    Federal court issues a final order in which the court finds that a 
    requirement or the implementation of paragraph (3) is 
    unconstitutional.
        (8) Sense of congress on prompt payment of dbe 
    subcontractors.--It is the sense of Congress that--
            (A) the Secretary should take additional steps to ensure 
        that recipients comply with section 26.29 of title 49, Code of 
        Federal Regulations (the disadvantaged business enterprises 
        prompt payment rule), or any corresponding regulation, in 
        awarding Federally funded transportation contracts under laws 
        and regulations administered by the Secretary; and
            (B) such additional steps should include increasing the 
        ability of the Department to track and keep records of 
        complaints and to make that information publicly available.
SEC. 11102. OBLIGATION CEILING.
    (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs shall not 
exceed--
        (1) $57,473,430,072 for fiscal year 2022;
        (2) $58,764,510,674 for fiscal year 2023;
        (3) $60,095,782,888 for fiscal year 2024;
        (4) $61,314,170,545 for fiscal year 2025; and
        (5) $62,657,105,821 for fiscal year 2026.
    (b) Exceptions.--The limitations under subsection (a) shall not 
apply to obligations under or for--
        (1) section 125 of title 23, United States Code;
        (2) section 147 of the Surface Transportation Assistance Act of 
    1978 (23 U.S.C. 144 note; 92 Stat. 2714);
        (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 
    1701);
        (4) subsections (b) and (j) of section 131 of the Surface 
    Transportation Assistance Act of 1982 (96 Stat. 2119);
        (5) subsections (b) and (c) of section 149 of the Surface 
    Transportation and Uniform Relocation Assistance Act of 1987 (101 
    Stat. 198);
        (6) sections 1103 through 1108 of the Intermodal Surface 
    Transportation Efficiency Act of 1991 (105 Stat. 2027);
        (7) section 157 of title 23, United States Code (as in effect 
    on June 8, 1998);
        (8) section 105 of title 23, United States Code (as in effect 
    for fiscal years 1998 through 2004, but only in an amount equal to 
    $639,000,000 for each of those fiscal years);
        (9) Federal-aid highway programs for which obligation authority 
    was made available under the Transportation Equity Act for the 21st 
    Century (112 Stat. 107) or subsequent Acts for multiple years or to 
    remain available until expended, but only to the extent that the 
    obligation authority has not lapsed or been used;
        (10) section 105 of title 23, United States Code (as in effect 
    for fiscal years 2005 through 2012, but only in an amount equal to 
    $639,000,000 for each of those fiscal years);
        (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat. 
    1248), to the extent that funds obligated in accordance with that 
    section were not subject to a limitation on obligations at the time 
    at which the funds were initially made available for obligation;
        (12) section 119 of title 23, United States Code (as in effect 
    for fiscal years 2013 through 2015, but only in an amount equal to 
    $639,000,000 for each of those fiscal years);
        (13) section 119 of title 23, United States Code (as in effect 
    for fiscal years 2016 through 2021, but only in an amount equal to 
    $639,000,000 for each of those fiscal years); and
        (14) section 119 of title 23, United States Code (but, for 
    fiscal years 2022 through 2026, only in an amount equal to 
    $639,000,000 for each of those fiscal years).
    (c) Distribution of Obligation Authority.--For each of fiscal years 
2022 through 2026, the Secretary--
        (1) shall not distribute obligation authority provided by 
    subsection (a) for the fiscal year for--
            (A) amounts authorized for administrative expenses and 
        programs by section 104(a) of title 23, United States Code; and
            (B) amounts authorized for the Bureau of Transportation 
        Statistics;
        (2) shall not distribute an amount of obligation authority 
    provided by subsection (a) that is equal to the unobligated balance 
    of amounts--
            (A) made available from the Highway Trust Fund (other than 
        the Mass Transit Account) for Federal-aid highway and highway 
        safety construction programs for previous fiscal years the 
        funds for which are allocated by the Secretary (or apportioned 
        by the Secretary under section 202 or 204 of title 23, United 
        States Code); and
            (B) for which obligation authority was provided in a 
        previous fiscal year;
        (3) shall determine the proportion that--
            (A) the obligation authority provided by subsection (a) for 
        the fiscal year, less the aggregate of amounts not distributed 
        under paragraphs (1) and (2) of this subsection; bears to
            (B) the total of the sums authorized to be appropriated for 
        the Federal-aid highway and highway safety construction 
        programs (other than sums authorized to be appropriated for 
        provisions of law described in paragraphs (1) through (13) of 
        subsection (b) and sums authorized to be appropriated for 
        section 119 of title 23, United States Code, equal to the 
        amount referred to in subsection (b)(14) for the fiscal year), 
        less the aggregate of the amounts not distributed under 
        paragraphs (1) and (2) of this subsection;
        (4) shall distribute the obligation authority provided by 
    subsection (a), less the aggregate amounts not distributed under 
    paragraphs (1) and (2), for each of the programs (other than 
    programs to which paragraph (1) applies) that are allocated by the 
    Secretary under this division and title 23, United States Code, or 
    apportioned by the Secretary under section 202 or 204 of that 
    title, by multiplying--
            (A) the proportion determined under paragraph (3); by
            (B) the amounts authorized to be appropriated for each such 
        program for the fiscal year; and
        (5) shall distribute the obligation authority provided by 
    subsection (a), less the aggregate amounts not distributed under 
    paragraphs (1) and (2) and the amounts distributed under paragraph 
    (4), for Federal-aid highway and highway safety construction 
    programs that are apportioned by the Secretary under title 23, 
    United States Code (other than the amounts apportioned for the 
    national highway performance program in section 119 of title 23, 
    United States Code, that are exempt from the limitation under 
    subsection (b)(14) and the amounts apportioned under sections 202 
    and 204 of that title) in the proportion that--
            (A) amounts authorized to be appropriated for the programs 
        that are apportioned under title 23, United States Code, to 
        each State for the fiscal year; bears to
            (B) the total of the amounts authorized to be appropriated 
        for the programs that are apportioned under title 23, United 
        States Code, to all States for the fiscal year.
    (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall, after August 1 of each of fiscal 
years 2022 through 2026--
        (1) revise a distribution of the obligation authority made 
    available under subsection (c) if an amount distributed cannot be 
    obligated during that fiscal year; and
        (2) redistribute sufficient amounts to those States able to 
    obligate amounts in addition to those previously distributed during 
    that fiscal year, giving priority to those States having large 
    unobligated balances of funds apportioned under sections 144 (as in 
    effect on the day before the date of enactment of MAP-21 (Public 
    Law 112-141; 126 Stat. 405)) and 104 of title 23, United States 
    Code.
    (e) Applicability of Obligation Limitations to Transportation 
Research Programs.--
        (1) In general.--Except as provided in paragraph (2), 
    obligation limitations imposed by subsection (a) shall apply to 
    contract authority for transportation research programs carried out 
    under chapter 5 of title 23, United States Code.
        (2) Exception.--Obligation authority made available under 
    paragraph (1) shall--
            (A) remain available for a period of 4 fiscal years; and
            (B) be in addition to the amount of any limitation imposed 
        on obligations for Federal-aid highway and highway safety 
        construction programs for future fiscal years.
    (f) Redistribution of Certain Authorized Funds.--
        (1) In general.--Not later than 30 days after the date of 
    distribution of obligation authority under subsection (c) for each 
    of fiscal years 2022 through 2026, the Secretary shall distribute 
    to the States any funds (excluding funds authorized for the program 
    under section 202 of title 23, United States Code) that--
            (A) are authorized to be appropriated for the fiscal year 
        for Federal-aid highway programs; and
            (B) the Secretary determines will not be allocated to the 
        States (or will not be apportioned to the States under section 
        204 of title 23, United States Code), and will not be available 
        for obligation, for the fiscal year because of the imposition 
        of any obligation limitation for the fiscal year.
        (2) Ratio.--Funds shall be distributed under paragraph (1) in 
    the same proportion as the distribution of obligation authority 
    under subsection (c)(5).
        (3) Availability.--Funds distributed to each State under 
    paragraph (1) shall be available for any purpose described in 
    section 133(b) of title 23, United States Code.
SEC. 11103. DEFINITIONS.
    Section 101(a) of title 23, United States Code, is amended--
        (1) in paragraph (4)--
            (A) in subparagraph (A), by inserting ``assessing 
        resilience,'' after ``surveying,'';
            (B) in subparagraph (G), by striking ``and'' at the end;
            (C) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (D) by inserting after subparagraph (G) the following:
            ``(H) improvements that reduce the number of wildlife-
        vehicle collisions, such as wildlife crossing structures; 
        and'';
        (2) by redesignating paragraphs (17) through (34) as paragraphs 
    (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), 
    (30), (31), (32), (33), (34), (35), and (36), respectively;
        (3) by inserting after paragraph (16) the following:
        ``(17) Natural infrastructure.--The term `natural 
    infrastructure' means infrastructure that uses, restores, or 
    emulates natural ecological processes and--
            ``(A) is created through the action of natural physical, 
        geological, biological, and chemical processes over time;
            ``(B) is created by human design, engineering, and 
        construction to emulate or act in concert with natural 
        processes; or
            ``(C) involves the use of plants, soils, and other natural 
        features, including through the creation, restoration, or 
        preservation of vegetated areas using materials appropriate to 
        the region to manage stormwater and runoff, to attenuate 
        flooding and storm surges, and for other related purposes.'';
        (4) by inserting after paragraph (23) (as so redesignated) the 
    following:
        ``(24) Resilience.--The term `resilience', with respect to a 
    project, means a project with the ability to anticipate, prepare 
    for, or adapt to conditions or withstand, respond to, or recover 
    rapidly from disruptions, including the ability--
            ``(A)(i) to resist hazards or withstand impacts from 
        weather events and natural disasters; or
            ``(ii) to reduce the magnitude or duration of impacts of a 
        disruptive weather event or natural disaster on a project; and
            ``(B) to have the absorptive capacity, adaptive capacity, 
        and recoverability to decrease project vulnerability to weather 
        events or other natural disasters.''; and
        (5) in subparagraph (A) of paragraph (32) (as so 
    redesignated)--
            (A) by striking the period at the end and inserting ``; 
        and'';
            (B) by striking ``through the implementation'' and 
        inserting the following: ``through--
                ``(i) the implementation''; and
            (C) by adding at the end the following:
                ``(ii) the consideration of incorporating natural 
            infrastructure.''.
SEC. 11104. APPORTIONMENT.
    (a) Administrative Expenses.--Section 104(a)(1) of title 23, United 
States Code, is amended by striking subparagraphs (A) through (E) and 
inserting the following:
            ``(A) $490,964,697 for fiscal year 2022;
            ``(B) $500,783,991 for fiscal year 2023;
            ``(C) $510,799,671 for fiscal year 2024;
            ``(D) $521,015,664 for fiscal year 2025; and
            ``(E) $531,435,977 for fiscal year 2026.''.
    (b) Division Among Programs of State Share.--Section 104(b) of 
title 23, United States Code, is amended in subsection (b)--
        (1) in the matter preceding paragraph (1), by inserting ``the 
    carbon reduction program under section 175, to carry out subsection 
    (c) of the PROTECT program under section 176,'' before ``and to 
    carry out section 134'';
        (2) in paragraph (1), by striking ``63.7 percent'' and 
    inserting ``59.0771195921461 percent'';
        (3) in paragraph (2), by striking ``29.3 percent'' and 
    inserting ``28.7402203421251 percent'';
        (4) in paragraph (3), by striking ``7 percent'' and inserting 
    ``6.70605141316253 percent'';
        (5) by striking paragraph (4) and inserting the following:
        ``(4) Congestion mitigation and air quality improvement 
    program.--
            ``(A) In general.--For the congestion mitigation and air 
        quality improvement program, an amount determined for the State 
        under subparagraphs (B) and (C).
            ``(B) Total amount.--The total amount for the congestion 
        mitigation and air quality improvement program for all States 
        shall be--
                ``(i) $2,536,490,803 for fiscal year 2022;
                ``(ii) $2,587,220,620 for fiscal year 2023;
                ``(iii) $2,638,965,032 for fiscal year 2024;
                ``(iv) $2,691,744,332 for fiscal year 2025; and
                ``(v) $2,745,579,213 for fiscal year 2026.
            ``(C) State share.--For each fiscal year, the Secretary 
        shall distribute among the States the total amount for the 
        congestion mitigation and air quality improvement program under 
        subparagraph (B) so that each State receives an amount equal to 
        the proportion that--
                ``(i) the amount apportioned to the State for the 
            congestion mitigation and air quality improvement program 
            for fiscal year 2020; bears to
                ``(ii) the total amount of funds apportioned to all 
            States for that program for fiscal year 2020.'';
        (6) in paragraph (5)--
            (A) by striking subparagraph (B) and inserting the 
        following:
            ``(B) Total amount.--The total amount set aside for the 
        national highway freight program for all States shall be--
                ``(i) $1,373,932,519 for fiscal year 2022;
                ``(ii) $1,401,411,169 for fiscal year 2023;
                ``(iii) $1,429,439,392 for fiscal year 2024;
                ``(iv) $1,458,028,180 for fiscal year 2025; and
                ``(v) $1,487,188,740 for fiscal year 2026.''; and
            (B) by striking subparagraph (D); and
        (7) by striking paragraph (6) and inserting the following:
        ``(6) Metropolitan planning.--
            ``(A) In general.--To carry out section 134, an amount 
        determined for the State under subparagraphs (B) and (C).
            ``(B) Total amount.--The total amount for metropolitan 
        planning for all States shall be--
                ``(i) $ 438,121,139 for fiscal year 2022;
                ``(ii) $446,883,562 for fiscal year 2023;
                ``(iii) $455,821,233 for fiscal year 2024;
                ``(iv) $464,937,657 for fiscal year 2025; and
                ``(v) $474,236,409 for fiscal year 2026.
            ``(C) State share.--For each fiscal year, the Secretary 
        shall distribute among the States the total amount to carry out 
        section 134 under subparagraph (B) so that each State receives 
        an amount equal to the proportion that--
                ``(i) the amount apportioned to the State to carry out 
            section 134 for fiscal year 2020; bears to
                ``(ii) the total amount of funds apportioned to all 
            States to carry out section 134 for fiscal year 2020.
        ``(7) Carbon reduction program.--For the carbon reduction 
    program under section 175, 2.56266964565637 percent of the amount 
    remaining after distributing amounts under paragraphs (4), (5), and 
    (6).
        ``(8) PROTECT formula program.--To carry out subsection (c) of 
    the PROTECT program under section 176, 2.91393900690991 percent of 
    the amount remaining after distributing amounts under paragraphs 
    (4), (5), and (6).''.
    (c) Calculation of Amounts.--Section 104(c) of title 23, United 
States Code, is amended--
        (1) in paragraph (1)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``each of fiscal years 2016 through 2020'' and inserting 
        ``fiscal year 2022 and each fiscal year thereafter'';
            (B) in subparagraph (A)--
                (i) by striking clause (i) and inserting the following:
                ``(i) the base apportionment; by''; and
                (ii) in clause (ii)(I), by striking ``fiscal year 
            2015'' and inserting ``fiscal year 2021''; and
            (C) by striking subparagraph (B) and inserting the 
        following:
            ``(B) Guaranteed amounts.--The initial amounts resulting 
        from the calculation under subparagraph (A) shall be adjusted 
        to ensure that each State receives an aggregate apportionment 
        that is--
                ``(i) equal to at least 95 percent of the estimated tax 
            payments paid into the Highway Trust Fund (other than the 
            Mass Transit Account) in the most recent fiscal year for 
            which data are available that are--

                    ``(I) attributable to highway users in the State; 
                and
                    ``(II) associated with taxes in effect on July 1, 
                2019, and only up to the rate those taxes were in 
                effect on that date;

                ``(ii) at least 2 percent greater than the 
            apportionment that the State received for fiscal year 2021; 
            and
                ``(iii) at least 1 percent greater than the 
            apportionment that the State received for the previous 
            fiscal year.''; and
        (2) in paragraph (2)--
            (A) by striking ``fiscal years 2016 through 2020'' and 
        inserting ``fiscal year 2022 and each fiscal year thereafter''; 
        and
            (B) by inserting ``the carbon reduction program under 
        section 175, to carry out subsection (c) of the PROTECT program 
        under section 176,'' before ``and to carry out section 134''.
    (d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23, 
United States Code, is amended by striking ``paragraphs (5)(D) and (6) 
of subsection (b)'' each place it appears and inserting ``subsection 
(b)(6)''.
    (e) Supplemental Funds.--Section 104 of title 23, United States 
Code, is amended by striking subsection (h).
    (f) Base Apportionment Defined.--Section 104 of title 23, United 
States Code, is amended--
        (1) by redesignating subsection (i) as subsection (h); and
        (2) in subsection (h) (as so redesignated)--
            (A) by striking ``means'' in the matter preceding paragraph 
        (1) and all that follows through ``the combined amount'' in 
        paragraph (1) and inserting ``means the combined amount'';
            (B) by striking ``and to carry out section 134; minus'' and 
        inserting ``the carbon reduction program under section 175, to 
        carry out subsection (c) of the PROTECT program under section 
        176, and to carry out section 134.''; and
            (C) by striking paragraph (2).
SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
    Section 119 of title 23, United States Code, is amended--
        (1) in subsection (b)--
            (A) in paragraph (2), by striking ``and'' at the end;
            (B) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(4) to provide support for activities to increase the 
    resiliency of the National Highway System to mitigate the cost of 
    damages from sea level rise, extreme weather events, flooding, 
    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;
            ``(B) relocating roadways in a base floodplain to higher 
        ground above projected flood elevation levels or away from 
        slide prone areas;
            ``(C) stabilizing slide areas;
            ``(D) stabilizing slopes;
            ``(E) lengthening or raising bridges to increase waterway 
        openings;
            ``(F) increasing the size or number of drainage structures;
            ``(G) replacing culverts with bridges or upsizing culverts;
            ``(H) installing seismic retrofits on bridges;
            ``(I) adding scour protection at bridges, installing 
        riprap, or adding other scour, stream stability, coastal, or 
        other hydraulic countermeasures, including spur dikes; and
            ``(J) the use of natural infrastructure to mitigate the 
        risk of recurring damage or the cost of future repair from 
        extreme weather events, flooding, or other natural disasters.
        ``(3) Savings provision.--Nothing in this subsection limits the 
    ability of a State to carry out a project otherwise eligible under 
    subsection (d) using funds apportioned under section 104(b)(1).''.
SEC. 11106. EMERGENCY RELIEF.
    Section 125 of title 23, United States Code, is amended--
        (1) in subsection (a)(1), by inserting ``wildfire,'' after 
    ``severe storm,'';
        (2) by striking subsection (b) and inserting the following:
    ``(b) Restriction on Eligibility.--Funds under this section shall 
not be used for the repair or reconstruction of a bridge that has been 
permanently closed to all vehicular traffic by the State or responsible 
local official because of imminent danger of collapse due to a 
structural deficiency or physical deterioration.''; and
        (3) in subsection (d)--
            (A) in paragraph (2)(A)--
                (i) by striking the period at the end and inserting ``; 
            and'';
                (ii) by striking ``a facility that meets the current'' 
            and inserting the following: ``a facility that--
                ``(i) meets the current''; and
                (iii) by adding at the end the following:
                ``(ii) incorporates economically justifiable 
            improvements that will mitigate the risk of recurring 
            damage from extreme weather, flooding, and other natural 
            disasters.'';
            (B) by redesignating paragraph (3) as paragraph (4); and
            (C) by inserting after paragraph (2) the following:
        ``(3) Protective features.--
            ``(A) In general.--The cost of an improvement that is part 
        of a project under this section shall be an eligible expense 
        under this section if the improvement is a protective feature 
        that will mitigate the risk of recurring damage or the cost of 
        future repair from extreme weather, flooding, and other natural 
        disasters.
            ``(B) Protective features described.--A protective feature 
        referred to in subparagraph (A) includes--
                ``(i) raising roadway grades;
                ``(ii) relocating roadways in a floodplain to higher 
            ground above projected flood elevation levels or away from 
            slide prone areas;
                ``(iii) stabilizing slide areas;
                ``(iv) stabilizing slopes;
                ``(v) lengthening or raising bridges to increase 
            waterway openings;
                ``(vi) increasing the size or number of drainage 
            structures;
                ``(vii) replacing culverts with bridges or upsizing 
            culverts;
                ``(viii) installing seismic retrofits on bridges;
                ``(ix) adding scour protection at bridges, installing 
            riprap, or adding other scour, stream stability, coastal, 
            or other hydraulic countermeasures, including spur dikes; 
            and
                ``(x) the use of natural infrastructure to mitigate the 
            risk of recurring damage or the cost of future repair from 
            extreme weather, flooding, and other natural disasters.''.
SEC. 11107. FEDERAL SHARE PAYABLE.
    Section 120 of title 23, United States Code, is amended--
        (1) in subsection (c)--
            (A) in paragraph (1), in the first sentence, by inserting 
        ``vehicle-to-infrastructure communication equipment,'' after 
        ``breakaway utility poles,'';
            (B) in subparagraph (3)(B)--
                (i) in clause (v), by striking ``or'' at the end;
                (ii) by redesignating clause (vi) as clause (vii); and
                (iii) by inserting after clause (v) the following:
                ``(vi) contractual provisions that provide safety 
            contingency funds to incorporate safety enhancements to 
            work zones prior to or during roadway construction 
            activities; or''; and
            (C) by adding at the end the following:
        ``(4) Pooled funding.--Notwithstanding any other provision of 
    law, the Secretary may waive the non-Federal share of the cost of a 
    project or activity under section 502(b)(6) that is carried out 
    with amounts apportioned under section 104(b)(2) after considering 
    appropriate factors, including whether--
            ``(A) decreasing or eliminating the non-Federal share would 
        best serve the interests of the Federal-aid highway program; 
        and
            ``(B) the project or activity addresses national or 
        regional high priority research, development, and technology 
        transfer problems in a manner that would benefit multiple 
        States or metropolitan planning organizations.'';
        (2) in subsection (e)--
            (A) in paragraph (1), by striking ``180 days'' and 
        inserting ``270 days''; and
            (B) in paragraph (4), by striking ``permanent''; and
        (3) by adding at the end the following:
    ``(l) Federal Share Flexibility Pilot Program.--
        ``(1) Establishment.--Not later than 180 days after the date of 
    enactment of the Surface Transportation Reauthorization Act of 
    2021, the Secretary shall establish a pilot program (referred to in 
    this subsection as the `pilot program') to give States additional 
    flexibility with respect to the Federal requirements under this 
    section.
        ``(2) Program.--
            ``(A) In general.--Notwithstanding any other provision of 
        law, a State participating in the pilot program (referred to in 
        this subsection as a `participating State') may determine the 
        Federal share on a project, multiple-project, or program basis 
        for projects under any of the following:
                ``(i) The national highway performance program under 
            section 119.
                ``(ii) The surface transportation block grant program 
            under section 133.
                ``(iii) The highway safety improvement program under 
            section 148.
                ``(iv) The congestion mitigation and air quality 
            improvement program under section 149.
                ``(v) The national highway freight program under 
            section 167.
                ``(vi) The carbon reduction program under section 175.
                ``(vii) Subsection (c) of the PROTECT program under 
            section 176.
            ``(B) Requirements.--
                ``(i) Maximum federal share.--Subject to clause (iii), 
            the Federal share of the cost of an individual project 
            carried out under a program described in subparagraph (A) 
            by a participating State and to which the participating 
            State is applying the Federal share requirements under the 
            pilot program may be up to 100 percent.
                ``(ii) Minimum federal share.--No individual project 
            carried out under a program described in subparagraph (A) 
            by a participating State and to which the participating 
            State is applying the Federal share requirements under the 
            pilot program shall have a Federal share of 0 percent.
                ``(iii) Determination.--The average annual Federal 
            share of the total cost of all projects authorized under a 
            program described in subparagraph (A) to which a 
            participating State is applying the Federal share 
            requirements under the pilot program shall be not more than 
            the average of the maximum Federal share of those projects 
            if those projects were not carried out under the pilot 
            program.
            ``(C) Selection.--
                ``(i) Application.--A State seeking to be a 
            participating State shall--

                    ``(I) submit to the Secretary an application in 
                such form, at such time, and containing such 
                information as the Secretary may require; and
                    ``(II) have in place adequate financial controls to 
                allow the State to determine the average annual Federal 
                share requirements under the pilot program.

                ``(ii) Requirement.--For each of fiscal years 2022 
            through 2026, the Secretary shall select not more than 10 
            States to be participating States.''.
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.
    (a) In General.--Section 130(e) of title 23, United States Code, is 
amended--
        (1) in the heading, by striking ``Protective Devices'' and 
    inserting ``Railway-Highway Grade Crossings''; and
        (2) in paragraph (1)--
            (A) in subparagraph (A), by striking ``and the installation 
        of protective devices at railway-highway crossings'' in the 
        matter preceding clause (i) and all that follows through 
        ``2020.'' in clause (v) and inserting the following: ``, the 
        installation of protective devices at railway-highway 
        crossings, the replacement of functionally obsolete warning 
        devices, and as described in subparagraph (B), not less than 
        $245,000,000 for each of fiscal years 2022 through 2026.''; and
            (B) by striking subparagraph (B) and inserting the 
        following:
            ``(B) Reducing trespassing fatalities and injuries.--A 
        State may use funds set aside under subparagraph (A) for 
        projects to reduce pedestrian fatalities and injuries from 
        trespassing at grade crossings.''.
    (b) Federal Share.--Section 130(f)(3) of title 23, United States 
Code, is amended by striking ``90 percent'' and inserting ``100 
percent''.
    (c) Incentive Payments for At-grade Crossing Closures.--Section 
130(i)(3)(B) of title 23, United States Code, is amended by striking 
``$7,500'' and inserting ``$100,000''.
    (d) Expenditure of Funds.--Section 130(k) of title 23, United 
States Code, is amended by striking ``2 percent'' and inserting ``8 
percent''.
    (e) GAO Study.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report that includes an analysis of the effectiveness of 
the railway-highway crossings program under section 130 of title 23, 
United States Code.
    (f) Sense of Congress Relating to Trespasser Deaths Along Railroad 
Rights-of-way.--It is the sense of Congress that the Department should, 
where feasible, coordinate departmental efforts to prevent or reduce 
trespasser deaths along railroad rights-of-way and at or near railway-
highway crossings.
SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
    (a) In General.--Section 133 of title 23, United States Code, is 
amended--
        (1) in subsection (b)--
            (A) in paragraph (1)--
                (i) in subparagraph (B)--

                    (I) by adding ``or'' at the end;
                    (II) by striking ``facilities eligible'' and 
                inserting the following: ``facilities--

                ``(i) that are eligible''; and

                    (III) by adding at the end the following:

                ``(ii) that are privately or majority-privately owned, 
            but that the Secretary determines provide a substantial 
            public transportation benefit or otherwise meet the 
            foremost needs of the surface transportation system 
            described in section 101(b)(3)(D);'';
                (ii) in subparagraph (E), by striking ``and'' at the 
            end;
                (iii) in subparagraph (F), by striking the period at 
            the end and inserting ``; and''; and
                (iv) by adding at the end the following:
            ``(G) wildlife crossing structures.'';
            (B) in paragraph (3), by inserting ``148(a)(4)(B)(xvii),'' 
        after ``119(g),'';
            (C) by redesignating paragraphs (4) through (15) as 
        paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), 
        (20), (21), and (22), respectively;
            (D) in paragraph (5) (as so redesignated), by striking 
        ``railway-highway grade crossings'' and inserting ``projects 
        eligible under section 130 and installation of safety barriers 
        and nets on bridges'';
            (E) in paragraph (7) (as so redesignated)--
                (i) by inserting ``including the maintenance and 
            restoration of existing recreational trails,'' after 
            ``section 206''; and
                (ii) by striking ``the safe routes to school program 
            under section 1404 of SAFETEA-LU (23 U.S.C. 402 note)'' and 
            inserting ``the safe routes to school program under section 
            208'';
            (F) by inserting after paragraph (13) (as so redesignated) 
        the following:
        ``(14) Projects and strategies designed to reduce the number of 
    wildlife-vehicle collisions, including project-related planning, 
    design, construction, monitoring, and preventative maintenance.
        ``(15) The installation of electric vehicle charging 
    infrastructure and vehicle-to-grid infrastructure.
        ``(16) The installation and deployment of current and emerging 
    intelligent transportation technologies, including the ability of 
    vehicles to communicate with infrastructure, buildings, and other 
    road users.
        ``(17) Planning and construction of projects that facilitate 
    intermodal connections between emerging transportation 
    technologies, such as magnetic levitation and hyperloop.
        ``(18) Protective features, including natural infrastructure, 
    to enhance the resilience of a transportation facility otherwise 
    eligible for assistance under this section.
        ``(19) Measures to protect a transportation facility otherwise 
    eligible for assistance under this section from cybersecurity 
    threats.''; and
            (G) by adding at the end the following:
        ``(23) Rural barge landing, dock, and waterfront infrastructure 
    projects in accordance with subsection (j).
        ``(24) Projects to enhance travel and tourism.'';
        (2) in subsection (c)--
            (A) in paragraph (2), by striking ``paragraphs (4) through 
        (11)'' and inserting ``paragraphs (5) through (15) and 
        paragraph (23)'';
            (B) in paragraph (3), by striking ``and'' at the end;
            (C) by redesignating paragraph (4) as paragraph (5); and
            (D) by inserting after paragraph (3) the following:
        ``(4) for a bridge project for the replacement of a low water 
    crossing (as defined by the Secretary) with a bridge; and'';
        (3) in subsection (d)--
            (A) in paragraph (1)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``reservation'' and inserting ``set aside''; and
                (ii) in subparagraph (A)--

                    (I) in the matter preceding clause (i), by striking 
                ``the percentage specified in paragraph (6) for a 
                fiscal year'' and inserting ``55 percent for each of 
                fiscal years 2022 through 2026''; and
                    (II) by striking clauses (ii) and (iii) and 
                inserting the following:

                ``(ii) in urbanized areas of the State with an 
            urbanized area population of not less than 50,000 and not 
            more than 200,000;
                ``(iii) in urban areas of the State with a population 
            not less than 5,000 and not more than 49,999; and
                ``(iv) in other areas of the State with a population 
            less than 5,000; and'';
            (B) by striking paragraph (3) and inserting the following:
        ``(3) Local consultation.--
            ``(A) Consultation with metropolitan planning 
        organizations.--For purposes of clause (ii) of paragraph 
        (1)(A), a State shall--
                ``(i) establish a process to consult with all 
            metropolitan planning organizations in the State that 
            represent an urbanized area described in that clause; and
                ``(ii) describe how funds allocated for areas described 
            in that clause will be allocated equitably among the 
            applicable urbanized areas during the period of fiscal 
            years 2022 through 2026.
            ``(B) Consultation with regional transportation planning 
        organizations.--For purposes of clauses (iii) and (iv) of 
        paragraph (1)(A), before obligating funding attributed to an 
        area with a population less than 50,000, a State shall consult 
        with the regional transportation planning organizations that 
        represent the area, if any.''; and
            (C) by striking paragraph (6);
        (4) in subsection (e)(1), in the matter preceding subparagraph 
    (A), by striking ``fiscal years 2016 through 2020'' and inserting 
    ``fiscal years 2022 through 2026'';
        (5) in subsection (f)--
            (A) in paragraph (1)--
                (i) by inserting ``or low water crossing (as defined by 
            the Secretary)'' after ``a highway bridge''; and
                (ii) by inserting ``or low water crossing (as defined 
            by the Secretary)'' after ``other than a bridge'';
            (B) in paragraph (2)(A)--
                (i) by striking ``activities described in subsection 
            (b)(2) for off-system bridges'' and inserting ``activities 
            described in paragraphs (1)(A) and (10) of subsection (b) 
            for off-system bridges, projects and activities described 
            in subsection (b)(1)(A) for the replacement of low water 
            crossings with bridges, and projects and activities 
            described in subsection (b)(10) for low water crossings (as 
            defined by the Secretary),''; and
                (ii) by striking ``15 percent'' and inserting ``20 
            percent''; and
            (C) in paragraph (3), in the matter preceding subparagraph 
        (A)--
                (i) by striking ``bridge or rehabilitation of a 
            bridge'' and inserting ``bridge, rehabilitation of a 
            bridge, or replacement of a low water crossing (as defined 
            by the Secretary) with a bridge''; and
                (ii) by inserting ``or, in the case of a replacement of 
            a low water crossing with a bridge, is determined by the 
            Secretary on completion to have improved the safety of the 
            location'' after ``no longer a deficient bridge'';
        (6) in subsection (g)--
            (A) in the subsection heading, by striking ``Less Than 
        5,000'' and inserting ``Less Than 50,000''; and
            (B) by striking paragraph (1) and inserting the following:
        ``(1) In general.--Notwithstanding subsection (c), and except 
    as provided in paragraph (2), up to 15 percent of the amounts 
    required to be obligated by a State under clauses (iii) and (iv) of 
    subsection (d)(1)(A) for each fiscal year may be obligated on--
            ``(A) roads functionally classified as rural minor 
        collectors or local roads; or
            ``(B) on critical rural freight corridors designated under 
        section 167(e).''; and
        (7) by adding at the end the following:
    ``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure 
Projects.--
        ``(1) In general.--A State may use not more than 5 percent of 
    the funds apportioned to the State under section 104(b)(2) for 
    eligible rural barge landing, dock, and waterfront infrastructure 
    projects described in paragraph (2).
        ``(2) Eligible projects.--An eligible rural barge landing, 
    dock, or waterfront infrastructure project referred to in paragraph 
    (1) is a project for the planning, designing, engineering, or 
    construction of a barge landing, dock, or other waterfront 
    infrastructure in a rural community or a Native village (as defined 
    in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 
    1602)) that is off the road system.
    ``(k) Projects in Rural Areas.--
        ``(1) Set aside.--Notwithstanding subsection (c), in addition 
    to the activities described in subsections (b) and (g), of the 
    amounts apportioned to a State for each fiscal year to carry out 
    this section, not more than 15 percent may be--
            ``(A) used on eligible projects under subsection (b) or 
        maintenance activities on roads functionally classified as 
        rural minor collectors or local roads, ice roads, or seasonal 
        roads; or
            ``(B) transferred to--
                ``(i) the Appalachian Highway System Program under 
            14501 of title 40; or
                ``(ii) the Denali access system program under section 
            309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 
            note; Public Law 105-277).
        ``(2) Savings clause.--Amounts allocated under subsection (d) 
    shall not be used to carry out this subsection, except at the 
    request of the applicable metropolitan planning organization.''.
    (b) Set-aside.--
        (1) In general.--Section 133(h) of title 23, United States 
    Code, is amended--
            (A) in paragraph (1)--
                (i) in the heading, by striking ``Reservation of 
            funds'' and inserting ``In general''; and
                (ii) in the matter preceding subparagraph (A), by 
            striking ``for each fiscal year'' and all that follows 
            through ``and'' at the end of subparagraph (A)(ii) and 
            inserting the following: ``for fiscal year 2022 and each 
            fiscal year thereafter--
            ``(A) the Secretary shall set aside an amount equal to 10 
        percent to carry out this subsection; and'';
            (B) by striking paragraph (2) and inserting the following:
        ``(2) Allocation within a state.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        funds set aside for a State under paragraph (1) shall be 
        obligated within that State in the manner described in 
        subsection (d), except that, for purposes of this paragraph 
        (after funds are made available under paragraph (5))--
                ``(i) for fiscal year 2022 and each fiscal year 
            thereafter, the percentage referred to in paragraph (1)(A) 
            of that subsection shall be deemed to be 59 percent; and
                ``(ii) paragraph (3) of subsection (d) shall not apply.
            ``(B) Local control.--A State may allocate up to 100 
        percent of the funds referred to in subparagraph (A)(i) if--
                ``(i) the State submits to the Secretary a plan that 
            describes--

                    ``(I) how funds will be allocated to counties, 
                metropolitan planning organizations, regional 
                transportation planning organizations as described in 
                section 135(m), or local governments;
                    ``(II) how the entities described in subclause (I) 
                will carry out a competitive process to select projects 
                for funding and report selected projects to the State;
                    ``(III) the legal, financial, and technical 
                capacity of the entities described in subclause (I);
                    ``(IV) how input was gathered from the entities 
                described in subclause (I) to ensure those entities 
                will be able to comply with the requirements of this 
                subsection; and
                    ``(V) how the State will comply with paragraph (8); 
                and

                ``(ii) the Secretary approves the plan submitted under 
            clause (i).'';
            (C) by striking paragraph (3) and inserting the following:
        ``(3) Eligible projects.--Funds set aside under this subsection 
    may be obligated for--
            ``(A) projects or activities described in section 
        101(a)(29) or 213, as those provisions were in effect on the 
        day before the date of enactment of the FAST Act (Public Law 
        114-94; 129 Stat. 1312);
            ``(B) projects and activities under the safe routes to 
        school program under section 208; and
            ``(C) activities in furtherance of a vulnerable road user 
        safety assessment (as defined in section 148(a)).'';
            (D) in paragraph (4)--
                (i) by striking subparagraph (A);
                (ii) by redesignating subparagraph (B) as subparagraph 
            (A);
                (iii) in subparagraph (A) (as so redesignated)--

                    (I) by redesignating clauses (vii) and (viii) as 
                clauses (viii) and (ix), respectively;
                    (II) by inserting after clause (vi) the following:

                ``(vii) a metropolitan planning organization that 
            serves an urbanized area with a population of 200,000 or 
            fewer;'';

                    (III) in clause (viii) (as so redesignated), by 
                striking ``responsible'' and all that follows through 
                ``programs; and'' and inserting a semicolon;
                    (IV) in clause (ix) (as so redesignated)--

                        (aa) by inserting ``that serves an urbanized 
                    area with a population of over 200,000'' after 
                    ``metropolitan planning organization''; and
                        (bb) by striking the period at the end and 
                    inserting ``; and''; and

                    (V) by adding at the end the following:

                ``(x) a State, at the request of an entity described in 
            clauses (i) through (ix).''; and
                (iv) by adding at the end the following:
            ``(B) Competitive process.--A State or metropolitan 
        planning organization required to obligate funds in accordance 
        with paragraph (2) shall develop a competitive process to allow 
        eligible entities to submit projects for funding that achieve 
        the objectives of this subsection.
            ``(C) Selection.--A metropolitan planning organization for 
        an area described in subsection (d)(1)(A)(i) shall select 
        projects under the competitive process described in 
        subparagraph (B) in consultation with the relevant State.
            ``(D) Prioritization.--The competitive process described in 
        subparagraph (B) shall include prioritization of project 
        location and impact in high-need areas as defined by the State, 
        such as low-income, transit-dependent, rural, or other 
        areas.'';
            (E) in paragraph (5)(A), by striking ``reserved under this 
        section'' and inserting ``set aside under this subsection'';
            (F) in paragraph (6)--
                (i) in subparagraph (B), by striking ``reserved'' and 
            inserting ``set aside''; and
                (ii) by adding at the end the following:
            ``(C) Improving accessibility and efficiency.--
                ``(i) In general.--A State may use an amount equal to 
            not more than 5 percent of the funds set aside for the 
            State under this subsection, after allocating funds in 
            accordance with paragraph (2)(A), to improve the ability of 
            applicants to access funding for projects under this 
            subsection in an efficient and expeditious manner by 
            providing--

                    ``(I) to applicants for projects under this 
                subsection application assistance, technical 
                assistance, and assistance in reducing the period of 
                time between the selection of the project and the 
                obligation of funds for the project; and
                    ``(II) funding for 1 or more full-time State 
                employee positions to administer this subsection.

                ``(ii) Use of funds.--Amounts used under clause (i) may 
            be expended--

                    ``(I) directly by the State; or
                    ``(II) through contracts with State agencies, 
                private entities, or nonprofit entities.'';

            (G) by redesignating paragraph (7) as paragraph (8);
            (H) by inserting after paragraph (6) the following:
        ``(7) Federal share.--
            ``(A) Required aggregate non-federal share.--The average 
        annual non-Federal share of the total cost of all projects for 
        which funds are obligated under this subsection in a State for 
        a fiscal year shall be not less than the average non-Federal 
        share of the cost of the projects that would otherwise apply.
            ``(B) Flexible financing.--Subject to subparagraph (A), 
        notwithstanding section 120--
                ``(i) funds made available to carry out section 148 may 
            be credited toward the non-Federal share of the costs of a 
            project under this subsection if the project--

                    ``(I) is an eligible project described in section 
                148(e)(1); and
                    ``(II) is consistent with the State strategic 
                highway safety plan (as defined in section 148(a));

                ``(ii) the non-Federal share for a project under this 
            subsection may be calculated on a project, multiple-
            project, or program basis; and
                ``(iii) the Federal share of the cost of an individual 
            project in this section may be up to 100 percent.
            ``(C) Requirement.--Subparagraph (B) shall only apply to a 
        State if the State has adequate financial controls, as 
        certified by the Secretary, to account for the average annual 
        non-Federal share under this paragraph.''; and
            (I) in subparagraph (A) of paragraph (8) (as so 
        redesignated)--
                (i) in the matter preceding clause (i), by striking 
            ``describes'' and inserting ``includes''; and
                (ii) by striking clause (ii) and inserting the 
            following:
                ``(ii) a list of each project selected for funding for 
            each fiscal year, including, for each project--

                    ``(I) the fiscal year during which the project was 
                selected;
                    ``(II) the fiscal year in which the project is 
                anticipated to be funded;
                    ``(III) the recipient;
                    ``(IV) the location, including the congressional 
                district;
                    ``(V) the type;
                    ``(VI) the cost; and
                    ``(VII) a brief description.''.

        (2) State transferability.--Section 126(b)(2) of title 23, 
    United States Code, is amended--
            (A) by striking the period at the end and inserting ``; 
        and'';
            (B) by striking ``reserved for a State under section 133(h) 
        for a fiscal year may'' and inserting the following: ``set 
        aside for a State under section 133(h) for a fiscal year--
            ``(A) may''; and
            (C) by adding at the end the following:
            ``(B) may only be transferred if the Secretary certifies 
        that the State--
                ``(i) held a competition in compliance with the 
            guidance issued to carry out section 133(h) and provided 
            sufficient time for applicants to apply;
                ``(ii) offered to each eligible entity, and provided on 
            request of an eligible entity, technical assistance; and
                ``(iii) demonstrates that there were not sufficiently 
            suitable applications from eligible entities to use the 
            funds to be transferred.''.
SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.
    (a) In General.--Section 117 of title 23, United States Code, is 
amended--
        (1) in the section heading, by inserting ``multimodal'' before 
    ``freight'';
        (2) in subsection (a)(2)--
            (A) in subparagraph (A), by inserting ``in and across rural 
        and urban areas'' after ``people'';
            (B) in subparagraph (C), by inserting ``or freight'' after 
        ``highway'';
            (C) in subparagraph (E), by inserting ``or freight'' after 
        ``highway''; and
            (D) in subparagraph (F), by inserting ``, including 
        highways that support movement of energy equipment'' after 
        ``security'';
        (3) in subsection (b), by adding at the end the following:
        ``(3) Grant administration.--The Secretary may--
            ``(A) retain not more than a total of 2 percent of the 
        funds made available to carry out this section for the National 
        Surface Transportation and Innovative Finance Bureau to review 
        applications for grants under this section; and
            ``(B) transfer portions of the funds retained under 
        subparagraph (A) to the relevant Administrators to fund the 
        award and oversight of grants provided under this section.'';
        (4) in subsection (c)(1)--
            (A) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (B) by inserting after subparagraph (G) the following:
            ``(H) A multistate corridor organization.'';
        (5) in subsection (d)--
            (A) in paragraph (1)(A)--
                (i) in clause (iii)(II), by striking ``or'' at the end;
                (ii) in clause (iv), by striking ``and'' at the end; 
            and
                (iii) by adding at the end the following:
                ``(v) a wildlife crossing project;
                ``(vi) a surface transportation infrastructure project 
            that--

                    ``(I) is located within the boundaries of or 
                functionally connected to an international border 
                crossing area in the United States;
                    ``(II) improves a transportation facility owned by 
                a Federal, State, or local government entity; and
                    ``(III) increases throughput efficiency of the 
                border crossing described in subclause (I), including--

                        ``(aa) a project to add lanes;
                        ``(bb) a project to add technology; and
                        ``(cc) other surface transportation 
                    improvements;
                ``(vii) a project for a marine highway corridor 
            designated by the Secretary under section 55601(c) of title 
            46 (including an inland waterway corridor), if the 
            Secretary determines that the project--

                    ``(I) is functionally connected to the National 
                Highway Freight Network; and
                    ``(II) is likely to reduce on-road mobile source 
                emissions; or

                ``(viii) a highway, bridge, or freight project carried 
            out on the National Multimodal Freight Network established 
            under section 70103 of title 49; and''; and
            (B) in paragraph (2)(A), in the matter preceding clause 
        (i)--
                (i) by striking ``$600,000,000'' and inserting ``30 
            percent''; and
                (ii) by striking ``fiscal years 2016 through 2020, in 
            the aggregate,'' and inserting ``each of fiscal years 2022 
            through 2026'';
        (6) in subsection (e)--
            (A) in paragraph (1), by striking ``10 percent'' and 
        inserting ``not less than 15 percent'';
            (B) in paragraph (3)--
                (i) in subparagraph (A), by striking ``and'' at the 
            end;
                (ii) in subparagraph (B), by striking the period at the 
            end and inserting ``; and''; and
                (iii) by adding at the end the following:
            ``(C) the effect of the proposed project on safety on 
        freight corridors with significant hazards, such as high winds, 
        heavy snowfall, flooding, rockslides, mudslides, wildfire, 
        wildlife crossing onto the roadway, or steep grades.''; and
            (C) by adding at the end the following:
        ``(4) Requirement.--Of the amounts reserved under paragraph 
    (1), not less than 30 percent shall be used for projects in rural 
    areas (as defined in subsection (i)(3)).'';
        (7) in subsection (f)(2), by inserting ``(including a project 
    to replace or rehabilitate a culvert, or to reduce stormwater 
    runoff for the purpose of improving habitat for aquatic species)'' 
    after ``environmental mitigation'';
        (8) in subsection (h)--
            (A) in paragraph (2), by striking ``and'' at the end;
            (B) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (C) by adding at the end the following:
        ``(4) enhancement of freight resilience to natural hazards or 
    disasters, including high winds, heavy snowfall, flooding, 
    rockslides, mudslides, wildfire, wildlife crossing onto the 
    roadway, or steep grades;
        ``(5) whether the project will improve the shared 
    transportation corridor of a multistate corridor organization, if 
    applicable; and
        ``(6) prioritizing projects located in States in which neither 
    the State nor an eligible entity in that State has been awarded a 
    grant under this section.'';
        (9) in subsection (i)(2), by striking ``other grants under this 
    section'' and inserting ``grants under subsection (e)'';
        (10) in subsection (j)--
            (A) by striking the subsection designation and heading and 
        all that follows through ``The Federal share'' in paragraph (1) 
        and inserting the following:
    ``(j) Federal Assistance.--
        ``(1) Federal share.--
            ``(A) In general.--Except as provided in subparagraph (B) 
        or for a grant under subsection (q), the Federal share'';
            (B) in paragraph (1), by adding at the end the following:
            ``(B) Small projects.--In the case of a project described 
        in subsection (e)(1), the Federal share of the cost of the 
        project shall be 80 percent.''; and
            (C) in paragraph (2)--
                (i) by striking ``Federal assistance other'' and 
            inserting ``Except for grants under subsection (q), Federal 
            assistance other''; and
                (ii) by striking ``except that the total Federal'' and 
            inserting the following: ``except that--
            ``(A) for a State with a population density of not more 
        than 80 persons per square mile of land area, based on the 2010 
        census, the maximum share of the total Federal assistance 
        provided for a project receiving a grant under this section 
        shall be the applicable share under section 120(b); and
            ``(B) for a State not described in subparagraph (A), the 
        total Federal'';
        (11) by redesignating subsections (k) through (n) as 
    subsections (l), (m), (n), and (p), respectively;
        (12) by inserting after subsection (j) the following:
    ``(k) Efficient Use of Non-Federal Funds.--
        ``(1) In general.--Notwithstanding any other provision of law 
    and subject to approval by the Secretary under paragraph (2)(B), in 
    the case of any grant for a project under this section, during the 
    period beginning on the date on which the grant recipient is 
    selected and ending on the date on which the grant agreement is 
    signed--
            ``(A) the grant recipient may obligate and expend non-
        Federal funds with respect to the project for which the grant 
        is provided; and
            ``(B) any non-Federal funds obligated or expended in 
        accordance with subparagraph (A) shall be credited toward the 
        non-Federal cost share for the project for which the grant is 
        provided.
        ``(2) Requirements.--
            ``(A) Application.--In order to obligate and expend non-
        Federal funds under paragraph (1), the grant recipient shall 
        submit to the Secretary a request to obligate and expend non-
        Federal funds under that paragraph, including--
                ``(i) a description of the activities the grant 
            recipient intends to fund;
                ``(ii) a justification for advancing the activities 
            described in clause (i), including an assessment of the 
            effects to the project scope, schedule, and budget if the 
            request is not approved; and
                ``(iii) the level of risk of the activities described 
            in clause (i).
            ``(B) Approval.--The Secretary shall approve or disapprove 
        each request submitted under subparagraph (A).
            ``(C) Compliance with applicable requirements.--Any non-
        Federal funds obligated or expended under paragraph (1) shall 
        comply with all applicable requirements, including any 
        requirements included in the grant agreement.
        ``(3) Effect.--The obligation or expenditure of any non-Federal 
    funds in accordance with this subsection shall not--
            ``(A) affect the signing of a grant agreement or other 
        applicable grant procedures with respect to the applicable 
        grant;
            ``(B) create an obligation on the part of the Federal 
        Government to repay any non-Federal funds if the grant 
        agreement is not signed; or
            ``(C) affect the ability of the recipient of the grant to 
        obligate or expend non-Federal funds to meet the non-Federal 
        cost share for the project for which the grant is provided 
        after the period described in paragraph (1).'';
        (13) in subsection (n) (as so redesignated), by striking 
    paragraph (1) and inserting the following:
        ``(1) In general.--Not later than 60 days before the date on 
    which a grant is provided for a project under this section, the 
    Secretary shall submit to the Committees on Commerce, Science, and 
    Transportation and Environment and Public Works of the Senate and 
    the Committee on Transportation and Infrastructure of the House of 
    Representatives a report describing the proposed grant, including--
            ``(A) an evaluation and justification for the applicable 
        project; and
            ``(B) a description of the amount of the proposed grant 
        award.'';
        (14) by inserting after subsection (n) (as so redesignated) the 
    following:
    ``(o) Applicant Notification.--
        ``(1) In general.--Not later than 60 days after the date on 
    which a grant recipient for a project under this section is 
    selected, the Secretary shall provide to each eligible applicant 
    not selected for that grant a written notification that the 
    eligible applicant was not selected.
        ``(2) Inclusion.--A written notification under paragraph (1) 
    shall include an offer for a written or telephonic debrief by the 
    Secretary that will provide--
            ``(A) detail on the evaluation of the application of the 
        eligible applicant; and
            ``(B) an explanation of and guidance on the reasons the 
        application was not selected for a grant under this section.
        ``(3) Response.--
            ``(A) In general.--Not later than 30 days after the 
        eligible applicant receives a written notification under 
        paragraph (1), if the eligible applicant opts to receive a 
        debrief described in paragraph (2), the eligible applicant 
        shall notify the Secretary that the eligible applicant is 
        requesting a debrief.
            ``(B) Debrief.--If the eligible applicant submits a request 
        for a debrief under subparagraph (A), the Secretary shall 
        provide the debrief by not later than 60 days after the date on 
        which the Secretary receives the request for a debrief.''; and
        (15) by striking subsection (p) (as so redesignated) and 
    inserting the following:
    ``(p) Reports.--
        ``(1) Annual report.--
            ``(A) In general.--Notwithstanding any other provision of 
        law, not later than 30 days after the date on which the 
        Secretary selects a project for funding under this section, the 
        Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report 
        that describes the reasons for selecting the project, based on 
        any criteria established by the Secretary in accordance with 
        this section.
            ``(B) Inclusions.--The report submitted under subparagraph 
        (A) shall specify each criterion established by the Secretary 
        that the project meets.
            ``(C) Availability.--The Secretary shall make available on 
        the website of the Department of Transportation the report 
        submitted under subparagraph (A).
            ``(D) Applicability.--This paragraph applies to all 
        projects described in subparagraph (A) that the Secretary 
        selects on or after October 1, 2021.
        ``(2) Comptroller general.--
            ``(A) Assessment.--The Comptroller General of the United 
        States shall conduct an assessment of the establishment, 
        solicitation, selection, and justification process with respect 
        to the funding of projects under this section.
            ``(B) Report.--Not later than 1 year after the date of 
        enactment of the Surface Transportation Reauthorization Act of 
        2021 and annually thereafter, the Comptroller General of the 
        United States shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report 
        that describes, for each project selected to receive funding 
        under this section--
                ``(i) the process by which each project was selected;
                ``(ii) the factors that went into the selection of each 
            project; and
                ``(iii) the justification for the selection of each 
            project based on any criteria established by the Secretary 
            in accordance with this section.
        ``(3) Inspector general.--Not later than 1 year after the date 
    of enactment of the Surface Transportation Reauthorization Act of 
    2021 and annually thereafter, the Inspector General of the 
    Department of Transportation shall--
            ``(A) conduct an assessment of the establishment, 
        solicitation, selection, and justification process with respect 
        to the funding of projects under this section; and
            ``(B) submit to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a final report 
        that describes the findings of the Inspector General of the 
        Department of Transportation with respect to the assessment 
        conducted under subparagraph (A).
    ``(q) State Incentives Pilot Program.--
        ``(1) Establishment.--There is established a pilot program to 
    award grants to eligible applicants for projects eligible for 
    grants under this section (referred to in this subsection as the 
    `pilot program').
        ``(2) Priority.--In awarding grants under the pilot program, 
    the Secretary shall give priority to an application that offers a 
    greater non-Federal share of the cost of a project relative to 
    other applications under the pilot program.
        ``(3) Federal share.--
            ``(A) In general.--Notwithstanding any other provision of 
        law, the Federal share of the cost of a project assisted with a 
        grant under the pilot program may not exceed 50 percent.
            ``(B) No federal involvement.--
                ``(i) In general.--For grants awarded under the pilot 
            program, except as provided in clause (ii), an eligible 
            applicant may not use Federal assistance to satisfy the 
            non-Federal share of the cost under subparagraph (A).
                ``(ii) Exception.--An eligible applicant may use funds 
            from a secured loan (as defined in section 601(a)) to 
            satisfy the non-Federal share of the cost under 
            subparagraph (A) if the loan is repayable from non-Federal 
            funds.
        ``(4) Reservation.--
            ``(A) In general.--Of the amounts made available to provide 
        grants under this section, the Secretary shall reserve for each 
        fiscal year $150,000,000 to provide grants under the pilot 
        program.
            ``(B) Unutilized amounts.--In any fiscal year during which 
        applications under this subsection are insufficient to effect 
        an award or allocation of the entire amount reserved under 
        subparagraph (A), the Secretary shall use the unutilized 
        amounts to provide other grants under this section.
        ``(5) Set-asides.--
            ``(A) Small projects.--
                ``(i) In general.--Of the amounts reserved under 
            paragraph (4)(A), the Secretary shall reserve for each 
            fiscal year not less than 10 percent for projects eligible 
            for a grant under subsection (e).
                ``(ii) Requirement.--For a grant awarded from the 
            amount reserved under clause (i)--

                    ``(I) the requirements of subsection (e) shall 
                apply; and
                    ``(II) the requirements of subsection (g) shall not 
                apply.

            ``(B) Rural projects.--
                ``(i) In general.--Of the amounts reserved under 
            paragraph (4)(A), the Secretary shall reserve for each 
            fiscal year not less than 25 percent for projects eligible 
            for a grant under subsection (i).
                ``(ii) Requirement.--For a grant awarded from the 
            amount reserved under clause (i), the requirements of 
            subsection (i) shall apply.
        ``(6) Report to congress.--Not later than 2 years after the 
    date of enactment of this subsection, the Secretary shall submit to 
    the Committee on Environment and Public Works and the Committee on 
    Commerce, Science, and Transportation of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives a report that describes the administration of the 
    pilot program, including--
            ``(A) the number, types, and locations of eligible 
        applicants that have applied for grants under the pilot 
        program;
            ``(B) the number, types, and locations of grant recipients 
        under the pilot program;
            ``(C) an assessment of whether implementation of the pilot 
        program has incentivized eligible applicants to offer a greater 
        non-Federal share for grants under the pilot program; and
            ``(D) any recommendations for modifications to the pilot 
        program.
    ``(r) Multistate Corridor Organization Defined.--For purposes of 
this section, the term `multistate corridor organization' means an 
organization of a group of States developed through cooperative 
agreements, coalitions, or other arrangements to promote regional 
cooperation, planning, and shared project implementation for programs 
and projects to improve transportation system management and operations 
for a shared transportation corridor.
    ``(s) Additional Authorization of Appropriations.--In addition to 
amounts made available from the Highway Trust Fund, there are 
authorized to be appropriated to carry out this section, to remain 
available for a period of 3 fiscal years following the fiscal year for 
which the amounts are appropriated--
        ``(1) $1,000,000,000 for fiscal year 2022;
        ``(2) $1,100,000,000 for fiscal year 2023;
        ``(3) $1,200,000,000 for fiscal year 2024;
        ``(4) $1,300,000,000 for fiscal year 2025; and
        ``(5) $1,400,000,000 for fiscal year 2026.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
117 and inserting the following:
``117. Nationally significant multimodal freight and highway 
          projects.''.

    (c) Efficient Use of Non-Federal Funds.--
        (1) In general.--Notwithstanding any other provision of law, in 
    the case of a grant described in paragraph (2), section 117(k) of 
    title 23, United States Code, shall apply to the grant as if the 
    grant was a grant provided under that section.
        (2) Grant described.--A grant referred to in paragraph (1) is a 
    grant that is--
            (A) provided under a competitive discretionary grant 
        program administered by the Federal Highway Administration;
            (B) for a project eligible under title 23, United States 
        Code; and
            (C) in an amount greater than $5,000,000.
SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
    (a) In General.--Section 148 of title 23, United States Code, is 
amended--
        (1) in subsection (a)--
            (A) in paragraph (4)(B)--
                (i) in clause (i), by inserting ``that provides for the 
            safety of all road users, as appropriate, including a 
            multimodal roundabout'' after ``improvement'';
                (ii) in clause (vi), by inserting ``or a grade 
            separation project'' after ``devices'';
                (iii) by striking clause (viii) and inserting the 
            following:
                ``(viii) Construction or installation of features, 
            measures, and road designs to calm traffic and reduce 
            vehicle speeds.'';
                (iv) by striking clause (xxvi) and inserting the 
            following:
                ``(xxvi) Installation or upgrades of traffic control 
            devices for pedestrians and bicyclists, including 
            pedestrian hybrid beacons and the addition of bicycle 
            movement phases to traffic signals.''; and
                (v) by striking clauses (xxvii) and (xxviii) and 
            inserting the following:
                ``(xxvii) Roadway improvements that provide separation 
            between pedestrians and motor vehicles or between 
            bicyclists and motor vehicles, including medians, 
            pedestrian crossing islands, protected bike lanes, and 
            protected intersection features.
                ``(xxviii) A pedestrian security feature designed to 
            slow or stop a motor vehicle.
                ``(xxix) A physical infrastructure safety project not 
            described in clauses (i) through (xxviii).'';
            (B) by redesignating paragraphs (9) through (12) as 
        paragraphs (10), (12), (13), and (14), respectively;
            (C) by inserting after paragraph (8) the following:
        ``(9) Safe system approach.--The term `safe system approach' 
    means a roadway design--
            ``(A) that emphasizes minimizing the risk of injury or 
        fatality to road users; and
            ``(B) that--
                ``(i) takes into consideration the possibility and 
            likelihood of human error;
                ``(ii) accommodates human injury tolerance by taking 
            into consideration likely accident types, resulting impact 
            forces, and the ability of the human body to withstand 
            impact forces; and
                ``(iii) takes into consideration vulnerable road 
            users.'';
            (D) by inserting after paragraph (10) (as so redesignated) 
        the following:
        ``(11) Specified safety project.--
            ``(A) In general.--The term `specified safety project' 
        means a project carried out for the purpose of safety under any 
        other section of this title that is consistent with the State 
        strategic highway safety plan.
            ``(B) Inclusion.--The term `specified safety project' 
        includes a project that--
                ``(i) promotes public awareness and informs the public 
            regarding highway safety matters (including safety for 
            motorcyclists, bicyclists, pedestrians, individuals with 
            disabilities, and other road users);
                ``(ii) facilitates enforcement of traffic safety laws;
                ``(iii) provides infrastructure and infrastructure-
            related equipment to support emergency services;
                ``(iv) conducts safety-related research to evaluate 
            experimental safety countermeasures or equipment; or
                ``(v) supports safe routes to school noninfrastructure-
            related activities described in section 208(g)(2).'';
            (E) in paragraph (13) (as so redesignated)--
                (i) by redesignating subparagraphs (G), (H), and (I) as 
            subparagraphs (H), (I), and (J), respectively; and
                (ii) by inserting after subparagraph (F) the following;
            ``(G) includes a vulnerable road user safety assessment;''; 
        and
            (F) by adding at the end the following:
        ``(15) Vulnerable road user.--The term `vulnerable road user' 
    means a nonmotorist--
            ``(A) with a fatality analysis reporting system person 
        attribute code that is included in the definition of the term 
        `number of non-motorized fatalities' in section 490.205 of 
        title 23, Code of Federal Regulations (or successor 
        regulations); or
            ``(B) described in the term `number of non-motorized 
        serious injuries' in that section.
        ``(16) Vulnerable road user safety assessment.--The term 
    `vulnerable road user safety assessment' means an assessment of the 
    safety performance of the State with respect to vulnerable road 
    users and the plan of the State to improve the safety of vulnerable 
    road users as described in subsection (l).'';
        (2) in subsection (c)--
            (A) in paragraph (1)(A), by striking ``subsections 
        (a)(11)'' and inserting ``subsections (a)(13)''; and
            (B) in paragraph (2)--
                (i) in subparagraph (A)(vi), by inserting ``and to 
            differentiate the safety data for vulnerable road users, 
            including bicyclists, motorcyclists, and pedestrians, from 
            other road users'' after ``crashes'';
                (ii) in subparagraph (B)(i), by striking ``(including 
            motorcyclists), bicyclists, pedestrians,'' and inserting 
            ``, vulnerable road users (including motorcyclists, 
            bicyclists, pedestrians),''; and
                (iii) in subparagraph (D)--

                    (I) in clause (iv), by striking ``and'' at the end;
                    (II) in clause (v), by striking the semicolon at 
                the end and inserting ``; and''; and
                    (III) by adding at the end the following:

                ``(vi) improves the ability of the State to 
            differentiate the fatalities and serious injuries of 
            vulnerable road users, including bicyclists, motorcyclists, 
            and pedestrians, from other road users;'';
        (3) in subsection (d)(2)(B)(i), by striking ``subsection 
    (a)(11)'' and inserting ``subsection (a)(13)'';
        (4) in subsection (e), by adding at the end the following:
        ``(3) Flexible funding for specified safety projects.--
            ``(A) In general.--To advance the implementation of a State 
        strategic highway safety plan, a State may use not more than 10 
        percent of the amounts apportioned to the State under section 
        104(b)(3) for a fiscal year to carry out specified safety 
        projects.
            ``(B) Rule of construction.--Nothing in this paragraph 
        requires a State to revise any State process, plan, or program 
        in effect on the date of enactment of this paragraph.
            ``(C) Effect of paragraph.--
                ``(i) Requirements.--A project carried out under this 
            paragraph shall be subject to all requirements under this 
            section that apply to a highway safety improvement project.
                ``(ii) Other apportioned programs.--Nothing in this 
            paragraph prohibits the use of funds made available under 
            other provisions of this title for a specified safety 
            project that is a noninfrastructure project.'';
        (5) in subsection (g), by adding at the end the following:
        ``(3) Vulnerable road user safety.--If the total annual 
    fatalities of vulnerable road users in a State represents not less 
    than 15 percent of the total annual crash fatalities in the State, 
    that State shall be required to obligate not less than 15 percent 
    of the amounts apportioned to the State under section 104(b)(3) for 
    the following fiscal year for highway safety improvement projects 
    to address the safety of vulnerable road users.''; and
        (6) by adding at the end the following:
    ``(l) Vulnerable Road User Safety Assessment.--
        ``(1) In general.--Not later than 2 years after the date of 
    enactment of this subsection, each State shall complete a 
    vulnerable road user safety assessment.
        ``(2) Contents.--A vulnerable road user safety assessment under 
    paragraph (1) shall include--
            ``(A) a quantitative analysis of vulnerable road user 
        fatalities and serious injuries that--
                ``(i) includes data such as location, roadway 
            functional classification, design speed, speed limit, and 
            time of day;
                ``(ii) considers the demographics of the locations of 
            fatalities and serious injuries, including race, ethnicity, 
            income, and age; and
                ``(iii) based on the data, identifies areas as `high-
            risk' to vulnerable road users; and
            ``(B) a program of projects or strategies to reduce safety 
        risks to vulnerable road users in areas identified as high-risk 
        under subparagraph (A)(iii).
        ``(3) Use of data.--In carrying out a vulnerable road user 
    safety assessment under paragraph (1), a State shall use data from 
    the most recent 5-year period for which data is available.
        ``(4) Requirements.--In carrying out a vulnerable road user 
    safety assessment under paragraph (1), a State shall--
            ``(A) take into consideration a safe system approach; and
            ``(B) consult with local governments, metropolitan planning 
        organizations, and regional transportation planning 
        organizations that represent a high-risk area identified under 
        paragraph (2)(A)(iii).
        ``(5) Update.--A State shall update the vulnerable road user 
    safety assessment of the State in accordance with the updates 
    required to the State strategic highway safety plan under 
    subsection (d).
        ``(6) Requirement for transportation system access.--The 
    program of projects developed under paragraph (2)(B) may not 
    degrade transportation system access for vulnerable road users.
        ``(7) Guidance.--
            ``(A) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall develop 
        guidance for States to carry out this subsection.
            ``(B) Consultation.--In developing the guidance under this 
        paragraph, the Secretary shall consult with the States and 
        relevant safety stakeholders.''.
    (b) High-risk Rural Roads.--
        (1) Study.--Not later than 2 years after the date of enactment 
    of this Act, the Secretary shall update the study under section 
    1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public Law 112-141).
        (2) Publication of report.--Not later than 2 years after the 
    date of enactment of this Act, the Secretary shall publish on the 
    website of the Department of Transportation an update to the report 
    described in section 1112(b)(2) of MAP-21 (23 U.S.C. 148 note; 
    Public Law 112-141).
        (3) Best practices manual.--Not later than 180 days after the 
    date on which the report is published under paragraph (2), the 
    Secretary shall update the best practices manual described in 
    section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law 112-
    141).
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.
    Section 203(a) of title 23, United States Code, is amended--
        (1) in paragraph (1)(D), by striking ``$10,000,000'' and 
    inserting ``$20,000,000''; and
        (2) by adding at the end the following:
        ``(6) Native plant materials.--In carrying out an activity 
    described in paragraph (1), the entity carrying out the activity 
    shall consider, to the maximum extent practicable--
            ``(A) the use of locally adapted native plant materials; 
        and
            ``(B) designs that minimize runoff and heat generation.''.
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.
    (a) Federal Share.--Section 201 of title 23, United States Code, is 
amended--
        (1) in subsection (b)(7)(B), by striking ``determined in 
    accordance with section 120'', and inserting ``be up to 100 
    percent''; and
        (2) in subsection (c)(8)(A), by striking ``5 percent'' and 
    inserting ``20 percent''.
    (b) Federal Lands Access Program.--Section 204(a) of title 23, 
United States Code, is amended--
        (1) in paragraph (1)(A)--
            (A) in the matter preceding clause (i), by inserting 
        ``context-sensitive solutions,'' after ``restoration,'';
            (B) in clause (i), by inserting ``, including interpretive 
        panels in or adjacent to those areas'' after ``areas'';
            (C) in clause (v), by striking ``and'' at the end;
            (D) by redesignating clause (vi) as clause (ix); and
            (E) by inserting after clause (v) the following:
                ``(vi) contextual wayfinding markers;
                ``(vii) landscaping;
                ``(viii) cooperative mitigation of visual blight, 
            including screening or removal; and''; and
        (2) by adding at the end the following:
        ``(6) Native plant materials.--In carrying out an activity 
    described in paragraph (1), the Secretary shall ensure that the 
    entity carrying out the activity considers, to the maximum extent 
    practicable--
            ``(A) the use of locally adapted native plant materials; 
        and
            ``(B) designs that minimize runoff and heat generation.''.
SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.
    Section 167 of title 23, United States Code, is amended--
        (1) in subsection (e)--
            (A) in paragraph (2), by striking ``150 miles'' and 
        inserting ``300 miles''; and
            (B) by adding at the end the following:
        ``(3) Rural states.--Notwithstanding paragraph (2), a State 
    with a population per square mile of area that is less than the 
    national average, based on the 2010 census, may designate as 
    critical rural freight corridors a maximum of 600 miles of highway 
    or 25 percent of the primary highway freight system mileage in the 
    State, whichever is greater.'';
        (2) in subsection (f)(4), by striking ``75 miles'' and 
    inserting ``150 miles''; and
        (3) in subsection (i)(5)(B)--
            (A) in the matter preceding clause (i), by striking ``10 
        percent'' and inserting ``30 percent'';
            (B) in clause (i), by striking ``and'' at the end;
            (C) in clause (ii), by striking the period at the end and 
        inserting a semicolon; and
            (D) by adding at the end the following:
                ``(iii) for the modernization or rehabilitation of a 
            lock and dam, if the Secretary determines that the 
            project--

                    ``(I) is functionally connected to the National 
                Highway Freight Network; and
                    ``(II) is likely to reduce on-road mobile source 
                emissions; and

                ``(iv) on a marine highway corridor, connector, or 
            crossing designated by the Secretary under section 55601(c) 
            of title 46 (including an inland waterway corridor, 
            connector, or crossing), if the Secretary determines that 
            the project--

                    ``(I) is functionally connected to the National 
                Highway Freight Network; and
                    ``(II) is likely to reduce on-road mobile source 
                emissions.''.

SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
    Section 149 of title 23, United States Code, is amended--
        (1) in subsection (b)--
            (A) in the matter preceding paragraph (1), by striking 
        ``subsection (d)'' and inserting ``subsections (d) and 
        (m)(1)(B)(ii)''
            (B) in paragraph (7), by inserting ``shared micromobility 
        (including bikesharing and shared scooter systems),'' after 
        ``carsharing,'';
            (C) in paragraph (8)--
                (i) in subparagraph (A)--

                    (I) in the matter preceding clause (i), by 
                inserting ``replacements or'' before ``retrofits'';
                    (II) by striking clause (i) and inserting the 
                following:

                ``(i) verified technologies (as defined in section 791 
            of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for 
            motor vehicles (as defined in section 216 of the Clean Air 
            Act (42 U.S.C. 7550)); or''; and

                    (III) in clause (ii)(II), by striking ``or'' at the 
                end; and

                (ii) in subparagraph (B), by inserting ``replacements 
            or'' before ``retrofits''; and
                (iii) by adding at the end the following:
            ``(C) the purchase of medium- or heavy-duty zero emission 
        vehicles and related charging equipment;'';
            (D) in paragraph (9), by striking the period at the end and 
        inserting a semicolon; and
            (E) by adding at the end the following:
        ``(10) if the project is for the modernization or 
    rehabilitation of a lock and dam that--
            ``(A) is functionally connected to the Federal-aid highway 
        system; and
            ``(B) the Secretary determines is likely to contribute to 
        the attainment or maintenance of a national ambient air quality 
        standard; or
        ``(11) if the project is on a marine highway corridor, 
    connector, or crossing designated by the Secretary under section 
    55601(c) of title 46 (including an inland waterway corridor, 
    connector, or crossing) that--
            ``(A) is functionally connected to the Federal-aid highway 
        system; and
            ``(B) the Secretary determines is likely to contribute to 
        the attainment or maintenance of a national ambient air quality 
        standard.'';
        (2) in subsection (c), by adding at the end the following:
        ``(4) Locks and dams; marine highways.--For each fiscal year, a 
    State may not obligate more than 10 percent of the funds 
    apportioned to the State under section 104(b)(4) for projects 
    described in paragraphs (10) and (11) of subsection (b).'';
        (3) in subsection (f)(4)(A), by inserting ``and nonroad 
    vehicles and nonroad engines used in construction projects or port-
    related freight operations'' after ``motor vehicles'';
        (4) in subsection (g)--
            (A) in paragraph (1)(B)--
                (i) in the subparagraph heading, by inserting 
            ``replacement or'' before ``retrofit'';
                (ii) by striking ``The term `diesel retrofit''' and 
            inserting ``The term `diesel replacement or retrofit'''; 
            and
                (iii) by inserting ``or retrofit'' after 
            ``replacement'';
            (B) in paragraph (2), in the matter preceding subparagraph 
        (A), by inserting ``replacement or'' before ``retrofit''; and
            (C) in paragraph (3), by inserting ``replacements or'' 
        before ``retrofits'';
        (5) in subsection (k)(1), by striking ``that reduce such fine 
    particulate matter emissions in such area, including diesel 
    retrofits.'' and inserting ``that--
            ``(A) reduce such fine particulate matter emissions in such 
        area, including diesel replacements or retrofits; and
            ``(B) to the extent practicable, prioritize benefits to 
        disadvantaged communities or low-income populations living in, 
        or immediately adjacent to, such area.'';
        (6) in subsection (l), by adding at the following:
        ``(3) Assistance to metropolitan planning organizations.--
            ``(A) In general.--On the request of a metropolitan 
        planning organization, the Secretary may assist the 
        metropolitan planning organization tracking progress made in 
        minority or low-income populations as part of a performance 
        plan under this subsection.
            ``(B) Savings provision.--Nothing in this paragraph 
        provides the Secretary the authority--
                ``(i) to change the performance measures under section 
            150(c)(5) or the performance targets established under 
            section 134(h)(2) or 150(d); or
                ``(ii) to establish any other Federal requirement.''; 
            and
        (7) by striking subsection (m) and inserting the following:
    ``(m) Operating Assistance.--
        ``(1) In general.--A State may obligate funds apportioned under 
    section 104(b)(4) in an area of the State that is otherwise 
    eligible for obligations of such funds for operating costs--
            ``(A) under chapter 53 of title 49; or
            ``(B) on--
                ``(i) a system for which CMAQ funding was eligible, 
            made available, obligated, or expended in fiscal year 2012; 
            or
                ``(ii) a State-supported Amtrak route with a valid 
            cost-sharing agreement under section 209 of the Passenger 
            Rail Investment and Improvement Act of 2008 (49 U.S.C. 
            24101 note; Public Law 110-432) and no current 
            nonattainment areas under subsection (d).
        ``(2) No time limitation.--Operating assistance provided under 
    paragraph (1) shall have no imposed time limitation if the 
    operating assistance is for--
            ``(A) a route described in subparagraph (B) of that 
        paragraph; or
            ``(B) a transit system that is located in--
                ``(i) a non-urbanized area; or
                ``(ii) an urbanized area with a population of 200,000 
            or fewer.''.
SEC. 11116. ALASKA HIGHWAY.
    Section 218 of title 23, United States Code, is amended to read as 
follows:
``Sec. 218. Alaska Highway
    ``(a) Recognizing the benefits that will accrue to the State of 
Alaska and to the United States from the reconstruction of the Alaska 
Highway from the Alaskan border at Beaver Creek, Yukon Territory, to 
Haines Junction in Canada and the Haines Cutoff Highway from Haines 
Junction in Canada to Haines, Alaska, the Secretary may provide for the 
necessary reconstruction of the highway using funds awarded through an 
applicable competitive grant program, if the highway meets all 
applicable eligibility requirements for the program, except for the 
specific requirements established by the agreement for the Alaska 
Highway Project between the Government of the United States and the 
Government of Canada. In addition to the funds described in the 
previous sentence, notwithstanding any other provision of law and on 
agreement with the State of Alaska, the Secretary is authorized to 
expend on such highway or the Alaska Marine Highway System any Federal-
aid highway funds apportioned to the State of Alaska under this title 
at a Federal share of 100 per centum. No expenditures shall be made for 
the construction of the portion of such highways that are in Canada 
unless an agreement is in place between the Government of Canada and 
the Government of the United States (including an agreement in 
existence on the date of enactment of the Surface Transportation 
Reauthorization Act of 2021) that provides, in part, that the Canadian 
Government--
        ``(1) will provide, without participation of funds authorized 
    under this title, all necessary right-of-way for the reconstruction 
    of such highways;
        ``(2) will not impose any highway toll, or permit any such toll 
    to be charged for the use of such highways by vehicles or persons;
        ``(3) will not levy or assess, directly or indirectly, any fee, 
    tax, or other charge for the use of such highways by vehicles or 
    persons from the United States that does not apply equally to 
    vehicles or persons of Canada;
        ``(4) will continue to grant reciprocal recognition of vehicle 
    registration and driver's licenses in accordance with agreements 
    between the United States and Canada; and
        ``(5) will maintain such highways after their completion in 
    proper condition adequately to serve the needs of present and 
    future traffic.
    ``(b) The survey and construction work undertaken in Canada 
pursuant to this section shall be under the general supervision of the 
Secretary.
    ``(c) For purposes of this section, the term `Alaska Marine Highway 
System' includes all existing or planned transportation facilities and 
equipment in Alaska, including the lease, purchase, or construction of 
vessels, terminals, docks, floats, ramps, staging areas, parking lots, 
bridges and approaches thereto, and necessary roads.
    ``(d) Notwithstanding any other provision of law, a project 
assisted under this section in the State of Alaska shall be treated as 
a project on a Federal-aid highway under chapter 1.''.
SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
    (a) In General.--Section 129(c) of title 23, United States Code, is 
amended in the matter preceding paragraph (1) by striking ``the 
construction of ferry boats and ferry terminal facilities, whether toll 
or free,'' and inserting ``the construction of ferry boats and ferry 
terminal facilities (including ferry maintenance facilities), whether 
toll or free, and the procurement of transit vehicles used exclusively 
as an integral part of an intermodal ferry trip,''.
    (b) Diesel Fuel Ferry Vessels.--
        (1) In general.--Notwithstanding section 147(b), in the case of 
    a project to replace or retrofit a diesel fuel ferry vessel that 
    provides substantial emissions reductions, the Federal share of the 
    cost of the project may be up to 85 percent, as determined by the 
    State.
        (2) Sunset.--The authority provided by paragraph (1) shall 
    terminate on September 30, 2025.
SEC. 11118. BRIDGE INVESTMENT PROGRAM.
    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 123 the following:
``Sec. 124. Bridge investment program
    ``(a) Definitions.--In this section:
        ``(1) Eligible project.--
            ``(A) In general.--The term `eligible project' means a 
        project to replace, rehabilitate, preserve, or protect 1 or 
        more bridges on the National Bridge Inventory under section 
        144(b).
            ``(B) Inclusions.--The term `eligible project' includes--
                ``(i) a bundle of projects described in subparagraph 
            (A), regardless of whether the bundle of projects meets the 
            requirements of section 144(j)(5); and
                ``(ii) a project to replace or rehabilitate culverts 
            for the purpose of improving flood control and improved 
            habitat connectivity for aquatic species.
        ``(2) Large project.--The term `large project' means an 
    eligible project with total eligible project costs of greater than 
    $100,000,000.
        ``(3) Program.--The term `program' means the bridge investment 
    program established by subsection (b)(1).
    ``(b) Establishment of Bridge Investment Program.--
        ``(1) In general.--There is established a bridge investment 
    program to provide financial assistance for eligible projects under 
    this section.
        ``(2) Goals.--The goals of the program shall be--
            ``(A) to improve the safety, efficiency, and reliability of 
        the movement of people and freight over bridges;
            ``(B) to improve the condition of bridges in the United 
        States by reducing--
                ``(i) the number of bridges--

                    ``(I) in poor condition; or
                    ``(II) in fair condition and at risk of falling 
                into poor condition within the next 3 years;

                ``(ii) the total person miles traveled over bridges--

                    ``(I) in poor condition; or
                    ``(II) in fair condition and at risk of falling 
                into poor condition within the next 3 years;

                ``(iii) the number of bridges that--

                    ``(I) do not meet current geometric design 
                standards; or
                    ``(II) cannot meet the load and traffic 
                requirements typical of the regional transportation 
                network; and

                ``(iv) the total person miles traveled over bridges 
            that--

                    ``(I) do not meet current geometric design 
                standards; or
                    ``(II) cannot meet the load and traffic 
                requirements typical of the regional transportation 
                network; and

            ``(C) to provide financial assistance that leverages and 
        encourages non-Federal contributions from sponsors and 
        stakeholders involved in the planning, design, and construction 
        of eligible projects.
    ``(c) Grant Authority.--
        ``(1) In general.--In carrying out the program, the Secretary 
    may award grants, on a competitive basis, in accordance with this 
    section.
        ``(2) Grant amounts.--Except as otherwise provided, a grant 
    under the program shall be--
            ``(A) in the case of a large project, in an amount that 
        is--
                ``(i) adequate to fully fund the project (in 
            combination with other financial resources identified in 
            the application); and
                ``(ii) not less than $50,000,000; and
            ``(B) in the case of any other eligible project, in an 
        amount that is--
                ``(i) adequate to fully fund the project (in 
            combination with other financial resources identified in 
            the application); and
                ``(ii) not less than $2,500,000.
        ``(3) Maximum amount.--Except as otherwise provided, for an 
    eligible project receiving assistance under the program, the amount 
    of assistance provided by the Secretary under this section, as a 
    share of eligible project costs, shall be--
            ``(A) in the case of a large project, not more than 50 
        percent; and
            ``(B) in the case of any other eligible project, not more 
        than 80 percent.
        ``(4) Federal share.--
            ``(A) Maximum federal involvement.--Federal assistance 
        other than a grant under the program may be used to satisfy the 
        non-Federal share of the cost of a project for which a grant is 
        made, except that the total Federal assistance provided for a 
        project receiving a grant under the program may not exceed the 
        Federal share for the project under section 120.
            ``(B) Off-system bridges.--In the case of an eligible 
        project for an off-system bridge (as defined in section 
        133(f)(1))--
                ``(i) Federal assistance other than a grant under the 
            program may be used to satisfy the non-Federal share of the 
            cost of a project; and
                ``(ii) notwithstanding subparagraph (A), the total 
            Federal assistance provided for the project shall not 
            exceed 90 percent of the total eligible project costs.
            ``(C) Federal land management agencies and tribal 
        governments.--Notwithstanding any other provision of law, 
        Federal funds other than Federal funds made available under 
        this section may be used to pay the remaining share of the cost 
        of a project under the program by a Federal land management 
        agency or a Tribal government or consortium of Tribal 
        governments.
        ``(5) Considerations.--
            ``(A) In general.--In awarding grants under the program, 
        the Secretary shall consider--
                ``(i) in the case of a large project, the ratings 
            assigned under subsection (g)(5)(A);
                ``(ii) in the case of an eligible project other than a 
            large project, the quality rating assigned under subsection 
            (f)(3)(A)(ii);
                ``(iii) the average daily person and freight throughput 
            supported by the eligible project;
                ``(iv) the number and percentage of bridges within the 
            same State as the eligible project that are in poor 
            condition;
                ``(v) the extent to which the eligible project 
            demonstrates cost savings by bundling multiple bridge 
            projects;
                ``(vi) in the case of an eligible project of a Federal 
            land management agency, the extent to which the grant would 
            reduce a Federal liability or Federal infrastructure 
            maintenance backlog;
                ``(vii) geographic diversity among grant recipients, 
            including the need for a balance between the needs of rural 
            and urban communities; and
                ``(viii) the extent to which a bridge that would be 
            assisted with a grant--

                    ``(I) is, without that assistance--

                        ``(aa) at risk of falling into or remaining in 
                    poor condition; or
                        ``(bb) in fair condition and at risk of falling 
                    into poor condition within the next 3 years;

                    ``(II) does not meet current geometric design 
                standards based on--

                        ``(aa) the current use of the bridge; or
                        ``(bb) load and traffic requirements typical of 
                    the regional corridor or local network in which the 
                    bridge is located; or

                    ``(III) does not meet current seismic design 
                standards.

            ``(B) Requirement.--The Secretary shall--
                ``(i) give priority to an application for an eligible 
            project that is located within a State for which--

                    ``(I) 2 or more applications for eligible projects 
                within the State were submitted for the current fiscal 
                year and an average of 2 or more applications for 
                eligible projects within the State were submitted in 
                prior fiscal years of the program; and
                    ``(II) fewer than 2 grants have been awarded for 
                eligible projects within the State under the program;

                ``(ii) during the period of fiscal years 2022 through 
            2026, for each State described in clause (i), select--

                    ``(I) not fewer than 1 large project that the 
                Secretary determines is justified under the evaluation 
                under subsection (g)(4); or
                    ``(II) 2 eligible projects that are not large 
                projects that the Secretary determines are justified 
                under the evaluation under subsection (f)(3); and

                ``(iii) not be required to award a grant for an 
            eligible project that the Secretary does not determine is 
            justified under an evaluation under subsection (f)(3) or 
            (g)(4).
        ``(6) Culvert limitation.--Not more than 5 percent of the 
    amounts made available for each fiscal year for grants under the 
    program may be used for eligible projects that consist solely of 
    culvert replacement or rehabilitation.
    ``(d) Eligible Entity.--The Secretary may make a grant under the 
program to any of the following:
        ``(1) A State or a group of States.
        ``(2) A metropolitan planning organization that serves an 
    urbanized area (as designated by the Bureau of the Census) with a 
    population of over 200,000.
        ``(3) A unit of local government or a group of local 
    governments.
        ``(4) A political subdivision of a State or local government.
        ``(5) A special purpose district or public authority with a 
    transportation function.
        ``(6) A Federal land management agency.
        ``(7) A Tribal government or a consortium of Tribal 
    governments.
        ``(8) A multistate or multijurisdictional group of entities 
    described in paragraphs (1) through (7).
    ``(e) Eligible Project Requirements.--The Secretary may make a 
grant under the program only to an eligible entity for an eligible 
project that--
        ``(1) in the case of a large project, the Secretary recommends 
    for funding in the annual report on funding recommendations under 
    subsection (g)(6), except as provided in subsection (g)(1)(B);
        ``(2) is reasonably expected to begin construction not later 
    than 18 months after the date on which funds are obligated for the 
    project; and
        ``(3) is based on the results of preliminary engineering.
    ``(f) Competitive Process and Evaluation of Eligible Projects Other 
Than Large Projects.--
        ``(1) Competitive process.--
            ``(A) In general.--The Secretary shall--
                ``(i) for the first fiscal year for which funds are 
            made available for obligation under the program, not later 
            than 60 days after the date on which the template under 
            subparagraph (B)(i) is developed, and in subsequent fiscal 
            years, not later than 60 days after the date on which 
            amounts are made available for obligation under the 
            program, solicit grant applications for eligible projects 
            other than large projects; and
                ``(ii) not later than 120 days after the date on which 
            the solicitation under clause (i) expires, conduct 
            evaluations under paragraph (3).
            ``(B) Requirements.--In carrying out subparagraph (A), the 
        Secretary shall--
                ``(i) develop a template for applicants to use to 
            summarize project needs and benefits, including benefits 
            described in paragraph (3)(B)(i); and
                ``(ii) enable applicants to use data from the National 
            Bridge Inventory under section 144(b) to populate templates 
            described in clause (i), as applicable.
        ``(2) Applications.--An eligible entity shall submit to the 
    Secretary an application at such time, in such manner, and 
    containing such information as the Secretary may require.
        ``(3) Evaluation.--
            ``(A) In general.--Prior to providing a grant under this 
        subsection, the Secretary shall--
                ``(i) conduct an evaluation of each eligible project 
            for which an application is received under this subsection; 
            and
                ``(ii) assign a quality rating to the eligible project 
            on the basis of the evaluation under clause (i).
            ``(B) Requirements.--In carrying out an evaluation under 
        subparagraph (A), the Secretary shall--
                ``(i) consider information on project benefits 
            submitted by the applicant using the template developed 
            under paragraph (1)(B)(i), including whether the project 
            will generate, as determined by the Secretary--

                    ``(I) costs avoided by the prevention of closure or 
                reduced use of the bridge to be improved by the 
                project;
                    ``(II) in the case of a bundle of projects, 
                benefits from executing the projects as a bundle 
                compared to as individual projects;
                    ``(III) safety benefits, including the reduction of 
                accidents and related costs;
                    ``(IV) person and freight mobility benefits, 
                including congestion reduction and reliability 
                improvements;
                    ``(V) national or regional economic benefits;
                    ``(VI) benefits from long-term resiliency to 
                extreme weather events, flooding, or other natural 
                disasters;
                    ``(VII) benefits from protection (as described in 
                section 133(b)(10)), including improving seismic or 
                scour protection;
                    ``(VIII) environmental benefits, including wildlife 
                connectivity;
                    ``(IX) benefits to nonvehicular and public 
                transportation users;
                    ``(X) benefits of using--

                        ``(aa) innovative design and construction 
                    techniques; or
                        ``(bb) innovative technologies; or

                    ``(XI) reductions in maintenance costs, including, 
                in the case of a federally-owned bridge, cost savings 
                to the Federal budget; and

                ``(ii) consider whether and the extent to which the 
            benefits, including the benefits described in clause (i), 
            are more likely than not to outweigh the total project 
            costs.
    ``(g) Competitive Process, Evaluation, and Annual Report for Large 
Projects.--
        ``(1) In general.--
            ``(A) Applications.--The Secretary shall establish an 
        annual date by which an eligible entity submitting an 
        application for a large project shall submit to the Secretary 
        such information as the Secretary may require, including 
        information described in paragraph (2), in order for a large 
        project to be considered for a recommendation by the Secretary 
        for funding in the next annual report under paragraph (6).
            ``(B) First fiscal year.--Notwithstanding subparagraph (A), 
        for the first fiscal year for which funds are made available 
        for obligation for grants under the program, the Secretary may 
        establish a date by which an eligible entity submitting an 
        application for a large project shall submit to the Secretary 
        such information as the Secretary may require, including 
        information described in paragraph (2), in order for a large 
        project to be considered for immediate execution of a grant 
        agreement.
        ``(2) Information required.--The information referred to in 
    paragraph (1) includes--
            ``(A) all necessary information required for the Secretary 
        to evaluate the large project; and
            ``(B) information sufficient for the Secretary to determine 
        that--
                ``(i) the large project meets the applicable 
            requirements under this section; and
                ``(ii) there is a reasonable likelihood that the large 
            project will continue to meet the requirements under this 
            section.
        ``(3) Determination; notice.--On making a determination that 
    information submitted to the Secretary under paragraph (1) is 
    sufficient, the Secretary shall provide a written notice of that 
    determination to--
            ``(A) the eligible entity that submitted the application;
            ``(B) the Committee on Environment and Public Works of the 
        Senate; and
            ``(C) the Committee on Transportation and Infrastructure of 
        the House of Representatives.
        ``(4) Evaluation.--The Secretary may recommend a large project 
    for funding in the annual report under paragraph (6), or, in the 
    case of the first fiscal year for which funds are made available 
    for obligation for grants under the program, immediately execute a 
    grant agreement for a large project, only if the Secretary 
    evaluates the proposed project and determines that the project is 
    justified because the project--
            ``(A) addresses a need to improve the condition of the 
        bridge, as determined by the Secretary, consistent with the 
        goals of the program under subsection (b)(2);
            ``(B) will generate, as determined by the Secretary--
                ``(i) costs avoided by the prevention of closure or 
            reduced use of the bridge to be improved by the project;
                ``(ii) in the case of a bundle of projects, benefits 
            from executing the projects as a bundle compared to as 
            individual projects;
                ``(iii) safety benefits, including the reduction of 
            accidents and related costs;
                ``(iv) person and freight mobility benefits, including 
            congestion reduction and reliability improvements;
                ``(v) national or regional economic benefits;
                ``(vi) benefits from long-term resiliency to extreme 
            weather events, flooding, or other natural disasters;
                ``(vii) benefits from protection (as described in 
            section 133(b)(10)), including improving seismic or scour 
            protection;
                ``(viii) environmental benefits, including wildlife 
            connectivity;
                ``(ix) benefits to nonvehicular and public 
            transportation users;
                ``(x) benefits of using--

                    ``(I) innovative design and construction 
                techniques; or
                    ``(II) innovative technologies; or

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

                    ``(I) scheduled payments under previously signed 
                multiyear grant agreements under subsection (j);
                    ``(II) payments for new grant agreements, including 
                single-year grant agreements and multiyear grant 
                agreements; and
                    ``(III) a description of how amounts anticipated to 
                be available for the program from the Highway Trust 
                Fund for that fiscal year will be distributed; and

                ``(iv) for each project for which the Secretary 
            recommends a new multiyear grant agreement under subsection 
            (j), the proposed payout schedule for the project.
            ``(B) Limitations.--
                ``(i) In general.--The Secretary shall not recommend in 
            an annual report under this paragraph a new multiyear grant 
            agreement provided from funds from the Highway Trust Fund 
            unless the Secretary determines that the project can be 
            completed using funds that are anticipated to be available 
            from the Highway Trust Fund in future fiscal years.
                ``(ii) General fund projects.--The Secretary--

                    ``(I) may recommend for funding in an annual report 
                under this paragraph a large project using funds from 
                the general fund of the Treasury; but
                    ``(II) shall not execute a grant agreement for that 
                project unless--

                        ``(aa) funds other than from the Highway Trust 
                    Fund have been made available for the project; and
                        ``(bb) the Secretary determines that the 
                    project can be completed using funds other than 
                    from the Highway Trust Fund that are anticipated to 
                    be available in future fiscal years.
            ``(C) Considerations.--In selecting projects to recommend 
        for funding in the annual report under this paragraph, or, in 
        the case of the first fiscal year for which funds are made 
        available for obligation for grants under the program, projects 
        for immediate execution of a grant agreement, the Secretary 
        shall--
                ``(i) consider the amount of funds available in future 
            fiscal years for multiyear grant agreements as described in 
            subparagraph (B); and
                ``(ii) assume the availability of funds in future 
            fiscal years for multiyear grant agreements that extend 
            beyond the period of authorization based on the amount made 
            available for large projects under the program in the last 
            fiscal year of the period of authorization.
            ``(D) Project diversity.--In selecting projects to 
        recommend for funding in the annual report under this 
        paragraph, the Secretary shall ensure diversity among projects 
        recommended based on--
                ``(i) the amount of the grant requested; and
                ``(ii) grants for an eligible project for 1 bridge 
            compared to an eligible project that is a bundle of 
            projects.
    ``(h) Eligible Project Costs.--A grant received for an eligible 
project under the program may be used for--
        ``(1) development phase activities, including planning, 
    feasibility analysis, revenue forecasting, environmental review, 
    preliminary engineering and design work, and other preconstruction 
    activities;
        ``(2) construction, reconstruction, rehabilitation, acquisition 
    of real property (including land related to the project and 
    improvements to the land), environmental mitigation, construction 
    contingencies, acquisition of equipment, and operational 
    improvements directly related to improving system performance; and
        ``(3) expenses related to the protection (as described in 
    section 133(b)(10)) of a bridge, including seismic or scour 
    protection.
    ``(i) TIFIA Program.--On the request of an eligible entity carrying 
out an eligible project, the Secretary may use amounts awarded to the 
entity to pay subsidy and administrative costs necessary to provide to 
the entity Federal credit assistance under chapter 6 with respect to 
the eligible project for which the grant was awarded.
    ``(j) Multiyear Grant Agreements for Large Projects.--
        ``(1) In general.--A large project that receives a grant under 
    the program in an amount of not less than $100,000,000 may be 
    carried out through a multiyear grant agreement in accordance with 
    this subsection.
        ``(2) Requirements.--A multiyear grant agreement for a large 
    project described in paragraph (1) shall--
            ``(A) establish the terms of participation by the Federal 
        Government in the project;
            ``(B) establish the maximum amount of Federal financial 
        assistance for the project in accordance with paragraphs (3) 
        and (4) of subsection (c);
            ``(C) establish a payout schedule for the project that 
        provides for disbursement of the full grant amount by not later 
        than 4 fiscal years after the fiscal year in which the initial 
        amount is provided;
            ``(D) determine the period of time for completing the 
        project, even if that period extends beyond the period of an 
        authorization; and
            ``(E) attempt to improve timely and efficient management of 
        the project, consistent with all applicable Federal laws 
        (including regulations).
        ``(3) Special financial rules.--
            ``(A) In general.--A multiyear grant agreement under this 
        subsection--
                ``(i) shall obligate an amount of available budget 
            authority specified in law; and
                ``(ii) may include a commitment, contingent on amounts 
            to be specified in law in advance for commitments under 
            this paragraph, to obligate an additional amount from 
            future available budget authority specified in law.
            ``(B) Statement of contingent commitment.--The agreement 
        shall state that the contingent commitment is not an obligation 
        of the Federal Government.
            ``(C) Interest and other financing costs.--
                ``(i) In general.--Interest and other financing costs 
            of carrying out a part of the project within a reasonable 
            time shall be considered a cost of carrying out the project 
            under a multiyear grant agreement, except that eligible 
            costs may not be more than the cost of the most favorable 
            financing terms reasonably available for the project at the 
            time of borrowing.
                ``(ii) Certification.--The applicant shall certify to 
            the Secretary that the applicant has shown reasonable 
            diligence in seeking the most favorable financing terms.
        ``(4) Advance payment.--Notwithstanding any other provision of 
    law, an eligible entity carrying out a large project under a 
    multiyear grant agreement--
            ``(A) may use funds made available to the eligible entity 
        under this title for eligible project costs of the large 
        project until the amount specified in the multiyear grant 
        agreement for the project for that fiscal year becomes 
        available for obligation; and
            ``(B) if the eligible entity uses funds as described in 
        subparagraph (A), the funds used shall be reimbursed from the 
        amount made available under the multiyear grant agreement for 
        the project.
    ``(k) Undertaking Parts of Projects in Advance Under Letters of No 
Prejudice.--
        ``(1) In general.--The Secretary may pay to an applicant all 
    eligible project costs under the program, including costs for an 
    activity for an eligible project incurred prior to the date on 
    which the project receives funding under the program if--
            ``(A) before the applicant carries out the activity, the 
        Secretary approves through a letter to the applicant the 
        activity in the same manner as the Secretary approves other 
        activities as eligible under the program;
            ``(B) a record of decision, a finding of no significant 
        impact, or a categorical exclusion under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has 
        been issued for the eligible project; and
            ``(C) the activity is carried out without Federal 
        assistance and in accordance with all applicable procedures and 
        requirements.
        ``(2) Interest and other financing costs.--
            ``(A) In general.--For purposes of paragraph (1), the cost 
        of carrying out an activity for an eligible project includes 
        the amount of interest and other financing costs, including any 
        interest earned and payable on bonds, to the extent interest 
        and other financing costs are expended in carrying out the 
        activity for the eligible project, except that interest and 
        other financing costs may not be more than the cost of the most 
        favorable financing terms reasonably available for the eligible 
        project at the time of borrowing.
            ``(B) Certification.--The applicant shall certify to the 
        Secretary that the applicant has shown reasonable diligence in 
        seeking the most favorable financing terms under subparagraph 
        (A).
        ``(3) No obligation or influence on recommendations.--An 
    approval by the Secretary under paragraph (1)(A) shall not--
            ``(A) constitute an obligation of the Federal Government; 
        or
            ``(B) alter or influence any evaluation under subsection 
        (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary 
        for funding under the program.
    ``(l) Federally-owned Bridges.--
        ``(1) Divestiture consideration.--In the case of a bridge owned 
    by a Federal land management agency for which that agency applies 
    for a grant under the program, the agency--
            ``(A) shall consider options to divest the bridge to a 
        State or local entity after completion of the project; and
            ``(B) may apply jointly with the State or local entity to 
        which the bridge may be divested.
        ``(2) Treatment.--Notwithstanding any other provision of law, 
    section 129 shall apply to a bridge that was previously owned by a 
    Federal land management agency and has been transferred to a non-
    Federal entity under paragraph (1) in the same manner as if the 
    bridge was never federally owned.
    ``(m) Treatment of Projects.--Notwithstanding any other provision 
of law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under this chapter.
    ``(n) Congressional Notification.--Not later than 30 days before 
making a grant for an eligible project under the program, the Secretary 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Environment and 
Public Works of the Senate a written notification of the proposed grant 
that includes--
        ``(1) an evaluation and justification for the eligible project; 
    and
        ``(2) the amount of the proposed grant.
    ``(o) Reports.--
        ``(1) Annual report.--Not later than August 1 of each fiscal 
    year, the Secretary shall make available on the website of the 
    Department of Transportation an annual report that lists each 
    eligible project for which a grant has been provided under the 
    program during the fiscal year.
        ``(2) GAO assessment and report.--Not later than 3 years after 
    the date of enactment of the Surface Transportation Reauthorization 
    Act of 2021, the Comptroller General of the United States shall--
            ``(A) conduct an assessment of the administrative 
        establishment, solicitation, selection, and justification 
        process with respect to the funding of grants under the 
        program; and
            ``(B) submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report that describes--
                ``(i) the adequacy and fairness of the process under 
            which each eligible project that received a grant under the 
            program was selected; and
                ``(ii) the justification and criteria used for the 
            selection of each eligible project.
    ``(p) Limitation.--
        ``(1) Large projects.--Of the amounts made available out of the 
    Highway Trust Fund (other than the Mass Transit Account) to carry 
    out this section for each of fiscal years 2022 through 2026, not 
    less than 50 percent, in aggregate, shall be used for large 
    projects.
        ``(2) Unutilized amounts.--If, in fiscal year 2026, the 
    Secretary determines that grants under the program will not allow 
    for the requirement under paragraph (1) to be met, the Secretary 
    shall use the unutilized amounts to make other grants under the 
    program during that fiscal year.
    ``(q) Tribal Transportation Facility Bridge Set Aside.--
        ``(1) In general.--Of the amounts made available from the 
    Highway Trust Fund (other than the Mass Transit Account) for a 
    fiscal year to carry out this section, the Secretary shall use, to 
    carry out section 202(d)--
            ``(A) $16,000,000 for fiscal year 2022;
            ``(B) $18,000,000 for fiscal year 2023;
            ``(C) $20,000,000 for fiscal year 2024;
            ``(D) $22,000,000 for fiscal year 2025; and
            ``(E) $24,000,000 for fiscal year 2026.
        ``(2) Treatment.--For purposes of section 201, funds made 
    available for section 202(d) under paragraph (1) shall be 
    considered to be part of the tribal transportation program.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 123 the following:
``124. Bridge investment program.''.
SEC. 11119. SAFE ROUTES TO SCHOOL.
    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 207 the following:
``Sec. 208. Safe routes to school
    ``(a) Definitions.--In this section:
        ``(1) In the vicinity of schools.--The term `in the vicinity of 
    schools', with respect to a school, means the approximately 2-mile 
    area within bicycling and walking distance of the school.
        ``(2) Primary, middle, and high schools.--The term `primary, 
    middle, and high schools' means schools providing education from 
    kindergarten through 12th grade.
    ``(b) Establishment.--Subject to the requirements of this section, 
the Secretary shall establish and carry out a safe routes to school 
program for the benefit of children in primary, middle, and high 
schools.
    ``(c) Purposes.--The purposes of the program established under 
subsection (b) shall be--
        ``(1) to enable and encourage children, including those with 
    disabilities, to walk and bicycle to school;
        ``(2) to make bicycling and walking to school a safer and more 
    appealing transportation alternative, thereby encouraging a healthy 
    and active lifestyle from an early age; and
        ``(3) to facilitate the planning, development, and 
    implementation of projects and activities that will improve safety 
    and reduce traffic, fuel consumption, and air pollution in the 
    vicinity of schools.
    ``(d) Apportionment of Funds.--
        ``(1) In general.--Subject to paragraphs (2), (3), and (4), 
    amounts made available to carry out this section for a fiscal year 
    shall be apportioned among the States so that each State receives 
    the amount equal to the proportion that--
            ``(A) the total student enrollment in primary, middle, and 
        high schools in each State; bears to
            ``(B) the total student enrollment in primary, middle, and 
        high schools in all States.
        ``(2) Minimum apportionment.--No State shall receive an 
    apportionment under this section for a fiscal year of less than 
    $1,000,000.
        ``(3) Set-aside for administrative expenses.--Before 
    apportioning under this subsection amounts made available to carry 
    out this section for a fiscal year, the Secretary shall set aside 
    not more than $3,000,000 of those amounts for the administrative 
    expenses of the Secretary in carrying out this section.
        ``(4) Determination of student enrollments.--Determinations 
    under this subsection relating to student enrollments shall be made 
    by the Secretary.
    ``(e) Administration of Amounts.--Amounts apportioned to a State 
under this section shall be administered by the State department of 
transportation.
    ``(f) Eligible Recipients.--Amounts apportioned to a State under 
this section shall be used by the State to provide financial assistance 
to State, local, Tribal, and regional agencies, including nonprofit 
organizations, that demonstrate an ability to meet the requirements of 
this section.
    ``(g) Eligible Projects and Activities.--
        ``(1) Infrastructure-related projects.--
            ``(A) In general.--Amounts apportioned to a State under 
        this section may be used for the planning, design, and 
        construction of infrastructure-related projects that will 
        substantially improve the ability of students to walk and 
        bicycle to school, including sidewalk improvements, traffic 
        calming and speed reduction improvements, pedestrian and 
        bicycle crossing improvements, on-street bicycle facilities, 
        off-street bicycle and pedestrian facilities, secure bicycle 
        parking facilities, and traffic diversion improvements in the 
        vicinity of schools.
            ``(B) Location of projects.--Infrastructure-related 
        projects under subparagraph (A) may be carried out on any 
        public road or any bicycle or pedestrian pathway or trail in 
        the vicinity of schools.
        ``(2) Noninfrastructure-related activities.--
            ``(A) In general.--In addition to projects described in 
        paragraph (1), amounts apportioned to a State under this 
        section may be used for noninfrastructure-related activities to 
        encourage walking and bicycling to school, including public 
        awareness campaigns and outreach to press and community 
        leaders, traffic education and enforcement in the vicinity of 
        schools, student sessions on bicycle and pedestrian safety, 
        health, and environment, and funding for training, volunteers, 
        and managers of safe routes to school programs.
            ``(B) Allocation.--Not less than 10 percent and not more 
        than 30 percent of the amount apportioned to a State under this 
        section for a fiscal year shall be used for noninfrastructure-
        related activities under this paragraph.
        ``(3) Safe routes to school coordinator.--Each State shall use 
    a sufficient amount of the apportionment of the State for each 
    fiscal year to fund a full-time position of coordinator of the safe 
    routes to school program of the State.
    ``(h) Clearinghouse.--
        ``(1) In general.--The Secretary shall make grants to a 
    national nonprofit organization engaged in promoting safe routes to 
    schools--
            ``(A) to operate a national safe routes to school 
        clearinghouse;
            ``(B) to develop information and educational programs on 
        safe routes to school; and
            ``(C) to provide technical assistance and disseminate 
        techniques and strategies used for successful safe routes to 
        school programs.
        ``(2) Funding.--The Secretary shall carry out this subsection 
    using amounts set aside for administrative expenses under 
    subsection (d)(3).
    ``(i) Treatment of Projects.--Notwithstanding any other provision 
of law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under chapter 1.''.
    (b) Conforming Amendments.--
        (1) The analysis for chapter 2 of title 23, United States Code, 
    is amended by inserting after the item relating to section 207 the 
    following:
``208. Safe routes to school.''.

        (2) Section 1404 of SAFETEA-LU (23 U.S.C. 402 note; Public Law 
    109-59) is repealed.
        (3) The table of contents in section 1(b) of SAFETEA-LU (Public 
    Law 109-59; 119 Stat. 1144) is amended by striking the item 
    relating to section 1404.
SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.
    Section 143(b)(2)(A) of title 23, United States Code, is amended by 
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal 
years 2022 through 2026''.
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
    Section 147 of title 23, United States Code, is amended by striking 
subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section--
        ``(1) $110,000,000 for fiscal year 2022;
        ``(2) $112,000,000 for fiscal year 2023;
        ``(3) $114,000,000 for fiscal year 2024;
        ``(4) $116,000,000 for fiscal year 2025; and
        ``(5) $118,000,000 for fiscal year 2026.''.
SEC. 11122. VULNERABLE ROAD USER RESEARCH.
    (a) Definitions.--In this subsection:
        (1) Administrator.--The term ``Administrator'' means the 
    Secretary, acting through the Administrator of the Federal Highway 
    Administration.
        (2) Vulnerable road user.--The term ``vulnerable road user'' 
    has the meaning given the term in section 148(a) of title 23, 
    United States Code.
    (b) Establishment of Research Plan.--The Administrator shall 
establish a research plan to prioritize research on roadway designs, 
the development of safety countermeasures to minimize fatalities and 
serious injuries to vulnerable road users, and the promotion of 
bicycling and walking, including research relating to--
        (1) roadway safety improvements, including traffic calming 
    techniques and vulnerable road user accommodations appropriate in a 
    suburban arterial context;
        (2) the impacts of traffic speeds, and access to low-traffic 
    stress corridors, on safety and rates of bicycling and walking;
        (3) tools to evaluate the impact of transportation improvements 
    on projected rates and safety of bicycling and walking; and
        (4) other research areas to be determined by the Administrator.
    (c) Vulnerable Road User Assessments.--The Administrator shall--
        (1) review each vulnerable road user safety assessment 
    submitted by a State under section 148(l) of title 23, United 
    States Code, and other relevant sources of data to determine what, 
    if any, standard definitions and methods should be developed 
    through guidance to enable a State to collect pedestrian injury and 
    fatality data; and
        (2) in the first progress update under subsection (d)(2), 
    provide--
            (A) the results of the determination described in paragraph 
        (1); and
            (B) the recommendations of the Secretary with respect to 
        the collection and reporting of data on the safety of 
        vulnerable road users.
    (d) Submission; Publication.--
        (1) Submission of plan.--Not later than 180 days after the date 
    of enactment of this Act, the Administrator shall submit to the 
    Committee on Environment and Public Works of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives the research plan described in subsection (b).
        (2) Progress updates.--Not later than 2 years after the date of 
    enactment of this Act, and biannually thereafter, the Administrator 
    shall submit to the Committees described in paragraph (1)--
            (A) updates on the progress and findings of the research 
        conducted pursuant to the plan described in subsection (b); and
            (B) in the first submission under this paragraph, the 
        results and recommendations described in subsection (c)(2).
SEC. 11123. WILDLIFE CROSSING SAFETY.
    (a) Declaration of Policy.--Section 101(b)(3)(D) of title 23, 
United States Code, is amended, in the matter preceding clause (i), by 
inserting ``resilient,'' after ``efficient,''.
    (b) Wildlife Crossings Pilot Program.--
        (1) In general.--Chapter 1 of title 23, United States Code, is 
    amended by adding at the end the following:
``Sec. 171. Wildlife crossings pilot program
    ``(a) Finding.--Congress finds that greater adoption of wildlife-
vehicle collision safety countermeasures is in the public interest 
because--
        ``(1) according to the report of the Federal Highway 
    Administration entitled `Wildlife-Vehicle Collision Reduction 
    Study', there are more than 1,000,000 wildlife-vehicle collisions 
    every year;
        ``(2) wildlife-vehicle collisions--
            ``(A) present a danger to--
                ``(i) human safety; and
                ``(ii) wildlife survival; and
            ``(B) represent a persistent concern that results in tens 
        of thousands of serious injuries and hundreds of fatalities on 
        the roadways of the United States; and
        ``(3) the total annual cost associated with wildlife-vehicle 
    collisions has been estimated to be $8,388,000,000; and
        ``(4) wildlife-vehicle collisions are a major threat to the 
    survival of species, including birds, reptiles, mammals, and 
    amphibians.
    ``(b) Establishment.--The Secretary shall establish a competitive 
wildlife crossings pilot program (referred to in this section as the 
`pilot program') to provide grants for projects that seek to achieve--
        ``(1) a reduction in the number of wildlife-vehicle collisions; 
    and
        ``(2) in carrying out the purpose described in paragraph (1), 
    improved habitat connectivity for terrestrial and aquatic species.
    ``(c) Eligible Entities.--An entity eligible to apply for a grant 
under the pilot program is--
        ``(1) a State highway agency, or an equivalent of that agency;
        ``(2) a metropolitan planning organization (as defined in 
    section 134(b));
        ``(3) a unit of local government;
        ``(4) a regional transportation authority;
        ``(5) a special purpose district or public authority with a 
    transportation function, including a port authority;
        ``(6) an Indian tribe (as defined in section 207(m)(1)), 
    including a Native village and a Native Corporation (as those terms 
    are defined in section 3 of the Alaska Native Claims Settlement Act 
    (43 U.S.C. 1602));
        ``(7) a Federal land management agency; or
        ``(8) a group of any of the entities described in paragraphs 
    (1) through (7).
    ``(d) Applications.--
        ``(1) In general.--To be eligible to receive a grant under the 
    pilot program, an eligible entity shall submit to the Secretary an 
    application at such time, in such manner, and containing such 
    information as the Secretary may require.
        ``(2) Requirement.--If an application under paragraph (1) is 
    submitted by an eligible entity other than an eligible entity 
    described in paragraph (1) or (7) of subsection (c), the 
    application shall include documentation that the State highway 
    agency, or an equivalent of that agency, of the State in which the 
    eligible entity is located was consulted during the development of 
    the application.
        ``(3) Guidance.--To enhance consideration of current and 
    reliable data, eligible entities may obtain guidance from an agency 
    in the State with jurisdiction over fish and wildlife.
    ``(e) Considerations.--In selecting grant recipients under the 
pilot program, the Secretary shall take into consideration the 
following:
        ``(1) Primarily, the extent to which the proposed project of an 
    eligible entity is likely to protect motorists and wildlife by 
    reducing the number of wildlife-vehicle collisions and improve 
    habitat connectivity for terrestrial and aquatic species.
        ``(2) Secondarily, the extent to which the proposed project of 
    an eligible entity is likely to accomplish the following:
            ``(A) Leveraging Federal investment by encouraging non-
        Federal contributions to the project, including projects from 
        public-private partnerships.
            ``(B) Supporting local economic development and improvement 
        of visitation opportunities.
            ``(C) Incorporation of innovative technologies, including 
        advanced design techniques and other strategies to enhance 
        efficiency and effectiveness in reducing wildlife-vehicle 
        collisions and improving habitat connectivity for terrestrial 
        and aquatic species.
            ``(D) Provision of educational and outreach opportunities.
            ``(E) Monitoring and research to evaluate, compare 
        effectiveness of, and identify best practices in, selected 
        projects.
            ``(F) Any other criteria relevant to reducing the number of 
        wildlife-vehicle collisions and improving habitat connectivity 
        for terrestrial and aquatic species, as the Secretary 
        determines to be appropriate, subject to the condition that the 
        implementation of the pilot program shall not be delayed in the 
        absence of action by the Secretary to identify additional 
        criteria under this subparagraph.
    ``(f) Use of Funds.--
        ``(1) In general.--The Secretary shall ensure that a grant 
    received under the pilot program is used for a project to reduce 
    wildlife-vehicle collisions.
        ``(2) Grant administration.--
            ``(A) In general.--A grant received under the pilot program 
        shall be administered by--
                ``(i) in the case of a grant to a Federal land 
            management agency or an Indian tribe (as defined in section 
            207(m)(1), including a Native village and a Native 
            Corporation (as those terms are defined in section 3 of the 
            Alaska Native Claims Settlement Act (43 U.S.C. 1602))), the 
            Federal Highway Administration, through an agreement; and
                ``(ii) in the case of a grant to an eligible entity 
            other than an eligible entity described in clause (i), the 
            State highway agency, or an equivalent of that agency, for 
            the State in which the project is to be carried out.
            ``(B) Partnerships.--
                ``(i) In general.--A grant received under the pilot 
            program may be used to provide funds to eligible partners 
            of the project for which the grant was received described 
            in clause (ii), in accordance with the terms of the project 
            agreement.
                ``(ii) Eligible partners described.--The eligible 
            partners referred to in clause (i) include--

                    ``(I) a metropolitan planning organization (as 
                defined in section 134(b));
                    ``(II) a unit of local government;
                    ``(III) a regional transportation authority;
                    ``(IV) a special purpose district or public 
                authority with a transportation function, including a 
                port authority;
                    ``(V) an Indian tribe (as defined in section 
                207(m)(1)), including a Native village and a Native 
                Corporation (as those terms are defined in section 3 of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602));
                    ``(VI) a Federal land management agency;
                    ``(VII) a foundation, nongovernmental organization, 
                or institution of higher education;
                    ``(VIII) a Federal, Tribal, regional, or State 
                government entity; and
                    ``(IX) a group of any of the entities described in 
                subclauses (I) through (VIII).

        ``(3) Compliance.--An eligible entity that receives a grant 
    under the pilot program and enters into a partnership described in 
    paragraph (2) shall establish measures to verify that an eligible 
    partner that receives funds from the grant complies with the 
    conditions of the pilot program in using those funds.
    ``(g) Requirement.--The Secretary shall ensure that not less than 
60 percent of the amounts made available for grants under the pilot 
program each fiscal year are for projects located in rural areas.
    ``(h) Annual Report to Congress.--
        ``(1) In general.--Not later than December 31 of each calendar 
    year, the Secretary shall submit to Congress, and make publicly 
    available, a report describing the activities under the pilot 
    program for the fiscal year that ends during that calendar year.
        ``(2) Contents.--The report under paragraph (1) shall include--
            ``(A) a detailed description of the activities carried out 
        under the pilot program;
            ``(B) an evaluation of the effectiveness of the pilot 
        program in meeting the purposes described in subsection (b); 
        and
            ``(C) policy recommendations to improve the effectiveness 
        of the pilot program.
    ``(i) Treatment of Projects.--Notwithstanding any other provision 
of law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under this chapter.''.
        (2) Clerical amendment.--The analysis for chapter 1 of title 
    23, United States Code, is amended by inserting after the item 
    relating to section 170 the following:
``171. Wildlife crossings pilot program.''.

    (c) Wildlife Vehicle Collision Reduction and Habitat Connectivity 
Improvement.--
        (1) In general.--Chapter 1 of title 23, United States Code (as 
    amended by subsection (b)(1)), is amended by adding at the end the 
    following:
``Sec. 172. Wildlife-vehicle collision reduction and habitat 
   connectivity improvement
    ``(a) Study.--
        ``(1) In general.--The Secretary shall conduct a study 
    (referred to in this subsection as the `study') of the state, as of 
    the date of the study, of the practice of methods to reduce 
    collisions between motorists and wildlife (referred to in this 
    section as `wildlife-vehicle collisions').
        ``(2) Contents.--
            ``(A) Areas of study.--The study shall--
                ``(i) update and expand on, as appropriate--

                    ``(I) the report entitled `Wildlife Vehicle 
                Collision Reduction Study: 2008 Report to Congress'; 
                and
                    ``(II) the document entitled `Wildlife Vehicle 
                Collision Reduction Study: Best Practices Manual' and 
                dated October 2008; and

                ``(ii) include--

                    ``(I) an assessment, as of the date of the study, 
                of--

                        ``(aa) the causes of wildlife-vehicle 
                    collisions;
                        ``(bb) the impact of wildlife-vehicle 
                    collisions on motorists and wildlife; and
                        ``(cc) the impacts of roads and traffic on 
                    habitat connectivity for terrestrial and aquatic 
                    species; and

                    ``(II) solutions and best practices for--

                        ``(aa) reducing wildlife-vehicle collisions; 
                    and
                        ``(bb) improving habitat connectivity for 
                    terrestrial and aquatic species.
            ``(B) Methods.--In carrying out the study, the Secretary 
        shall--
                ``(i) conduct a thorough review of research and data 
            relating to--

                    ``(I) wildlife-vehicle collisions; and
                    ``(II) habitat fragmentation that results from 
                transportation infrastructure;

                ``(ii) survey current practices of the Department of 
            Transportation and State departments of transportation to 
            reduce wildlife-vehicle collisions; and
                ``(iii) consult with--

                    ``(I) appropriate experts in the field of wildlife-
                vehicle collisions; and
                    ``(II) appropriate experts on the effects of roads 
                and traffic on habitat connectivity for terrestrial and 
                aquatic species.

        ``(3) Report.--
            ``(A) In general.--Not later than 18 months after the date 
        of enactment of the Surface Transportation Reauthorization Act 
        of 2021, the Secretary shall submit to Congress a report on the 
        results of the study.
            ``(B) Contents.--The report under subparagraph (A) shall 
        include--
                ``(i) a description of--

                    ``(I) the causes of wildlife-vehicle collisions;
                    ``(II) the impacts of wildlife-vehicle collisions; 
                and
                    ``(III) the impacts of roads and traffic on--

                        ``(aa) species listed as threatened species or 
                    endangered species under the Endangered Species Act 
                    of 1973 (16 U.S.C. 1531 et seq.);
                        ``(bb) species identified by States as species 
                    of greatest conservation need;
                        ``(cc) species identified in State wildlife 
                    plans; and
                        ``(dd) medium and small terrestrial and aquatic 
                    species;
                ``(ii) an economic evaluation of the costs and benefits 
            of installing highway infrastructure and other measures to 
            mitigate damage to terrestrial and aquatic species, 
            including the effect on jobs, property values, and economic 
            growth to society, adjacent communities, and landowners;
                ``(iii) recommendations for preventing wildlife-vehicle 
            collisions, including recommended best practices, funding 
            resources, or other recommendations for addressing 
            wildlife-vehicle collisions; and
                ``(iv) guidance, developed in consultation with Federal 
            land management agencies and State departments of 
            transportation, State fish and wildlife agencies, and 
            Tribal governments that agree to participate, for 
            developing, for each State that agrees to participate, a 
            voluntary joint statewide transportation and wildlife 
            action plan--

                    ``(I) to address wildlife-vehicle collisions; and
                    ``(II) to improve habitat connectivity for 
                terrestrial and aquatic species.

    ``(b) Workforce Development and Technical Training.--
        ``(1) In general.--Not later than 3 years after the date of 
    enactment of the Surface Transportation Reauthorization Act of 
    2021, the Secretary shall, based on the study conducted under 
    subsection (a), develop a series of in-person and online workforce 
    development and technical training courses--
            ``(A) to reduce wildlife-vehicle collisions; and
            ``(B) to improve habitat connectivity for terrestrial and 
        aquatic species.
        ``(2) Availability.--The Secretary shall--
            ``(A) make the series of courses developed under paragraph 
        (1) available for transportation and fish and wildlife 
        professionals; and
            ``(B) update the series of courses not less frequently than 
        once every 2 years.
    ``(c) Standardization of Wildlife Collision and Carcass Data.--
        ``(1) Standardized methodology.--
            ``(A) In general.--The Secretary, acting through the 
        Administrator of the Federal Highway Administration (referred 
        to in this subsection as the `Secretary'), shall develop a 
        quality standardized methodology for collecting and reporting 
        spatially accurate wildlife collision and carcass data for the 
        National Highway System, considering the practicability of the 
        methodology with respect to technology and cost.
            ``(B) Methodology.--In developing the standardized 
        methodology under subparagraph (A), the Secretary shall--
                ``(i) survey existing methodologies and sources of data 
            collection, including the Fatality Analysis Reporting 
            System, the General Estimates System of the National 
            Automotive Sampling System, and the Highway Safety 
            Information System; and
                ``(ii) to the extent practicable, identify and correct 
            limitations of those existing methodologies and sources of 
            data collection.
            ``(C) Consultation.--In developing the standardized 
        methodology under subparagraph (A), the Secretary shall consult 
        with--
                ``(i) the Secretary of the Interior;
                ``(ii) the Secretary of Agriculture, acting through the 
            Chief of the Forest Service;
                ``(iii) Tribal, State, and local transportation and 
            wildlife authorities;
                ``(iv) metropolitan planning organizations (as defined 
            in section 134(b));
                ``(v) members of the American Association of State 
            Highway Transportation Officials;
                ``(vi) members of the Association of Fish and Wildlife 
            Agencies;
                ``(vii) experts in the field of wildlife-vehicle 
            collisions;
                ``(viii) nongovernmental organizations; and
                ``(ix) other interested stakeholders, as appropriate.
        ``(2) Standardized national data system with voluntary template 
    implementation.--The Secretary shall--
            ``(A) develop a template for State implementation of a 
        standardized national wildlife collision and carcass data 
        system for the National Highway System that is based on the 
        standardized methodology developed under paragraph (1); and
            ``(B) encourage the voluntary implementation of the 
        template developed under subparagraph (A).
        ``(3) Reports.--
            ``(A) Methodology.--The Secretary shall submit to Congress 
        a report describing the standardized methodology developed 
        under paragraph (1) not later than the later of--
                ``(i) the date that is 18 months after the date of 
            enactment of the Surface Transportation Reauthorization Act 
            of 2021; and
                ``(ii) the date that is 180 days after the date on 
            which the Secretary completes the development of the 
            standardized methodology.
            ``(B) Implementation.--Not later than 4 years after the 
        date of enactment of the Surface Transportation Reauthorization 
        Act of 2021, the Secretary shall submit to Congress a report 
        describing--
                ``(i) the status of the voluntary implementation of the 
            standardized methodology developed under paragraph (1) and 
            the template developed under paragraph (2)(A);
                ``(ii) whether the implementation of the standardized 
            methodology developed under paragraph (1) and the template 
            developed under paragraph (2)(A) has impacted efforts by 
            States, units of local government, and other entities--

                    ``(I) to reduce the number of wildlife-vehicle 
                collisions; and
                    ``(II) to improve habitat connectivity;

                ``(iii) the degree of the impact described in clause 
            (ii); and
                ``(iv) the recommendations of the Secretary, including 
            recommendations for further study aimed at reducing 
            motorist collisions involving wildlife and improving 
            habitat connectivity for terrestrial and aquatic species on 
            the National Highway System, if any.
    ``(d) National Threshold Guidance.--The Secretary shall--
        ``(1) establish guidance, to be carried out by States on a 
    voluntary basis, that contains a threshold for determining whether 
    a highway shall be evaluated for potential mitigation measures to 
    reduce wildlife-vehicle collisions and increase habitat 
    connectivity for terrestrial and aquatic species, taking into 
    consideration--
            ``(A) the number of wildlife-vehicle collisions on the 
        highway that pose a human safety risk;
            ``(B) highway-related mortality and the effects of traffic 
        on the highway on--
                ``(i) species listed as endangered species or 
            threatened species under the Endangered Species Act of 1973 
            (16 U.S.C. 1531 et seq.);
                ``(ii) species identified by a State as species of 
            greatest conservation need;
                ``(iii) species identified in State wildlife plans; and
                ``(iv) medium and small terrestrial and aquatic 
            species; and
            ``(C) habitat connectivity values for terrestrial and 
        aquatic species and the barrier effect of the highway on the 
        movements and migrations of those species.''.
        (2) Clerical amendment.--The analysis for chapter 1 of title 
    23, United States Code (as amended by subsection (b)(2)) is amended 
    by inserting after the item relating to section 171 the following:
``172. Wildlife-vehicle collision reduction and habitat connectivity 
          improvement.''.

    (d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23, 
United States Code, is amended--
        (1) in subparagraph (E), by striking ``and'' at the end;
        (2) by redesignating subparagraph (F) as subparagraph (G); and
        (3) by inserting after subparagraph (E) the following:
            ``(F) the publication of the Federal Highway Administration 
        entitled `Wildlife Crossing Structure Handbook: Design and 
        Evaluation in North America' and dated March 2011; and''.
    (e) Wildlife Habitat Connectivity and National Bridge and Tunnel 
Inventory and Inspection Standards.--Section 144 of title 23, United 
States Code, is amended--
        (1) in subsection (a)(2)--
            (A) in subparagraph (B), by inserting ``, resilience,'' 
        after ``safety'';
            (B) in subparagraph (D), by striking ``and'' at the end;
            (C) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (D) by adding at the end the following:
            ``(F) to ensure adequate passage of aquatic and terrestrial 
        species, where appropriate.'';
        (2) in subsection (b)--
            (A) in paragraph (4), by striking ``and'' at the end;
            (B) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(6) determine if the replacement or rehabilitation of bridges 
    and tunnels should include measures to enable safe and unimpeded 
    movement for terrestrial and aquatic species.''; and
        (3) in subsection (i), by adding at the end the following:
        ``(3) Requirement.--The first revision under paragraph (2) 
    after the date of enactment of the Surface Transportation 
    Reauthorization Act of 2021 shall include techniques to assess 
    passage of aquatic and terrestrial species and habitat restoration 
    potential.''.
SEC. 11124. CONSOLIDATION OF PROGRAMS.
    Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129 
Stat. 1423) is amended, in the matter preceding paragraph (1), by 
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal 
years 2022 through 2026''.
SEC. 11125. GAO REPORT.
    (a) In General.--Section 1433 of the FAST Act (23 U.S.C. 101 note; 
Public Law 114-94) is repealed.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking 
the item relating to section 1433.
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
    Section 165 of title 23, United States Code, is amended--
        (1) in subsection (a), by striking paragraphs (1) and (2) and 
    inserting the following:
        ``(1) for the Puerto Rico highway program under subsection 
    (b)--
            ``(A) $173,010,000 shall be for fiscal year 2022;
            ``(B) $176,960,000 shall be for fiscal year 2023;
            ``(C) $180,120,000 shall be for fiscal year 2024;
            ``(D) $183,675,000 shall be for fiscal year 2025; and
            ``(E) $187,230,000 shall be for fiscal year 2026; and
        ``(2) for the territorial highway program under subsection 
    (c)--
            ``(A) $45,990,000 shall be for fiscal year 2022;
            ``(B) $47,040,000 shall be for fiscal year 2023;
            ``(C) $47,880,000 shall be for fiscal year 2024;
            ``(D) $48,825,000 shall be for fiscal year 2025; and
            ``(E) $49,770,000 shall be for fiscal year 2026.'';
        (2) in subsection (b)(2)(C)(iii), by inserting ``and 
    preventative maintenance on the National Highway System'' after 
    ``chapter 1''; and
        (3) in subsection (c)(7), by striking ``paragraphs (1) through 
    (4) of section 133(c) and section 133(b)(12)'' and inserting 
    ``paragraphs (1), (2), (3), and (5) of section 133(c) and section 
    133(b)(13)''.
SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS 
PROGRAM.
    Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-
94) is amended--
        (1) in subsection (c)(3), by striking ``$25,000,000'' and all 
    that follows through the period at the end and inserting 
    ``$12,500,000.'';
        (2) in subsection (g)--
            (A) by striking the subsection designation and heading and 
        all that follows through ``The Federal'' in paragraph (1) and 
        inserting the following:
    ``(g) Cost Share.--
        ``(1) Federal share.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the Federal'';
            (B) in paragraph (1), by adding at the end the following:
            ``(B) Tribal projects.--In the case of a project on a 
        tribal transportation facility (as defined in section 101(a) of 
        title 23, United States Code), the Federal share of the cost of 
        the project shall be 100 percent.''; and
            (C) in paragraph (2), by striking ``other than those made 
        available under title 23 or title 49, United States Code,''; 
        and
        (3) by striking subsection (h) and inserting the following:
    ``(h) Use of Funds.--
        ``(1) In general.--For each fiscal year, of the amounts made 
    available to carry out this section--
            ``(A) 50 percent shall be used for eligible projects on 
        Federal lands transportation facilities and Federal lands 
        access transportation facilities (as those terms are defined in 
        section 101(a) of title 23, United States Code); and
            ``(B) 50 percent shall be used for eligible projects on 
        tribal transportation facilities (as defined in section 101(a) 
        of title 23, United States Code).
        ``(2) Requirement.--Not less than 1 eligible project carried 
    out using the amount described in paragraph (1)(A) shall be in a 
    unit of the National Park System with not less than 3,000,000 
    annual visitors.
        ``(3) Availability.--Amounts made available to carry out this 
    section shall remain available for a period of 3 fiscal years 
    following the fiscal year for which the amounts are 
    appropriated.''.
SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
    Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141) 
is amended--
        (1) by redesignating paragraph (2) as paragraph (3);
        (2) in paragraph (3) (as so redesignated), in the matter 
    preceding subparagraph (A), by striking ``paragraph (1)'' and 
    inserting ``paragraphs (1) and (2)''; and
        (3) by striking the subsection designation and heading and all 
    that follows through the period at the end of paragraph (1) and 
    inserting the following:
    ``(h) Funding.--
        ``(1) Set-aside.--For each of fiscal years 2022 through 2026, 
    of the amounts made available to carry out the tribal 
    transportation program under section 202 of title 23, United States 
    Code, for that fiscal year, the Secretary shall use $9,000,000 to 
    carry out the program.
        ``(2) Authorization of appropriations.--In addition to amounts 
    made available under paragraph (1), there is authorized to be 
    appropriated $30,000,000 out of the general fund of the Treasury to 
    carry out the program for each of fiscal years 2022 through 
    2026.''.
SEC. 11129. STANDARDS.
    Section 109 of title 23, United States Code, is amended--
        (1) in subsection (d)--
            (A) by striking ``(d) On any'' and inserting the following:
    ``(d) Manual on Uniform Traffic Control Devices.--
        ``(1) In general.--On any'';
            (B) in paragraph (1) (as so designated), by striking 
        ``promote the safe'' and inserting ``promote the safety, 
        inclusion, and mobility of all users''; and
            (C) by adding at the end the following:
        ``(2) Updates.--Not later than 18 months after the date of 
    enactment of the Surface Transportation Reauthorization Act of 2021 
    and not less frequently than every 4 years thereafter, the 
    Secretary shall update the Manual on Uniform Traffic Control 
    Devices.'';
        (2) in subsection (o)--
            (A) by striking ``Projects'' and inserting:
            ``(A) In general.--Projects''; and
            (B) by inserting at the end the following:
            ``(B) Local jurisdictions.--Notwithstanding subparagraph 
        (A), a local jurisdiction may use a roadway design guide 
        recognized by the Federal Highway Administration and adopted by 
        the local jurisdiction that is different from the roadway 
        design guide used by the State in which the local jurisdiction 
        is located for the design of projects on all roadways under the 
        ownership of the local jurisdiction (other than a highway on 
        the National Highway System) for which the local jurisdiction 
        is the project sponsor, provided that the design complies with 
        all other applicable Federal laws.''; and
        (3) by adding at the end the following:
    ``(s) Electric Vehicle Charging Stations.--
        ``(1) Standards.--Electric vehicle charging infrastructure 
    installed using funds provided under this title shall provide, at a 
    minimum--
            ``(A) non-proprietary charging connectors that meet 
        applicable industry safety standards; and
            ``(B) open access to payment methods that are available to 
        all members of the public to ensure secure, convenient, and 
        equal access to the electric vehicle charging infrastructure 
        that shall not be limited by membership to a particular payment 
        provider.
        ``(2) Treatment of projects.--Notwithstanding any other 
    provision of law, a project to install electric vehicle charging 
    infrastructure using funds provided under this title shall be 
    treated as if the project is located on a Federal-aid highway.''.
SEC. 11130. PUBLIC TRANSPORTATION.
    (a) In General.--Section 142(a) of title 23, United States Code, is 
amended by adding at the end the following:
        ``(3) Bus corridors.--In addition to the projects described in 
    paragraphs (1) and (2), the Secretary may approve payment from sums 
    apportioned under paragraph (2) or (7) of section 104(b) for 
    carrying out a capital project for the construction of a bus rapid 
    transit corridor or dedicated bus lanes, including the construction 
    or installation of--
            ``(A) traffic signaling and prioritization systems;
            ``(B) redesigned intersections that are necessary for the 
        establishment of a bus rapid transit corridor;
            ``(C) on-street stations;
            ``(D) fare collection systems;
            ``(E) information and wayfinding systems; and
            ``(F) depots.''.
    (b) Technical Correction.--Section 142 of title 23, United States 
Code, is amended by striking subsection (i).
SEC. 11131. RESERVATION OF CERTAIN FUNDS.
    (a) Open Container Requirements.--Section 154(c)(2) of title 23, 
United States Code, is amended--
        (1) in the paragraph heading, by striking ``2012'' and 
    inserting ``2022'';
        (2) by striking subparagraph (A) and inserting the following:
            ``(A) Reservation of funds.--
                ``(i) In general.--On October 1, 2021, and each October 
            1 thereafter, in the case of a State described in clause 
            (ii), the Secretary shall reserve an amount equal to 2.5 
            percent of the funds to be apportioned to the State on that 
            date under each of paragraphs (1) and (2) of section 104(b) 
            until the State certifies to the Secretary the means by 
            which the State will use those reserved funds in accordance 
            with subparagraphs (A) and (B) of paragraph (1), and 
            paragraph (3).
                ``(ii) States described.--A State referred to in clause 
            (i) is a State--

                    ``(I) that has not enacted or is not enforcing an 
                open container law described in subsection (b); and
                    ``(II) for which the Secretary determined for the 
                prior fiscal year that the State had not enacted or was 
                not enforcing an open container law described in 
                subsection (b).''; and

        (3) in subparagraph (B), in the matter preceding clause (i), by 
    striking ``subparagraph (A)'' and inserting ``subparagraph 
    (A)(i)''.
    (b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23, 
United States Code, is amended--
        (1) in the paragraph heading, by striking ``2012'' and 
    inserting ``2022'';
        (2) by striking subparagraph (A) and inserting the following:
            ``(A) Reservation of funds.--
                ``(i) In general.--On October 1, 2021, and each October 
            1 thereafter, in the case of a State described in clause 
            (ii), the Secretary shall reserve an amount equal to 2.5 
            percent of the funds to be apportioned to the State on that 
            date under each of paragraphs (1) and (2) of section 104(b) 
            until the State certifies to the Secretary the means by 
            which the State will use those reserved funds in accordance 
            with subparagraphs (A) and (B) of paragraph (1), and 
            paragraph (3).
                ``(ii) States described.--A State referred to in clause 
            (i) is a State--

                    ``(I) that has not enacted or is not enforcing a 
                repeat intoxicated driver law; and
                    ``(II) for which the Secretary determined for the 
                prior fiscal year that the State had not enacted or was 
                not enforcing a repeat intoxicated driver law.''; and

        (3) in subparagraph (B), in the matter preceding clause (i), by 
    striking ``subparagraph (A)'' and inserting ``subparagraph 
    (A)(i)''.
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.
    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11123(c)(1)), is amended by adding at the end the 
following:
``Sec. 173. Rural surface transportation grant program
    ``(a) Definitions.--In this section:
        ``(1) Program.--The term `program' means the program 
    established under subsection (b)(1).
        ``(2) Rural area.--The term `rural area' means an area that is 
    outside an urbanized area with a population of over 200,000.
    ``(b) Establishment.--
        ``(1) In general.--The Secretary shall establish a rural 
    surface transportation grant program to provide grants, on a 
    competitive basis, to eligible entities to improve and expand the 
    surface transportation infrastructure in rural areas.
        ``(2) Goals.--The goals of the program shall be--
            ``(A) to increase connectivity;
            ``(B) to improve the safety and reliability of the movement 
        of people and freight; and
            ``(C) to generate regional economic growth and improve 
        quality of life.
        ``(3) Grant administration.--The Secretary may--
            ``(A) retain not more than a total of 2 percent of the 
        funds made available to carry out the program and to review 
        applications for grants under the program; and
            ``(B) transfer portions of the funds retained under 
        subparagraph (A) to the relevant Administrators to fund the 
        award and oversight of grants provided under the program.
    ``(c) Eligible Entities.--The Secretary may make a grant under the 
program to--
        ``(1) a State;
        ``(2) a regional transportation planning organization;
        ``(3) a unit of local government;
        ``(4) a Tribal government or a consortium of Tribal 
    governments; and
        ``(5) a multijurisdictional group of entities described in 
    paragraphs (1) through (4).
    ``(d) Applications.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Secretary an 
application in such form, at such time, and containing such information 
as the Secretary may require.
    ``(e) Eligible Projects.--
        ``(1) In general.--Except as provided in paragraph (2), the 
    Secretary may make a grant under the program only for a project 
    that is--
            ``(A) a highway, bridge, or tunnel project eligible under 
        section 119(d);
            ``(B) a highway, bridge, or tunnel project eligible under 
        section 133(b);
            ``(C) a project eligible under section 202(a);
            ``(D) a highway freight project eligible under section 
        167(h)(5);
            ``(E) a highway safety improvement project, including a 
        project to improve a high risk rural road (as those terms are 
        defined in section 148(a));
            ``(F) a project on a publicly-owned highway or bridge that 
        provides or increases access to an agricultural, commercial, 
        energy, or intermodal facility that supports the economy of a 
        rural area; or
            ``(G) a project to develop, establish, or maintain an 
        integrated mobility management system, a transportation demand 
        management system, or on-demand mobility services.
        ``(2) Bundling of eligible projects.--
            ``(A) In general.--An eligible entity may bundle 2 or more 
        similar eligible projects under the program that are--
                ``(i) included as a bundled project in a statewide 
            transportation improvement program under section 135; and
                ``(ii) awarded to a single contractor or consultant 
            pursuant to a contract for engineering and design or 
            construction between the contractor and the eligible 
            entity.
            ``(B) Itemization.--Notwithstanding any other provision of 
        law (including regulations), a bundling of eligible projects 
        under this paragraph may be considered to be a single project, 
        including for purposes of section 135.
    ``(f) Eligible Project Costs.--An eligible entity may use funds 
from a grant under the program for--
        ``(1) development phase activities, including planning, 
    feasibility analysis, revenue forecasting, environmental review, 
    preliminary engineering and design work, and other preconstruction 
    activities; and
        ``(2) construction, reconstruction, rehabilitation, acquisition 
    of real property (including land related to the project and 
    improvements to the land), environmental mitigation, construction 
    contingencies, acquisition of equipment, and operational 
    improvements.
    ``(g) Project Requirements.--The Secretary may provide a grant 
under the program to an eligible project only if the Secretary 
determines that the project--
        ``(1) will generate regional economic, mobility, or safety 
    benefits;
        ``(2) will be cost effective;
        ``(3) will contribute to the accomplishment of 1 or more of the 
    national goals under section 150;
        ``(4) is based on the results of preliminary engineering; and
        ``(5) is reasonably expected to begin construction not later 
    than 18 months after the date of obligation of funds for the 
    project.
    ``(h) Additional Considerations.--In providing grants under the 
program, the Secretary shall consider the extent to which an eligible 
project will--
        ``(1) improve the state of good repair of existing highway, 
    bridge, and tunnel facilities;
        ``(2) increase the capacity or connectivity of the surface 
    transportation system and improve mobility for residents of rural 
    areas;
        ``(3) address economic development and job creation challenges, 
    including energy sector job losses in energy communities as 
    identified in the report released in April 2021 by the interagency 
    working group established by section 218 of Executive Order 14008 
    (86 Fed. Reg. 7628 (February 1, 2021));
        ``(4) enhance recreational and tourism opportunities by 
    providing access to Federal land, national parks, national forests, 
    national recreation areas, national wildlife refuges, wilderness 
    areas, or State parks;
        ``(5) contribute to geographic diversity among grant 
    recipients;
        ``(6) utilize innovative project delivery approaches or 
    incorporate transportation technologies;
        ``(7) coordinate with projects to address broadband 
    infrastructure needs; or
        ``(8) improve access to emergency care, essential services, 
    healthcare providers, or drug and alcohol treatment and 
    rehabilitation resources.
    ``(i) Grant Amount.--Except as provided in subsection (k)(1), a 
grant under the program shall be in an amount that is not less than 
$25,000,000.
    ``(j) Federal Share.--
        ``(1) In general.--Except as provided in paragraph (2), the 
    Federal share of the cost of a project carried out with a grant 
    under the program may not exceed 80 percent.
        ``(2) Federal share for certain projects.--The Federal share of 
    the cost of an eligible project that furthers the completion of a 
    designated segment of the Appalachian Development Highway System 
    under section 14501 of title 40, or addresses a surface 
    transportation infrastructure need identified for the Denali access 
    system program under section 309 of the Denali Commission Act of 
    1998 (42 U.S.C. 3121 note; Public Law 105-277) shall be up to 100 
    percent, as determined by the State.
        ``(3) Use of other federal assistance.--Federal assistance 
    other than a grant under the program may be used to satisfy the 
    non-Federal share of the cost of a project carried out with a grant 
    under the program.
    ``(k) Set Asides.--
        ``(1) Small projects.--The Secretary shall use not more than 10 
    percent of the amounts made available for the program for each 
    fiscal year to provide grants for eligible projects in an amount 
    that is less than $25,000,000.
        ``(2) Appalachian development highway system.--The Secretary 
    shall reserve 25 percent of the amounts made available for the 
    program for each fiscal year for eligible projects that further the 
    completion of designated routes of the Appalachian Development 
    Highway System under section 14501 of title 40.
        ``(3) Rural roadway lane departures.--The Secretary shall 
    reserve 15 percent of the amounts made available for the program 
    for each fiscal year to provide grants for eligible projects 
    located in States that have rural roadway fatalities as a result of 
    lane departures that are greater than the average of rural roadway 
    fatalities as a result of lane departures in the United States, 
    based on the latest available data from the Secretary.
        ``(4) Excess funding.--In any fiscal year in which qualified 
    applications for grants under this subsection do not allow for the 
    amounts reserved under paragraphs (1), (2), or (3) to be fully 
    utilized, the Secretary shall use the unutilized amounts to make 
    other grants under the program.
    ``(l) Congressional Review.--
        ``(1) Notification.--Not less than 60 days before providing a 
    grant under the program, the Secretary shall submit to the 
    Committee on Environment and Public Works of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives--
            ``(A) a list of all applications determined to be eligible 
        for a grant by the Secretary;
            ``(B) each application proposed to be selected for a grant, 
        including a justification for the selection; and
            ``(C) proposed grant amounts.
        ``(2) Committee review.--Before the last day of the 60-day 
    period described in paragraph (1), each Committee described in 
    paragraph (1) shall review the list of proposed projects submitted 
    by the Secretary.
        ``(3) Congressional disapproval.--The Secretary may not make a 
    grant or any other obligation or commitment to fund a project under 
    the program if a joint resolution is enacted disapproving funding 
    for the project before the last day of the 60-day period described 
    in paragraph (1).
    ``(m) Transparency.--
        ``(1) In general.--Not later than 30 days after providing a 
    grant for a project under the program, the Secretary shall provide 
    to all applicants, and publish on the website of the Department of 
    Transportation, the information described in subsection (l)(1).
        ``(2) Briefing.--The Secretary shall provide, on the request of 
    an eligible entity, the opportunity to receive a briefing to 
    explain any reasons the eligible entity was not selected to receive 
    a grant under the program.
    ``(n) Reports.--
        ``(1) Annual report.--The Secretary shall make available on the 
    website of the Department of Transportation at the end of each 
    fiscal year an annual report that lists each project for which a 
    grant has been provided under the program during that fiscal year.
        ``(2) Comptroller general.--
            ``(A) Assessment.--The Comptroller General of the United 
        States shall conduct an assessment of the administrative 
        establishment, solicitation, selection, and justification 
        process with respect to the awarding of grants under the 
        program for each fiscal year.
            ``(B) Report.--Each fiscal year, the Comptroller General 
        shall submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report that 
        describes, for the fiscal year--
                ``(i) the adequacy and fairness of the process by which 
            each project was selected, if applicable; and
                ``(ii) the justification and criteria used for the 
            selection of each project, if applicable.
    ``(o) Treatment of Projects.--Notwithstanding any other provision 
of law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under this chapter.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11123(c)(2)), is amended by 
inserting after the item relating to section 172 the following:
``173. Rural surface transportation grant program.''.
SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
    Section 217 of title 23, United States Code, is amended--
        (1) in subsection (a)--
            (A) by striking ``pedestrian walkways and bicycle'' and 
        inserting ``pedestrian walkways and bicycle and shared 
        micromobility''; and
            (B) by striking ``safe bicycle use'' and inserting ``safe 
        access for bicyclists and pedestrians'';
        (2) in subsection (d), by striking ``a position'' and inserting 
    ``up to 2 positions'';
        (3) in subsection (e), by striking ``bicycles'' each place it 
    appears and inserting ``pedestrians or bicyclists'';
        (4) in subsection (f), by striking ``and a bicycle'' and 
    inserting ``or a bicycle or shared micromobility''; and
        (5) in subsection (j), by striking paragraph (2) and inserting 
    the following:
        ``(2) Electric bicycle.--
            ``(A) In general.--The term `electric bicycle' means a 
        bicycle--
                ``(i) equipped with fully operable pedals, a saddle or 
            seat for the rider, and an electric motor of less than 750 
            watts;
                ``(ii) that can safely share a bicycle transportation 
            facility with other users of such facility; and
                ``(iii) that is a class 1 electric bicycle, class 2 
            electric bicycle, or class 3 electric bicycle.
            ``(B) Classes of electric bicycles.--
                ``(i) Class 1 electric bicycle.--For purposes of 
            subparagraph (A)(iii), the term `class 1 electric bicycle' 
            means an electric bicycle, other than a class 3 electric 
            bicycle, equipped with a motor that--

                    ``(I) provides assistance only when the rider is 
                pedaling; and
                    ``(II) ceases to provide assistance when the speed 
                of the bicycle reaches or exceeds 20 miles per hour.

                ``(ii) Class 2 electric bicycle.--For purposes of 
            subparagraph (A)(iii), the term `class 2 electric bicycle' 
            means an electric bicycle equipped with a motor that--

                    ``(I) may be used exclusively to propel the 
                bicycle; and
                    ``(II) is not capable of providing assistance when 
                the speed of the bicycle reaches or exceeds 20 miles 
                per hour.

                ``(iii) Class 3 electric bicycle.--For purposes of 
            subparagraph (A)(iii), the term `class 3 electric bicycle' 
            means an electric bicycle equipped with a motor that--

                    ``(I) provides assistance only when the rider is 
                pedaling; and
                    ``(II) ceases to provide assistance when the speed 
                of the bicycle reaches or exceeds 28 miles per hour.''.

SEC. 11134. RECREATIONAL TRAILS PROGRAM.
    Section 206 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(j) Use of Other Apportioned Funds.--Funds apportioned to a State 
under section 104(b) that are obligated for a recreational trail or a 
related project shall be administered as if the funds were made 
available to carry out this section.''.
SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
    In carrying out the first update to the Manual on Uniform Traffic 
Control Devices under section 109(d)(2) of title 23, United States 
Code, to the greatest extent practicable, the Secretary shall include 
updates necessary to provide for--
        (1) the protection of vulnerable road users (as defined in 
    section 148(a) of title 23, United States Code);
        (2) supporting the safe testing of automated vehicle technology 
    and any preparation necessary for the safe integration of automated 
    vehicles onto public streets;
        (3) appropriate use of variable message signs to enhance public 
    safety;
        (4) the minimum retroreflectivity of traffic control devices 
    and pavement markings; and
        (5) any additional recommendations made by the National 
    Committee on Uniform Traffic Control Devices that have not been 
    incorporated into the Manual on Uniform Traffic Control Devices.

            Subtitle B--Planning and Performance Management

SEC. 11201. TRANSPORTATION PLANNING.
    (a) Metropolitan Transportation Planning.--Section 134 of title 23, 
United States Code, is amended--
        (1) in subsection (d)--
            (A) in paragraph (3), by adding at the end the following:
            ``(D) Considerations.--In designating officials or 
        representatives under paragraph (2) for the first time, subject 
        to the bylaws or enabling statute of the metropolitan planning 
        organization, the metropolitan planning organization shall 
        consider the equitable and proportional representation of the 
        population of the metropolitan planning area.''; and
            (B) in paragraph (7)--
                (i) by striking ``an existing metropolitan planning 
            area'' and inserting ``an existing urbanized area (as 
            defined by the Bureau of the Census)''; and
                (ii) by striking ``the existing metropolitan planning 
            area'' and inserting ``the area'';
        (2) in subsection (g)--
            (A) in paragraph (1), by striking ``a metropolitan area'' 
        and inserting ``an urbanized area (as defined by the Bureau of 
        the Census)''; and
            (B) by adding at the end the following:
        ``(4) Coordination between MPOs.--If more than 1 metropolitan 
    planning organization is designated within an urbanized area (as 
    defined by the Bureau of the Census) under subsection (d)(7), the 
    metropolitan planning organizations designated within the area 
    shall ensure, to the maximum extent practicable, the consistency of 
    any data used in the planning process, including information used 
    in forecasting travel demand.
        ``(5) Savings clause.--Nothing in this subsection requires 
    metropolitan planning organizations designated within a single 
    urbanized area to jointly develop planning documents, including a 
    unified long-range transportation plan or unified TIP.'';
        (3) in subsection (i)(6), by adding at the end the following:
            ``(D) Use of technology.--A metropolitan planning 
        organization may use social media and other web-based tools--
                ``(i) to further encourage public participation; and
                ``(ii) to solicit public feedback during the 
            transportation planning process.''; and
        (4) in subsection (p), by striking ``paragraphs (5)(D) and (6) 
    of section 104(b) of this title'' and inserting ``section 
    104(b)(6)''.
    (b) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(f)(3) of title 23, United States Code, is amended by adding at the 
end the following:
            ``(C) Use of technology.--A State may use social media and 
        other web-based tools--
                ``(i) to further encourage public participation; and
                ``(ii) to solicit public feedback during the 
            transportation planning process.''.
    (c) Conforming Amendment.--Section 135(i) of title 23, United 
States Code, is amended by striking ``paragraphs (5)(D) and (6) of 
section 104(b) of this title'' and inserting ``section 104(b)(6)''.
    (d) Housing Coordination.--Section 134 of title 23, United States 
Code, is amended--
        (1) in subsection (a)(1), by inserting ``better connect housing 
    and employment,'' after ``urbanized areas'';
        (2) in subsection (g)(3)(A), by inserting ``housing,'' after 
    ``economic development,'';
        (3) in subsection (h)(1)(E), by inserting ``, housing,'' after 
    ``growth'';
        (4) in subsection (i)--
            (A) in paragraph (4)(B)--
                (i) by redesignating clauses (iii) through (vi) as 
            clauses (iv) through (vii), respectively; and
                (ii) by inserting after clause (ii) the following:
                ``(iii) assumed distribution of population and 
            housing;''; and
            (B) in paragraph (6)(A), by inserting ``affordable housing 
        organizations,'' after ``disabled,''; and
        (5) in subsection (k)--
            (A) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (B) by inserting after paragraph (3) the following:
        ``(4) Housing coordination process.--
            ``(A) In general.--Within a metropolitan planning area 
        serving a transportation management area, the transportation 
        planning process under this section may address the integration 
        of housing, transportation, and economic development strategies 
        through a process that provides for effective integration, 
        based on a cooperatively developed and implemented strategy, of 
        new and existing transportation facilities eligible for funding 
        under this title and chapter 53 of title 49.
            ``(B) Coordination in integrated planning process.--In 
        carrying out the process described in subparagraph (A), a 
        metropolitan planning organization may--
                ``(i) consult with--

                    ``(I) State and local entities responsible for land 
                use, economic development, housing, management of road 
                networks, or public transportation; and
                    ``(II) other appropriate public or private 
                entities; and

                ``(ii) coordinate, to the extent practicable, with 
            applicable State and local entities to align the goals of 
            the process with the goals of any comprehensive housing 
            affordability strategies established within the 
            metropolitan planning area pursuant to section 105 of the 
            Cranston-Gonzalez National Affordable Housing Act (42 
            U.S.C. 12705) and plans developed under section 5A of the 
            United States Housing Act of 1937 (42 U.S.C. 1437c-1).
            ``(C) Housing coordination plan.--
                ``(i) In general.--A metropolitan planning organization 
            serving a transportation management area may develop a 
            housing coordination plan that includes projects and 
            strategies that may be considered in the metropolitan 
            transportation plan of the metropolitan planning 
            organization.
                ``(ii) Contents.--A plan described in clause (i) may--

                    ``(I) develop regional goals for the integration of 
                housing, transportation, and economic development 
                strategies to--

                        ``(aa) better connect housing and employment 
                    while mitigating commuting times;
                        ``(bb) align transportation improvements with 
                    housing needs, such as housing supply shortages, 
                    and proposed housing development;
                        ``(cc) align planning for housing and 
                    transportation to address needs in relationship to 
                    household incomes within the metropolitan planning 
                    area;
                        ``(dd) expand housing and economic development 
                    within the catchment areas of existing 
                    transportation facilities and public transportation 
                    services when appropriate, including higher-density 
                    development, as locally determined;
                        ``(ee) manage effects of growth of vehicle 
                    miles traveled experienced in the metropolitan 
                    planning area related to housing development and 
                    economic development;
                        ``(ff) increase share of households with 
                    sufficient and affordable access to the 
                    transportation networks of the metropolitan 
                    planning area;

                    ``(II) identify the location of existing and 
                planned housing and employment, and transportation 
                options that connect housing and employment; and
                    ``(III) include a comparison of transportation 
                plans to land use management plans, including zoning 
                plans, that may affect road use, public transportation 
                ridership, and housing development.''.

SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.
    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of 
Federal Regulations, to ensure that the outer years of a metropolitan 
transportation plan are defined as ``beyond the first 4 years''.
SEC. 11203. STATE HUMAN CAPITAL PLANS.
    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11132(a)), is amended by adding at the end the 
following:
``Sec. 174. State human capital plans
    ``(a) In General.--Not later than 18 months after the date of 
enactment of this section, the Secretary shall encourage each State to 
develop a voluntary plan, to be known as a `human capital plan', that 
provides for the immediate and long-term personnel and workforce needs 
of the State with respect to the capacity of the State to deliver 
transportation and public infrastructure eligible under this title.
    ``(b) Plan Contents.--
        ``(1) In general.--A human capital plan developed by a State 
    under subsection (a) shall, to the maximum extent practicable, take 
    into consideration--
            ``(A) significant transportation workforce trends, needs, 
        issues, and challenges with respect to the State;
            ``(B) the human capital policies, strategies, and 
        performance measures that will guide the transportation-related 
        workforce investment decisions of the State;
            ``(C) coordination with educational institutions, industry, 
        organized labor, workforce boards, and other agencies or 
        organizations to address the human capital transportation needs 
        of the State;
            ``(D) a workforce planning strategy that identifies current 
        and future human capital needs, including the knowledge, 
        skills, and abilities needed to recruit and retain skilled 
        workers in the transportation industry;
            ``(E) a human capital management strategy that is aligned 
        with the transportation mission, goals, and organizational 
        objectives of the State;
            ``(F) an implementation system for workforce goals focused 
        on addressing continuity of leadership and knowledge sharing 
        across the State;
            ``(G) an implementation system that addresses workforce 
        competency gaps, particularly in mission-critical occupations;
            ``(H) in the case of public-private partnerships or other 
        alternative project delivery methods to carry out the 
        transportation program of the State, a description of workforce 
        needs--
                ``(i) to ensure that the transportation mission, goals, 
            and organizational objectives of the State are fully 
            carried out; and
                ``(ii) to ensure that procurement methods provide the 
            best public value;
            ``(I) a system for analyzing and evaluating the performance 
        of the State department of transportation with respect to all 
        aspects of human capital management policies, programs, and 
        activities; and
            ``(J) the manner in which the plan will improve the ability 
        of the State to meet the national policy in support of 
        performance management established under section 150.
        ``(2) Planning period.--If a State develops a human capital 
    plan under subsection (a), the plan shall address a 5-year forecast 
    period.
    ``(c) Plan Updates.--If a State develops a human capital plan under 
subsection (a), the State shall update the plan not less frequently 
than once every 5 years.
    ``(d) Relationship to Long-range Plan.--
        ``(1) In general.--Subject to paragraph (2), a human capital 
    plan developed by a State under subsection (a) may be developed 
    separately from, or incorporated into, the long-range statewide 
    transportation plan required under section 135.
        ``(2) Effect of section.--Nothing in this section requires a 
    State, or authorizes the Secretary to require a State, to 
    incorporate a human capital plan into the long-range statewide 
    transportation plan required under section 135.
    ``(e) Public Availability.--Each State that develops a human 
capital plan under subsection (a) shall make a copy of the plan 
available to the public in a user-friendly format on the website of the 
State department of transportation.
    ``(f) Savings Provision.--Nothing in this section prevents a State 
from carrying out transportation workforce planning--
        ``(1) not described in this section; or
        ``(2) not in accordance with this section.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11132(b)), is amended by 
inserting after the item relating to section 173 the following:
``174. State human capital plans.''.
SEC. 11204. PRIORITIZATION PROCESS PILOT PROGRAM.
    (a) Definitions.--In this section:
        (1) Eligible entity.--The term ``eligible entity'' means any of 
    the following:
            (A) A metropolitan planning organization that serves an 
        area with a population of over 200,000.
            (B) A State.
        (2) Metropolitan planning organization.--The term 
    ``metropolitan planning organization'' has the meaning given the 
    term in section 134(b) of title 23, United States Code.
        (3) Prioritization process pilot program.--The term 
    ``prioritization process pilot program'' means the pilot program 
    established under subsection (b)(1).
    (b) Establishment.--
        (1) In general.--The Secretary shall establish and solicit 
    applications for a prioritization process pilot program.
        (2) Purpose.--The purpose of the prioritization process pilot 
    program shall be to support data-driven approaches to planning 
    that, on completion, can be evaluated for public benefit.
    (c) Pilot Program Administration.--
        (1) In general.--An eligible entity participating in the 
    prioritization process pilot program shall--
            (A) use priority objectives that are developed--
                (i) in the case of an urbanized area with a population 
            of over 200,000, by the metropolitan planning organization 
            that serves the area, in consultation with the State;
                (ii) in the case of an urbanized area with a population 
            of 200,000 or fewer, by the State in consultation with all 
            metropolitan planning organizations in the State; and
                (iii) through a public process that provides an 
            opportunity for public input;
            (B) assess and score projects and strategies on the basis 
        of--
                (i) the contribution and benefits of the project or 
            strategy to each priority objective developed under 
            subparagraph (A);
                (ii) the cost of the project or strategy relative to 
            the contribution and benefits assessed and scored under 
            clause (i); and
                (iii) public support;
            (C) use the scores assigned under subparagraph (B) to guide 
        project selection in the development of the transportation plan 
        and transportation improvement program; and
            (D) ensure that the public--
                (i) has opportunities to provide public comment on 
            projects before decisions are made on the transportation 
            plan and the transportation improvement program; and
                (ii) has access to clear reasons why each project or 
            strategy was selected or not selected.
        (2) Requirements.--An eligible entity that receives a grant 
    under the prioritization process pilot program shall use the funds 
    as described in each of the following, as applicable:
            (A) Metropolitan transportation planning.--In the case of a 
        metropolitan planning organization that serves an area with a 
        population of over 200,000, the entity shall--
                (i) develop and implement a publicly accessible, 
            transparent prioritization process for the selection of 
            projects for inclusion on the transportation plan for the 
            metropolitan planning area under section 134(i) of title 
            23, United States Code, and section 5303(i) of title 49, 
            United States Code, which shall--

                    (I) include criteria identified by the metropolitan 
                planning organization, which may be weighted to reflect 
                the priority objectives developed under paragraph 
                (1)(A), that the metropolitan planning organization has 
                determined support--

                        (aa) factors described in section 134(h) of 
                    title 23, United States Code, and section 5303(h) 
                    of title 49, United States Code;
                        (bb) targets for national performance measures 
                    under section 150(b) of title 23, United States 
                    Code;
                        (cc) applicable transportation goals in the 
                    metropolitan planning area or State set by the 
                    applicable transportation agency; and
                        (dd) priority objectives developed under 
                    paragraph (1)(A);

                    (II) evaluate the outcomes for each proposed 
                project on the basis of the benefits of the proposed 
                project with respect to each of the criteria described 
                in subclause (I) relative to the cost of the proposed 
                project; and
                    (III) use the evaluation under subclause (II) to 
                create a ranked list of proposed projects; and

                (ii) with respect to the priority list under section 
            134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title 
            49, United States Code, include projects according to the 
            rank of the project under clause (i)(III), except as 
            provided in subparagraph (D).
            (B) Statewide transportation planning.--In the case of a 
        State, the State shall--
                (i) develop and implement a publicly accessible, 
            transparent process for the selection of projects for 
            inclusion on the long-range statewide transportation plan 
            under section 135(f) of title 23, United States Code, which 
            shall--

                    (I) include criteria identified by the State, which 
                may be weighted to reflect statewide priorities, that 
                the State has determined support--

                        (aa) factors described in section 135(d) of 
                    title 23, United States Code, and section 5304(d) 
                    of title 49, United States Code;
                        (bb) national transportation goals under 
                    section 150(b) of title 23, United States Code;
                        (cc) applicable transportation goals in the 
                    State; and
                        (dd) the priority objectives developed under 
                    paragraph (1)(A);

                    (II) evaluate the outcomes for each proposed 
                project on the basis of the benefits of the proposed 
                project with respect to each of the criteria described 
                in subclause (I) relative to the cost of the proposed 
                project; and
                    (III) use the evaluation under subclause (II) to 
                create a ranked list of proposed projects; and

                (ii) with respect to the statewide transportation 
            improvement program under section 135(g) of title 23, 
            United States Code, and section 5304(g) of title 49, United 
            States Code, include projects according to the rank of the 
            project under clause (i)(III), except as provided in 
            subparagraph (D).
            (C) Additional transportation planning.--If the eligible 
        entity has implemented, and has in effect, the requirements 
        under subparagraph (A) or (B), as applicable, the eligible 
        entity may use any remaining funds from a grant provided under 
        the pilot program for any transportation planning purpose.
            (D) Exceptions to priority ranking.--In the case of any 
        project that the eligible entity chooses to include or not 
        include in the transportation improvement program under section 
        134(j) of title 23, United States Code, or the statewide 
        transportation improvement program under section 135(g) of 
        title 23, United States Code, as applicable, in a manner that 
        is contrary to the priority ranking for that project 
        established under subparagraph (A)(i)(III) or (B)(i)(III), the 
        eligible entity shall make publicly available an explanation 
        for the decision, including--
                (i) a review of public comments regarding the project;
                (ii) an evaluation of public support for the project;
                (iii) an assessment of geographic balance of projects 
            of the eligible entity; and
                (iv) the number of projects of the eligible entity in 
            economically distressed areas.
        (3) Maximum amount.--The maximum amount of a grant under the 
    prioritization process pilot program is $2,000,000.
    (d) Applications.--To be eligible to participate in the 
prioritization process pilot program, an eligible entity shall submit 
to the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require.
SEC. 11205. TRAVEL DEMAND DATA AND MODELING.
    (a) Definition of Metropolitan Planning Organization.--In this 
section, the term ``metropolitan planning organization'' has the 
meaning given the term in section 134(b) of title 23, United States 
Code.
    (b) Study.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, and not less frequently than once every 5 
    years thereafter, the Secretary shall carry out a study that--
            (A) gathers travel data and travel demand forecasts from a 
        representative sample of States and metropolitan planning 
        organizations;
            (B) uses the data and forecasts gathered under subparagraph 
        (A) to compare travel demand forecasts with the observed data, 
        including--
                (i) traffic counts;
                (ii) travel mode share and public transit ridership; 
            and
                (iii) vehicle occupancy measures; and
            (C) uses the information described in subparagraphs (A) and 
        (B)--
                (i) to develop best practices or guidance for States 
            and metropolitan planning organizations to use in 
            forecasting travel demand for future investments in 
            transportation improvements;
                (ii) to evaluate the impact of transportation 
            investments, including new roadway capacity, on travel 
            behavior and travel demand, including public transportation 
            ridership, induced highway travel, and congestion;
                (iii) to support more accurate travel demand 
            forecasting by States and metropolitan planning 
            organizations; and
                (iv) to enhance the capacity of States and metropolitan 
            planning organizations--

                    (I) to forecast travel demand; and
                    (II) to track observed travel behavior responses, 
                including induced travel, to changes in transportation 
                capacity, pricing, and land use patterns.

        (2) Secretarial support.--The Secretary shall seek 
    opportunities to support the transportation planning processes 
    under sections 134 and 135 of title 23, United States Code, through 
    the provision of data to States and metropolitan planning 
    organizations to improve the quality of plans, models, and 
    forecasts described in this subsection.
        (3) Evaluation tool.--The Secretary shall develop a publicly 
    available multimodal web-based tool for the purpose of enabling 
    States and metropolitan planning organizations to evaluate the 
    effect of investments in highway and public transportation projects 
    on the use and conditions of all transportation assets within the 
    State or area served by the metropolitan planning organization, as 
    applicable.
SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPORTATION OPTIONS.
    (a) Definition of Complete Streets Standards or Policies.--In this 
section, the term ``Complete Streets standards or policies'' means 
standards or policies that ensure the safe and adequate accommodation 
of all users of the transportation system, including pedestrians, 
bicyclists, public transportation users, children, older individuals, 
individuals with disabilities, motorists, and freight vehicles.
    (b) Funding Requirement.--Notwithstanding any other provision of 
law, each State and metropolitan planning organization shall use to 
carry out 1 or more activities described in subsection (c)--
        (1) in the case of a State, not less than 2.5 percent of the 
    amounts made available to the State to carry out section 505 of 
    title 23, United States Code; and
        (2) in the case of a metropolitan planning organization, not 
    less than 2.5 percent of the amounts made available to the 
    metropolitan planning organization under section 104(d) of title 
    23, United States Code.
    (c) Activities Described.--An activity referred to in subsection 
(b) is an activity to increase safe and accessible options for multiple 
travel modes for people of all ages and abilities, which, if 
permissible under applicable State and local laws, may include--
        (1) adoption of Complete Streets standards or policies;
        (2) development of a Complete Streets prioritization plan that 
    identifies a specific list of Complete Streets projects to improve 
    the safety, mobility, or accessibility of a street;
        (3) development of transportation plans--
            (A) to create a network of active transportation 
        facilities, including sidewalks, bikeways, or pedestrian and 
        bicycle trails, to connect neighborhoods with destinations such 
        as workplaces, schools, residences, businesses, recreation 
        areas, healthcare and child care services, or other community 
        activity centers;
            (B) to integrate active transportation facilities with 
        public transportation service or improve access to public 
        transportation;
            (C) to create multiuse active transportation infrastructure 
        facilities, including bikeways or pedestrian and bicycle 
        trails, that make connections within or between communities;
            (D) to increase public transportation ridership; and
            (E) to improve the safety of bicyclists and pedestrians;
        (4) regional and megaregional planning to address travel demand 
    and capacity constraints through alternatives to new highway 
    capacity, including through intercity passenger rail; and
        (5) development of transportation plans and policies that 
    support transit-oriented development.
    (d) Federal Share.--The Federal share of the cost of an activity 
carried out under this section shall be 80 percent, unless the 
Secretary determines that the interests of the Federal-aid highway 
program would be best served by decreasing or eliminating the non-
Federal share.
    (e) State Flexibility.--A State or metropolitan planning 
organization, with the approval of the Secretary, may opt out of the 
requirements of this section if the State or metropolitan planning 
organization demonstrates to the Secretary, by not later than 30 days 
before the Secretary apportions funds for a fiscal year under section 
104, that the State or metropolitan planning organization--
        (1) has Complete Streets standards and policies in place; and
        (2) has developed an up-to-date Complete Streets prioritization 
    plan as described in subsection (c)(2).

          Subtitle C--Project Delivery and Process Improvement

SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.
    (a) In General.--Section 139 of title 23, United States Code, is 
amended--
        (1) in the section heading, by striking ``decisionmaking'' and 
    inserting ``decisionmaking and One Federal Decision'';
        (2) in subsection (a)--
            (A) by redesignating paragraphs (2) through (8) as 
        paragraphs (4), (5), (6), (8), (9), (10), and (11), 
        respectively;
            (B) by inserting after paragraph (1) the following:
        ``(2) Authorization.--The term `authorization' means any 
    environmental license, permit, approval, finding, or other 
    administrative decision related to the environmental review process 
    that is required under Federal law to site, construct, or 
    reconstruct a project.
        ``(3) Environmental document.--The term `environmental 
    document' includes an environmental assessment, finding of no 
    significant impact, notice of intent, environmental impact 
    statement, or record of decision under the National Environmental 
    Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';
            (C) in subparagraph (B) of paragraph (5) (as so 
        redesignated), by striking ``process for and completion of any 
        environmental permit'' and inserting ``process and schedule, 
        including a timetable for and completion of any environmental 
        permit''; and
            (D) by inserting after paragraph (6) (as so redesignated) 
        the following:
        ``(7) Major project.--
            ``(A) In general.--The term `major project' means a project 
        for which--
                ``(i) multiple permits, approvals, reviews, or studies 
            are required under a Federal law other than the National 
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                ``(ii) the project sponsor has identified the 
            reasonable availability of funds sufficient to complete the 
            project;
                ``(iii) the project is not a covered project (as 
            defined in section 41001 of the FAST Act (42 U.S.C. 
            4370m)); and
                ``(iv)(I) the head of the lead agency has determined 
            that an environmental impact statement is required; or
                ``(II) the head of the lead agency has determined that 
            an environmental assessment is required, and the project 
            sponsor requests that the project be treated as a major 
            project.
            ``(B) Clarification.--In this section, the term `major 
        project' does not have the same meaning as the term `major 
        project' as described in section 106(h).'';
        (3) in subsection (b)(1)--
            (A) by inserting ``, including major projects,'' after 
        ``all projects''; and
            (B) by inserting ``as requested by a project sponsor and'' 
        after ``applied,'';
        (4) in subsection (c)--
            (A) in paragraph (6)--
                (i) in subparagraph (B), by striking ``and'' at the 
            end;
                (ii) in subparagraph (C), by striking the period at the 
            end and inserting ``; and''; and
                (iii) by adding at the end the following:
            ``(D) to calculate annually the average time taken by the 
        lead agency to complete all environmental documents for each 
        project during the previous fiscal year.''; and
            (B) by adding at the end the following:
        ``(7) Process improvements for projects.--
            ``(A) In general.--The Secretary shall review--
                ``(i) existing practices, procedures, rules, 
            regulations, and applicable laws to identify impediments to 
            meeting the requirements applicable to projects under this 
            section; and
                ``(ii) best practices, programmatic agreements, and 
            potential changes to internal departmental procedures that 
            would facilitate an efficient environmental review process 
            for projects.
            ``(B) Consultation.--In conducting the review under 
        subparagraph (A), the Secretary shall consult, as appropriate, 
        with the heads of other Federal agencies that participate in 
        the environmental review process.
            ``(C) Report.--Not later than 2 years after the date of 
        enactment of the Surface Transportation Reauthorization Act of 
        2021, the Secretary shall submit to the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that includes--
                ``(i) the results of the review under subparagraph (A); 
            and
                ``(ii) an analysis of whether additional funding would 
            help the Secretary meet the requirements applicable to 
            projects under this section.'';
        (5) in subsection (d)--
            (A) in paragraph (8)--
                (i) in the paragraph heading, by striking ``NEPA'' and 
            inserting ``environmental'';
                (ii) in subparagraph (A)--

                    (I) by inserting ``and except as provided in 
                subparagraph (D)'' after ``paragraph (7)'';
                    (II) by striking ``permits'' and inserting 
                ``authorizations''; and
                    (III) by striking ``single environment document'' 
                and inserting ``single environmental document for each 
                kind of environmental document'';

                (iii) in subparagraph (B)(i)--

                    (I) by striking ``an environmental document'' and 
                inserting ``environmental documents''; and
                    (II) by striking ``permits issued'' and inserting 
                ``authorizations''; and

                (iv) by adding at the end the following:
            ``(D) Exceptions.--The lead agency may waive the 
        application of subparagraph (A) with respect to a project if--
                ``(i) the project sponsor requests that agencies issue 
            separate environmental documents;
                ``(ii) the obligations of a cooperating agency or 
            participating agency under the National Environmental 
            Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already 
            been satisfied with respect to the project; or
                ``(iii) the lead agency determines that reliance on a 
            single environmental document (as described in subparagraph 
            (A)) would not facilitate timely completion of the 
            environmental review process for the project.''; and
            (B) by adding at the end the following:
        ``(10) Timely authorizations for major projects.--
            ``(A) Deadline.--Except as provided in subparagraph (C), 
        all authorization decisions necessary for the construction of a 
        major project shall be completed by not later than 90 days 
        after the date of the issuance of a record of decision for the 
        major project.
            ``(B) Detail.--The final environmental impact statement for 
        a major project shall include an adequate level of detail to 
        inform decisions necessary for the role of the participating 
        agencies and cooperating agencies in the environmental review 
        process.
            ``(C) Extension of deadline.--The head of the lead agency 
        may extend the deadline under subparagraph (A) if--
                ``(i) Federal law prohibits the lead agency or another 
            agency from issuing an approval or permit within the period 
            described in that subparagraph;
                ``(ii) the project sponsor requests that the permit or 
            approval follow a different timeline; or
                ``(iii) an extension would facilitate completion of the 
            environmental review and authorization process of the major 
            project.'';
        (6) in subsection (g)(1)--
            (A) in subparagraph (B)--
                (i) in clause (ii)(IV), by striking ``schedule for and 
            cost of'' and inserting ``time required by an agency to 
            conduct an environmental review and make decisions under 
            applicable Federal law relating to a project (including the 
            issuance or denial of a permit or license) and the cost 
            of''; and
                (ii) by adding at the end the following:
                ``(iii) Major project schedule.--To the maximum extent 
            practicable and consistent with applicable Federal law, in 
            the case of a major project, the lead agency shall develop, 
            in concurrence with the project sponsor, a schedule for the 
            major project that is consistent with an agency average of 
            not more than 2 years for the completion of the 
            environmental review process for major projects, as 
            measured from, as applicable--

                    ``(I) the date of publication of a notice of intent 
                to prepare an environmental impact statement to the 
                record of decision; or
                    ``(II) the date on which the head of the lead 
                agency determines that an environmental assessment is 
                required to a finding of no significant impact.'';

            (B) by striking subparagraph (D) and inserting the 
        following:
            ``(D) Modification.--
                ``(i) In general.--Except as provided in clause (ii), 
            the lead agency may lengthen or shorten a schedule 
            established under subparagraph (B) for good cause.
                ``(ii) Exceptions.--

                    ``(I) Major projects.--In the case of a major 
                project, the lead agency may lengthen a schedule under 
                clause (i) for a cooperating Federal agency by not more 
                than 1 year after the latest deadline established for 
                the major project by the lead agency.
                    ``(II) Shortened schedules.--The lead agency may 
                not shorten a schedule under clause (i) if doing so 
                would impair the ability of a cooperating Federal 
                agency to conduct necessary analyses or otherwise carry 
                out relevant obligations of the Federal agency for the 
                project.'';

            (C) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (D) by inserting after subparagraph (D) the following:
            ``(E) Failure to meet deadline.--If a cooperating Federal 
        agency fails to meet a deadline established under subparagraph 
        (D)(ii)(I)--
                ``(i) the cooperating Federal agency shall submit to 
            the Secretary a report that describes the reasons why the 
            deadline was not met; and
                ``(ii) the Secretary shall--

                    ``(I) transmit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a copy of the report under clause (i); 
                and
                    ``(II) make the report under clause (i) publicly 
                available on the internet.'';

        (7) in subsection (n), by adding at the end the following:
        ``(3) Length of environmental document.--
            ``(A) In general.--Notwithstanding any other provision of 
        law and except as provided in subparagraph (B), to the maximum 
        extent practicable, the text of the items described in 
        paragraphs (4) through (6) of section 1502.10(a) of title 40, 
        Code of Federal Regulations (or successor regulations), of an 
        environmental impact statement for a project shall be 200 pages 
        or fewer.
            ``(B) Exemption.--An environmental impact statement for a 
        project may exceed 200 pages, if the lead agency establishes a 
        new page limit for the environmental impact statement for that 
        project.''; and
        (8) by adding at the end the following:
    ``(p) Accountability and Reporting for Major Projects.--
        ``(1) In general.--The Secretary shall establish a performance 
    accountability system to track each major project.
        ``(2) Requirements.--The performance accountability system 
    under paragraph (1) shall, for each major project, track, at a 
    minimum--
            ``(A) the environmental review process for the major 
        project, including the project schedule;
            ``(B) whether the lead agency, cooperating agencies, and 
        participating agencies are meeting the schedule established for 
        the environmental review process; and
            ``(C) the time taken to complete the environmental review 
        process.
    ``(q) Development of Categorical Exclusions.--
        ``(1) In general.--Not later than 60 days after the date of 
    enactment of this subsection, and every 4 years thereafter, the 
    Secretary shall--
            ``(A) in consultation with the agencies described in 
        paragraph (2), identify the categorical exclusions described in 
        section 771.117 of title 23, Code of Federal Regulations (or 
        successor regulations), that would accelerate delivery of a 
        project if those categorical exclusions were available to those 
        agencies;
            ``(B) collect existing documentation and substantiating 
        information on the categorical exclusions described in 
        subparagraph (A); and
            ``(C) provide to each agency described in paragraph (2)--
                ``(i) a list of the categorical exclusions identified 
            under subparagraph (A); and
                ``(ii) the documentation and substantiating information 
            under subparagraph (B).
        ``(2) Agencies described.--The agencies referred to in 
    paragraph (1) are--
            ``(A) the Department of the Interior;
            ``(B) the Department of the Army;
            ``(C) the Department of Commerce;
            ``(D) the Department of Agriculture;
            ``(E) the Department of Energy;
            ``(F) the Department of Defense; and
            ``(G) any other Federal agency that has participated in an 
        environmental review process for a project, as determined by 
        the Secretary.
        ``(3) Adoption of categorical exclusions.--
            ``(A) In general.--Not later than 1 year after the date on 
        which the Secretary provides a list under paragraph (1)(C), an 
        agency described in paragraph (2) shall publish a notice of 
        proposed rulemaking to propose any categorical exclusions from 
        the list applicable to the agency, subject to the condition 
        that the categorical exclusion identified under paragraph 
        (1)(A) meets the criteria for a categorical exclusion under 
        section 1508.1 of title 40, Code of Federal Regulations (or 
        successor regulations).
            ``(B) Public comment.--In a notice of proposed rulemaking 
        under subparagraph (A), the applicable agency may solicit 
        comments on whether any of the proposed new categorical 
        exclusions meet the criteria for a categorical exclusion under 
        section 1508.1 of title 40, Code of Federal Regulations (or 
        successor regulations).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
139 and inserting the following:
``139. Efficient environmental reviews for project decisionmaking and 
          One Federal Decision.''.
SEC. 11302. WORK ZONE PROCESS REVIEWS.
    The Secretary shall amend section 630.1008(e) of title 23, Code of 
Federal Regulations, to ensure that the work zone process review under 
that subsection is required not more frequently than once every 5 
years.
SEC. 11303. TRANSPORTATION MANAGEMENT PLANS.
    (a) In General.--The Secretary shall amend section 630.1010(c) of 
title 23, Code of Federal Regulations, to ensure that only a project 
described in that subsection with a lane closure for 3 or more 
consecutive days shall be considered to be a significant project for 
purposes of that section.
    (b) Non-Interstate Projects.--Notwithstanding any other provision 
of law, a State shall not be required to develop or implement a 
transportation management plan (as described in section 630.1012 of 
title 23, Code of Federal Regulations (or successor regulations)) for a 
highway project not on the Interstate System if the project requires 
not more than 3 consecutive days of lane closures.
SEC. 11304. INTELLIGENT TRANSPORTATION SYSTEMS.
    (a) In General.--The Secretary shall develop guidance for using 
existing flexibilities with respect to the systems engineering analysis 
described in part 940 of title 23, Code of Federal Regulations (or 
successor regulations).
    (b) Implementation.--The Secretary shall ensure that any guidance 
developed under subsection (a)--
        (1) clearly identifies criteria for low-risk and exempt 
    intelligent transportation systems projects, with a goal of 
    minimizing unnecessary delay or paperwork burden;
        (2) is consistently implemented by the Department nationwide; 
    and
        (3) is disseminated to Federal-aid recipients.
    (c) Savings Provision.--Nothing in this section prevents the 
Secretary from amending part 940 of title 23, Code of Federal 
Regulations (or successor regulations), to reduce State administrative 
burdens.
SEC. 11305. ALTERNATIVE CONTRACTING METHODS.
    (a) Alternative Contracting Methods for Federal Land Management 
Agencies and Tribal Governments.--Section 201 of title 23, United 
States Code, is amended by adding at the end the following:
    ``(f) Alternative Contracting Methods.--
        ``(1) In general.--Notwithstanding any other provision of law 
    (including the Federal Acquisition Regulation), a contracting 
    method available to a State under this title may be used by the 
    Secretary, on behalf of--
            ``(A) a Federal land management agency, in using any funds 
        pursuant to section 203, 204, or 308;
            ``(B) a Federal land management agency, in using any funds 
        pursuant to section 1535 of title 31 for any of the eligible 
        uses described in sections 203(a)(1) and 204(a)(1) and 
        paragraphs (1) and (2) of section 308(a); or
            ``(C) a Tribal government, in using funds pursuant to 
        section 202(b)(7)(D).
        ``(2) Methods described.--The contracting methods referred to 
    in paragraph (1) shall include, at a minimum--
            ``(A) project bundling;
            ``(B) bridge bundling;
            ``(C) design-build contracting;
            ``(D) 2-phase contracting;
            ``(E) long-term concession agreements; and
            ``(F) any method tested, or that could be tested, under an 
        experimental program relating to contracting methods carried 
        out by the Secretary.
        ``(3) Effect.--Nothing in this subsection--
            ``(A) affects the application of the Federal share for the 
        project carried out with a contracting method under this 
        subsection; or
            ``(B) modifies the point of obligation of Federal salaries 
        and expenses.''.
    (b) Cooperation With Federal and State Agencies and Foreign 
Countries.--Section 308(a) of title 23, United States Code, is amended 
by adding at the end the following:
        ``(4) Alternative contracting methods.--
            ``(A) In general.--Notwithstanding any other provision of 
        law (including the Federal Acquisition Regulation), in 
        performing services under paragraph (1), the Secretary may use 
        any contracting method available to a State under this title.
            ``(B) Methods described.--The contracting methods referred 
        to in subparagraph (A) shall include, at a minimum--
                ``(i) project bundling;
                ``(ii) bridge bundling;
                ``(iii) design-build contracting;
                ``(iv) 2-phase contracting;
                ``(v) long-term concession agreements; and
                ``(vi) any method tested, or that could be tested, 
            under an experimental program relating to contracting 
            methods carried out by the Secretary.''.
    (c) Use of Alternative Contracting Methods.--In carrying out an 
alternative contracting method under section 201(f) or 308(a)(4) of 
title 23, United States Code, the Secretary shall--
        (1) in consultation with the applicable Federal land management 
    agencies, establish clear procedures that are--
            (A) applicable to the alternative contracting method; and
            (B) to the maximum extent practicable, consistent with the 
        requirements applicable to Federal procurement transactions;
        (2) solicit input on the use of the alternative contracting 
    method from the affected industry prior to using the method; and
        (3) analyze and prepare an evaluation of the use of the 
    alternative contracting method.
SEC. 11306. FLEXIBILITY FOR PROJECTS.
    Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114-
94) is amended--
        (1) in subsection (a), by striking ``and on request by a State, 
    the Secretary may'' in the matter preceding paragraph (1) and all 
    that follows through the period at the end of paragraph (2) and 
    inserting the following: ``, on request by a State, and if in the 
    public interest (as determined by the Secretary), the Secretary 
    shall exercise all existing flexibilities under--
        ``(1) the requirements of title 23, United States Code; and
        ``(2) other requirements administered by the Secretary, in 
    whole or in part.''; and
        (2) in subsection (b)(2)(A), by inserting ``(including 
    regulations)'' after ``environmental law''.
SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT 
AGREEMENTS.
    (a) Definition of Template.--In this section, the term ``template'' 
means a template created by the Secretary for Federal-State stewardship 
and oversight agreements that--
        (1) includes all standard terms found in stewardship and 
    oversight agreements, including any terms in an attachment to the 
    agreement;
        (2) is developed in accordance with section 106 of title 23, 
    United States Code, or any other applicable authority; and
        (3) may be developed with consideration of relevant 
    regulations, guidance, or policies.
    (b) Request for Comment.--
        (1) In general.--Not later than 60 days after the date of 
    enactment of this Act, the Secretary shall publish in the Federal 
    Register the template and a notice requesting public comment on 
    ways to improve the template.
        (2) Comment period.--The Secretary shall provide a period of 
    not less than 60 days for public comment on the notice under 
    paragraph (1).
        (3) Certain issues.--The notice under paragraph (1) shall allow 
    comment on any aspect of the template and shall specifically 
    request public comment on--
            (A) whether the template should be revised to delete 
        standard terms requiring approval by the Secretary of the 
        policies, procedures, processes, or manuals of the States, or 
        other State actions, if Federal law (including regulations) 
        does not specifically require an approval;
            (B) opportunities to modify the template to allow 
        adjustments to the review schedules for State practices or 
        actions, including through risk-based approaches, program 
        reviews, process reviews, or other means; and
            (C) any other matters that the Secretary determines to be 
        appropriate.
    (c) Notice of Action; Updates.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, after considering the comments received in 
    response to the Federal Register notice under subsection (b), the 
    Secretary shall publish in the Federal Register a notice that--
            (A) describes any proposed changes to be made, and any 
        alternatives to such changes, to the template;
            (B) addresses comments in response to which changes were 
        not made to the template; and
            (C) prescribes a schedule and a plan to execute a process 
        for implementing the changes referred to in subparagraph (A).
        (2) Approval requirements.--In addressing comments under 
    paragraph (1)(B), the Secretary shall include an explanation of the 
    basis for retaining any requirement for approval of State policies, 
    procedures, processes, or manuals, or other State actions, if 
    Federal law (including regulations) does not specifically require 
    the approval.
        (3) Implementation.--
            (A) In general.--Not later than 60 days after the date on 
        which the notice under paragraph (1) is published, the 
        Secretary shall make changes to the template in accordance 
        with--
                (i) the changes described in the notice under paragraph 
            (1)(A); and
                (ii) the schedule and plan described in the notice 
            under paragraph (1)(C).
            (B) Updates.--Not later than 1 year after the date on which 
        the revised template under subparagraph (A) is published, the 
        Secretary shall update existing agreements with States 
        according to the template updated under subparagraph (A).
    (d) Inclusion of Non-standard Terms.--Nothing in this section 
precludes the inclusion in a Federal-State stewardship and oversight 
agreement of non-standard terms to address a State-specific matter, 
including risk-based stewardship and Department oversight involvement 
in individual projects of division interest.
    (e) Compliance With Non-statutory Terms.--
        (1) In general.--The Secretary shall not enforce or otherwise 
    require a State to comply with approval requirements that are not 
    required by Federal law (including regulations) in a Federal-State 
    stewardship and oversight agreement.
        (2) Approval authority.--Notwithstanding any other provision of 
    law, the Secretary shall not assert approval authority over any 
    matter in a Federal-State stewardship and oversight agreement 
    reserved to States.
    (f) Frequency of Reviews.--Section 106(g)(3) of title 23, United 
States Code, is amended--
        (1) by striking ``annual'';
        (2) by striking ``The Secretary'' and inserting the following:
            ``(A) In general.--The Secretary''; and
        (3) by adding at the end the following:
            ``(B) Frequency.--
                ``(i) In general.--Except as provided in clauses (ii) 
            and (iii), the Secretary shall carry out a review under 
            subparagraph (A) not less frequently than once every 2 
            years.
                ``(ii) Consultation with state.--The Secretary, after 
            consultation with a State, may make a determination to 
            carry out a review under subparagraph (A) for that State 
            less frequently than provided under clause (i).
                ``(iii) Cause.--If the Secretary determines that there 
            is a specific reason to require a review more frequently 
            than provided under clause (i) with respect to a State, the 
            Secretary may carry out a review more frequently than 
            provided under that clause.''.
SEC. 11308. GEOMATIC DATA.
    (a) In General.--The Secretary shall develop guidance for the 
acceptance and use of information obtained from a non-Federal entity 
through geomatic techniques, including remote sensing and land 
surveying, cartography, geographic information systems, global 
navigation satellite systems, photogrammetry, or other remote means.
    (b) Considerations.--In carrying out this section, the Secretary 
shall ensure that acceptance or use of information described in 
subsection (a) meets the data quality and operational requirements of 
the Secretary.
    (c) Public Comment.--Before issuing any final guidance under 
subsection (a), the Secretary shall provide to the public--
        (1) notice of the proposed guidance; and
        (2) an opportunity to comment on the proposed guidance.
    (d) Savings Clause.--Nothing in this section--
        (1) requires the Secretary to accept or use information that 
    the Secretary determines does not meet the guidance developed under 
    this section; or
        (2) changes the current statutory or regulatory requirements of 
    the Department.
SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF-WAY.
    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 331. Evaluation of projects within an operational right-of-way
    ``(a) Definitions.--
        ``(1) Eligible project or activity.--
            ``(A) In general.--In this section, the term `eligible 
        project or activity' means a project or activity within an 
        existing operational right-of-way (as defined in section 
        771.117(c)(22) of title 23, Code of Federal Regulations (or 
        successor regulations))--
                ``(i)(I) eligible for assistance under this title; or
                ``(II) administered as if made available under this 
            title;
                ``(ii) that is--

                    ``(I) a preventive maintenance, preservation, or 
                highway safety improvement project (as defined in 
                section 148(a)); or
                    ``(II) a new turn lane that the State advises in 
                writing to the Secretary would assist public safety; 
                and

                ``(iii) that--

                    ``(I) is classified as a categorical exclusion 
                under section 771.117 of title 23, Code of Federal 
                Regulations (or successor regulations); or
                    ``(II) if the project or activity does not receive 
                assistance described in clause (i) would be considered 
                a categorical exclusion if the project or activity 
                received assistance described in clause (i).

            ``(B) Exclusion.--The term `eligible project or activity' 
        does not include a project to create a new travel lane.
        ``(2) Preliminary evaluation.--The term `preliminary 
    evaluation', with respect to an application described in subsection 
    (b)(1), means an evaluation that is customary or practicable for 
    the relevant agency to complete within a 45-day period for similar 
    applications.
        ``(3) Relevant agency.--The term `relevant agency' means a 
    Federal agency, other than the Federal Highway Administration, with 
    responsibility for review of an application from a State for a 
    permit, approval, or jurisdictional determination for an eligible 
    project or activity.
    ``(b) Action Required.--
        ``(1) In general.--Subject to paragraph (2), not later than 45 
    days after the date of receipt of an application by a State for a 
    permit, approval, or jurisdictional determination for an eligible 
    project or activity, the head of the relevant agency shall--
            ``(A) make at least a preliminary evaluation of the 
        application; and
            ``(B) notify the State of the results of the preliminary 
        evaluation under subparagraph (A).
        ``(2) Extension.--The head of the relevant agency may extend 
    the review period under paragraph (1) by not more than 30 days if 
    the head of the relevant agency provides to the State written 
    notice that includes an explanation of the need for the extension.
        ``(3) Failure to act.--If the head of the relevant agency fails 
    to meet a deadline under paragraph (1) or (2), as applicable, the 
    head of the relevant agency shall--
            ``(A) not later than 30 days after the date of the missed 
        deadline, submit to the State, the Committee on Environment and 
        Public Works of the Senate, and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report 
        that describes why the deadline was missed; and
            ``(B) not later than 14 days after the date on which a 
        report is submitted under subparagraph (A), make publicly 
        available, including on the internet, a copy of that report.''.
    (b) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by adding at the end the following:
``331. Evaluation of projects within an operational right-of-way.''.
SEC. 11310. PRELIMINARY ENGINEERING.
    (a) In General.--Section 102 of title 23, United States Code, is 
amended--
        (1) by striking subsection (b); and
        (2) in subsection (a), in the second sentence, by striking 
    ``Nothing in this subsection'' and inserting the following:
    ``(b) Savings Provision.--Nothing in this section''.
    (b) Conforming Amendment.--Section 144(j) of title 23, United 
States Code, is amended by striking paragraph (6).
SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND 
MANAGEMENT PROJECTS.
    Section 203 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(e) Efficient Implementation of NEPA.--
        ``(1) Definitions.--In this subsection:
            ``(A) Environmental document.--The term `environmental 
        document' means an environmental impact statement, 
        environmental assessment, categorical exclusion, or other 
        document prepared under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.).
            ``(B) Project.--The term `project' means a highway project, 
        public transportation capital project, or multimodal project 
        that--
                ``(i) receives funds under this title; and
                ``(ii) is authorized under this section or section 204.
            ``(C) Project sponsor.--The term `project sponsor' means 
        the Federal land management agency that seeks or receives funds 
        under this title for a project.
        ``(2) Environmental review to be completed by federal highway 
    administration.--The Federal Highway Administration may prepare an 
    environmental document pursuant to the implementing procedures of 
    the Federal Highway Administration to comply with the requirements 
    of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
    seq.) if--
            ``(A) requested by a project sponsor; and
            ``(B) all areas of analysis required by the project sponsor 
        can be addressed.
        ``(3) Federal land management agencies adoption of existing 
    environmental review documents.--
            ``(A) In general.--To the maximum extent practicable, if 
        the Federal Highway Administration prepares an environmental 
        document pursuant to paragraph (2), that environmental document 
        shall address all areas of analysis required by a Federal land 
        management agency.
            ``(B) Independent evaluation.--Notwithstanding any other 
        provision of law, a Federal land management agency shall not be 
        required to conduct an independent evaluation to determine the 
        adequacy of an environmental document prepared by the Federal 
        Highway Administration pursuant to paragraph (2).
            ``(C) Use of same document.--In authorizing or implementing 
        a project, a Federal land management agency may use an 
        environmental document previously prepared by the Federal 
        Highway Administration for a project addressing the same or 
        substantially the same action to the same extent that the 
        Federal land management agency could adopt or use a document 
        previously prepared by another Federal agency.
        ``(4) Application by federal land management agencies of 
    categorical exclusions established by federal highway 
    administration.--In carrying out requirements under the National 
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a 
    project, the project sponsor may use categorical exclusions 
    designated under that Act in the implementing regulations of the 
    Federal Highway Administration, subject to the conditions that--
            ``(A) the project sponsor makes a determination, in 
        consultation with the Federal Highway Administration, that the 
        categorical exclusion applies to the project;
            ``(B) the project satisfies the conditions for a 
        categorical exclusion under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.); and
            ``(C) the use of the categorical exclusion does not 
        otherwise conflict with the implementing regulations of the 
        project sponsor, except any list of the project sponsor that 
        designates categorical exclusions.
        ``(5) Mitigation commitments.--The Secretary shall assist the 
    Federal land management agency with all design and mitigation 
    commitments made jointly by the Secretary and the project sponsor 
    in any environmental document prepared by the Secretary in 
    accordance with this subsection.''.
SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING 
PROGRAM.
    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 156 the following:
``Sec. 157. National Environmental Policy Act of 1969 reporting program
    ``(a) Definitions.--In this section:
        ``(1) Categorical exclusion.--The term `categorical exclusion' 
    has the meaning given the term in section 771.117(c) of title 23, 
    Code of Federal Regulations (or a successor regulation).
        ``(2) Documented categorical exclusion.--The term `documented 
    categorical exclusion' has the meaning given the term in section 
    771.117(d) of title 23, Code of Federal Regulations (or a successor 
    regulation).
        ``(3) Environmental assessment.--The term `environmental 
    assessment' has the meaning given the term in section 1508.1 of 
    title 40, Code of Federal Regulations (or a successor regulation).
        ``(4) Environmental impact statement.--The term `environmental 
    impact statement' means a detailed statement required under section 
    102(2)(C) of the National Environmental Policy Act of 1969 (42 
    U.S.C. 4332(2)(C)).
        ``(5) Federal agency.--The term `Federal agency' includes a 
    State that has assumed responsibility under section 327.
        ``(6) NEPA process.--The term `NEPA process' means the entirety 
    of the development and documentation of the analysis required under 
    the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
    seq.), including the assessment and analysis of any impacts, 
    alternatives, and mitigation of a proposed action, and any 
    interagency participation and public involvement required to be 
    carried out before the Secretary undertakes a proposed action.
        ``(7) Proposed action.--The term `proposed action' means an 
    action (within the meaning of the National Environmental Policy Act 
    of 1969 (42 U.S.C. 4321 et seq.)) under this title that the 
    Secretary proposes to carry out.
        ``(8) Reporting period.--The term `reporting period' means the 
    fiscal year prior to the fiscal year in which a report is issued 
    under subsection (b).
        ``(9) Secretary.--The term `Secretary' includes the governor or 
    head of an applicable State agency of a State that has assumed 
    responsibility under section 327.
    ``(b) Report on NEPA Data.--
        ``(1) In general.--The Secretary shall carry out a process to 
    track, and annually submit to the Committee on Environment and 
    Public Works of the Senate and the Committee on Transportation and 
    Infrastructure of the House of Representatives a report containing, 
    the information described in paragraph (3).
        ``(2) Time to complete.--For purposes of paragraph (3), the 
    NEPA process--
            ``(A) for an environmental impact statement--
                ``(i) begins on the date on which the Notice of Intent 
            is published in the Federal Register; and
                ``(ii) ends on the date on which the Secretary issues a 
            record of decision, including, if necessary, a revised 
            record of decision; and
            ``(B) for an environmental assessment--
                ``(i) begins on the date on which the Secretary makes a 
            determination to prepare an environmental assessment; and
                ``(ii) ends on the date on which the Secretary issues a 
            finding of no significant impact or determines that 
            preparation of an environmental impact statement is 
            necessary.
        ``(3) Information described.--The information referred to in 
    paragraph (1) is, with respect to the Department of 
    Transportation--
            ``(A) the number of proposed actions for which a 
        categorical exclusion was issued during the reporting period;
            ``(B) the number of proposed actions for which a documented 
        categorical exclusion was issued by the Department of 
        Transportation during the reporting period;
            ``(C) the number of proposed actions pending on the date on 
        which the report is submitted for which the issuance of a 
        documented categorical exclusion by the Department of 
        Transportation is pending;
            ``(D) the number of proposed actions for which an 
        environmental assessment was issued by the Department of 
        Transportation during the reporting period;
            ``(E) the length of time the Department of Transportation 
        took to complete each environmental assessment described in 
        subparagraph (D);
            ``(F) the number of proposed actions pending on the date on 
        which the report is submitted for which an environmental 
        assessment is being drafted by the Department of 
        Transportation;
            ``(G) the number of proposed actions for which an 
        environmental impact statement was completed by the Department 
        of Transportation during the reporting period;
            ``(H) the length of time that the Department of 
        Transportation took to complete each environmental impact 
        statement described in subparagraph (G);
            ``(I) the number of proposed actions pending on the date on 
        which the report is submitted for which an environmental impact 
        statement is being drafted; and
            ``(J) for the proposed actions reported under subparagraphs 
        (F) and (I), the percentage of those proposed actions for 
        which--
                ``(i) funding has been identified; and
                ``(ii) all other Federal, State, and local activities 
            that are required to allow the proposed action to proceed 
            are completed.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 156 the following:
``157. National Environmental Policy Act of 1969 reporting program.''.
SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN 
AGREEMENTS.
    Section 327 of title 23, United States Code, is amended--
        (1) in subsection (a)(2)(G), by inserting ``, including the 
    payment of fees awarded under section 2412 of title 28'' before the 
    period at the end;
        (2) in subsection (c)--
            (A) by striking paragraph (5) and inserting the following:
        ``(5) except as provided under paragraph (7), have a term of 
    not more than 5 years;'';
            (B) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(7) for any State that has participated in a program under 
    this section (or under a predecessor program) for at least 10 
    years, have a term of 10 years.'';
        (3) in subsection (g)(1)--
            (A) in subparagraph (B), by striking ``and'' at the end;
            (B) in subparagraph (C), by striking ``annual'';
            (C) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (D) by inserting after subparagraph (B) the following:
            ``(C) in the case of an agreement period of greater than 5 
        years pursuant to subsection (c)(7), conduct an audit covering 
        the first 5 years of the agreement period; and''; and
        (4) by adding at the end the following:
    ``(m) Agency Deemed to Be Federal Agency.--A State agency that is 
assigned a responsibility under an agreement under this section shall 
be deemed to be an agency for the purposes of section 2412 of title 
28.''.
SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL 
EXCLUSIONS.
    Section 326(c)(3) of title 23, United States Code, is amended--
        (1) by striking subparagraph (A) and inserting the following:
            ``(A) except as provided under subparagraph (C), shall have 
        a term of not more than 3 years;'';
        (2) in subparagraph (B), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
            ``(C) shall have a term of 5 years, in the case of a State 
        that has assumed the responsibility for categorical exclusions 
        under this section for not fewer than 10 years.''.
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION PROJECT 
ENVIRONMENTAL REVIEW.
    Section 123 of title 23, United States Code, is amended to read as 
follows:
``Sec. 123. Relocation of utility facilities
    ``(a) Definitions.--In this section:
        ``(1) Cost of relocation.--The term `cost of relocation' 
    includes the entire amount paid by a utility properly attributable 
    to the relocation of a utility facility, minus any increase in the 
    value of the new facility and any salvage value derived from the 
    old facility.
        ``(2) Early utility relocation project.--The term `early 
    utility relocation project' means utility relocation activities 
    identified by the State for performance before completion of the 
    environmental review process for the transportation project.
        ``(3) Environmental review process.--The term `environmental 
    review process' has the meaning given the term in section 139(a).
        ``(4) Transportation project.--The term `transportation 
    project' means a project.
        ``(5) Utility facility.--The term `utility facility' means any 
    privately, publicly, or cooperatively owned line, facility, or 
    system for producing, transmitting, or distributing communications, 
    power, electricity, light, heat, gas, oil, crude products, water, 
    steam, waste, stormwater not connected with highway drainage, or 
    any other similar commodity, including any fire or police signal 
    system or street lighting system, that directly or indirectly 
    serves the public.
        ``(6) Utility relocation activity.--The term `utility 
    relocation activity' means an activity necessary for the relocation 
    of a utility facility, including preliminary and final design, 
    surveys, real property acquisition, materials acquisition, and 
    construction.
    ``(b) Reimbursement to States.--
        ``(1) In general.--If a State pays for the cost of relocation 
    of a utility facility necessitated by the construction of a 
    transportation project, Federal funds may be used to reimburse the 
    State for the cost of relocation in the same proportion as Federal 
    funds are expended on the transportation project.
        ``(2) Limitation.--Federal funds shall not be used to reimburse 
    a State under this section if the payment to the utility--
            ``(A) violates the law of the State; or
            ``(B) violates a legal contract between the utility and the 
        State.
        ``(3) Requirement.--A reimbursement under paragraph (1) shall 
    be made only if the State demonstrates to the satisfaction of the 
    Secretary that the State paid the cost of the utility relocation 
    activity from funds of the State with respect to transportation 
    projects for which Federal funds are obligated subsequent to April 
    16, 1958, for work, including utility relocation activities.
        ``(4) Reimbursement eligibility for early relocation prior to 
    transportation project environmental review process.--
            ``(A) In general.--In addition to the requirements under 
        paragraphs (1) through (3), a State may carry out, at the 
        expense of the State, an early utility relocation project for a 
        transportation project before completion of the environmental 
        review process for the transportation project.
            ``(B) Requirements for reimbursement.--Funds apportioned to 
        a State under this title may be used to pay the costs incurred 
        by the State for an early utility relocation project only if 
        the State demonstrates to the Secretary, and the Secretary 
        finds that--
                ``(i) the early utility relocation project is necessary 
            to accommodate a transportation project;
                ``(ii) the State provides adequate documentation to the 
            Secretary of eligible costs incurred by the State for the 
            early utility relocation project;
                ``(iii) before the commencement of the utility 
            relocation activities, an environmental review process was 
            completed for the early utility relocation project that 
            resulted in a finding that the early utility relocation 
            project--

                    ``(I) would not result in significant adverse 
                environmental impacts; and
                    ``(II) would comply with other applicable Federal 
                environmental requirements;

                ``(iv) the early utility relocation project did not 
            influence--

                    ``(I) the environmental review process for the 
                transportation project;
                    ``(II) the decision relating to the need to 
                construct the transportation project; or
                    ``(III) the selection of the transportation project 
                design or location;

                ``(v) the early utility relocation project complies 
            with all applicable provisions of law, including 
            regulations issued pursuant to this title;
                ``(vi) the early utility relocation project follows 
            applicable financial procedures and requirements, including 
            documentation of eligible costs and the requirements under 
            section 109(l), but not including requirements applicable 
            to authorization and obligation of Federal funds;
                ``(vii) the transportation project for which the early 
            utility relocation project was necessitated was included in 
            the applicable transportation improvement program under 
            section 134 or 135;
                ``(viii) before the cost incurred by a State is 
            approved for Federal participation, environmental 
            compliance pursuant to the National Environmental Policy 
            Act of 1969 (42 U.S.C. 4321 et seq.) has been completed for 
            the transportation project for which the early utility 
            relocation project was necessitated; and
                ``(ix) the transportation project that necessitated the 
            utility relocation activity is approved for construction.
            ``(C) Savings provision.--Nothing in this paragraph affects 
        other eligibility requirements or authorities for Federal 
        participation in payment of costs incurred for utility 
        relocation activities.
    ``(c) Applicability of Other Provisions.--Nothing in this section 
affects the applicability of other requirements that would otherwise 
apply to an early utility relocation project, including any applicable 
requirements under--
        ``(1) section 138;
        ``(2) the Uniform Relocation Assistance and Real Property 
    Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), 
    including regulations under part 24 of title 49, Code of Federal 
    Regulations (or successor regulations);
        ``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 
    et seq.); or
        ``(4) an environmental review process.''.
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.
    Section 138(a) of title 23, United States Code, is amended--
        (1) in the fourth sentence, by striking ``In carrying out'' and 
    inserting the following:
        ``(4) Studies.--In carrying out'';
        (2) in the third sentence--
            (A) by striking ``such land, and (2) such program'' and 
        inserting the following: ``the land; and
            ``(B) the program'';
            (B) by striking ``unless (1) there is'' and inserting the 
        following: ``unless--
            ``(A) there is''; and
            (C) by striking ``After the'' and inserting the following:
        ``(3) Requirement.--After the'';
        (3) in the second sentence--
            (A) by striking ``The Secretary of Transportation'' and 
        inserting the following:
        ``(2) Cooperation and consultation.--
            ``(A) In general.--The Secretary''; and
            (B) by adding at the end the following:
            ``(B) Timeline for approvals.--
                ``(i) In general.--The Secretary shall--

                    ``(I) provide an evaluation under this section to 
                the Secretaries described in subparagraph (A); and
                    ``(II) provide a period of 30 days for receipt of 
                comments.

                ``(ii) Assumed acceptance.--If the Secretary does not 
            receive comments by 15 days after the deadline under clause 
            (i)(II), the Secretary shall assume a lack of objection and 
            proceed with the action.
            ``(C) Effect.--Nothing in subparagraph (B) affects--
                ``(i) the requirements under--

                    ``(I) subsections (b) through (f); or
                    ``(II) the consultation process under section 
                306108 of title 54; or

                ``(ii) programmatic section 4(f) evaluations, as 
            described in regulations issued by the Secretary.''; and
        (4) in the first sentence, by striking ``It is declared to be'' 
    and inserting the following:
        ``(1) In general.--It is''.
SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL 
ASSISTANCE.
    Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141) 
is amended--
        (1) in subparagraph (A), by striking ``$5,000,000'' and 
    inserting ``$6,000,000''; and
        (2) in subparagraph (B), by striking ``$30,000,000'' and 
    inserting ``$35,000,000''.
SEC. 11318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN 
LAND.
    (a) Definitions.--In this section:
        (1) Federal land.--
            (A) In general.--The term ``Federal land'' means land the 
        title to which is held by the United States.
            (B) Exclusions.--The term ``Federal land'' does not 
        include--
                (i) a unit of the National Park System;
                (ii) a unit of the National Wildlife Refuge System;
                (iii) a component of the National Wilderness 
            Preservation System;
                (iv) a wilderness study area within the National Forest 
            System; or
                (v) Indian land.
        (2) Gathering line and associated field compression or pumping 
    unit.--
            (A) In general.--The term ``gathering line and associated 
        field compression or pumping unit'' means--
                (i) a pipeline that is installed to transport oil, 
            natural gas and related constituents, or produced water 
            from 1 or more wells drilled and completed to produce oil 
            or gas; and
                (ii) if necessary, 1 or more compressors or pumps to 
            raise the pressure of the transported oil, natural gas and 
            related constituents, or produced water to higher pressures 
            necessary to enable the oil, natural gas and related 
            constituents, or produced water to flow into pipelines and 
            other facilities.
            (B) Inclusions.--The term ``gathering line and associated 
        field compression or pumping unit'' includes a pipeline or 
        associated compression or pumping unit that is installed to 
        transport oil or natural gas from a processing plant to a 
        common carrier pipeline or facility.
            (C) Exclusions.--The term ``gathering line and associated 
        field compression or pumping unit'' does not include a common 
        carrier pipeline.
        (3) Indian land.--The term ``Indian land'' means land the title 
    to which is held by--
            (A) the United States in trust for an Indian Tribe or an 
        individual Indian; or
            (B) an Indian Tribe or an individual Indian subject to a 
        restriction by the United States against alienation.
        (4) Produced water.--The term ``produced water'' means water 
    produced from an oil or gas well bore that is not a fluid prepared 
    at, or transported to, the well site to resolve a specific oil or 
    gas well bore or reservoir condition.
        (5) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
    (b) Certain Gathering Lines.--
        (1) In general.--Subject to paragraph (2), the issuance of a 
    sundry notice or right-of-way for a gathering line and associated 
    field compression or pumping unit that is located on Federal land 
    or Indian land and that services any oil or gas well may be 
    considered by the Secretary to be an action that is categorically 
    excluded (as defined in section 1508.1 of title 40, Code of Federal 
    Regulations (as in effect on the date of enactment of this Act)) 
    for purposes of the National Environmental Policy Act of 1969 (42 
    U.S.C. 4321 et seq.) if the gathering line and associated field 
    compression or pumping unit--
            (A) are within a field or unit for which an approved land 
        use plan or an environmental document prepared pursuant to the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) analyzed transportation of oil, natural gas, or produced 
        water from 1 or more oil or gas wells in the field or unit as a 
        reasonably foreseeable activity;
            (B) are located adjacent to or within--
                (i) any existing disturbed area; or
                (ii) an existing corridor for a right-of-way; and
            (C) would reduce--
                (i) in the case of a gathering line and associated 
            field compression or pumping unit transporting methane, the 
            total quantity of methane that would otherwise be vented, 
            flared, or unintentionally emitted from the field or unit; 
            or
                (ii) in the case of a gathering line and associated 
            field compression or pumping unit not transporting methane, 
            the vehicular traffic that would otherwise service the 
            field or unit.
        (2) Applicability.--Paragraph (1) shall apply to Indian land, 
    or a portion of Indian land--
            (A) to which the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) applies; and
            (B) for which the Indian Tribe with jurisdiction over the 
        Indian land submits to the Secretary a written request that 
        paragraph (1) apply to that Indian land (or portion of Indian 
        land).
    (c) Effect on Other Law.--Nothing in this section--
        (1) affects or alters any requirement--
            (A) relating to prior consent under--
                (i) section 2 of the Act of February 5, 1948 (62 Stat. 
            18, chapter 45; 25 U.S.C. 324); or
                (ii) section 16(e) of the Act of June 18, 1934 (48 
            Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47; 25 
            U.S.C. 5123(e)) (commonly known as the ``Indian 
            Reorganization Act'');
            (B) under section 306108 of title 54, United States Code; 
        or
            (C) under any other Federal law (including regulations) 
        relating to Tribal consent for rights-of-way across Indian 
        land; or
        (2) makes the National Environmental Policy Act of 1969 (42 
    U.S.C. 4321 et seq.) applicable to land to which that Act otherwise 
    would not apply.
SEC. 11319. ANNUAL REPORT.
    (a) Definition of Covered Project.--In this section, the term 
``covered project'' means a project or activity carried out with funds 
provided by the Department, including a project carried out under title 
23 or 49, United States Code--
        (1) that is more than 5 years behind schedule; or
        (2) for which the total amount spent on the project or activity 
    is not less than $1,000,000,000 more than the original cost 
    estimate for the project or activity.
    (b) Requirement.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Secretary shall submit to 
Congress a report on covered projects of the Department, which shall 
include, for each covered project--
        (1) a brief description of the covered project, including--
            (A) the purpose of the covered project;
            (B) each location in which the covered project is carried 
        out;
            (C) the contract or award number of the covered project, if 
        applicable;
            (D) the year in which the covered project was initiated;
            (E) the Federal share of the total cost of the covered 
        project; and
            (F) each primary contractor, subcontractor, grant 
        recipient, and subgrantee recipient of the covered project;
        (2) an explanation of any change to the original scope of the 
    covered project, including by the addition or narrowing of the 
    initial requirements of the covered project;
        (3) the original expected date for completion of the covered 
    project;
        (4) the current expected date for completion of the covered 
    project;
        (5) the original cost estimate for the covered project, as 
    adjusted to reflect increases in the Consumer Price Index for All 
    Urban Consumers, as published by the Bureau of Labor Statistics;
        (6) the current cost estimate for the covered project, as 
    adjusted to reflect increases in the Consumer Price Index for All 
    Urban Consumers, as published by the Bureau of Labor Statistics;
        (7) an explanation for a delay in completion or an increase in 
    the original cost estimate for the covered project, including, 
    where applicable, any impact of insufficient or delayed 
    appropriations; and
        (8) the amount of and rationale for any award, incentive fee, 
    or other type of bonus, if any, awarded for the covered project.

                       Subtitle D--Climate Change

SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.
    (a) Purpose.--The purpose of this section is to establish a grant 
program to strategically deploy publicly accessible electric vehicle 
charging infrastructure, hydrogen fueling infrastructure, propane 
fueling infrastructure, and natural gas fueling infrastructure along 
designated alternative fuel corridors or in certain other locations 
that will be accessible to all drivers of electric vehicles, hydrogen 
vehicles, propane vehicles, and natural gas vehicles.
    (b) Grant Program.--Section 151 of title 23, United States Code, is 
amended--
        (1) in subsection (a)--
            (A) by striking ``Not later than 1 year after the date of 
        enactment of the FAST Act, the Secretary shall'' and inserting 
        ``The Secretary shall periodically''; and
            (B) by striking ``to improve the mobility'' and inserting 
        ``to support changes in the transportation sector that help 
        achieve a reduction in greenhouse gas emissions and improve the 
        mobility'';
        (2) in subsection (b)(2), by inserting ``previously designated 
    by the Federal Highway Administration or'' before ``designated 
    by'';
        (3) by striking subsection (d) and inserting the following:
    ``(d) Redesignation.--
        ``(1) Initial redesignation.--Not later than 180 days after the 
    date of enactment of the Surface Transportation Reauthorization Act 
    of 2021, the Secretary shall update and redesignate the corridors 
    under subsection (a).
        ``(2) Subsequent redesignation.--The Secretary shall establish 
    a recurring process to regularly update and redesignate the 
    corridors under subsection (a).'';
        (4) in subsection (e)--
            (A) in paragraph (1), by striking ``and'' at the end;
            (B) in paragraph (2)--
                (i) by striking ``establishes an aspirational goal of 
            achieving'' and inserting ``describes efforts, including 
            through funds awarded through the grant program under 
            subsection (f), that will aid efforts to achieve''; and
                (ii) by striking ``by the end of fiscal year 2020.'' 
            and inserting ``; and''; and
            (C) by adding at the end the following:
        ``(3) summarizes best practices and provides guidance, 
    developed through consultation with the Secretary of Energy, for 
    project development of electric vehicle charging infrastructure, 
    hydrogen fueling infrastructure, propane fueling infrastructure and 
    natural gas fueling infrastructure at the State, Tribal, and local 
    level to allow for the predictable deployment of that 
    infrastructure.''; and
        (5) by adding at the end the following:
    ``(f) Grant Program.--
        ``(1) Definition of private entity.--In this subsection, the 
    term `private entity' means a corporation, partnership, company, or 
    nonprofit organization.
        ``(2) Establishment.--Not later than 1 year after the date of 
    enactment of the Surface Transportation Reauthorization Act of 
    2021, the Secretary shall establish a grant program to award grants 
    to eligible entities to carry out the activities described in 
    paragraph (6).
        ``(3) Eligible entities.--An entity eligible to receive a grant 
    under this subsection is--
            ``(A) a State or political subdivision of a State;
            ``(B) a metropolitan planning organization;
            ``(C) a unit of local government;
            ``(D) a special purpose district or public authority with a 
        transportation function, including a port authority;
            ``(E) an Indian tribe (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304));
            ``(F) a territory of the United States;
            ``(G) an authority, agency, or instrumentality of, or an 
        entity owned by, 1 or more entities described in subparagraphs 
        (A) through (F); or
            ``(H) a group of entities described in subparagraphs (A) 
        through (G).
        ``(4) Applications.--To be eligible to receive a grant under 
    this subsection, an eligible entity shall submit to the Secretary 
    an application at such time, in such manner, and containing such 
    information as the Secretary shall require, including--
            ``(A) a description of how the eligible entity has 
        considered--
                ``(i) public accessibility of charging or fueling 
            infrastructure proposed to be funded with a grant under 
            this subsection, including--

                    ``(I) charging or fueling connector types and 
                publicly available information on real-time 
                availability; and
                    ``(II) payment methods to ensure secure, 
                convenient, fair, and equal access;

                ``(ii) collaborative engagement with stakeholders 
            (including automobile manufacturers, utilities, 
            infrastructure providers, technology providers, electric 
            charging, hydrogen, propane, and natural gas fuel 
            providers, metropolitan planning organizations, States, 
            Indian tribes, and units of local governments, fleet 
            owners, fleet managers, fuel station owners and operators, 
            labor organizations, infrastructure construction and 
            component parts suppliers, and multi-State and regional 
            entities)--

                    ``(I) to foster enhanced, coordinated, public-
                private or private investment in electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure;
                    ``(II) to expand deployment of electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure;
                    ``(III) to protect personal privacy and ensure 
                cybersecurity; and
                    ``(IV) to ensure that a properly trained workforce 
                is available to construct and install electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure;

                ``(iii) the location of the station or fueling site, 
            such as consideration of--

                    ``(I) the availability of onsite amenities for 
                vehicle operators, such as restrooms or food 
                facilities;
                    ``(II) access in compliance with the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
                    ``(III) height and fueling capacity requirements 
                for facilities that charge or refuel large vehicles, 
                such as semi-trailer trucks; and
                    ``(IV) appropriate distribution to avoid redundancy 
                and fill charging or fueling gaps;

                ``(iv) infrastructure installation that can be 
            responsive to technology advancements, such as 
            accommodating autonomous vehicles, vehicle-to-grid 
            technology, and future charging methods; and
                ``(v) the long-term operation and maintenance of the 
            electric vehicle charging infrastructure, hydrogen fueling 
            infrastructure, propane fueling infrastructure, or natural 
            gas fueling infrastructure, to avoid stranded assets and 
            protect the investment of public funds in that 
            infrastructure; and
            ``(B) an assessment of the estimated emissions that will be 
        reduced through the use of electric vehicle charging 
        infrastructure, hydrogen fueling infrastructure, propane 
        fueling infrastructure, or natural gas fueling infrastructure, 
        which shall be conducted using the Alternative Fuel Life-Cycle 
        Environmental and Economic Transportation (AFLEET) tool 
        developed by Argonne National Laboratory (or a successor tool).
        ``(5) Considerations.--In selecting eligible entities to 
    receive a grant under this subsection, the Secretary shall--
            ``(A) consider the extent to which the application of the 
        eligible entity would--
                ``(i) improve alternative fueling corridor networks 
            by--

                    ``(I) converting corridor-pending corridors to 
                corridor-ready corridors; or
                    ``(II) in the case of corridor-ready corridors, 
                providing redundancy--

                        ``(aa) to meet excess demand for charging or 
                    fueling infrastructure; or
                        ``(bb) to reduce congestion at existing 
                    charging or fueling infrastructure in high-traffic 
                    locations;
                ``(ii) meet current or anticipated market demands for 
            charging or fueling infrastructure;
                ``(iii) enable or accelerate the construction of 
            charging or fueling infrastructure that would be unlikely 
            to be completed without Federal assistance;
                ``(iv) support a long-term competitive market for 
            electric vehicle charging infrastructure, hydrogen fueling 
            infrastructure, propane fueling infrastructure, or natural 
            gas fueling infrastructure that does not significantly 
            impair existing electric vehicle charging infrastructure, 
            hydrogen fueling infrastructure, propane fueling 
            infrastructure, or natural gas fueling infrastructure 
            providers;
                ``(v) provide access to electric vehicle charging 
            infrastructure, hydrogen fueling infrastructure, propane 
            fueling infrastructure, or natural gas fueling 
            infrastructure in areas with a current or forecasted need; 
            and
                ``(vi) deploy electric vehicle charging infrastructure, 
            hydrogen fueling infrastructure, propane fueling 
            infrastructure, or natural gas fueling infrastructure for 
            medium- and heavy-duty vehicles (including along the 
            National Highway Freight Network established under section 
            167(c)) and in proximity to intermodal transfer stations;
            ``(B) ensure, to the maximum extent practicable, geographic 
        diversity among grant recipients to ensure that electric 
        vehicle charging infrastructure, hydrogen fueling 
        infrastructure, propane fueling infrastructure, or natural gas 
        fueling infrastructure is available throughout the United 
        States;
            ``(C) consider whether the private entity that the eligible 
        entity contracts with under paragraph (6)--
                ``(i) submits to the Secretary the most recent year of 
            audited financial statements; and
                ``(ii) has experience in installing and operating 
            electric vehicle charging infrastructure, hydrogen fueling 
            infrastructure, propane fueling infrastructure, or natural 
            gas fueling infrastructure; and
            ``(D) consider whether, to the maximum extent practicable, 
        the eligible entity and the private entity that the eligible 
        entity contracts with under paragraph (6) enter into an 
        agreement--
                ``(i) to operate and maintain publicly available 
            electric vehicle charging infrastructure, hydrogen fueling 
            infrastructure, propane fueling infrastructure, or natural 
            gas infrastructure; and
                ``(ii) that provides a remedy and an opportunity to 
            cure if the requirements described in clause (i) are not 
            met.
        ``(6) Use of funds.--
            ``(A) In general.--An eligible entity receiving a grant 
        under this subsection shall only use the funds in accordance 
        with this paragraph to contract with a private entity for 
        acquisition and installation of publicly accessible electric 
        vehicle charging infrastructure, hydrogen fueling 
        infrastructure, propane fueling infrastructure, or natural gas 
        fueling infrastructure that is directly related to the charging 
        or fueling of a vehicle.
            ``(B) Location of infrastructure.--Any publicly accessible 
        electric vehicle charging infrastructure, hydrogen fueling 
        infrastructure, propane fueling infrastructure, or natural gas 
        fueling infrastructure acquired and installed with a grant 
        under this subsection shall be located along an alternative 
        fuel corridor designated under this section, on the condition 
        that any affected Indian tribes are consulted before the 
        designation.
            ``(C) Operating assistance.--
                ``(i) In general.--Subject to clauses (ii) and (iii), 
            an eligible entity that receives a grant under this 
            subsection may use a portion of the funds to provide to a 
            private entity operating assistance for the first 5 years 
            of operations after the installation of publicly available 
            electric vehicle charging infrastructure, hydrogen fueling 
            infrastructure, propane fueling infrastructure, or natural 
            gas fueling infrastructure while the facility transitions 
            to independent system operations.
                ``(ii) Inclusions.--Operating assistance under this 
            subparagraph shall be limited to costs allocable to 
            operating and maintaining the electric vehicle charging 
            infrastructure, hydrogen fueling infrastructure, propane 
            fueling infrastructure, or natural gas fueling 
            infrastructure and service.
                ``(iii) Limitation.--Operating assistance under this 
            subparagraph may not exceed the amount of a contract under 
            subparagraph (A) to acquire and install publicly accessible 
            electric vehicle charging infrastructure, hydrogen fueling 
            infrastructure, propane fueling infrastructure, or natural 
            gas fueling infrastructure.
            ``(D) Traffic control devices.--
                ``(i) In general.--Subject to this paragraph, an 
            eligible entity that receives a grant under this subsection 
            may use a portion of the funds to acquire and install 
            traffic control devices located in the right-of-way to 
            provide directional information to publicly accessible 
            electric vehicle charging infrastructure, hydrogen fueling 
            infrastructure, propane fueling infrastructure, or natural 
            gas fueling infrastructure acquired, installed, or operated 
            with the grant.
                ``(ii) Applicability.--Clause (i) shall apply only to 
            an eligible entity that--

                    ``(I) receives a grant under this subsection; and
                    ``(II) is using that grant for the acquisition and 
                installation of publicly accessible electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure.

                ``(iii) Limitation on amount.--The amount of funds used 
            to acquire and install traffic control devices under clause 
            (i) may not exceed the amount of a contract under 
            subparagraph (A) to acquire and install publicly accessible 
            charging or fueling infrastructure.
                ``(iv) No new authority created.--Nothing in this 
            subparagraph authorizes an eligible entity that receives a 
            grant under this subsection to acquire and install traffic 
            control devices if the entity is not otherwise authorized 
            to do so.
            ``(E) Revenue.--
                ``(i) In general.--An eligible entity receiving a grant 
            under this subsection and a private entity referred to in 
            subparagraph (A) may enter into a cost-sharing agreement 
            under which the private entity submits to the eligible 
            entity a portion of the revenue from the electric vehicle 
            charging infrastructure, hydrogen fueling infrastructure, 
            propane fueling infrastructure, or natural gas fueling 
            infrastructure.
                ``(ii) Uses of revenue.--An eligible entity that 
            receives revenue from a cost-sharing agreement under clause 
            (i) may only use that revenue for a project that is 
            eligible under this title.
        ``(7) Certain fuels.--The use of grants for propane fueling 
    infrastructure under this subsection shall be limited to 
    infrastructure for medium- and heavy-duty vehicles.
        ``(8) Community grants.--
            ``(A) In general.--Notwithstanding paragraphs (4), (5), and 
        (6), the Secretary shall reserve 50 percent of the amounts made 
        available each fiscal year to carry out this section to provide 
        grants to eligible entities in accordance with this paragraph.
            ``(B) Applications.--To be eligible to receive a grant 
        under this paragraph, an eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(C) Eligible entities.--An entity eligible to receive a 
        grant under this paragraph is--
                ``(i) an entity described in paragraph (3); and
                ``(ii) a State or local authority with ownership of 
            publicly accessible transportation facilities.
            ``(D) Eligible projects.--The Secretary may provide a grant 
        under this paragraph for a project that is expected to reduce 
        greenhouse gas emissions and to expand or fill gaps in access 
        to publicly accessible electric vehicle charging 
        infrastructure, hydrogen fueling infrastructure, propane 
        fueling infrastructure, or natural gas fueling infrastructure, 
        including--
                ``(i) development phase activities, including planning, 
            feasibility analysis, revenue forecasting, environmental 
            review, preliminary engineering and design work, and other 
            preconstruction activities; and
                ``(ii) the acquisition and installation of electric 
            vehicle charging infrastructure, hydrogen fueling 
            infrastructure, propane fueling infrastructure, or natural 
            gas fueling infrastructure that is directly related to the 
            charging or fueling of a vehicle, including any related 
            construction or reconstruction and the acquisition of real 
            property directly related to the project, such as locations 
            described in subparagraph (E), to expand access to electric 
            vehicle charging infrastructure, hydrogen fueling 
            infrastructure, propane fueling infrastructure, or natural 
            gas fueling infrastructure.
            ``(E) Project locations.--A project receiving a grant under 
        this paragraph may be located on any public road or in other 
        publicly accessible locations, such as parking facilities at 
        public buildings, public schools, and public parks, or in 
        publicly accessible parking facilities owned or managed by a 
        private entity.
            ``(F) Priority.--In providing grants under this paragraph, 
        the Secretary shall give priority to projects that expand 
        access to electric vehicle charging infrastructure, hydrogen 
        fueling infrastructure, propane fueling infrastructure, or 
        natural gas fueling infrastructure within--
                ``(i) rural areas;
                ``(ii) low- and moderate-income neighborhoods; and
                ``(iii) communities with a low ratio of private parking 
            spaces to households or a high ratio of multiunit dwellings 
            to single family homes, as determined by the Secretary.
            ``(G) Additional considerations.--In providing grants under 
        this paragraph, the Secretary shall consider the extent to 
        which the project--
                ``(i) contributes to geographic diversity among 
            eligible entities, including achieving a balance between 
            urban and rural communities; and
                ``(ii) meets current or anticipated market demands for 
            charging or fueling infrastructure, including faster 
            charging speeds with high-powered capabilities necessary to 
            minimize the time to charge or refuel current and 
            anticipated vehicles.
            ``(H) Partnering with private entities.--An eligible entity 
        that receives a grant under this paragraph may use the grant 
        funds to contract with a private entity for the acquisition, 
        construction, installation, maintenance, or operation of 
        electric vehicle charging infrastructure, hydrogen fueling 
        infrastructure, propane fueling infrastructure, or natural gas 
        fueling infrastructure that is directly related to the charging 
        or fueling of a vehicle.
            ``(I) Maximum grant amount.--The amount of a grant under 
        this paragraph shall not be more than $15,000,000.
            ``(J) Technical assistance.--Of the amounts reserved under 
        subparagraph (A), the Secretary may use not more than 1 percent 
        to provide technical assistance to eligible entities.
            ``(K) Additional activities.--The recipient of a grant 
        under this paragraph may use not more than 5 percent of the 
        grant funds on educational and community engagement activities 
        to develop and implement education programs through 
        partnerships with schools, community organizations, and vehicle 
        dealerships to support the use of zero-emission vehicles and 
        associated infrastructure.
        ``(9) Requirements.--
            ``(A) Project treatment.--Notwithstanding any other 
        provision of law, any project funded by a grant under this 
        subsection shall be treated as a project on a Federal-aid 
        highway under this chapter.
            ``(B) Signs.--Any traffic control device or on-premises 
        sign acquired, installed, or operated with a grant under this 
        subsection shall comply with--
                ``(i) the Manual on Uniform Traffic Control Devices, if 
            located in the right-of-way; and
                ``(ii) other provisions of Federal, State, and local 
            law, as applicable.
        ``(10) Federal share.--
            ``(A) In general.--The Federal share of the cost of a 
        project carried out with a grant under this subsection shall 
        not exceed 80 percent of the total project cost.
            ``(B) Responsibility of private entity.--As a condition of 
        contracting with an eligible entity under paragraph (6) or (8), 
        a private entity shall agree to pay the share of the cost of a 
        project carried out with a grant under this subsection that is 
        not paid by the Federal Government under subparagraph (A).
        ``(11) Report.--Not later than 3 years after the date of 
    enactment of this subsection, the Secretary shall submit to the 
    Committee on Environment and Public Works of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives and make publicly available a report on the 
    progress and implementation of this subsection.''.
SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES.
    (a) Establishment of Program.--
        (1) In general.--The Secretary shall establish a program to 
    reduce idling at port facilities, under which the Secretary shall--
            (A) study how ports and intermodal port transfer facilities 
        would benefit from increased opportunities to reduce emissions 
        at ports, including through the electrification of port 
        operations;
            (B) study emerging technologies and strategies that may 
        help reduce port-related emissions from idling trucks; and
            (C) coordinate and provide funding to test, evaluate, and 
        deploy projects that reduce port-related emissions from idling 
        trucks, including through the advancement of port 
        electrification and improvements in efficiency, focusing on 
        port operations, including heavy-duty commercial vehicles, and 
        other related projects.
        (2) Consultation.--In carrying out the program under this 
    subsection, the Secretary may consult with the Secretary of Energy 
    and the Administrator of the Environmental Protection Agency.
    (b) Grants.--
        (1) In general.--In carrying out subsection (a)(1)(C), the 
    Secretary shall award grants to fund projects that reduce emissions 
    at ports, including through the advancement of port 
    electrification.
        (2) Cost share.--A grant awarded under paragraph (1) shall not 
    exceed 80 percent of the total cost of the project funded by the 
    grant.
        (3) Coordination.--In carrying out the grant program under this 
    subsection, the Secretary shall--
            (A) to the maximum extent practicable, leverage existing 
        resources and programs of the Department and other relevant 
        Federal agencies; and
            (B) coordinate with other Federal agencies, as the 
        Secretary determines to be appropriate.
        (4) Application; selection.--
            (A) Application.--The Secretary shall solicit applications 
        for grants under paragraph (1) at such time, in such manner, 
        and containing such information as the Secretary determines to 
        be necessary.
            (B) Selection.--The Secretary shall make grants under 
        paragraph (1) by not later than April 1 of each fiscal year for 
        which funding is made available.
        (5) Requirement.--Notwithstanding any other provision of law, 
    any project funded by a grant under this subsection shall be 
    treated as a project on a Federal-aid highway under chapter 1 of 
    title 23, United States Code.
    (c) Report.--Not later than 1 year after the date on which all of 
the projects funded with a grant under subsection (b) are completed, 
the Secretary shall submit to Congress a report that includes--
        (1) the findings of the studies described in subparagraphs (A) 
    and (B) of subsection (a)(1);
        (2) the results of the projects that received a grant under 
    subsection (b);
        (3) any recommendations for workforce development and training 
    opportunities with respect to port electrification; and
        (4) any policy recommendations based on the findings and 
    results described in paragraphs (1) and (2).
SEC. 11403. CARBON REDUCTION PROGRAM.
    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11203(a)), is amended by adding at the end the 
following:
``Sec. 175. Carbon reduction program
    ``(a) Definitions.--In this section:
        ``(1) Metropolitan planning organization; urbanized area.--The 
    terms `metropolitan planning organization' and `urbanized area' 
    have the meaning given those terms in section 134(b).
        ``(2) Transportation emissions.--The term `transportation 
    emissions' means carbon dioxide emissions from on-road highway 
    sources of those emissions within a State.
        ``(3) Transportation management area.--The term `transportation 
    management area' means a transportation management area identified 
    or designated by the Secretary under section 134(k)(1).
    ``(b) Establishment.--The Secretary shall establish a carbon 
reduction program to reduce transportation emissions.
    ``(c) Eligible Projects.--
        ``(1) In general.--Subject to paragraph (2), funds apportioned 
    to a State under section 104(b)(7) may be obligated for projects to 
    support the reduction of transportation emissions, including--
            ``(A) a project described in section 149(b)(4) to establish 
        or operate a traffic monitoring, management, and control 
        facility or program, including advanced truck stop 
        electrification systems;
            ``(B) a public transportation project that is eligible for 
        assistance under section 142;
            ``(C) a project described in section 101(a)(29) (as in 
        effect on the day before the date of enactment of the FAST Act 
        (Public Law 114-94; 129 Stat. 1312)), including the 
        construction, planning, and design of on-road and off-road 
        trail facilities for pedestrians, bicyclists, and other 
        nonmotorized forms of transportation;
            ``(D) a project described in section 503(c)(4)(E) for 
        advanced transportation and congestion management technologies;
            ``(E) a project for the deployment of infrastructure-based 
        intelligent transportation systems capital improvements and the 
        installation of vehicle-to-infrastructure communications 
        equipment, including retrofitting dedicated short-range 
        communications (DSRC) technology deployed as part of an 
        existing pilot program to cellular vehicle-to-everything (C-
        V2X) technology;
            ``(F) a project to replace street lighting and traffic 
        control devices with energy-efficient alternatives;
            ``(G) the development of a carbon reduction strategy in 
        accordance with subsection (d);
            ``(H) a project or strategy that is designed to support 
        congestion pricing, shifting transportation demand to nonpeak 
        hours or other transportation modes, increasing vehicle 
        occupancy rates, or otherwise reducing demand for roads, 
        including electronic toll collection, and travel demand 
        management strategies and programs;
            ``(I) efforts to reduce the environmental and community 
        impacts of freight movement;
            ``(J) a project to support deployment of alternative fuel 
        vehicles, including--
                ``(i) the acquisition, installation, or operation of 
            publicly accessible electric vehicle charging 
            infrastructure or hydrogen, natural gas, or propane vehicle 
            fueling infrastructure; and
                ``(ii) the purchase or lease of zero-emission 
            construction equipment and vehicles, including the 
            acquisition, construction, or leasing of required 
            supporting facilities;
            ``(K) a project described in section 149(b)(8) for a diesel 
        engine retrofit;
            ``(L) a project described in section 149(b)(5) that does 
        not result in the construction of new capacity; and
            ``(M) a project that reduces transportation emissions at 
        port facilities, including through the advancement of port 
        electrification.
        ``(2) Flexibility.--In addition to the eligible projects under 
    paragraph (1), a State may use funds apportioned under section 
    104(b)(7) for a project eligible under section 133(b) if the 
    Secretary certifies that the State has demonstrated a reduction in 
    transportation emissions--
            ``(A) as estimated on a per capita basis; and
            ``(B) as estimated on a per unit of economic output basis.
    ``(d) Carbon Reduction Strategy.--
        ``(1) In general.--Not later than 2 years after the date of 
    enactment of the Surface Transportation Reauthorization Act of 
    2021, a State, in consultation with any metropolitan planning 
    organization designated within the State, shall develop a carbon 
    reduction strategy in accordance with this subsection.
        ``(2) Requirements.--The carbon reduction strategy of a State 
    developed under paragraph (1) shall--
            ``(A) support efforts to reduce transportation emissions;
            ``(B) identify projects and strategies to reduce 
        transportation emissions, which may include projects and 
        strategies for safe, reliable, and cost-effective options--
                ``(i) to reduce traffic congestion by facilitating the 
            use of alternatives to single-occupant vehicle trips, 
            including public transportation facilities, pedestrian 
            facilities, bicycle facilities, and shared or pooled 
            vehicle trips within the State or an area served by the 
            applicable metropolitan planning organization, if any;
                ``(ii) to facilitate the use of vehicles or modes of 
            travel that result in lower transportation emissions per 
            person-mile traveled as compared to existing vehicles and 
            modes; and
                ``(iii) to facilitate approaches to the construction of 
            transportation assets that result in lower transportation 
            emissions as compared to existing approaches;
            ``(C) support the reduction of transportation emissions of 
        the State;
            ``(D) at the discretion of the State, quantify the total 
        carbon emissions from the production, transport, and use of 
        materials used in the construction of transportation facilities 
        within the State; and
            ``(E) be appropriate to the population density and context 
        of the State, including any metropolitan planning organization 
        designated within the State.
        ``(3) Updates.--The carbon reduction strategy of a State 
    developed under paragraph (1) shall be updated not less frequently 
    than once every 4 years.
        ``(4) Review.--Not later than 90 days after the date on which a 
    State submits a request for the approval of a carbon reduction 
    strategy developed by the State under paragraph (1), the Secretary 
    shall--
            ``(A) review the process used to develop the carbon 
        reduction strategy; and
            ``(B)(i) certify that the carbon reduction strategy meets 
        the requirements of paragraph (2); or
            ``(ii) deny certification of the carbon reduction strategy 
        and specify the actions necessary for the State to take to 
        correct the deficiencies in the process of the State in 
        developing the carbon reduction strategy.
        ``(5) Technical assistance.--At the request of a State, the 
    Secretary shall provide technical assistance in the development of 
    the carbon reduction strategy under paragraph (1).
    ``(e) Suballocation.--
        ``(1) In general.--For each fiscal year, of the funds 
    apportioned to the State under section 104(b)(7)--
            ``(A) 65 percent shall be obligated, in proportion to their 
        relative shares of the population of the State--
                ``(i) in urbanized areas of the State with an urbanized 
            area population of more than 200,000;
                ``(ii) in urbanized areas of the State with an 
            urbanized population of not less than 50,000 and not more 
            than 200,000;
                ``(iii) in urban areas of the State with a population 
            of not less than 5,000 and not more than 49,999; and
                ``(iv) in other areas of the State with a population of 
            less than 5,000; and
            ``(B) the remainder may be obligated in any area of the 
        State.
        ``(2) Metropolitan areas.--Funds attributed to an urbanized 
    area under paragraph (1)(A)(i) may be obligated in the metropolitan 
    area established under section 134 that encompasses the urbanized 
    area.
        ``(3) Distribution among urbanized areas of over 50,000 
    population.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the amounts that a State is required to obligate under clauses 
        (i) and (ii) of paragraph (1)(A) shall be obligated in 
        urbanized areas described in those clauses based on the 
        relative population of the areas.
            ``(B) Other factors.--The State may obligate the funds 
        described in subparagraph (A) based on other factors if--
                ``(i) the State and the relevant metropolitan planning 
            organizations jointly apply to the Secretary for the 
            permission to base the obligation on other factors; and
                ``(ii) the Secretary grants the request.
        ``(4) Coordination in urbanized areas.--Before obligating funds 
    for an eligible project under subsection (c) in an urbanized area 
    that is not a transportation management area, a State shall 
    coordinate with any metropolitan planning organization that 
    represents the urbanized area prior to determining which activities 
    should be carried out under the project.
        ``(5) Consultation in rural areas.--Before obligating funds for 
    an eligible project under subsection (c) in a rural area, a State 
    shall consult with any regional transportation planning 
    organization or metropolitan planning organization that represents 
    the rural area prior to determining which activities should be 
    carried out under the project.
        ``(6) Obligation authority.--
            ``(A) In general.--A State that is required to obligate in 
        an urbanized area with an urbanized area population of 50,000 
        or more under this subsection funds apportioned to the State 
        under section 104(b)(7) shall make available during the period 
        of fiscal years 2022 through 2026 an amount of obligation 
        authority distributed to the State for Federal-aid highways and 
        highway safety construction programs for use in the area that 
        is equal to the amount obtained by multiplying--
                ``(i) the aggregate amount of funds that the State is 
            required to obligate in the area under this subsection 
            during the period; and
                ``(ii) the ratio that--

                    ``(I) the aggregate amount of obligation authority 
                distributed to the State for Federal-aid highways and 
                highway safety construction programs during the period; 
                bears to
                    ``(II) the total of the sums apportioned to the 
                State for Federal-aid highways and highway safety 
                construction programs (excluding sums not subject to an 
                obligation limitation) during the period.

            ``(B) Joint responsibility.--Each State, each affected 
        metropolitan planning organization, and the Secretary shall 
        jointly ensure compliance with subparagraph (A).
    ``(f) Federal Share.--The Federal share of the cost of a project 
carried out using funds apportioned to a State under section 104(b)(7) 
shall be determined in accordance with section 120.
    ``(g) Treatment of Projects.--Notwithstanding any other provision 
of law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under this chapter.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11203(b)) is amended by 
inserting after the item relating to section 174 the following:
``175. Carbon reduction program.''.
SEC. 11404. CONGESTION RELIEF PROGRAM.
    (a) In General.--Section 129 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(d) Congestion Relief Program.--
        ``(1) Definitions.--In this subsection:
            ``(A) Eligible entity.--The term `eligible entity' means 
        any of the following:
                ``(i) A State, for the purpose of carrying out a 
            project in an urbanized area with a population of more than 
            1,000,000.
                ``(ii) A metropolitan planning organization, city, or 
            municipality, for the purpose of carrying out a project in 
            an urbanized area with a population of more than 1,000,000.
            ``(B) Integrated congestion management system.--The term 
        `integrated congestion management system' means a system for 
        the integration of management and operations of a regional 
        transportation system that includes, at a minimum, traffic 
        incident management, work zone management, traffic signal 
        timing, managed lanes, real-time traveler information, and 
        active traffic management, in order to maximize the capacity of 
        all facilities and modes across the applicable region.
            ``(C) Program.--The term `program' means the congestion 
        relief program established under paragraph (2).
        ``(2) Establishment.--The Secretary shall establish a 
    congestion relief program to provide discretionary grants to 
    eligible entities to advance innovative, integrated, and multimodal 
    solutions to congestion relief in the most congested metropolitan 
    areas of the United States.
        ``(3) Program goals.--The goals of the program are to reduce 
    highway congestion, reduce economic and environmental costs 
    associated with that congestion, including transportation 
    emissions, and optimize existing highway capacity and usage of 
    highway and transit systems through--
            ``(A) improving intermodal integration with highways, 
        highway operations, and highway performance;
            ``(B) reducing or shifting highway users to off-peak travel 
        times or to nonhighway travel modes during peak travel times; 
        and
            ``(C) pricing of, or based on, as applicable--
                ``(i) parking;
                ``(ii) use of roadways, including in designated 
            geographic zones; or
                ``(iii) congestion.
        ``(4) Eligible projects.--Funds from a grant under the program 
    may be used for a project or an integrated collection of projects, 
    including planning, design, implementation, and construction 
    activities, to achieve the program goals under paragraph (3), 
    including--
            ``(A) deployment and operation of an integrated congestion 
        management system;
            ``(B) deployment and operation of a system that implements 
        or enforces high occupancy vehicle toll lanes, cordon pricing, 
        parking pricing, or congestion pricing;
            ``(C) deployment and operation of mobility services, 
        including establishing account-based financial systems, 
        commuter buses, commuter vans, express operations, paratransit, 
        and on-demand microtransit; and
            ``(D) incentive programs that encourage travelers to 
        carpool, use nonhighway travel modes during peak period, or 
        travel during nonpeak periods.
        ``(5) Application; selection.--
            ``(A) Application.--To be eligible to receive a grant under 
        the program, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            ``(B) Priority.--In providing grants under the program, the 
        Secretary shall give priority to projects in urbanized areas 
        that are experiencing a high degree of recurrent congestion.
            ``(C) Federal share.--The Federal share of the cost of a 
        project carried out with a grant under the program shall not 
        exceed 80 percent of the total project cost.
            ``(D) Minimum award.--A grant provided under the program 
        shall be not less than $10,000,000.
        ``(6) Use of tolling.--
            ``(A) In general.--Notwithstanding subsection (a)(1) and 
        section 301 and subject to subparagraphs (B) and (C), the 
        Secretary shall allow the use of tolls on the Interstate System 
        as part of a project carried out with a grant under the 
        program.
            ``(B) Requirements.--The Secretary may only approve the use 
        of tolls under subparagraph (A) if--
                ``(i) the eligible entity has authority under State, 
            and if applicable, local, law to assess the applicable 
            toll;
                ``(ii) the maximum toll rate for any vehicle class is 
            not greater than the product obtained by multiplying--

                    ``(I) the toll rate for any other vehicle class; 
                and
                    ``(II) 5;

                ``(iii) the toll rates are not charged or varied on the 
            basis of State residency;
                ``(iv) the Secretary determines that the use of tolls 
            will enable the eligible entity to achieve the program 
            goals under paragraph (3) without a significant impact to 
            safety or mobility within the urbanized area in which the 
            project is located; and
                ``(v) the use of toll revenues complies with subsection 
            (a)(3).
            ``(C) Limitation.--The Secretary may not approve the use of 
        tolls on the Interstate System under the program in more than 
        10 urbanized areas.
        ``(7) Financial effects on low-income drivers.--A project under 
    the program--
            ``(A) shall include, if appropriate, an analysis of the 
        potential effects of the project on low-income drivers; and
            ``(B) may include mitigation measures to deal with any 
        potential adverse financial effects on low-income drivers.''.
    (b) High Occupancy Vehicle Use of Certain Toll Facilities.--Section 
129(a) of title 23, United States Code, is amended--
        (1) by redesignating paragraph (10) as paragraph (11); and
        (2) by inserting after paragraph (9) the following:
        ``(10) High occupancy vehicle use of certain toll facilities.--
    Notwithstanding section 102(a), in the case of a toll facility that 
    is on the Interstate System and that is constructed or converted 
    after the date of enactment of the Surface Transportation 
    Reauthorization Act of 2021, the public authority with jurisdiction 
    over the toll facility shall allow high occupancy vehicles, 
    transit, and paratransit vehicles to use the facility at a discount 
    rate or without charge, unless the public authority, in 
    consultation with the Secretary, determines that the number of 
    those vehicles using the facility reduces the travel time 
    reliability of the facility.''.
SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE, 
EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) PROGRAM.
    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11403(a)), is amended by adding at the end the 
following:
``Sec. 176. Promoting Resilient Operations for Transformative, 
   Efficient, and Cost-saving Transportation (PROTECT) program
    ``(a) Definitions.--In this section:
        ``(1) Emergency event.--The term `emergency event' means a 
    natural disaster or catastrophic failure resulting in--
            ``(A) an emergency declared by the Governor of the State in 
        which the disaster or failure occurred; or
            ``(B) an emergency or disaster declared by the President.
        ``(2) Evacuation route.--The term `evacuation route' means a 
    transportation route or system that--
            ``(A) is owned, operated, or maintained by a Federal, 
        State, Tribal, or local government;
            ``(B) is used--
                ``(i) to transport the public away from emergency 
            events; or
                ``(ii) to transport emergency responders and recovery 
            resources; and
            ``(C) is designated by the eligible entity with 
        jurisdiction over the area in which the route is located for 
        the purposes described in subparagraph (B).
        ``(3) Program.--The term `program' means the program 
    established under subsection (b)(1).
        ``(4) Resilience improvement.--The term `resilience 
    improvement' means the use of materials or structural or 
    nonstructural techniques, including natural infrastructure--
            ``(A) that allow a project--
                ``(i) to better anticipate, prepare for, and adapt to 
            changing conditions and to withstand and respond to 
            disruptions; and
                ``(ii) to be better able to continue to serve the 
            primary function of the project during and after weather 
            events and natural disasters for the expected life of the 
            project; or
            ``(B) that--
                ``(i) reduce the magnitude and duration of impacts of 
            current and future weather events and natural disasters to 
            a project; or
                ``(ii) have the absorptive capacity, adaptive capacity, 
            and recoverability to decrease project vulnerability to 
            current and future weather events or natural disasters.
    ``(b) Establishment.--
        ``(1) In general.--The Secretary shall establish a program, to 
    be known as the `Promoting Resilient Operations for Transformative, 
    Efficient, and Cost-saving Transportation program' or the `PROTECT 
    program'.
        ``(2) Purpose.--The purpose of the program is to provide grants 
    for resilience improvements through--
            ``(A) formula funding distributed to States to carry out 
        subsection (c);
            ``(B) competitive planning grants to enable communities to 
        assess vulnerabilities to current and future weather events and 
        natural disasters and changing conditions, including sea level 
        rise, and plan transportation improvements and emergency 
        response strategies to address those vulnerabilities; and
            ``(C) competitive resilience improvement grants to 
        protect--
                ``(i) surface transportation assets by making the 
            assets more resilient to current and future weather events 
            and natural disasters, such as severe storms, flooding, 
            drought, levee and dam failures, wildfire, rockslides, 
            mudslides, sea level rise, extreme weather, including 
            extreme temperature, and earthquakes;
                ``(ii) communities through resilience improvements and 
            strategies that allow for the continued operation or rapid 
            recovery of surface transportation systems that--

                    ``(I) serve critical local, regional, and national 
                needs, including evacuation routes; and
                    ``(II) provide access or service to hospitals and 
                other medical or emergency service facilities, major 
                employers, critical manufacturing centers, ports and 
                intermodal facilities, utilities, and Federal 
                facilities;

                ``(iii) coastal infrastructure, such as a tide gate to 
            protect highways, that is at long-term risk to sea level 
            rise; and
                ``(iv) natural infrastructure that protects and 
            enhances surface transportation assets while improving 
            ecosystem conditions, including culverts that ensure 
            adequate flows in rivers and estuarine systems.
    ``(c) Eligible Activities for Apportioned Funding.--
        ``(1) In general.--Except as provided in paragraph (2), funds 
    apportioned to the State under section 104(b)(8) shall be obligated 
    for activities eligible under subparagraph (A), (B), or (C) of 
    subsection (d)(4).
        ``(2) Planning set-aside.--Of the funds apportioned to a State 
    under section 104(b)(8) for each fiscal year, not less than 2 
    percent shall be for activities described in subsection (d)(3).
        ``(3) Requirements.--
            ``(A) Projects in certain areas.--If a project under this 
        subsection is carried out, in whole or in part, within a base 
        floodplain, the State shall--
                ``(i) identify the base floodplain in which the project 
            is to be located and disclose that information to the 
            Secretary; and
                ``(ii) indicate to the Secretary whether the State 
            plans to implement 1 or more components of the risk 
            mitigation plan under section 322 of the Robert T. Stafford 
            Disaster Relief and Emergency Assistance Act (42 U.S.C. 
            5165) with respect to the area.
            ``(B) Eligibilities.--A State shall use funds apportioned 
        to the State under section 104(b)(8) for--
                ``(i) a highway project eligible for assistance under 
            this title;
                ``(ii) a public transportation facility or service 
            eligible for assistance under chapter 53 of title 49; or
                ``(iii) a port facility, including a facility that--

                    ``(I) connects a port to other modes of 
                transportation;
                    ``(II) improves the efficiency of evacuations and 
                disaster relief; or
                    ``(III) aids transportation.

            ``(C) System resilience.--A project carried out by a State 
        with funds apportioned to the State under section 104(b)(8) may 
        include the use of natural infrastructure or the construction 
        or modification of storm surge, flood protection, or aquatic 
        ecosystem restoration elements that are functionally connected 
        to a transportation improvement, such as--
                ``(i) increasing marsh health and total area adjacent 
            to a highway right-of-way to promote additional flood 
            storage;
                ``(ii) upgrades to and installation of culverts 
            designed to withstand 100-year flood events;
                ``(iii) upgrades to and installation of tide gates to 
            protect highways;
                ``(iv) upgrades to and installation of flood gates to 
            protect tunnel entrances; and
                ``(v) improving functionality and resiliency of 
            stormwater controls, including inventory inspections, 
            upgrades to, and preservation of best management practices 
            to protect surface transportation infrastructure.
            ``(D) Federal cost share.--
                ``(i) In general.--Except as provided in subsection 
            (e)(1), the Federal share of the cost of a project carried 
            out using funds apportioned to the State under section 
            104(b)(8) shall not exceed 80 percent of the total project 
            cost.
                ``(ii) Non-federal share.--A State may use Federal 
            funds other than Federal funds apportioned to the State 
            under section 104(b)(8) to meet the non-Federal cost share 
            requirement for a project under this subsection.
            ``(E) Eligible project costs.--
                ``(i) In general.--Except as provided in clause (ii), 
            eligible project costs for activities carried out by a 
            State with funds apportioned to the State under section 
            104(b)(8) may include the costs of--

                    ``(I) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities; and
                    ``(II) construction, reconstruction, 
                rehabilitation, and acquisition of real property 
                (including land related to the project and improvements 
                to land), environmental mitigation, construction 
                contingencies, acquisition of equipment directly 
                related to improving system performance, and 
                operational improvements.

                ``(ii) Eligible planning costs.--In the case of a 
            planning activity described in subsection (d)(3) that is 
            carried out by a State with funds apportioned to the State 
            under section 104(b)(8), eligible costs may include 
            development phase activities, including planning, 
            feasibility analysis, revenue forecasting, environmental 
            review, preliminary engineering and design work, other 
            preconstruction activities, and other activities consistent 
            with carrying out the purposes of subsection (d)(3).
            ``(F) Limitations.--A State--
                ``(i) may use not more than 40 percent of the amounts 
            apportioned to the State under section 104(b)(8) for the 
            construction of new capacity; and
                ``(ii) may use not more than 10 percent of the amounts 
            apportioned to the State under section 104(b)(8) for 
            activities described in subparagraph (E)(i)(I).
    ``(d) Competitive Awards.--
        ``(1) In general.--In addition to funds apportioned to States 
    under section 104(b)(8) to carry out activities under subsection 
    (c), the Secretary shall provide grants on a competitive basis 
    under this subsection to eligible entities described in paragraph 
    (2).
        ``(2) Eligible entities.--Except as provided in paragraph 
    (4)(C), the Secretary may make a grant under this subsection to any 
    of the following:
            ``(A) A State or political subdivision of a State.
            ``(B) A metropolitan planning organization.
            ``(C) A unit of local government.
            ``(D) A special purpose district or public authority with a 
        transportation function, including a port authority.
            ``(E) An Indian tribe (as defined in section 207(m)(1)).
            ``(F) A Federal land management agency that applies jointly 
        with a State or group of States.
            ``(G) A multi-State or multijurisdictional group of 
        entities described in subparagraphs (A) through (F).
        ``(3) Planning grants.--Using funds made available under this 
    subsection, the Secretary shall provide planning grants to eligible 
    entities for the purpose of--
            ``(A) in the case of a State or metropolitan planning 
        organization, developing a resilience improvement plan under 
        subsection (e)(2);
            ``(B) resilience planning, predesign, design, or the 
        development of data tools to simulate transportation disruption 
        scenarios, including vulnerability assessments;
            ``(C) technical capacity building by the eligible entity to 
        facilitate the ability of the eligible entity to assess the 
        vulnerabilities of the surface transportation assets and 
        community response strategies of the eligible entity under 
        current conditions and a range of potential future conditions; 
        or
            ``(D) evacuation planning and preparation.
        ``(4) Resilience grants.--
            ``(A) Resilience improvement grants.--
                ``(i) In general.--Using funds made available under 
            this subsection, the Secretary shall provide resilience 
            improvement grants to eligible entities to carry out 1 or 
            more eligible activities under clause (ii).
                ``(ii) Eligible activities.--

                    ``(I) In general.--An eligible entity may use a 
                resilience improvement grant under this subparagraph 
                for 1 or more construction activities to improve the 
                ability of an existing surface transportation asset to 
                withstand 1 or more elements of a weather event or 
                natural disaster, or to increase the resilience of 
                surface transportation infrastructure from the impacts 
                of changing conditions, such as sea level rise, 
                flooding, wildfires, extreme weather events, and other 
                natural disasters.
                    ``(II) Inclusions.--An activity eligible to be 
                carried out under this subparagraph includes--

                        ``(aa) resurfacing, restoration, 
                    rehabilitation, reconstruction, replacement, 
                    improvement, or realignment of an existing surface 
                    transportation facility eligible for assistance 
                    under this title;
                        ``(bb) the incorporation of natural 
                    infrastructure;
                        ``(cc) the upgrade of an existing surface 
                    transportation facility to meet or exceed a design 
                    standard adopted by the Federal Highway 
                    Administration;
                        ``(dd) the installation of mitigation measures 
                    that prevent the intrusion of floodwaters into 
                    surface transportation systems;
                        ``(ee) strengthening systems that remove 
                    rainwater from surface transportation facilities;
                        ``(ff) upgrades to and installation of 
                    structural stormwater controls;
                        ``(gg) a resilience project that addresses 
                    identified vulnerabilities described in the 
                    resilience improvement plan of the eligible entity, 
                    if applicable;
                        ``(hh) relocating roadways in a base floodplain 
                    to higher ground above projected flood elevation 
                    levels, or away from slide prone areas;
                        ``(ii) stabilizing slide areas or slopes;
                        ``(jj) installing riprap;
                        ``(kk) lengthening or raising bridges to 
                    increase waterway openings, including to respond to 
                    extreme weather;
                        ``(ll) increasing the size or number of 
                    drainage structures;
                        ``(mm) installing seismic retrofits on bridges;
                        ``(nn) adding scour protection at bridges;
                        ``(oo) adding scour, stream stability, coastal, 
                    and other hydraulic countermeasures, including spur 
                    dikes;
                        ``(pp) vegetation management practices in 
                    transportation rights-of-way to improve roadway 
                    safety, prevent against invasive species, 
                    facilitate wildfire control, and provide erosion 
                    control; and
                        ``(qq) any other protective features, including 
                    natural infrastructure, as determined by the 
                    Secretary.
                ``(iii) Priority.--The Secretary shall prioritize a 
            resilience improvement grant to an eligible entity if--

                    ``(I) the Secretary determines--

                        ``(aa) the benefits of the eligible activity 
                    proposed to be carried out by the eligible entity 
                    exceed the costs of the activity; and
                        ``(bb) there is a need to address the 
                    vulnerabilities of surface transportation assets of 
                    the eligible entity with a high risk of, and 
                    impacts associated with, failure due to the impacts 
                    of weather events, natural disasters, or changing 
                    conditions, such as sea level rise, wildfires, and 
                    increased flood risk; or

                    ``(II) the eligible activity proposed to be carried 
                out by the eligible entity is included in the 
                applicable resilience improvement plan under subsection 
                (e)(2).

            ``(B) Community resilience and evacuation route grants.--
                ``(i) In general.--Using funds made available under 
            this subsection, the Secretary shall provide community 
            resilience and evacuation route grants to eligible entities 
            to carry out 1 or more eligible activities under clause 
            (ii).
                ``(ii) Eligible activities.--An eligible entity may use 
            a community resilience and evacuation route grant under 
            this subparagraph for 1 or more projects that strengthen 
            and protect evacuation routes that are essential for 
            providing and supporting evacuations caused by emergency 
            events, including a project that--

                    ``(I) is an eligible activity under subparagraph 
                (A)(ii), if that eligible activity will improve an 
                evacuation route;
                    ``(II) ensures the ability of the evacuation route 
                to provide safe passage during an evacuation and 
                reduces the risk of damage to evacuation routes as a 
                result of future emergency events, including restoring 
                or replacing existing evacuation routes that are in 
                poor condition or not designed to meet the anticipated 
                demand during an emergency event, and including steps 
                to protect routes from mud, rock, or other debris 
                slides;
                    ``(III) if the eligible entity notifies the 
                Secretary that existing evacuation routes are not 
                sufficient to adequately facilitate evacuations, 
                including the transportation of emergency responders 
                and recovery resources, expands the capacity of 
                evacuation routes to swiftly and safely accommodate 
                evacuations, including installation of--

                        ``(aa) communications and intelligent 
                    transportation system equipment and infrastructure;
                        ``(bb) counterflow measures; or
                        ``(cc) shoulders;

                    ``(IV) is for the construction of new or redundant 
                evacuation routes, if the eligible entity notifies the 
                Secretary that existing evacuation routes are not 
                sufficient to adequately facilitate evacuations, 
                including the transportation of emergency responders 
                and recovery resources;
                    ``(V) is for the acquisition of evacuation route or 
                traffic incident management equipment or signage; or
                    ``(VI) will ensure access or service to critical 
                destinations, including hospitals and other medical or 
                emergency service facilities, major employers, critical 
                manufacturing centers, ports and intermodal facilities, 
                utilities, and Federal facilities.

                ``(iii) Priority.--The Secretary shall prioritize 
            community resilience and evacuation route grants under this 
            subparagraph for eligible activities that are cost-
            effective, as determined by the Secretary, taking into 
            account--

                    ``(I) current and future vulnerabilities to an 
                evacuation route due to future occurrence or recurrence 
                of emergency events that are likely to occur in the 
                geographic area in which the evacuation route is 
                located; and
                    ``(II) projected changes in development patterns, 
                demographics, and extreme weather events based on the 
                best available evidence and analysis.

                ``(iv) Consultation.--In providing grants for community 
            resilience and evacuation routes under this subparagraph, 
            the Secretary may consult with the Administrator of the 
            Federal Emergency Management Agency, who may provide 
            technical assistance to the Secretary and to eligible 
            entities.
            ``(C) At-risk coastal infrastructure grants.--
                ``(i) Definition of eligible entity.--In this 
            subparagraph, the term `eligible entity' means any of the 
            following:

                    ``(I) A State (including the United States Virgin 
                Islands, Guam, American Samoa, and the Commonwealth of 
                the Northern Mariana Islands) in, or bordering on, the 
                Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, 
                Long Island Sound, or 1 or more of the Great Lakes.
                    ``(II) A political subdivision of a State described 
                in subclause (I).
                    ``(III) A metropolitan planning organization in a 
                State described in subclause (I).
                    ``(IV) A unit of local government in a State 
                described in subclause (I).
                    ``(V) A special purpose district or public 
                authority with a transportation function, including a 
                port authority, in a State described in subclause (I).
                    ``(VI) An Indian tribe in a State described in 
                subclause (I).
                    ``(VII) A Federal land management agency that 
                applies jointly with a State or group of States 
                described in subclause (I).
                    ``(VIII) A multi-State or multijurisdictional group 
                of entities described in subclauses (I) through (VII).

                ``(ii) Grants.--Using funds made available under this 
            subsection, the Secretary shall provide at-risk coastal 
            infrastructure grants to eligible entities to carry out 1 
            or more eligible activities under clause (iii).
                ``(iii) Eligible activities.--An eligible entity may 
            use an at-risk coastal infrastructure grant under this 
            subparagraph for strengthening, stabilizing, hardening, 
            elevating, relocating, or otherwise enhancing the 
            resilience of highway and non-rail infrastructure, 
            including bridges, roads, pedestrian walkways, and bicycle 
            lanes, and associated infrastructure, such as culverts and 
            tide gates to protect highways, that are subject to, or 
            face increased long-term future risks of, a weather event, 
            a natural disaster, or changing conditions, including 
            coastal flooding, coastal erosion, wave action, storm 
            surge, or sea level rise, in order to improve 
            transportation and public safety and to reduce costs by 
            avoiding larger future maintenance or rebuilding costs.
                ``(iv) Criteria.--The Secretary shall provide at-risk 
            coastal infrastructure grants under this subparagraph for a 
            project--

                    ``(I) that addresses the risks from a current or 
                future weather event or natural disaster, including 
                coastal flooding, coastal erosion, wave action, storm 
                surge, or sea level change; and
                    ``(II) that reduces long-term infrastructure costs 
                by avoiding larger future maintenance or rebuilding 
                costs.

                ``(v) Coastal benefits.--In addition to the criteria 
            under clause (iv), for the purpose of providing at-risk 
            coastal infrastructure grants under this subparagraph, the 
            Secretary shall evaluate the extent to which a project will 
            provide--

                    ``(I) access to coastal homes, businesses, 
                communities, and other critical infrastructure, 
                including access by first responders and other 
                emergency personnel; or
                    ``(II) access to a designated evacuation route.

        ``(5) Grant requirements.--
            ``(A) Solicitations for grants.--In providing grants under 
        this subsection, the Secretary shall conduct a transparent and 
        competitive national solicitation process to select eligible 
        projects to receive grants under paragraph (3) and 
        subparagraphs (A), (B), and (C) of paragraph (4).
            ``(B) Applications.--
                ``(i) In general.--To be eligible to receive a grant 
            under paragraph (3) or subparagraph (A), (B), or (C) of 
            paragraph (4), an eligible entity shall submit to the 
            Secretary an application in such form, at such time, and 
            containing such information as the Secretary determines to 
            be necessary.
                ``(ii) Projects in certain areas.--If a project is 
            proposed to be carried out by the eligible entity, in whole 
            or in part, within a base floodplain, the eligible entity 
            shall--

                    ``(I) as part of the application, identify the 
                floodplain in which the project is to be located and 
                disclose that information to the Secretary; and
                    ``(II) indicate in the application whether, if 
                selected, the eligible entity will implement 1 or more 
                components of the risk mitigation plan under section 
                322 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5165) with respect 
                to the area.

            ``(C) Eligibilities.--The Secretary may make a grant under 
        paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) 
        only for--
                ``(i) a highway project eligible for assistance under 
            this title;
                ``(ii) a public transportation facility or service 
            eligible for assistance under chapter 53 of title 49;
                ``(iii) a facility or service for intercity rail 
            passenger transportation (as defined in section 24102 of 
            title 49); or
                ``(iv) a port facility, including a facility that--

                    ``(I) connects a port to other modes of 
                transportation;
                    ``(II) improves the efficiency of evacuations and 
                disaster relief; or
                    ``(III) aids transportation.

            ``(D) System resilience.--A project for which a grant is 
        provided under paragraph (3) or subparagraph (A), (B), or (C) 
        of paragraph (4) may include the use of natural infrastructure 
        or the construction or modification of storm surge, flood 
        protection, or aquatic ecosystem restoration elements that the 
        Secretary determines are functionally connected to a 
        transportation improvement, such as--
                ``(i) increasing marsh health and total area adjacent 
            to a highway right-of-way to promote additional flood 
            storage;
                ``(ii) upgrades to and installing of culverts designed 
            to withstand 100-year flood events;
                ``(iii) upgrades to and installation of tide gates to 
            protect highways; and
                ``(iv) upgrades to and installation of flood gates to 
            protect tunnel entrances.
            ``(E) Federal cost share.--
                ``(i) Planning grant.--The Federal share of the cost of 
            a planning activity carried out using a planning grant 
            under paragraph (3) shall be 100 percent.
                ``(ii) Resilience grants.--

                    ``(I) In general.--Except as provided in subclause 
                (II) and subsection (e)(1), the Federal share of the 
                cost of a project carried out using a grant under 
                subparagraph (A), (B), or (C) of paragraph (4) shall 
                not exceed 80 percent of the total project cost.
                    ``(II) Tribal projects.--On the determination of 
                the Secretary, the Federal share of the cost of a 
                project carried out using a grant under subparagraph 
                (A), (B), or (C) of paragraph (4) by an Indian tribe 
                (as defined in section 207(m)(1)) may be up to 100 
                percent.

                ``(iii) Non-federal share.--The eligible entity may use 
            Federal funds other than Federal funds provided under this 
            subsection to meet the non-Federal cost share requirement 
            for a project carried out with a grant under this 
            subsection.
            ``(F) Eligible project costs.--
                ``(i) Resilience grant projects.--Eligible project 
            costs for activities funded with a grant under subparagraph 
            (A), (B), or (C) of paragraph (4) may include the costs 
            of--

                    ``(I) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities; and
                    ``(II) construction, reconstruction, 
                rehabilitation, and acquisition of real property 
                (including land related to the project and improvements 
                to land), environmental mitigation, construction 
                contingencies, acquisition of equipment directly 
                related to improving system performance, and 
                operational improvements.

                ``(ii) Planning grants.--Eligible project costs for 
            activities funded with a grant under paragraph (3) may 
            include the costs of development phase activities, 
            including planning, feasibility analysis, revenue 
            forecasting, environmental review, preliminary engineering 
            and design work, other preconstruction activities, and 
            other activities consistent with carrying out the purposes 
            of that paragraph.
            ``(G) Limitations.--
                ``(i) In general.--An eligible entity that receives a 
            grant under subparagraph (A), (B), or (C) of paragraph 
            (4)--

                    ``(I) may use not more than 40 percent of the 
                amount of the grant for the construction of new 
                capacity; and
                    ``(II) may use not more than 10 percent of the 
                amount of the grant for activities described in 
                subparagraph (F)(i)(I).

                ``(ii) Limit on certain activities.--For each fiscal 
            year, not more than 25 percent of the total amount provided 
            under this subsection may be used for projects described in 
            subparagraph (C)(iii).
            ``(H) Distribution of grants.--
                ``(i) In general.--Subject to the availability of 
            funds, an eligible entity may request and the Secretary may 
            distribute funds for a grant under this subsection on a 
            multiyear basis, as the Secretary determines to be 
            necessary.
                ``(ii) Rural set-aside.--Of the amounts made available 
            to carry out this subsection for each fiscal year, the 
            Secretary shall use not less than 25 percent for grants for 
            projects located in areas that are outside an urbanized 
            area with a population of over 200,000.
                ``(iii) Tribal set-aside.--Of the amounts made 
            available to carry out this subsection for each fiscal 
            year, the Secretary shall use not less than 2 percent for 
            grants to Indian tribes (as defined in section 207(m)(1)).
                ``(iv) Reallocation.--For any fiscal year, if the 
            Secretary determines that the amount described in clause 
            (ii) or (iii) will not be fully utilized for the grant 
            described in that clause, the Secretary may reallocate the 
            unutilized funds to provide grants to other eligible 
            entities under this subsection.
        ``(6) Consultation.--In carrying out this subsection, the 
    Secretary shall--
            ``(A) consult with the Assistant Secretary of the Army for 
        Civil Works, the Administrator of the Environmental Protection 
        Agency, the Secretary of the Interior, and the Secretary of 
        Commerce; and
            ``(B) solicit technical support from the Administrator of 
        the Federal Emergency Management Agency.
        ``(7) Grant administration.--The Secretary may--
            ``(A) retain not more than a total of 5 percent of the 
        funds made available to carry out this subsection and to review 
        applications for grants under this subsection; and
            ``(B) transfer portions of the funds retained under 
        subparagraph (A) to the relevant Administrators to fund the 
        award and oversight of grants provided under this subsection.
    ``(e) Resilience Improvement Plan and Lower Non-Federal Share.--
        ``(1) Federal share reductions.--
            ``(A) In general.--A State that receives funds apportioned 
        to the State under section 104(b)(8) or an eligible entity that 
        receives a grant under subsection (d) shall have the non-
        Federal share of a project carried out with the funds or grant, 
        as applicable, reduced by an amount described in subparagraph 
        (B) if the State or eligible entity meets the applicable 
        requirements under that subparagraph.
            ``(B) Amount of reductions.--
                ``(i) Resilience improvement plan.--Subject to clause 
            (iii), the amount of the non-Federal share of the costs of 
            a project carried out with funds apportioned to a State 
            under section 104(b)(8) or a grant under subsection (d) 
            shall be reduced by 7 percentage points if--

                    ``(I) in the case of a State or an eligible entity 
                that is a State or a metropolitan planning 
                organization, the State or eligible entity has--

                        ``(aa) developed a resilience improvement plan 
                    in accordance with this subsection; and
                        ``(bb) prioritized the project on that 
                    resilience improvement plan; and

                    ``(II) in the case of an eligible entity not 
                described in subclause (I), the eligible entity is 
                located in a State or an area served by a metropolitan 
                planning organization that has--

                        ``(aa) developed a resilience improvement plan 
                    in accordance with this subsection; and
                        ``(bb) prioritized the project on that 
                    resilience improvement plan.
                ``(ii) Incorporation of resilience improvement plan in 
            other planning.--Subject to clause (iii), the amount of the 
            non-Federal share of the cost of a project carried out with 
            funds under subsection (c) or a grant under subsection (d) 
            shall be reduced by 3 percentage points if--

                    ``(I) in the case of a State or an eligible entity 
                that is a State or a metropolitan planning 
                organization, the resilience improvement plan developed 
                in accordance with this subsection has been 
                incorporated into the metropolitan transportation plan 
                under section 134 or the long-range statewide 
                transportation plan under section 135, as applicable; 
                and
                    ``(II) in the case of an eligible entity not 
                described in subclause (I), the eligible entity is 
                located in a State or an area served by a metropolitan 
                planning organization that incorporated a resilience 
                improvement plan into the metropolitan transportation 
                plan under section 134 or the long-range statewide 
                transportation plan under section 135, as applicable.

                ``(iii) Limitations.--

                    ``(I) Maximum reduction.--A State or eligible 
                entity may not receive a reduction under this paragraph 
                of more than 10 percentage points for any single 
                project carried out with funds under subsection (c) or 
                a grant under subsection (d).
                    ``(II) No negative non-federal share.--A reduction 
                under this paragraph shall not reduce the non-Federal 
                share of the costs of a project carried out with funds 
                under subsection (c) or a grant under subsection (d) to 
                an amount that is less than zero.

        ``(2) Plan contents.--A resilience improvement plan referred to 
    in paragraph (1)--
            ``(A) shall be for the immediate and long-range planning 
        activities and investments of the State or metropolitan 
        planning organization with respect to resilience of the surface 
        transportation system within the boundaries of the State or 
        metropolitan planning organization, as applicable;
            ``(B) shall demonstrate a systemic approach to surface 
        transportation system resilience and be consistent with and 
        complementary of the State and local mitigation plans required 
        under section 322 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5165);
            ``(C) shall include a risk-based assessment of 
        vulnerabilities of transportation assets and systems to current 
        and future weather events and natural disasters, such as severe 
        storms, flooding, drought, levee and dam failures, wildfire, 
        rockslides, mudslides, sea level rise, extreme weather, 
        including extreme temperatures, and earthquakes;
            ``(D) may--
                ``(i) designate evacuation routes and strategies, 
            including multimodal facilities, designated with 
            consideration for individuals without access to personal 
            vehicles;
                ``(ii) plan for response to anticipated emergencies, 
            including plans for the mobility of--

                    ``(I) emergency response personnel and equipment; 
                and
                    ``(II) access to emergency services, including for 
                vulnerable or disadvantaged populations;

                ``(iii) describe the resilience improvement policies, 
            including strategies, land-use and zoning changes, 
            investments in natural infrastructure, or performance 
            measures that will inform the transportation investment 
            decisions of the State or metropolitan planning 
            organization with the goal of increasing resilience;
                ``(iv) include an investment plan that--

                    ``(I) includes a list of priority projects; and
                    ``(II) describes how funds apportioned to the State 
                under section 104(b)(8) or provided by a grant under 
                the program would be invested and matched, which shall 
                not be subject to fiscal constraint requirements; and

                ``(v) use science and data and indicate the source of 
            data and methodologies; and
            ``(E) shall, as appropriate--
                ``(i) include a description of how the plan will 
            improve the ability of the State or metropolitan planning 
            organization--

                    ``(I) to respond promptly to the impacts of weather 
                events and natural disasters; and
                    ``(II) to be prepared for changing conditions, such 
                as sea level rise and increased flood risk;

                ``(ii) describe the codes, standards, and regulatory 
            framework, if any, adopted and enforced to ensure 
            resilience improvements within the impacted area of 
            proposed projects included in the resilience improvement 
            plan;
                ``(iii) consider the benefits of combining hard surface 
            transportation assets, and natural infrastructure, through 
            coordinated efforts by the Federal Government and the 
            States;
                ``(iv) assess the resilience of other community assets, 
            including buildings and housing, emergency management 
            assets, and energy, water, and communication 
            infrastructure;
                ``(v) use a long-term planning period; and
                ``(vi) include such other information as the State or 
            metropolitan planning organization considers appropriate.
        ``(3) No new planning requirements.--Nothing in this section 
    requires a metropolitan planning organization or a State to develop 
    a resilience improvement plan or to include a resilience 
    improvement plan under the metropolitan transportation plan under 
    section 134 or the long-range statewide transportation plan under 
    section 135, as applicable, of the metropolitan planning 
    organization or State.
    ``(f) Monitoring.--
        ``(1) In general.--Not later than 18 months after the date of 
    enactment of this section, the Secretary shall--
            ``(A) establish, for the purpose of evaluating the 
        effectiveness and impacts of projects carried out with a grant 
        under subsection (d)--
                ``(i) subject to paragraph (2), transportation and any 
            other metrics as the Secretary determines to be necessary; 
            and
                ``(ii) procedures for monitoring and evaluating 
            projects based on those metrics; and
            ``(B) select a representative sample of projects to 
        evaluate based on the metrics and procedures established under 
        subparagraph (A).
        ``(2) Notice.--Before adopting any metrics described in 
    paragraph (1), the Secretary shall--
            ``(A) publish the proposed metrics in the Federal Register; 
        and
            ``(B) provide to the public an opportunity for comment on 
        the proposed metrics.
    ``(g) Reports.--
        ``(1) Reports from eligible entities.--Not later than 1 year 
    after the date on which a project carried out with a grant under 
    subsection (d) is completed, the eligible entity that carried out 
    the project shall submit to the Secretary a report on the results 
    of the project and the use of the funds awarded.
        ``(2) Reports to congress.--
            ``(A) Annual reports.--The Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives, and publish on the website of the Department 
        of Transportation, an annual report that describes the 
        implementation of the program during the preceding calendar 
        year, including--
                ``(i) each project for which a grant was provided under 
            subsection (d);
                ``(ii) information relating to project applications 
            received;
                ``(iii) the manner in which the consultation 
            requirements were implemented under subsection (d);
                ``(iv) recommendations to improve the administration of 
            subsection (d), including whether assistance from 
            additional or fewer agencies to carry out the program is 
            appropriate;
                ``(v) the period required to disburse grant funds to 
            eligible entities based on applicable Federal coordination 
            requirements; and
                ``(vi) a list of facilities that repeatedly require 
            repair or reconstruction due to emergency events.
            ``(B) Final report.--Not later than 5 years after the date 
        of enactment of the Surface Transportation Reauthorization Act 
        of 2021, the Secretary shall submit to Congress a report that 
        includes the results of the reports submitted under 
        subparagraph (A).
    ``(h) Treatment of Projects.--Notwithstanding any other provision 
of law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under this chapter.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11403(b)), is amended by 
inserting after the item relating to section 175 the following:
``176. Promoting Resilient Operations for Transformative, Efficient, and 
          Cost-saving Transportation (PROTECT) program.''.
SEC. 11406. HEALTHY STREETS PROGRAM.
    (a) Definitions.--In this section:
        (1) Cool pavement.--The term ``cool pavement'' means a pavement 
    with reflective surfaces with higher albedo to decrease the surface 
    temperature of that pavement.
        (2) Eligible entity.--The term ``eligible entity'' means--
            (A) a State;
            (B) a metropolitan planning organization;
            (C) a unit of local government;
            (D) a Tribal government; and
            (E) a nonprofit organization working in coordination with 
        an entity described in subparagraphs (A) through (D).
        (3) Low-income community.--The term ``low-income community'' 
    means a census block group in which not less than 30 percent of the 
    population lives below the poverty line (as defined in section 673 
    of the Community Services Block Grant Act (42 U.S.C. 9902)).
        (4) Porous pavement.--The term ``porous pavement'' means a 
    paved surface with a higher than normal percentage of air voids to 
    allow water to pass through the surface and infiltrate into the 
    subsoil.
        (5) Program.--The term ``program'' means the Healthy Streets 
    program established under subsection (b).
        (6) State.--The term ``State'' has the meaning given the term 
    in section 101(a) of title 23, United States Code.
        (7) Tribal government.--The term ``Tribal government'' means 
    the recognized governing body of any Indian or Alaska Native tribe, 
    band, nation, pueblo, village, community, component band, or 
    component reservation, individually identified (including 
    parenthetically) in the list published most recently as of the date 
    of enactment of this Act pursuant to section 104 of the Federally 
    Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
    (b) Establishment.--The Secretary shall establish a discretionary 
grant program, to be known as the ``Healthy Streets program'', to 
provide grants to eligible entities--
        (1) to deploy cool pavements and porous pavements; and
        (2) to expand tree cover.
    (c) Goals.--The goals of the program are--
        (1) to mitigate urban heat islands;
        (2) to improve air quality; and
        (3) to reduce--
            (A) the extent of impervious surfaces;
            (B) stormwater runoff and flood risks; and
            (C) heat impacts to infrastructure and road users.
    (d) Application.--
        (1) In general.--To be eligible to receive a grant under the 
    program, an eligible entity shall submit to the Secretary an 
    application at such time, in such manner, and containing such 
    information as the Secretary may require.
        (2) Requirements.--The application submitted by an eligible 
    entity under paragraph (1) shall include a description of--
            (A) how the eligible entity would use the grant funds; and
            (B) the contribution that the projects intended to be 
        carried out with grant funds would make to improving the 
        safety, health outcomes, natural environment, and quality of 
        life in low-income communities and disadvantaged communities.
    (e) Use of Funds.--An eligible entity that receives a grant under 
the program may use the grant funds for 1 or more of the following 
activities:
        (1) Conducting an assessment of urban heat islands to identify 
    hot spot areas of extreme heat or elevated air pollution.
        (2) Conducting a comprehensive tree canopy assessment, which 
    shall assess the current tree locations and canopy, including--
            (A) an inventory of the location, species, condition, and 
        health of existing tree canopies and trees on public 
        facilities; and
            (B) an identification of--
                (i) the locations where trees need to be replaced;
                (ii) empty tree boxes or other locations where trees 
            could be added; and
                (iii) flood-prone locations where trees or other 
            natural infrastructure could mitigate flooding.
        (3) Conducting an equity assessment by mapping tree canopy 
    gaps, flood-prone locations, and urban heat island hot spots as 
    compared to--
            (A) pedestrian walkways and public transportation stop 
        locations;
            (B) low-income communities; and
            (C) disadvantaged communities.
        (4) Planning activities, including developing an investment 
    plan based on the results of the assessments carried out under 
    paragraphs (1), (2), and (3).
        (5) Purchasing and deploying cool pavements to mitigate urban 
    heat island hot spots.
        (6) Purchasing and deploying porous pavement to mitigate 
    flooding and stormwater runoff in--
            (A) pedestrian-only areas; and
            (B) areas of low-volume, low-speed vehicular use.
        (7) Purchasing of trees, site preparation, planting of trees, 
    ongoing maintenance and monitoring of trees, and repairing of storm 
    damage to trees, with priority given to--
            (A) to the extent practicable, the planting of native 
        species; and
            (B) projects located in a neighborhood with lower tree 
        cover or higher maximum daytime summer temperatures compared to 
        surrounding neighborhoods.
        (8) Assessing underground infrastructure and coordinating with 
    local transportation and utility providers.
        (9) Hiring staff to conduct any of the activities described in 
    paragraphs (1) through (8).
    (f) Priority.--In awarding grants to eligible entities under the 
program, the Secretary shall give priority to an eligible entity--
        (1) proposing to carry out an activity or project in a low-
    income community or a disadvantaged community;
        (2) that has entered into a community benefits agreement with 
    representatives of the community; or
        (3) that is partnering with a qualified youth or conservation 
    corps (as defined in section 203 of the Public Lands Corps Act of 
    1993 (16 U.S.C. 1722)).
    (g) Distribution Requirement.--Of the amounts made available to 
carry out the program for each fiscal year, not less than 80 percent 
shall be provided for projects in urbanized areas (as defined in 
section 101(a) of title 23, United States Code).
    (h) Federal Share.--
        (1) In general.--Except as provided under paragraph (2), the 
    Federal share of the cost of a project carried out under the 
    program shall be 80 percent.
        (2) Waiver.--The Secretary may increase the Federal share 
    requirement under paragraph (1) to 100 percent for projects carried 
    out by an eligible entity that demonstrates economic hardship, as 
    determined by the Secretary.
    (i) Maximum Grant Amount.--An individual grant under this section 
shall not exceed $15,000,000.
    (j) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under chapter 1 of title 23, United 
States Code.

                       Subtitle E--Miscellaneous

SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
    (a) In General.--Section 105 of title 23, United States Code, is 
repealed.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
105.
SEC. 11502. STOPPING THREATS ON PEDESTRIANS.
    (a) Definition of Bollard Installation Project.--In this section, 
the term ``bollard installation project'' means a project to install 
raised concrete or metal posts on a sidewalk adjacent to a roadway that 
are designed to slow or stop a motor vehicle.
    (b) Establishment.--Not later than 1 year after the date of 
enactment of this Act and subject to the availability of 
appropriations, the Secretary shall establish and carry out a 
competitive grant pilot program to provide assistance to State 
departments of transportation and local government entities for bollard 
installation projects designed to prevent pedestrian injuries and acts 
of terrorism in areas used by large numbers of pedestrians.
    (c) Application.--To be eligible to receive a grant under this 
section, a State department of transportation or local government 
entity shall submit to the Secretary an application at such time, in 
such form, and containing such information as the Secretary determines 
to be appropriate, which shall include, at a minimum--
        (1) a description of the proposed bollard installation project 
    to be carried out;
        (2) a description of the pedestrian injury or terrorism risks 
    with respect to the proposed installation area; and
        (3) an analysis of how the proposed bollard installation 
    project will mitigate those risks.
    (d) Use of Funds.--A recipient of a grant under this section may 
only use the grant funds for a bollard installation project.
    (e) Federal Share.--The Federal share of the costs of a bollard 
installation project carried out with a grant under this section may be 
up to 100 percent.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $5,000,000 for 
each of fiscal years 2022 through 2026.
    (g) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under chapter 1 of title 23, United 
States Code.
SEC. 11503. TRANSFER AND SALE OF TOLL CREDITS.
    (a) Definitions.--In this section:
        (1) Originating state.--The term ``originating State'' means a 
    State that--
            (A) is eligible to use a credit under section 120(i) of 
        title 23, United States Code; and
            (B) has been selected by the Secretary under subsection 
        (d)(2).
        (2) Pilot program.--The term ``pilot program'' means the pilot 
    program established under subsection (b).
        (3) Recipient state.--The term ``recipient State'' means a 
    State that receives a credit by transfer or by sale under this 
    section from an originating State.
        (4) State.--The term ``State'' has the meaning given the term 
    in section 101(a) of title 23, United States Code.
    (b) Establishment of Pilot Program.--The Secretary shall establish 
and implement a toll credit exchange pilot program in accordance with 
this section.
    (c) Purposes.--The purposes of the pilot program are--
        (1) to identify the extent of the demand to purchase toll 
    credits;
        (2) to identify the cash price of toll credits through 
    bilateral transactions between States;
        (3) to analyze the impact of the purchase or sale of toll 
    credits on transportation expenditures;
        (4) to test the feasibility of expanding the pilot program to 
    allow all States to participate on a permanent basis; and
        (5) to identify any other repercussions of the toll credit 
    exchange.
    (d) Selection of Originating States.--
        (1) Application.--In order to participate in the pilot program 
    as an originating State, a State shall submit to the Secretary an 
    application at such time, in such manner, and containing such 
    information as the Secretary may require, including, at a minimum, 
    such information as is required for the Secretary to verify--
            (A) the amount of unused toll credits for which the State 
        has submitted certification to the Secretary that are available 
        to be sold or transferred under the pilot program, including--
                (i) toll revenue generated and the sources of that 
            revenue;
                (ii) toll revenue used by public, quasi-public, and 
            private agencies to build, improve, or maintain highways, 
            bridges, or tunnels that serve the public purpose of 
            interstate commerce; and
                (iii) an accounting of any Federal funds used by the 
            public, quasi-public, or private agency to build, improve, 
            or maintain the toll facility, to validate that the credit 
            has been reduced by a percentage equal to the percentage of 
            the total cost of building, improving, or maintaining the 
            facility that was derived from Federal funds;
            (B) the documentation of maintenance of effort for toll 
        credits earned by the originating State; and
            (C) the accuracy of the accounting system of the State to 
        earn and track toll credits.
        (2) Selection.--Of the States that submit an application under 
    paragraph (1), the Secretary may select not more than 10 States to 
    be designated as an originating State.
        (3) Limitation on sales.--At any time, the Secretary may limit 
    the amount of unused toll credits that may be offered for sale 
    under the pilot program.
    (e) Transfer or Sale of Credits.--
        (1) In general.--In carrying out the pilot program, the 
    Secretary shall provide that an originating State may transfer or 
    sell to a recipient State a credit not previously used by the 
    originating State under section 120(i) of title 23, United States 
    Code.
        (2) Website support.--The Secretary shall make available a 
    publicly accessible website on which originating States shall post 
    the amount of toll credits, verified under subsection (d)(1)(A), 
    that are available for sale or transfer to a recipient State.
        (3) Bilateral transactions.--An originating State and a 
    recipient State may enter into a bilateral transaction to sell or 
    transfer verified toll credits.
        (4) Notification.--Not later than 30 days after the date on 
    which a credit is transferred or sold, the originating State and 
    the recipient State shall jointly submit to the Secretary a written 
    notification of the transfer or sale, including details on--
            (A) the amount of toll credits that have been sold or 
        transferred;
            (B) the price paid or other value transferred in exchange 
        for the toll credits;
            (C) the intended use by the recipient State of the toll 
        credits, if known;
            (D) the intended use by the originating State of the cash 
        or other value transferred;
            (E) an update on the toll credit balance of the originating 
        State and the recipient State; and
            (F) any other information about the transaction that the 
        Secretary may require.
        (5) Use of credits by transferee or purchaser.--A recipient 
    State may use a credit received under paragraph (1) toward the non-
    Federal share requirement for any funds made available to carry out 
    title 23 or chapter 53 of title 49, United States Code, in 
    accordance with section 120(i) of title 23, United States Code.
        (6) Use of proceeds from sale of credits.--An originating State 
    shall use the proceeds from the sale of a credit under paragraph 
    (1) for the construction costs of any project in the originating 
    State that is eligible under title 23, United States Code.
    (f) Reporting Requirements.--
        (1) Initial report.--Not later than 1 year after the date on 
    which the pilot program is established, the Secretary shall submit 
    to the Committee on Environment and Public Works of the Senate and 
    the Committee on Transportation and Infrastructure of the House of 
    Representatives a report on the progress of the pilot program.
        (2) Final report.--Not later than 3 years after the date on 
    which the pilot program is established, the Secretary shall--
            (A) submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report that--
                (i) determines whether a toll credit marketplace is 
            viable and cost-effective;
                (ii) describes the buying and selling activities under 
            the pilot program;
                (iii) describes the average sale price of toll credits;
                (iv) determines whether the pilot program could be 
            expanded to more States or all States or to non-State 
            operators of toll facilities;
                (v) provides updated information on the toll credit 
            balance accumulated by each State; and
                (vi) describes the list of projects that were assisted 
            by the pilot program; and
            (B) make the report under subparagraph (A) publicly 
        available on the website of the Department.
    (g) Termination.--
        (1) In general.--The Secretary may terminate the pilot program 
    or the participation of any State in the pilot program if the 
    Secretary determines that--
            (A) the pilot program is not serving a public benefit; or
            (B) it is not cost effective to carry out the pilot 
        program.
        (2) Procedures.--The termination of the pilot program or the 
    participation of a State in the pilot program shall be carried out 
    consistent with Federal requirements for project closeout, 
    adjustment, and continuing responsibilities.
SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING VEHICLES.
    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall initiate a study on the existing and 
future impacts of self-driving vehicles to transportation 
infrastructure, mobility, the environment, and safety, including 
impacts on--
        (1) the Interstate System (as defined in section 101(a) of 
    title 23, United States Code);
        (2) urban roads;
        (3) rural roads;
        (4) corridors with heavy traffic congestion;
        (5) transportation systems optimization; and
        (6) any other areas or issues relevant to operations of the 
    Federal Highway Administration that the Secretary determines to be 
    appropriate.
    (b) Contents of Study.--The study under subsection (a) shall 
include specific recommendations for both rural and urban communities 
regarding the impacts of self-driving vehicles on existing 
transportation system capacity.
    (c) Considerations.--In carrying out the study under subsection 
(a), the Secretary shall--
        (1) consider the need for and recommend any policy changes to 
    be undertaken by the Federal Highway Administration on the impacts 
    of self-driving vehicles as identified under paragraph (2); and
        (2) for both rural and urban communities, include a discussion 
    of--
            (A) the impacts that self-driving vehicles will have on 
        existing transportation infrastructure, such as signage and 
        markings, traffic lights, and highway capacity and design;
            (B) the impact on commercial and private traffic flows;
            (C) infrastructure improvement needs that may be necessary 
        for transportation infrastructure to accommodate self-driving 
        vehicles;
            (D) the impact of self-driving vehicles on the environment, 
        congestion, and vehicle miles traveled; and
            (E) the impact of self-driving vehicles on mobility.
    (d) Coordination.--In carrying out the study under subsection (a), 
the Secretary shall consider and incorporate relevant current and 
ongoing research of the Department.
    (e) Consultation.--In carrying out the study under subsection (a), 
the Secretary shall convene and consult with a panel of national 
experts in both rural and urban transportation, including--
        (1) operators and users of the Interstate System (as defined in 
    section 101(a) of title 23, United States Code), including private 
    sector stakeholders;
        (2) States and State departments of transportation;
        (3) metropolitan planning organizations;
        (4) the motor carrier industry;
        (5) representatives of public transportation agencies or 
    organizations;
        (6) highway safety and academic groups;
        (7) nonprofit entities with experience in transportation 
    policy;
        (8) National Laboratories (as defined in section 2 of the 
    Energy Policy Act of 2005 (42 U.S.C. 15801));
        (9) environmental stakeholders; and
        (10) self-driving vehicle producers, manufacturers, and 
    technology developers.
    (f) Report.--Not later than 1 year after the date on which the 
study under subsection (a) is initiated, the Secretary shall submit a 
report on the results of the study to--
        (1) the Committee on Environment and Public Works of the 
    Senate; and
        (2) the Committee on Transportation and Infrastructure of the 
    House of Representatives.
SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.
    (a) Definition of Local Community.--In this section, the term 
``local community'' means--
        (1) a unit of local government;
        (2) a political subdivision of a State or local government;
        (3) a metropolitan planning organization (as defined in section 
    134(b) of title 23, United States Code);
        (4) a rural planning organization; or
        (5) a Tribal government.
    (b) Study.--
        (1) In general.--The Secretary shall carry out a study to 
    determine the utility of incorporating the use of bicycles into the 
    disaster preparedness and disaster response plans of local 
    communities.
        (2) Requirements.--The study carried out under paragraph (1) 
    shall include--
            (A) a vulnerability assessment of the infrastructure in 
        local communities as of the date of enactment of this Act that 
        supports active transportation, including bicycling, walking, 
        and personal mobility devices, with a particular focus on areas 
        in local communities that--
                (i) have low levels of vehicle ownership; and
                (ii) lack sufficient active transportation 
            infrastructure routes to public transportation;
            (B) an evaluation of whether disaster preparedness and 
        disaster response plans should include the use of bicycles by 
        first responders, emergency workers, and community organization 
        representatives--
                (i) during a mandatory or voluntary evacuation ordered 
            by a Federal, State, Tribal, or local government entity--

                    (I) to notify residents of the need to evacuate;
                    (II) to evacuate individuals and goods; and
                    (III) to reach individuals who are in need of first 
                aid and medical assistance; and

                (ii) after a disaster or emergency declared by a 
            Federal, State, Tribal, or local government entity--

                    (I) to participate in search and rescue activities;
                    (II) to carry commodities to be used for life-
                saving or life-sustaining purposes, including--

                        (aa) water;
                        (bb) food;
                        (cc) first aid and other medical supplies; and
                        (dd) power sources and electric supplies, such 
                    as cell phones, radios, lights, and batteries;

                    (III) to reach individuals who are in need of the 
                commodities described in subclause (II); and
                    (IV) to assist with other disaster relief tasks, as 
                appropriate; and

            (C) a review of training programs for first responders, 
        emergency workers, and community organization representatives 
        relating to--
                (i) competent bicycle skills, including the use of 
            cargo bicycles and electric bicycles, as applicable;
                (ii) basic bicycle maintenance;
                (iii) compliance with relevant traffic safety laws;
                (iv) methods to use bicycles to carry out the 
            activities described in clauses (i) and (ii) of 
            subparagraph (2)(B); and
                (v) exercises conducted for the purpose of--

                    (I) exercising the skills described in clause (i); 
                and
                    (II) maintaining bicycles and related equipment.

    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that--
        (1) describes the results of the study carried out under 
    subsection (b); and
        (2) provides recommendations, if any, relating to--
            (A) the methods by which to incorporate bicycles into 
        disaster preparedness and disaster response plans of local 
        communities; and
            (B) improvements to training programs described in 
        subsection (b)(2)(C).
SEC. 11506. APPALACHIAN REGIONAL COMMISSION.
    (a) Definitions.--Section 14102(a)(1) of title 40, United States 
Code, is amended--
        (1) in subparagraph (G)--
            (A) by inserting ``Catawba,'' after ``Caldwell,''; and
            (B) by inserting ``Cleveland,'' after ``Clay,'';
        (2) in subparagraph (J), by striking ``and Spartanburg'' and 
    inserting ``Spartanburg, and Union''; and
        (3) in subparagraph (M), by inserting ``, of which the counties 
    of Brooke, Hancock, Marshall, and Ohio shall be considered to be 
    located in the North Central subregion'' after ``West Virginia''.
    (b) Functions.--Section 14303(a) of title 40, United States Code, 
is amended--
        (1) in paragraph (9), by striking ``and'' at the end;
        (2) in paragraph (10), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(11) support broadband access in the Appalachian region.''.
    (c) Congressional Notification.--
        (1) In general.--Subchapter II of chapter 143 of subtitle IV of 
    title 40, United States Code, is amended by adding at the end the 
    following:
``Sec. 14323. Congressional notification
    ``(a) In General.--In the case of a project described in subsection 
(b), the Appalachian Regional Commission shall provide to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate notice 
of the award of a grant or other financial assistance not less than 3 
full business days before awarding the grant or other financial 
assistance.
    ``(b) Projects Described.--A project referred to in subsection (a) 
is a project that the Appalachian Regional Commission has selected to 
receive a grant or other financial assistance under this subtitle in an 
amount not less than $50,000.''.
        (2) Clerical amendment.--The analysis for subchapter II of 
    chapter 143 of subtitle IV of title 40, United States Code, is 
    amended by adding at the end the following:
``14323. Congressional notification.''.

    (d) High-speed Broadband Deployment Initiative.--Section 14509 of 
title 40, United States Code, is amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--The Appalachian Regional Commission may provide 
technical assistance, make grants, enter into contracts, or otherwise 
provide amounts to individuals or entities in the Appalachian region 
for projects and activities to increase affordable access to broadband 
networks throughout the Appalachian region.'';
        (2) by redesignating subsections (b) through (d) as subsections 
    (c) through (e), respectively;
        (3) by inserting after subsection (a) the following:
    ``(b) Eligible Projects and Activities.--A project or activity 
eligible to be carried out under this section is a project or 
activity--
        ``(1) to conduct research, analysis, and training to increase 
    broadband adoption efforts in the Appalachian region; or
        ``(2) for the construction and deployment of broadband service-
    related infrastructure in the Appalachian region.'';
        (4) in subsection (d) (as so redesignated), in the matter 
    preceding paragraph (1), by striking ``subsection (b)'' and 
    inserting ``subsection (c)''; and
        (5) by adding at the end the following:
    ``(f) Request for Data.--Before making a grant for a project or 
activity described in subsection (b)(2), the Appalachian Regional 
Commission shall request from the Federal Communications Commission, 
the National Telecommunications and Information Administration, the 
Economic Development Administration, and the Department of Agriculture 
data on--
        ``(1) the level and extent of broadband service that exists in 
    the area proposed to be served by the broadband service-related 
    infrastructure; and
        ``(2) the level and extent of broadband service that will be 
    deployed in the area proposed to be served by the broadband 
    service-related infrastructure pursuant to another Federal program.
    ``(g) Requirement.--For each fiscal year, not less than 65 percent 
of the amounts made available to carry out this section shall be used 
for grants for projects and activities described in subsection 
(b)(2).''.
    (e) Appalachian Regional Energy Hub Initiative.--
        (1) In general.--Subchapter I of chapter 145 of subtitle IV of 
    title 40, United States Code, is amended by adding at the end the 
    following:
``Sec. 14511. Appalachian regional energy hub initiative
    ``(a) In General.--The Appalachian Regional Commission may provide 
technical assistance to, make grants to, enter into contracts with, or 
otherwise provide amounts to individuals or entities in the Appalachian 
region for projects and activities--
        ``(1) to conduct research and analysis regarding the economic 
    impact of an ethane storage hub in the Appalachian region that 
    supports a more-effective energy market performance due to the 
    scale of the project, such as a project with the capacity to store 
    and distribute more than 100,000 barrels per day of hydrocarbon 
    feedstock with a minimum gross heating value of 1,700 Btu per 
    standard cubic foot;
        ``(2) with the potential to significantly contribute to the 
    economic resilience of the area in which the project is located; 
    and
        ``(3) that will help establish a regional energy hub in the 
    Appalachian region for natural gas and natural gas liquids, 
    including hydrogen produced from the steam methane reforming of 
    natural gas feedstocks.
    ``(b) Limitation on Available Amounts.--Of the cost of any project 
or activity eligible for a grant under this section--
        ``(1) except as provided in paragraphs (2) and (3), not more 
    than 50 percent may be provided from amounts made available to 
    carry out this section;
        ``(2) in the case of a project or activity to be carried out in 
    a county for which a distressed county designation is in effect 
    under section 14526, not more than 80 percent may be provided from 
    amounts made available to carry out this section; and
        ``(3) in the case of a project or activity to be carried out in 
    a county for which an at-risk county designation is in effect under 
    section 14526, not more than 70 percent may be provided from 
    amounts made available to carry out this section.
    ``(c) Sources of Assistance.--Subject to subsection (b), a grant 
provided under this section may be provided from amounts made available 
to carry out this section, in combination with amounts made available--
        ``(1) under any other Federal program; or
        ``(2) from any other source.
    ``(d) Federal Share.--Notwithstanding any provision of law limiting 
the Federal share under any other Federal program, amounts made 
available to carry out this section may be used to increase that 
Federal share, as the Appalachian Regional Commission determines to be 
appropriate.''.
        (2) Clerical amendment.--The analysis for subchapter I of 
    chapter 145 of title 40, United States Code, is amended by adding 
    at the end the following:
``14511. Appalachian regional energy hub initiative.''.

    (f) Authorization of Appropriations.--Section 14703 of title 40, 
United States Code, is amended--
        (1) in subsection (a)--
            (A) in paragraph (4), by striking ``and'' at the end;
            (B) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(6) $200,000,000 for each of fiscal years 2022 through 
    2026.'';
        (2) in subsection (c), by striking ``$10,000,000 may be used to 
    carry out section 14509 for each of fiscal years 2016 through 
    2021'' and inserting ``$20,000,000 may be used to carry out section 
    14509 for each of fiscal years 2022 through 2026'';
        (3) by redesignating subsections (d) and (e) as subsections (e) 
    and (f), respectively; and
        (4) by inserting after subsection (c) the following:
    ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts 
made available under subsection (a), $5,000,000 shall be used to carry 
out section 14511 for each of fiscal years 2022 through 2026.''.
    (g) Termination.--Section 14704 of title 40, United States Code, is 
amended by striking ``2021'' and inserting ``2026''.
SEC. 11507. DENALI COMMISSION.
    (a) Denali Access System Program.--Notwithstanding subsection (j) 
of section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 
note; Public Law 105-277), there is authorized to be appropriated 
$20,000,000 for each of fiscal years 2022 through 2026 to carry out 
that section.
    (b) Transfers of Funds.--Section 311(c) of the Denali Commission 
Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
        (1) in paragraph (1), by striking ``and'' at the end;
        (2) in paragraph (2), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(3) notwithstanding any other provision of law, shall--
            ``(A) be treated as if directly appropriated to the 
        Commission and subject to applicable provisions of this Act; 
        and
            ``(B) not be subject to any requirements that applied to 
        the funds before the transfer, including a requirement in an 
        appropriations Act or a requirement or regulation of the 
        Federal agency from which the funds are transferred.''.
SEC. 11508. REQUIREMENTS FOR TRANSPORTATION PROJECTS CARRIED OUT 
THROUGH PUBLIC-PRIVATE PARTNERSHIPS.
    (a) Definitions.--In this section:
        (1) Project.--The term ``project'' means a project (as defined 
    in section 101 of title 23, United States Code) that--
            (A) is carried out, in whole or in part, using Federal 
        financial assistance; and
            (B) has an estimated total cost of $100,000,000 or more.
        (2) Public-private partnership.--The term ``public-private 
    partnership'' means an agreement between a public agency and a 
    private entity to finance, build, and maintain or operate a 
    project.
    (b) Requirements for Projects Carried Out Through Public-private 
Partnerships.--With respect to a public-private partnership, as a 
condition of receiving Federal financial assistance for a project, the 
Secretary shall require the public partner, not later than 3 years 
after the date of opening of the project to traffic--
        (1) to conduct a review of the project, including a review of 
    the compliance of the private partner with the terms of the public-
    private partnership agreement;
        (2)(A) to certify to the Secretary that the private partner of 
    the public-private partnership is meeting the terms of the public-
    private partnership agreement for the project; or
        (B) to notify the Secretary that the private partner of the 
    public-private partnership has not met 1 or more of the terms of 
    the public-private partnership agreement for the project, including 
    a brief description of each violation of the public-private 
    partnership agreement; and
        (3) to make publicly available the certification or 
    notification, as applicable, under paragraph (2) in a form that 
    does not disclose any proprietary or confidential business 
    information.
    (c) Notification.--If the Secretary provides Federal financial 
assistance to a project carried out through a public-private 
partnership, not later than 30 days after the date on which the Federal 
financial assistance is first obligated, the Secretary shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a notification of the Federal financial assistance made 
available for the project.
    (d) Value for Money Analysis.--
        (1) Project approval and oversight.--Section 106(h)(3) of title 
    23, United States Code, is amended--
            (A) in subparagraph (C), by striking ``and'' at the end;
            (B) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (C) by inserting after subparagraph (C) the following:
            ``(D) for a project in which the project sponsor intends to 
        carry out the project through a public-private partnership 
        agreement, shall include a detailed value for money analysis or 
        similar comparative analysis for the project; and''.
        (2) Surface transportation block grant program.--Paragraph (21) 
    of section 133(b) of title 23, United States Code (as redesignated 
    by section 1109(a)(1)(C)), is amended by inserting ``, including 
    conducting value for money analyses or similar comparative 
    analyses,'' after ``oversight''.
        (3) TIFIA.--Section 602(a) of title 23, United States Code, is 
    amended by adding at the end the following:
        ``(11) Public-private partnerships.--In the case of a project 
    to be carried out through a public-private partnership, the public 
    partner shall have--
            ``(A) conducted a value for money analysis or similar 
        comparative analysis; and
            ``(B) determined the appropriateness of the public-private 
        partnership agreement.''.
    (e) Applicability.--This section and the amendments made by this 
section shall only apply to a public-private partnership agreement 
entered into on or after the date of enactment of this Act.
SEC. 11509. RECONNECTING COMMUNITIES PILOT PROGRAM.
    (a) Definition of Eligible Facility.--
        (1) In general.--In this section, the term ``eligible 
    facility'' means a highway or other transportation facility that 
    creates a barrier to community connectivity, including barriers to 
    mobility, access, or economic development, due to high speeds, 
    grade separations, or other design factors.
        (2) Inclusions.--In this section, the term ``eligible 
    facility'' may include--
            (A) a limited access highway;
            (B) a viaduct; and
            (C) any other principal arterial facility.
    (b) Establishment.--The Secretary shall establish a pilot program 
through which an eligible entity may apply for funding, in order to 
restore community connectivity--
        (1) to study the feasibility and impacts of removing, 
    retrofitting, or mitigating an existing eligible facility;
        (2) to conduct planning activities necessary to design a 
    project to remove, retrofit, or mitigate an existing eligible 
    facility; and
        (3) to conduct construction activities necessary to carry out a 
    project to remove, retrofit, or mitigate an existing eligible 
    facility.
    (c) Planning Grants.--
        (1) Eligible entities.--The Secretary may award a grant 
    (referred to in this section as a ``planning grant'') to carry out 
    planning activities described in paragraph (2) to--
            (A) a State;
            (B) a unit of local government;
            (C) a Tribal government;
            (D) a metropolitan planning organization; and
            (E) a nonprofit organization.
        (2) Eligible activities described.--The planning activities 
    referred to in paragraph (1) are--
            (A) planning studies to evaluate the feasibility of 
        removing, retrofitting, or mitigating an existing eligible 
        facility to restore community connectivity, including 
        evaluations of--
                (i) current traffic patterns on the eligible facility 
            proposed for removal, retrofit, or mitigation and the 
            surrounding street network;
                (ii) the capacity of existing transportation networks 
            to maintain mobility needs;
                (iii) an analysis of alternative roadway designs or 
            other uses for the right-of-way of the eligible facility, 
            including an analysis of whether the available right-of-way 
            would suffice to create an alternative roadway design;
                (iv) the effect of the removal, retrofit, or mitigation 
            of the eligible facility on the mobility of freight and 
            people;
                (v) the effect of the removal, retrofit, or mitigation 
            of the eligible facility on the safety of the traveling 
            public;
                (vi) the cost to remove, retrofit, or mitigate the 
            eligible facility--

                    (I) to restore community connectivity; and
                    (II) to convert the eligible facility to a 
                different roadway design or use, compared to any 
                expected costs for necessary maintenance or 
                reconstruction of the eligible facility;

                (vii) the anticipated economic impact of removing, 
            retrofitting, or mitigating and converting the eligible 
            facility and any economic development opportunities that 
            would be created by removing, retrofitting, or mitigating 
            and converting the eligible facility; and
                (viii) the environmental impacts of retaining or 
            reconstructing the eligible facility and the anticipated 
            effect of the proposed alternative use or roadway design;
            (B) public engagement activities to provide opportunities 
        for public input into a plan to remove and convert an eligible 
        facility; and
            (C) other transportation planning activities required in 
        advance of a project to remove, retrofit, or mitigate an 
        existing eligible facility to restore community connectivity, 
        as determined by the Secretary.
        (3) Technical assistance program.--
            (A) In general.--The Secretary may provide technical 
        assistance described in subparagraph (B) to an eligible entity.
            (B) Technical assistance described.--The technical 
        assistance referred to in subparagraph (A) is technical 
        assistance in building organizational or community capacity--
                (i) to engage in transportation planning; and
                (ii) to identify innovative solutions to infrastructure 
            challenges, including reconnecting communities that--

                    (I) are bifurcated by eligible facilities; or
                    (II) lack safe, reliable, and affordable 
                transportation choices.

            (C) Priorities.--In selecting recipients of technical 
        assistance under subparagraph (A), the Secretary shall give 
        priority to an application from a community that is 
        economically disadvantaged.
        (4) Selection.--The Secretary shall--
            (A) solicit applications for--
                (i) planning grants; and
                (ii) technical assistance under paragraph (3); and
            (B) evaluate applications for a planning grant on the basis 
        of the demonstration by the applicant that--
                (i) the eligible facility is aged and is likely to need 
            replacement or significant reconstruction within the 20-
            year period beginning on the date of the submission of the 
            application;
                (ii) the eligible facility--

                    (I) creates barriers to mobility, access, or 
                economic development; or
                    (II) is not justified by current and forecast 
                future travel demand; and

                (iii) on the basis of preliminary investigations into 
            the feasibility of removing, retrofitting, or mitigating 
            the eligible facility to restore community connectivity, 
            further investigation is necessary and likely to be 
            productive.
        (5) Award amounts.--A planning grant may not exceed $2,000,000 
    per recipient.
        (6) Federal share.--The total Federal share of the cost of a 
    planning activity for which a planning grant is used shall not 
    exceed 80 percent.
    (d) Capital Construction Grants.--
        (1) Eligible entities.--The Secretary may award a grant 
    (referred to in this section as a ``capital construction grant'') 
    to the owner of an eligible facility to carry out an eligible 
    project described in paragraph (3) for which all necessary 
    feasibility studies and other planning activities have been 
    completed.
        (2) Partnerships.--An owner of an eligible facility may, for 
    the purposes of submitting an application for a capital 
    construction grant, if applicable, partner with--
            (A) a State;
            (B) a unit of local government;
            (C) a Tribal government;
            (D) a metropolitan planning organization; or
            (E) a nonprofit organization.
        (3) Eligible projects.--A project eligible to be carried out 
    with a capital construction grant includes--
            (A) the removal, retrofit, or mitigation of an eligible 
        facility; and
            (B) the replacement of an eligible facility with a new 
        facility that--
                (i) restores community connectivity; and
                (ii) is--

                    (I) sensitive to the context of the surrounding 
                community; and
                    (II) otherwise eligible for funding under title 23, 
                United States Code.

        (4) Selection.--The Secretary shall--
            (A) solicit applications for capital construction grants; 
        and
            (B) evaluate applications on the basis of--
                (i) the degree to which the project will improve 
            mobility and access through the removal of barriers;
                (ii) the appropriateness of removing, retrofitting, or 
            mitigating the eligible facility, based on current traffic 
            patterns and the ability of the replacement facility and 
            the regional transportation network to absorb 
            transportation demand and provide safe mobility and access;
                (iii) the impact of the project on freight movement;
                (iv) the results of a cost-benefit analysis of the 
            project;
                (v) the opportunities for inclusive economic 
            development;
                (vi) the degree to which the eligible facility is out 
            of context with the current or planned land use;
                (vii) the results of any feasibility study completed 
            for the project; and
                (viii) the plan of the applicant for--

                    (I) employing residents in the area impacted by the 
                project through targeted hiring programs, in 
                partnership with registered apprenticeship programs, if 
                applicable; and
                    (II) contracting and subcontracting with 
                disadvantaged business enterprises.

        (5) Minimum award amounts.--A capital construction grant shall 
    be in an amount not less than $5,000,000 per recipient.
        (6) Federal share.--
            (A) In general.--Subject to subparagraph (B), a capital 
        construction grant may not exceed 50 percent of the total cost 
        of the project for which the grant is awarded.
            (B) Maximum federal involvement.--Federal assistance other 
        than a capital construction grant may be used to satisfy the 
        non-Federal share of the cost of a project for which the grant 
        is awarded, except that the total Federal assistance provided 
        for a project for which the grant is awarded may not exceed 80 
        percent of the total cost of the project.
        (7) Community advisory board.--
            (A) In general.--To help achieve inclusive economic 
        development benefits with respect to the project for which a 
        grant is awarded, a grant recipient may form a community 
        advisory board, which shall--
                (i) facilitate community engagement with respect to the 
            project; and
                (ii) track progress with respect to commitments of the 
            grant recipient to inclusive employment, contracting, and 
            economic development under the project.
            (B) Membership.--If a grant recipient forms a community 
        advisory board under subparagraph (A), the community advisory 
        board shall be composed of representatives of--
                (i) the community;
                (ii) owners of businesses that serve the community;
                (iii) labor organizations that represent workers that 
            serve the community; and
                (iv) State and local government.
    (e) Reports.--
        (1) USDOT report on program.--Not later than January 1, 2026, 
    the Secretary shall submit to the Committee on Environment and 
    Public Works of the Senate and the Committee on Transportation and 
    Infrastructure of the House of Representatives a report that 
    evaluates the program under this section, including--
            (A) information about the level of applicant interest in 
        planning grants, technical assistance under subsection (c)(3), 
        and capital construction grants, including the extent to which 
        overall demand exceeded available funds; and
            (B) for recipients of capital construction grants, the 
        outcomes and impacts of the highway removal project, 
        including--
                (i) any changes in the overall level of mobility, 
            congestion, access, and safety in the project area; and
                (ii) environmental impacts and economic development 
            opportunities in the project area.
        (2) GAO report on highway removals.--Not later than 2 years 
    after the date of enactment of this Act, the Comptroller General of 
    the United States shall issue a report that--
            (A) identifies examples of projects to remove highways 
        using Federal highway funds;
            (B) evaluates the effect of highway removal projects on the 
        surrounding area, including impacts to the local economy, 
        congestion effects, safety outcomes, and impacts on the 
        movement of freight and people;
            (C) evaluates the existing Federal-aid program eligibility 
        under title 23, United States Code, for highway removal 
        projects;
            (D) analyzes the costs and benefits of and barriers to 
        removing underutilized highways that are nearing the end of 
        their useful life compared to replacing or reconstructing the 
        highway; and
            (E) provides recommendations for integrating those 
        assessments into transportation planning and decision-making 
        processes.
    (f) Technical Assistance.--Of the funds made available to carry out 
this section for planning grants, the Secretary may use not more than 
$15,000,000 during the period of fiscal years 2022 through 2026 to 
provide technical assistance under subsection (c)(3).
    (g) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under chapter 1 of title 23, United 
States Code.
SEC. 11510. CYBERSECURITY TOOL; CYBER COORDINATOR.
    (a) Definitions.--In this section:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Federal Highway Administration.
        (2) Cyber incident.--The term ``cyber incident'' has the 
    meaning given the term ``incident'' in section 3552 of title 44, 
    United States Code.
        (3) Transportation authority.--The term ``transportation 
    authority'' means--
            (A) a public authority (as defined in section 101(a) of 
        title 23, United States Code);
            (B) an owner or operator of a highway (as defined in 
        section 101(a) of title 23, United States Code);
            (C) a manufacturer that manufactures a product related to 
        transportation; and
            (D) a division office of the Federal Highway 
        Administration.
    (b) Cybersecurity Tool.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Administrator shall develop a tool to 
    assist transportation authorities in identifying, detecting, 
    protecting against, responding to, and recovering from cyber 
    incidents.
        (2) Requirements.--In developing the tool under paragraph (1), 
    the Administrator shall--
            (A) use the cybersecurity framework established by the 
        National Institute of Standards and Technology and required by 
        Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739; 
        relating to improving critical infrastructure cybersecurity);
            (B) establish a structured cybersecurity assessment and 
        development program;
            (C) coordinate with the Transportation Security 
        Administration and the Cybersecurity and Infrastructure 
        Security Agency;
            (D) consult with appropriate transportation authorities, 
        operating agencies, industry stakeholders, and cybersecurity 
        experts; and
            (E) provide for a period of public comment and review on 
        the tool.
    (c) Designation of Cyber Coordinator.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Administrator shall designate an office 
    as a ``cyber coordinator'', which shall be responsible for 
    monitoring, alerting, and advising transportation authorities of 
    cyber incidents.
        (2) Requirements.--The office designated under paragraph (1) 
    shall, in coordination with the Transportation Security 
    Administration and the Cybersecurity and Infrastructure Security 
    Agency--
            (A) provide to transportation authorities a secure method 
        of notifying the Federal Highway Administration of cyber 
        incidents;
            (B) share the information collected under subparagraph (A) 
        with the Transportation Security Administration and the 
        Cybersecurity and Infrastructure Security Agency;
            (C) monitor cyber incidents that affect transportation 
        authorities;
            (D) alert transportation authorities to cyber incidents 
        that affect those transportation authorities;
            (E) investigate unaddressed cyber incidents that affect 
        transportation authorities; and
            (F) provide to transportation authorities educational 
        resources, outreach, and awareness on fundamental principles 
        and best practices in cybersecurity for transportation systems.
SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND 
INFRASTRUCTURE.
    (a) Definitions.--In this section:
        (1) Emerging alternative fuel vehicle.--The term ``emerging 
    alternative fuel vehicle'' means a vehicle fueled by hydrogen, 
    natural gas, or propane.
        (2) Emerging alternative fueling infrastructure.--The term 
    ``emerging alternative fueling infrastructure'' means 
    infrastructure for fueling an emerging alternative fuel vehicle.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, to help guide future investments for emerging alternative 
fueling infrastructure, the Secretary shall submit to Congress and make 
publicly available a report that--
        (1) includes an evaluation of emerging alternative fuel 
    vehicles and projections for potential locations of emerging 
    alternative fuel vehicle owners during the 5-year period beginning 
    on the date of submission of the report;
        (2) identifies areas where emerging alternative fueling 
    infrastructure will be needed to meet the current and future needs 
    of drivers during the 5-year period beginning on the date of 
    submission of the report;
        (3) identifies specific areas, such as a lack of pipeline 
    infrastructure, that may impede deployment and adoption of emerging 
    alternative fuel vehicles;
        (4) includes a map that identifies concentrations of emerging 
    alternative fuel vehicles to meet the needs of current and future 
    emerging alternative fueling infrastructure;
        (5) estimates the future need for emerging alternative fueling 
    infrastructure to support the adoption and use of emerging 
    alternative fuel vehicles; and
        (6) includes a tool to allow States to compare and evaluate 
    different adoption and use scenarios for emerging alternative fuel 
    vehicles, with the ability to adjust factors to account for 
    regionally specific characteristics.
SEC. 11512. NONHIGHWAY RECREATIONAL FUEL STUDY.
    (a) Definitions.--In this section:
        (1) Highway trust fund.--The term ``Highway Trust Fund'' means 
    the Highway Trust Fund established by section 9503(a) of the 
    Internal Revenue Code of 1986.
        (2) Nonhighway recreational fuel taxes.--The term ``nonhighway 
    recreational fuel taxes'' means taxes under section 4041 and 4081 
    of the Internal Revenue Code of 1986 with respect to fuel used in 
    vehicles on recreational trails or back country terrain (including 
    vehicles registered for highway use when used on recreational 
    trails, trail access roads not eligible for funding under title 23, 
    United States Code, or back country terrain).
        (3) Recreational trails program.--The term ``recreational 
    trails program'' means the recreational trails program under 
    section 206 of title 23, United States Code.
    (b) Assessment; Report.--
        (1) Assessment.--Not later than 1 year after the date of 
    enactment of this Act and not less frequently than once every 5 
    years thereafter, as determined by the Secretary, the Secretary 
    shall carry out an assessment of the best available estimate of the 
    total amount of nonhighway recreational fuel taxes received by the 
    Secretary of the Treasury and transferred to the Highway Trust Fund 
    for the period covered by the assessment.
        (2) Report.--After carrying out each assessment under paragraph 
    (1), the Secretary shall submit to the Committees on Finance and 
    Environment and Public Works of the Senate and the Committees on 
    Ways and Means and Transportation and Infrastructure of the House 
    of Representatives a report that includes--
            (A) to assist Congress in determining an appropriate 
        funding level for the recreational trails program--
                (i) a description of the results of the assessment; and
                (ii) an evaluation of whether the current recreational 
            trails program funding level reflects the amount of 
            nonhighway recreational fuel taxes collected and 
            transferred to the Highway Trust Fund; and
            (B) in the case of the first report submitted under this 
        paragraph, an estimate of the frequency with which the 
        Secretary anticipates carrying out the assessment under 
        paragraph (1), subject to the condition that such an assessment 
        shall be carried out not less frequently than once every 5 
        years.
    (c) Consultation.--In carrying out an assessment under subsection 
(b)(1), the Secretary may consult with, as the Secretary determines to 
be appropriate--
        (1) the heads of--
            (A) State agencies designated by Governors pursuant to 
        section 206(c)(1) of title 23, United States Code, to 
        administer the recreational trails program; and
            (B) division offices of the Department;
        (2) the Secretary of the Treasury;
        (3) the Administrator of the Federal Highway Administration; 
    and
        (4) groups representing recreational activities and interests, 
    including hiking, biking and mountain biking, horseback riding, 
    water trails, snowshoeing, cross-country skiing, snowmobiling, off-
    highway motorcycling, all-terrain vehicles and other offroad 
    motorized vehicle activities, and recreational trail advocates.
SEC. 11513. BUY AMERICA.
    Section 313 of title 23, United States Code, is amended--
        (1) by redesignating subsection (g) as subsection (h); and
        (2) by inserting after subsection (f) the following:
    ``(g) Waivers.--
        ``(1) In general.--Not less than 15 days before issuing a 
    waiver under this section, the Secretary shall provide to the 
    public--
            ``(A) notice of the proposed waiver;
            ``(B) an opportunity for comment on the proposed waiver; 
        and
            ``(C) the reasons for the proposed waiver.
        ``(2) Report.--Not less frequently than annually, the Secretary 
    shall submit to the Committee on Environment and Public Works of 
    the Senate and the Committee on Transportation and Infrastructure 
    of the House of Representatives a report on the waivers provided 
    under this section.''.
SEC. 11514. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM.
    (a) High Priority Corridors.--Section 1105(c) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 
Stat. 2032; 133 Stat. 3018) is amended--
        (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, 
        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 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 (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) In general.--Not later than 2 years after the date on 
        which the applicable segment is open for operations as part of 
        the Interstate System, the Comptroller General of the United 
        States shall submit to Congress a report on the impact, if any, 
        during that 2-year period of allowing the continuation of 
        weight limits that applied before the designation of the 
        applicable segment as a route on the Interstate System.
            (B) Requirements.--The report under subparagraph (A) 
        shall--
                (i) be informed by the views and documentation provided 
            by the State highway agency (or equivalent agency) in the 
            State in which the applicable segment is located;
                (ii) describe any impacts on safety and infrastructure 
            on the applicable segment;
                (iii) describe any view of the State highway agency (or 
            equivalent agency) in the State in which the applicable 
            segment is located on the impact of the applicable segment; 
            and
                (iv) focus only on the applicable segment.
SEC. 11515. INTERSTATE WEIGHT LIMITS.
    Section 127 of title 23, United States Code, is amended--
        (1) in subsection (l)(3)(A)--
            (A) in the matter preceding clause (i), in the first 
        sentence, by striking ``clauses (i) through (iv) of this 
        subparagraph'' and inserting ``clauses (i) through (v)''; and
            (B) by adding at the end the following:
                ``(v) The Louie B. Nunn Cumberland Expressway (to be 
            designated as a spur of Interstate Route 65) from the 
            interchange with Interstate Route 65 in Barren County, 
            Kentucky, east to the interchange with United States 
            Highway 27 in Somerset, Kentucky.''; and
        (2) by adding at the end the following:
    ``(v) Operation of Vehicles on Certain North Carolina Highways.--If 
any segment in the State of North Carolina of United States Route 17, 
United States Route 29, United States Route 52, United States Route 64, 
United States Route 70, United States Route 74, United States Route 
117, United States Route 220, United States Route 264, or United States 
Route 421 is designated as a route on the Interstate System, a vehicle 
that could operate legally on that segment before the date of such 
designation may continue to operate on that segment, without regard to 
any requirement under subsection (a).
    ``(w) Operation of Vehicles on Certain Oklahoma Highways.--If any 
segment of the highway referred to in paragraph (96) of section 1105(c) 
of the Intermodal Surface Transportation Efficiency Act of 1991 (Public 
Law 102-240; 105 Stat. 2032) is designated as a route on the Interstate 
System, a vehicle that could operate legally on that segment before the 
date of such designation may continue to operate on that segment, 
without any regard to any requirement under this section.''.
SEC. 11516. REPORT ON AIR QUALITY IMPROVEMENTS.
    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
a report that evaluates the congestion mitigation and air quality 
improvement program under section 149 of title 23, United States Code 
(referred to in this section as the ``program''), to--
        (1) the Committee on Environment and Public Works of the 
    Senate; and
        (2) the Committee on Transportation and Infrastructure of the 
    House of Representatives.
    (b) Contents.--The evaluation under subsection (a) shall include an 
evaluation of--
        (1) the reductions of ozone, carbon monoxide, and particulate 
    matter that result from projects under the program;
        (2) the cost-effectiveness of the reductions described in 
    paragraph (1);
        (3) the result of investments of funding under the program in 
    minority and low-income communities that are disproportionately 
    affected by ozone, carbon monoxide, and particulate matter;
        (4) the effectiveness, with respect to the attainment or 
    maintenance of national ambient air quality standards under section 
    109 of the Clean Air Act (42 U.S.C. 7409) for ozone, carbon 
    monoxide, and particulate matter, of performance measures 
    established under section 150(c)(5) of title 23, United States 
    Code, and performance targets established under subsection (d) of 
    that section for traffic congestion and on-road mobile source 
    emissions;
        (5) the extent to which there are any types of projects that 
    are not eligible funding under the program that would be likely to 
    contribute to the attainment or maintenance of the national ambient 
    air quality standards described in paragraph (4); and
        (6) the extent to which projects under the program reduce 
    sulfur dioxide, nitrogen dioxide, and lead.
SEC. 11517. ROADSIDE HIGHWAY SAFETY HARDWARE.
    (a) In General.--To the maximum extent practicable, the Secretary 
shall develop a process for third party verification of full-scale 
crash testing results from crash test labs, including a method for 
formally verifying the testing outcomes and providing for an 
independent pass/fail determination. In establishing such a process, 
the Secretary shall seek to ensure the independence of crash test labs 
by ensuring that those labs have a clear separation between device 
development and testing in cases in which lab employees test devices 
that were developed within the parent organization of the employee.
    (b) Continued Issuance of Eligibility Letters.--Until the 
implementation of the process described in subsection (a) is complete, 
the Secretary may, and is encouraged to, ensure that the Administrator 
of the Federal Highway Administration continues to issue Federal-aid 
reimbursement eligibility letters for roadside safety hardware as a 
service to States.
    (c) Report to Congress.--
        (1) In general.--If the Secretary seeks to discontinue issuing 
    the letters described in subsection (b), the Secretary shall submit 
    to the Committee on Environment and Public Works of the Senate and 
    the Committee on Transportation and Infrastructure of the House of 
    Representatives a report at least 1 year before discontinuing the 
    letters.
        (2) Inclusions.--The report described in paragraph (1) shall 
    include a summary of the third-party verification process described 
    in subsection (a) that will replace the Federal Highway 
    Administration issuance of eligibility letters and any other 
    relevant information that the Secretary deems necessary.
SEC. 11518. PERMEABLE PAVEMENTS STUDY.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall carry out a study--
        (1) to gather existing information on the effects of permeable 
    pavements on flood control in different contexts, including in 
    urban areas, and over the lifetime of the permeable pavement;
        (2) to perform research to fill gaps in the existing 
    information gathered under paragraph (1); and
        (3) to develop--
            (A) models for the performance of permeable pavements in 
        flood control; and
            (B) best practices for designing permeable pavement to meet 
        flood control requirements.
    (b) Data Survey.--In carrying out the study under subsection (a), 
the Secretary shall develop--
        (1) a summary, based on available literature and models, of 
    localized flood control capabilities of permeable pavement that 
    considers long-term performance and cost information; and
        (2) best practices for the design of localized flood control 
    using permeable pavement that considers long-term performance and 
    cost information.
    (c) Publication.--The Secretary shall make a report describing the 
results of the study under subsection (a) publicly available.
SEC. 11519. EMERGENCY RELIEF PROJECTS.
    (a) Definition of Emergency Relief Project.--In this section, the 
term ``emergency relief project'' means a project carried out under the 
emergency relief program under section 125 of title 23, United States 
Code.
    (b) Improving the Emergency Relief Program.--Not later than 90 days 
after the date of enactment of this Act, the Secretary shall--
        (1) revise the emergency relief manual of the Federal Highway 
    Administration--
            (A) to include and reflect the definition of the term 
        ``resilience'' (as defined in section 101(a) of title 23, 
        United States Code);
            (B) to identify procedures that States may use to 
        incorporate resilience into emergency relief projects; and
            (C) to encourage the use of Complete Streets design 
        principles and consideration of access for moderate- and low-
        income families impacted by a declared disaster;
        (2) develop best practices for improving the use of resilience 
    in--
            (A) the emergency relief program under section 125 of title 
        23, United States Code; and
            (B) emergency relief efforts;
        (3) provide to division offices of the Federal Highway 
    Administration and State departments of transportation information 
    on the best practices developed under paragraph (2); and
        (4) develop and implement a process to track--
            (A) the consideration of resilience as part of the 
        emergency relief program under section 125 of title 23, United 
        States Code; and
            (B) the costs of emergency relief projects.
SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES.
    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Secretary and the Administrator of the Environment 
Protection Agency shall offer to enter into an agreement with the 
Transportation Research Board of the National Academy of Sciences to 
conduct a study--
        (1) to estimate pollutant loads from stormwater runoff from 
    highways and pedestrian facilities eligible for assistance under 
    title 23, United States Code, to inform the development of 
    appropriate total maximum daily load (as defined in section 130.2 
    of title 40, Code of Federal Regulations (or successor 
    regulations)) requirements;
        (2) to provide recommendations regarding the evaluation and 
    selection by State departments of transportation of potential 
    stormwater management and total maximum daily load compliance 
    strategies within a watershed, including environmental restoration 
    and pollution abatement carried out under section 328 of title 23, 
    United States Code (including any revisions to law (including 
    regulations) that the Transportation Research Board determines to 
    be appropriate); and
        (3) to examine the potential for the Secretary to assist State 
    departments of transportation in carrying out and communicating 
    stormwater management practices for highways and pedestrian 
    facilities that are eligible for assistance under title 23, United 
    States Code, through information-sharing agreements, database 
    assistance, or an administrative platform to provide the 
    information described in paragraphs (1) and (2) to entities issued 
    permits under the Federal Water Pollution Control Act (33 U.S.C. 
    1251 et seq.).
    (b) Requirements.--If the Transportation Research Board enters into 
an agreement under subsection (a), in conducting the study under that 
subsection, the Transportation Research Board shall--
        (1) review and supplement, as appropriate, the methodologies 
    examined and recommended in the report of the National Academies of 
    Sciences, Engineering, and Medicine entitled ``Approaches for 
    Determining and Complying with TMDL Requirements Related to Roadway 
    Stormwater Runoff'' and dated 2019;
        (2) consult with--
            (A) the Secretary;
            (B) the Administrator of the Environmental Protection 
        Agency;
            (C) the Secretary of the Army, acting through the Chief of 
        Engineers; and
            (D) State departments of transportation; and
        (3) solicit input from--
            (A) stakeholders with experience in implementing stormwater 
        management practices for projects; and
            (B) educational and technical stormwater management groups.
    (c) Report.--If the Transportation Research Board enters into an 
agreement under subsection (a), not later than 18 months after the date 
of enactment of this Act, the Transportation Research Board shall 
submit to the Secretary, the Committee on Environment and Public Works 
of the Senate, and the Committee on Transportation and Infrastructure 
of the House of Representatives a report describing the results of the 
study.
SEC. 11521. STORMWATER BEST MANAGEMENT PRACTICES REPORTS.
    (a) Definitions.--In this section:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Federal Highway Administration.
        (2) Best management practices report.--The term ``best 
    management practices report'' means--
            (A) the 2014 report sponsored by the Administrator entitled 
        ``Determining the State of the Practice in Data Collection and 
        Performance Measurement of Stormwater Best Management 
        Practices''; and
            (B) the 1997 report sponsored by the Administrator entitled 
        ``Stormwater Best Management Practices in an Ultra-Urban 
        Setting: Selection and Monitoring''.
    (b) Reissuance.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall update and reissue each best 
management practices report to reflect new information and advancements 
in stormwater management.
    (c) Updates.--Not less frequently than once every 5 years after the 
date on which the Administrator reissues a best management practices 
report described in subsection (b), the Administrator shall update and 
reissue the best management practices report until the earlier of the 
date on which--
        (1) the best management practices report is withdrawn; or
        (2) the contents of the best management practices report are 
    incorporated (including by reference) into applicable regulations 
    of the Administrator.
SEC. 11522. INVASIVE PLANT ELIMINATION PROGRAM.
    (a) Definitions.--In this section:
        (1) Invasive plant.--The term ``invasive plant'' means a 
    nonnative plant, tree, grass, or weed species, including, at a 
    minimum, cheatgrass, Ventenata dubia, medusahead, bulbous 
    bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle, 
    phragmites, autumn olive, Bradford pear, wild parsnip, sericea 
    lespedeza, spotted knapweed, garlic mustard, and palmer amaranth.
        (2) Program.--The term ``program'' means the grant program 
    established under subsection (b).
        (3) Transportation corridor.--The term ``transportation 
    corridor'' means a road, highway, railroad, or other surface 
    transportation route.
    (b) Establishment.--The Secretary shall carry out a program to 
provide grants to States to eliminate or control existing invasive 
plants or prevent introduction of or encroachment by new invasive 
plants along and in areas adjacent to transportation corridor rights-
of-way.
    (c) Application.--To be eligible to receive a grant under the 
program, a State shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the Secretary 
may require.
    (d) Eligible Activities.--
        (1) In general.--Subject to this subsection, a State that 
    receives a grant under the program may use the grant funds to carry 
    out activities to eliminate or control existing invasive plants or 
    prevent introduction of or encroachment by new invasive plants 
    along and in areas adjacent to transportation corridor rights-of-
    way.
        (2) Prioritization of projects.--In carrying out the program, 
    the Secretary shall give priority to projects that utilize 
    revegetation with native plants and wildflowers, including those 
    that are pollinator-friendly.
        (3) Prohibition on certain uses of funds.--Amounts provided to 
    a State under the program may not be used for costs relating to 
    mowing a transportation corridor right-of-way or the adjacent area 
    unless--
            (A) mowing is identified as the best means of treatment 
        according to best management practices; or
            (B) mowing is used in conjunction with another treatment.
        (4) Limitation.--Not more than 10 percent of the amounts 
    provided to a State under the program may be used for the purchase 
    of equipment.
        (5) Administrative and indirect costs.--Not more than 5 percent 
    of the amounts provided to a State under the program may be used 
    for the administrative and other indirect costs (such as full time 
    employee salaries, rent, insurance, subscriptions, utilities, and 
    office supplies) of carrying out eligible activities.
    (e) Requirements.--
        (1) Coordination.--In carrying out eligible activities with a 
    grant under the program, a State shall coordinate with--
            (A) units of local government, political subdivisions of 
        the State, and Tribal authorities that are carrying out 
        eligible activities in the areas to be treated;
            (B) local regulatory authorities, in the case of a 
        treatment along or adjacent to a railroad right-of-way; and
            (C) with respect to the most effective roadside control 
        methods, State and Federal land management agencies and any 
        relevant Tribal authorities.
        (2) Annual report.--Not later than 1 year after the date on 
    which a State receives a grant under the program, and annually 
    thereafter, that State shall provide to the Secretary an annual 
    report on the treatments carried out using funds from the grant.
    (f) Federal Share.--
        (1) In general.--The Federal share of the cost of an eligible 
    activity carried out using funds from a grant under the program 
    shall be--
            (A) in the case of a project that utilizes revegetation 
        with native plants and wildflowers, including those that are 
        pollinator-friendly, 75 percent; and
            (B) in the case of any other project not described in 
        subparagraph (A), 50 percent.
        (2) Certain funds counted toward non-federal share.--A State 
    may include amounts expended by the State or a unit of local 
    government in the State to address current invasive plant 
    populations and prevent future infestation along or in areas 
    adjacent to transportation corridor rights-of-way in calculating 
    the non-Federal share required under the program.
    (g) Funding.--There is authorized to be appropriated to carry out 
the program $50,000,000 for each of fiscal years 2022 through 2026.
SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY.
    Section 129(a) of title 23, United States Code, is amended--
        (1) in paragraph (3)(B)(i), by inserting ``, together with the 
    results of the audit under paragraph (9)(C),'' after ``the 
    audits''; and
        (2) in paragraph (9)--
            (A) by striking ``An over-the-road'' and inserting the 
        following:
            ``(A) In general.--An over-the-road'';
            (B) in subparagraph (A) (as so designated), by striking 
        ``public transportation buses'' and inserting ``public 
        transportation vehicles''; and
            (C) by adding at the end the following:
            ``(B) Reports.--
                ``(i) In general.--Not later than 90 days after the 
            date of enactment of this subparagraph, a public authority 
            that operates a toll facility shall report to the Secretary 
            any rates, terms, or conditions for access to the toll 
            facility by public transportation vehicles that differ from 
            the rates, terms, or conditions applicable to over-the-road 
            buses.
                ``(ii) Updates.--A public authority that operates a 
            toll facility shall report to the Secretary any change to 
            the rates, terms, or conditions for access to the toll 
            facility by public transportation vehicles that differ from 
            the rates, terms, or conditions applicable to over-the-road 
            buses by not later than 30 days after the date on which the 
            change takes effect.
                ``(iii) Publication.--The Secretary shall publish 
            information reported to the Secretary under clauses (i) and 
            (ii) on a publicly accessible internet website.
            ``(C) Annual audit.--
                ``(i) In general.--A public authority (as defined in 
            section 101(a)) with jurisdiction over a toll facility 
            shall--

                    ``(I) conduct or have an independent auditor 
                conduct an annual audit of toll facility records to 
                verify compliance with this paragraph; and
                    ``(II) report the results of the audit, together 
                with the results of the audit under paragraph (3)(B), 
                to the Secretary.

                ``(ii) Records.--After providing reasonable notice, a 
            public authority described in clause (i) shall make all 
            records of the public authority pertaining to the toll 
            facility available for audit by the Secretary.
                ``(iii) Noncompliance.--If the Secretary determines 
            that a public authority described in clause (i) has not 
            complied with this paragraph, the Secretary may require the 
            public authority to discontinue collecting tolls until an 
            agreement with the Secretary is reached to achieve 
            compliance.''.
SEC. 11524. BRIDGE TERMINOLOGY.
    (a) Condition of NHS Bridges.--Section 119(f)(2) of title 23, 
United States Code, is amended by striking ``structurally deficient'' 
each place it appears and inserting ``in poor condition''.
    (b) National Bridge and Tunnel Inventories.--Section 144(b)(5) of 
title 23, United States Code, is amended by striking ``structurally 
deficient bridge'' and inserting ``bridge classified as in poor 
condition''.
    (c) Tribal Transportation Facility Bridges.--Section 202(d) of 
title 23, United States Code, is amended--
        (1) in paragraph (1), by striking ``deficient bridges eligible 
    for the tribal transportation program'' and inserting ``bridges 
    eligible for the tribal transportation program classified as in 
    poor condition, having low load capacity, or needing geometric 
    improvements''; and
        (2) in paragraph (3)(C), by striking ``structurally deficient 
    or functionally obsolete'' and inserting ``classified as in poor 
    condition, having a low load capacity, or needing geometric 
    improvements''.
SEC. 11525. TECHNICAL CORRECTIONS.
    (a) Section 101(b)(1) of title 23, United States Code, is amended 
by inserting ``Highways'' after ``and Defense''.
    (b) Section 104(f)(3) of title 23, United States Code, is amended--
        (1) in the paragraph heading, by striking ``federal highway 
    administration'' and inserting ``an operating administration of the 
    department of transportation''; and
        (2) in subparagraph (A), by striking ``the Federal Highway 
    Administration'' and inserting ``an operating administration of the 
    Department of Transportation''.
    (c) Section 108(c)(3)(F) of title 23, United States Code, is 
amended--
        (1) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after 
    ``Policy Act''; and
        (2) by striking ``this Act'' and inserting ``this title''.
    (d) Section 112(b)(2) of title 23, United States Code, is amended 
by striking ``(F) (F) Subparagraphs'' and inserting the following:
            ``(F) Exclusion.--Subparagraphs''.
    (e) Section 115(c) of title 23, United States Code, is amended by 
striking ``section 135(f)'' and inserting ``section 135(g)''.
    (f) Section 130(g) of title 23, United States Code, is amended--
        (1) in the third sentence--
            (A) by striking ``and Transportation,'' and inserting ``and 
        Transportation''; and
            (B) by striking ``thereafter,,'' and inserting 
        ``thereafter,''; and
        (2) in the fifth sentence, by striking ``railroad highway'' and 
    inserting ``railway-highway''.
    (g) Section 135(g) of title 23, United States Code, is amended--
        (1) in paragraph (3), by striking ``operators),,'' and 
    inserting ``operators),''; and
        (2) in paragraph (6)(B), by striking ``5310, 5311, 5316, and 
    5317'' and inserting ``5310 and 5311''.
    (h) Section 139 of title 23, United States Code (as amended by 
section 11301), is amended--
        (1) in subsection (b)(1), by inserting ``(42 U.S.C. 4321 et 
    seq.)'' after ``of 1969'';
        (2) in subsection (c), by inserting ``(42 U.S.C. 4321 et 
    seq.)'' after ``of 1969'' each place it appears; and
        (3) in subsection (k)(2), by inserting ``(42 U.S.C. 4321 et 
    seq.)'' after ``of 1969''.
    (i) Section 140(a) of title 23, United States Code, is amended, in 
the third sentence, by inserting a comma after ``Secretary''.
    (j) Section 148(i)(2)(D) of title 23, United States Code, is 
amended by striking ``safety safety'' and inserting ``safety''.
    (k) Section 166(a)(1) of title 23, United States Code, is amended 
by striking the paragraph designation and heading and all that follows 
through ``A public authority'' and inserting the following:
        ``(1) Authority of public authorities.--A public authority''.
    (l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is 
amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting ``(25 
U.S.C. 5301 et seq.)''.
    (m) Section 202 of title 23, United States Code, is amended--
        (1) by striking ``(25 U.S.C. 450 et seq.)'' each place it 
    appears and inserting ``(25 U.S.C. 5301 et seq.)'';
        (2) in subsection (a)(10)(B), by striking ``(25 U.S.C. 
    450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
        (3) in subsection (b)(5), in the matter preceding subparagraph 
    (A), by inserting ``the'' after ``agreement under''.
    (n) Section 206(d)(2)(G) of title 23, United States Code, is 
amended by striking ``use of recreational trails'' and inserting ``uses 
of recreational trails''.
    (o) Section 207 of title 23, United States Code, is amended--
        (1) in subsection (g)--
            (A) by striking ``(25 U.S.C. 450j-1)'' and inserting ``(25 
        U.S.C. 5325)''; and
            (B) by striking ``(25 U.S.C. 450j-1(f))'' and inserting 
        ``(25 U.S.C. 5325(f))'';
        (2) in subsection (l)--
            (A) in paragraph (1), by striking ``(25 U.S.C. 458aaa-5)'' 
        and inserting ``(25 U.S.C. 5386)'';
            (B) in paragraph (2), by striking ``(25 U.S.C. 458aaa-6)'' 
        and inserting ``(25 U.S.C. 5387)'';
            (C) in paragraph (3), by striking ``(25 U.S.C. 458aaa-7)'' 
        and inserting ``(25 U.S.C. 5388)'';
            (D) in paragraph (4), by striking ``(25 U.S.C. 458aaa-9)'' 
        and inserting ``(25 U.S.C. 5390)'';
            (E) in paragraph (5), by striking ``(25 U.S.C. 458aaa-10)'' 
        and inserting ``(25 U.S.C. 5391)'';
            (F) in paragraph (6), by striking ``(25 U.S.C. 458aaa-11)'' 
        and inserting ``(25 U.S.C. 5392)'';
            (G) in paragraph (7), by striking ``(25 U.S.C. 458aaa-14)'' 
        and inserting ``(25 U.S.C. 5395)'';
            (H) in paragraph (8), by striking ``(25 U.S.C. 458aaa-15)'' 
        and inserting ``(25 U.S.C. 5396)''; and
            (I) in paragraph (9), by striking ``(25 U.S.C. 458aaa-17)'' 
        and inserting ``(25 U.S.C. 5398)''; and
        (3) in subsection (m)(2)--
            (A) by striking ``505'' and inserting ``501''; and
            (B) by striking ``(25 U.S.C. 450b; 458aaa)'' and inserting 
        ``(25 U.S.C. 5304; 5381)''.
    (p) Section 217(d) of title 23, United States Code, is amended by 
striking ``104(b)(3)'' and inserting ``104(b)(4)''.
    (q) Section 323(d) of title 23, United States Code, is amended in 
the matter preceding paragraph (1), in the second sentence, by 
inserting ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
    (r) Section 325 of title 23, United States Code, is repealed.
    (s) Section 504(g)(6) of title 23, United States Code, is amended 
by striking ``make grants or to'' and inserting ``make grants to''.
    (t) The analysis for chapter 3 of title 23, United States Code, is 
amended by striking the item relating to section 325.
SEC. 11526. WORKING GROUP ON COVERED RESOURCES.
    (a) Definitions.--In this section:
        (1) Covered resource.--The term ``covered resource'' means a 
    common variety material used in transportation infrastructure 
    construction and maintenance, including stone, sand, and gravel.
        (2) State.--The term ``State'' means each of the several 
    States, the District of Columbia, and each territory or possession 
    of the United States.
        (3) Working group.--The term ``Working Group'' means the 
    working group established under subsection (b).
    (b) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall establish a working group to 
conduct a study on access to covered resources for infrastructure 
projects.
    (c) Membership.--
        (1) Appointment.--The Secretary shall appoint to the Working 
    Group individuals with knowledge and expertise in the production 
    and transportation of covered resources.
        (2) Representation.--The Working Group shall include not less 
    than 1 representative of each of the following:
            (A) State departments of transportation.
            (B) State agencies associated with covered resources 
        protection.
            (C) State planning and geologic survey and mapping 
        agencies.
            (D) Commercial motor vehicle operators, including small 
        business operators and operators who transport covered 
        resources.
            (E) Covered resources producers.
            (F) Construction contractors.
            (G) Labor organizations.
            (H) Metropolitan planning organizations and regional 
        planning organizations.
            (I) Indian Tribes, including Tribal elected leadership or 
        Tribal transportation officials.
            (J) Any other stakeholders that the Secretary determines 
        appropriate.
        (3) Termination.--The Working Group shall terminate 180 days 
    after the date on which the Secretary receives the report under 
    subsection (f)(1).
    (d) Duties.--In carrying out the study required under subsection 
(b), the Working Group shall analyze--
        (1) the use of covered resources in transportation projects 
    funded with Federal dollars;
        (2) how the proximity of covered resources to such projects 
    affects the cost and environmental impact of those projects;
        (3) whether and how State, Tribal, and local transportation and 
    planning agencies consider covered resources when developing 
    transportation projects; and
        (4) any challenges for transportation project sponsors 
    regarding access and proximity to covered resources.
    (e) Consultation.--In carrying out the study required under 
subsection (b), the Working Group shall consult with, as appropriate--
        (1) chief executive officers of States;
        (2) State, Tribal, and local transportation and planning 
    agencies;
        (3) other relevant State, Tribal, and local agencies, including 
    State agencies associated with covered resources protection;
        (4) members of the public with industry experience with respect 
    to covered resources;
        (5) other Federal entities that provide funding for 
    transportation projects; and
        (6) any other stakeholder the Working Group determines 
    appropriate.
    (f) Reports.--
        (1) Working group report.--Not later than 2 years after the 
    date on which the Working Group is established, the Working Group 
    shall submit to the Secretary a report that includes--
            (A) the findings of the study required under subsection 
        (b), including a summary of comments received during the 
        consultation process under subsection (e); and
            (B) any recommendations to preserve access to and reduce 
        the costs and environmental impacts of covered resources for 
        infrastructure projects.
        (2) Departmental report.--Not later than 90 days after the date 
    on which the Secretary receives the report under paragraph (1), the 
    Secretary shall submit to the Committee on Transportation and 
    Infrastructure of the House of Representatives and the Committee on 
    Environment and Public Works of the Senate a summary of the 
    findings under the report and any recommendations, as appropriate.
SEC. 11527. BLOOD TRANSPORT VEHICLES.
    Section 166(b) of title 23, United States Code, is amended by 
adding at the end the following:
        ``(6) Blood transport vehicles.--The public authority may allow 
    blood transport vehicles that are transporting blood between a 
    collection point and a hospital or storage center to use the HOV 
    facility if the public authority establishes requirements for 
    clearly identifying such vehicles.''.
SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY 
RIGHTS-OF-WAY.
    (a) In General.--Chapter 3 of title 23, United States Code (as 
amended by section 11309(a)), is amended by adding at the end the 
following:
``Sec. 332. Pollinator-friendly practices on roadsides and highway 
   rights-of-way
    ``(a) In General.--The Secretary shall establish a program to 
provide grants to eligible entities to carry out activities to benefit 
pollinators on roadsides and highway rights-of-way, including the 
planting and seeding of native, locally-appropriate grasses and 
wildflowers, including milkweed.
    ``(b) Eligible Entities.--An entity eligible to receive a grant 
under this section is--
        ``(1) a State department of transportation;
        ``(2) an Indian tribe; or
        ``(3) a Federal land management agency.
    ``(c) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including a pollinator-
friendly practices plan described in subsection (d).
    ``(d) Pollinator-friendly Practices Plan.--
        ``(1) In general.--An eligible entity shall include in the 
    application under subsection (c) a plan that describes the 
    pollinator-friendly practices that the eligible entity has 
    implemented or plans to implement, including--
            ``(A) practices relating to mowing strategies that promote 
        early successional vegetation and limit disturbance during 
        periods of highest use by target pollinator species on 
        roadsides and highway rights-of-way, such as--
                ``(i) reducing the mowing swath outside of the State-
            designated safety zone;
                ``(ii) increasing the mowing height;
                ``(iii) reducing the mowing frequency;
                ``(iv) refraining from mowing monarch and other 
            pollinator habitat during periods in which monarchs or 
            other pollinators are present;
                ``(v) use of a flushing bar and cutting at reduced 
            speeds to reduce pollinator deaths due to mowing; or
                ``(vi) reducing raking along roadsides and highway 
            rights-of-way;
            ``(B) implementation of an integrated vegetation management 
        plan that includes approaches such as mechanical tree and brush 
        removal, targeted and judicious use of herbicides, and mowing, 
        to address weed issues on roadsides and highway rights-of-way;
            ``(C) planting or seeding of native, locally-appropriate 
        grasses and wildflowers, including milkweed, on roadsides and 
        highway rights-of-way to enhance pollinator habitat, including 
        larval host plants;
            ``(D) removing nonnative grasses from planting and seeding 
        mixes, except for use as nurse or cover crops;
            ``(E) obtaining expert training or assistance on 
        pollinator-friendly practices, including--
                ``(i) native plant identification;
                ``(ii) establishment and management of locally-
            appropriate native plants that benefit pollinators;
                ``(iii) land management practices that benefit 
            pollinators; and
                ``(iv) pollinator-focused integrated vegetation 
            management; or
            ``(F) any other pollinator-friendly practices the Secretary 
        determines to be appropriate.
        ``(2) Coordination.--In developing a plan under paragraph (1), 
    an eligible entity that is a State department of transportation or 
    a Federal land management agency shall coordinate with applicable 
    State agencies, including State agencies with jurisdiction over 
    agriculture and fish and wildlife.
        ``(3) Consultation.--In developing a plan under paragraph (1)--
            ``(A) an eligible entity that is a State department of 
        transportation or a Federal land management agency shall 
        consult with affected or interested Indian tribes; and
            ``(B) any eligible entity may consult with nonprofit 
        organizations, institutions of higher education, metropolitan 
        planning organizations, and any other relevant entities.
    ``(e) Award of Grants.--
        ``(1) In general.--The Secretary shall provide a grant to each 
    eligible entity that submits an application under subsection (c), 
    including a plan under subsection (d), that the Secretary 
    determines to be satisfactory.
        ``(2) Amount of grants.--The amount of a grant under this 
    section--
            ``(A) shall be based on the number of pollinator-friendly 
        practices the eligible entity has implemented or plans to 
        implement; and
            ``(B) shall not exceed $150,000.
    ``(f) Use of Funds.--An eligible entity that receives a grant under 
this section shall use the funds for the implementation, improvement, 
or further development of the plan under subsection (d).
    ``(g) Federal Share.--The Federal share of the cost of an activity 
carried out with a grant under this section shall be 100 percent.
    ``(h) Best Practices.--The Secretary shall develop and make 
available to eligible entities best practices for, and a priority 
ranking of, pollinator-friendly practices on roadsides and highway 
rights-of-way.
    ``(i) Technical Assistance.--On request of an eligible entity that 
receives a grant under this section, the Secretary shall provide 
technical assistance with the implementation, improvement, or further 
development of a plan under subsection (d).
    ``(j) Administrative Costs.--For each fiscal year, the Secretary 
may use not more than 2 percent of the amounts made available to carry 
out this section for the administrative costs of carrying out this 
section.
    ``(k) Report.--Not later than 1 year after the date on which the 
first grant is provided under this section, the Secretary shall submit 
to the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the implementation of the program under 
this section.
    ``(l) Authorization of Appropriations.--
        ``(1) In general.--There is authorized to be appropriated to 
    carry out this section $2,000,000 for each of fiscal years 2022 
    through 2026.
        ``(2) Availability.--Amounts made available under this section 
    shall remain available for a period of 3 years after the last day 
    of the fiscal year for which the funds are authorized.''.
    (b) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code (as amended by section 11309(b)), is amended by 
adding at the end the following:
``332. Pollinator-friendly practices on roadsides and highway rights-of-
          way.''.
SEC. 11529. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM.
    (a) In General.--Subject to the availability of appropriations, the 
Secretary shall carry out an active transportation infrastructure 
investment program to make grants, on a competitive basis, to eligible 
organizations to construct eligible projects to provide safe and 
connected active transportation facilities in an active transportation 
network or active transportation spine.
    (b) Application.--
        (1) In general.--To be eligible to receive a grant under this 
    section, an eligible organization shall submit to the Secretary an 
    application in such manner and containing such information as the 
    Secretary may require.
        (2) Eligible projects partially on federal land.--With respect 
    to an application for an eligible project that is located in part 
    on Federal land, an eligible organization shall enter into a 
    cooperative agreement with the appropriate Federal agency with 
    jurisdiction over such land to submit an application described in 
    paragraph (1).
    (c) Application Considerations.--In making a grant for construction 
of an active transportation network or active transportation spine 
under this section, the Secretary shall consider the following:
        (1) Whether the eligible organization submitted a plan for an 
    eligible project for the development of walking and bicycling 
    infrastructure that is likely to provide substantial additional 
    opportunities for walking and bicycling, including effective 
    plans--
            (A) to create an active transportation network connecting 
        destinations within or between communities, including schools, 
        workplaces, residences, businesses, recreation areas, and other 
        community areas, or create an active transportation spine 
        connecting two or more communities, metropolitan regions, or 
        States; and
            (B) to integrate active transportation facilities with 
        transit services, where available, to improve access to public 
        transportation.
        (2) Whether the eligible organization demonstrates broad 
    community support through--
            (A) the use of public input in the development of 
        transportation plans; and
            (B) the commitment of community leaders to the success and 
        timely implementation of an eligible project.
        (3) Whether the eligible organization provides evidence of 
    commitment to traffic safety, regulations, financial incentives, or 
    community design policies that facilitate significant increases in 
    walking and bicycling.
        (4) The extent to which the eligible organization demonstrates 
    commitment of State, local, or eligible Federal matching funds, and 
    land or in-kind contributions, in addition to the local match 
    required under subsection (f)(1), unless the applicant qualifies 
    for an exception under subsection (f)(2).
        (5) The extent to which the eligible organization demonstrates 
    that the grant will address existing disparities in bicyclist and 
    pedestrian fatality rates based on race or income level or provide 
    access to jobs and services for low-income communities and 
    disadvantaged communities.
        (6) Whether the eligible organization demonstrates how 
    investment in active transportation will advance safety for 
    pedestrians and cyclists, accessibility to jobs and key 
    destinations, economic competitiveness, environmental protection, 
    and quality of life.
    (d) Use of Funds.--
        (1) In general.--Of the amounts made available to carry out 
    this section and subject to paragraphs (2) and (3), the Secretary 
    shall obligate--
            (A) not less than 30 percent to eligible projects that 
        construct active transportation networks that connect people 
        with public transportation, businesses, workplaces, schools, 
        residences, recreation areas, and other community activity 
        centers; and
            (B) not less than 30 percent to eligible projects that 
        construct active transportation spines.
        (2) Planning and design grants.--Each fiscal year, the 
    Secretary shall set aside not less than $3,000,000 of the funds 
    made available to carry out this section to provide planning grants 
    for eligible organizations to develop plans for active 
    transportation networks and active transportation spines.
        (3) Administrative costs.--Each fiscal year, the Secretary 
    shall set aside not more than $2,000,000 of the funds made 
    available to carry out this section to cover the costs of 
    administration, research, technical assistance, communications, and 
    training activities under the program.
        (4) Limitation on statutory construction.--Nothing in this 
    subsection prohibits an eligible organization from receiving 
    research or other funds under title 23 or 49, United States Code.
    (e) Grant Timing.--
        (1) Request for application.--Not later than 30 days after 
    funds are made available to carry out this section for a fiscal 
    year, the Secretary shall publish in the Federal Register a request 
    for applications for grants under this section for that fiscal 
    year.
        (2) Selection of grant recipients.--Not later than 150 days 
    after funds are made available to carry out this section for a 
    fiscal year, the Secretary shall select grant recipients of grants 
    under this section for that fiscal year.
    (f) Federal Share.--
        (1) In general.--Except as provided in paragraph (2), the 
    Federal share of the cost of an eligible project carried out using 
    a grant under this section shall not exceed 80 percent of the total 
    project cost.
        (2) Exception for disadvantaged communities.--For eligible 
    projects serving communities with a poverty rate of over 40 percent 
    based on the majority of census tracts served by the eligible 
    project, the Secretary may increase the Federal share of the cost 
    of the eligible project up to 100 percent of the total project 
    cost.
    (g) Assistance to Indian Tribes.--In carrying out this section, the 
Secretary may enter into grant agreements, self-determination 
contracts, and self-governance compacts under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) 
with Indian tribes that are eligible organizations, and such 
agreements, contracts, and compacts shall be administered in accordance 
with that Act.
    (h) Reports.--
        (1) Interim report.--Not later than September 30, 2024, the 
    Secretary shall submit to Congress a report containing the 
    information described in paragraph (3).
        (2) Final report.--Not later than September 30, 2026, the 
    Secretary shall submit to Congress a report containing the 
    information described in paragraph (3).
        (3) Report information.--A report submitted under this 
    subsection shall contain the following, with respect to the period 
    covered by the applicable report:
            (A) A list of grants made under this section.
            (B) Best practices of eligible organizations that receive 
        grants under this section in implementing eligible projects.
            (C) Impediments experienced by eligible organizations that 
        receive grants under this section in developing and shifting to 
        active transportation.
    (i) Rule Required.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall issue a final rule that 
encourages the use of the programmatic categorical exclusion, expedited 
procurement techniques, and other best practices to facilitate 
productive and timely expenditures for eligible projects that are 
small, low-impact, and constructed within an existing built 
environment.
    (j) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated to the 
    Secretary to carry out this section $200,000,000 for each of fiscal 
    years 2022 through 2026.
        (2) Availability.--The amounts made available to carry out this 
    section shall remain available until expended.
    (k) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a 
project on a Federal-aid highway under chapter 1 of title 23, United 
States Code.
    (l) Definitions.--In this section:
        (1) Active transportation.--The term ``active transportation'' 
    means mobility options powered primarily by human energy, including 
    bicycling and walking.
        (2) Active transportation network.--The term ``active 
    transportation network'' means facilities built for active 
    transportation, including sidewalks, bikeways, and pedestrian and 
    bicycle trails, that connect between destinations within a 
    community or metropolitan region.
        (3) Active transportation spine.--The term ``active 
    transportation spine'' means facilities built for active 
    transportation, including sidewalks, bikeways, and pedestrian and 
    bicycle trails that connect between communities, metropolitan 
    regions, or States.
        (4) Community.--The term ``community'' means a geographic area 
    that is socioeconomically interdependent and may include rural, 
    suburban, and urban jurisdictions.
        (5) Eligible organization.--The term ``eligible organization'' 
    means--
            (A) a local or regional governmental organization, 
        including a metropolitan planning organization or regional 
        planning organization or council;
            (B) a multicounty special district;
            (C) a State;
            (D) a multistate group of governments; or
            (E) an Indian tribe.
        (6) Eligible project.--The term ``eligible project'' means an 
    active transportation project or group of projects--
            (A) within or between a community or group of communities, 
        at least one of which falls within the jurisdiction of an 
        eligible organization, which has submitted an application under 
        this section; and
            (B) that has--
                (i) a total cost of not less than $15,000,000; or
                (ii) with respect to planning and design grants, 
            planning and design costs of not less than $100,000.
        (7) Indian tribe.--The term ``Indian tribe'' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304).
        (8) Total project cost.--The term ``total project cost'' means 
    the sum total of all costs incurred in the development of an 
    eligible project that are approved by the Secretary as reasonable 
    and necessary, including--
            (A) the cost of acquiring real property;
            (B) the cost of site preparation, demolition, and 
        development;
            (C) expenses related to the issuance of bonds or notes;
            (D) fees in connection with the planning, execution, and 
        financing of the eligible project;
            (E) the cost of studies, surveys, plans, permits, 
        insurance, interest, financing, tax, and assessments;
            (F) the cost of construction, rehabilitation, 
        reconstruction, and equipping the eligible project;
            (G) the cost of land improvements;
            (H) contractor fees;
            (I) the cost of training and education related to the 
        safety of users of any bicycle or pedestrian network or spine 
        constructed as part of an eligible project; and
            (J) any other cost that the Secretary determines is 
        necessary and reasonable.
SEC. 11530. HIGHWAY COST ALLOCATION STUDY.
    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, the Secretary, in coordination with State departments of 
transportation, shall carry out a highway cost allocation study to 
determine the direct costs of highway use by various types of users.
    (b) Inclusions.--The study under subsection (a) shall include an 
examination of--
        (1) the Federal costs occasioned in the design, construction, 
    rehabilitation, and maintenance of Federal-aid highways by--
            (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) 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;
        (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) 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) 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;
                        ``(cc) for which the project sponsor has a high 
                    probability of commencing the contracting process 
                    for construction by not later than 90 days after 
                    the date on which credit assistance under the TIFIA 
                    program is provided for the project; and
                        ``(dd) that has a high probability of reducing 
                    the need for financial assistance under any other 
                    Federal program for the relevant passenger rail 
                    station or service by increasing ridership, tenant 
                    lease payments, or other activities that generate 
                    revenue exceeding costs; and
                ``(ii) for which, by not later than September 30, 2026, 
            the Secretary has--

                    ``(I) received a letter of interest; and
                    ``(II) determined that the project is eligible for 
                assistance;'';

            (B) in subparagraph (F), by striking the period at the end 
        and inserting a semicolon; and
            (C) by adding at the end the following:
            ``(G) an eligible airport-related project (as defined in 
        section 40117(a) of title 49) for which, not later than 
        September 30, 2025, the Secretary has--
                ``(i) received a letter of interest; and
                ``(ii) determined that the project is eligible for 
            assistance; and
            ``(H) a project for the acquisition of plant and wildlife 
        habitat pursuant to a conservation plan that--
                ``(i) has been approved by the Secretary of the 
            Interior pursuant to section 10 of the Endangered Species 
            Act of 1973 (16 U.S.C. 1539); and
                ``(ii) in the judgment of the Secretary, would mitigate 
            the environmental impacts of transportation infrastructure 
            projects otherwise eligible for assistance under this 
            title.''.
    (b) Eligibility.--Section 602(a)(2) of title 23, United States 
Code, is amended--
        (1) in subparagraph (A)(iv)--
            (A) by striking ``a rating'' and inserting ``an investment-
        grade rating''; and
            (B) by striking ``$75,000,000'' and inserting 
        ``$150,000,000''; and
        (2) in subparagraph (B)--
            (A) by striking ``the senior debt'' and inserting ``senior 
        debt''; and
            (B) by striking ``credit instrument is for an amount less 
        than $75,000,000'' and inserting ``total amount of other senior 
        debt and the Federal credit instrument is less than 
        $150,000,000''.
    (c) Federal Requirements.--Section 602(c)(1) of title 23, United 
States Code, is amended in the matter preceding subparagraph (A) by 
striking ``and the requirements of section 5333(a) of title 49 for rail 
projects,'' and inserting ``the requirements of section 5333(a) of 
title 49 for rail projects, and the requirements of sections 47112(b) 
and 50101 of title 49 for airport-related projects,''.
    (d) Processing Timelines.--Section 602(d) of title 23, United 
States Code, is amended--
        (1) by redesignating paragraphs (1) and (2) as paragraphs (2) 
    and (3), respectively;
        (2) in paragraph (3) (as so redesignated), by striking 
    ``paragraph (1)'' and inserting ``paragraph (2)''; and
        (3) by inserting before paragraph (2) (as so redesignated) the 
    following:
        ``(1) Processing timelines.--Except in the case of an 
    application described in subsection (a)(8) and to the maximum 
    extent practicable, the Secretary shall provide an applicant with a 
    specific estimate of the timeline for the approval or disapproval 
    of the application of the applicant, which, to the maximum extent 
    practicable, the Secretary shall endeavor to complete by not later 
    than 150 days after the date on which the applicant submits a 
    letter of interest to the Secretary.''.
    (e) Maturity Date of Certain Secured Loans.--Section 603(b)(5) of 
title 23, United States Code, is amended--
        (1) in subparagraph (A), in the matter preceding clause (i), by 
    striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and 
    (C)''; and
        (2) by adding at the end the following:
            ``(C) Long lived assets.--In the case of a capital asset 
        with an estimated life of more than 50 years, the final 
        maturity date of the secured loan shall be the lesser of--
                ``(i) 75 years after the date of substantial completion 
            of the project; or
                ``(ii) 75 percent of the estimated useful life of the 
            capital asset.''.
    (f) Secured Loans.--Section 603(c)(4)(A) of title 23, United States 
Code, is amended--
        (1) by striking ``Any excess'' and inserting the following:
                ``(i) In general.--Except as provided in clause (ii), 
            any excess''; and
        (2) by adding at the end the following:
                ``(ii) Certain applicants.--In the case of a secured 
            loan or other secured Federal credit instrument provided 
            after the date of enactment of the Surface Transportation 
            Reauthorization Act of 2021, if the obligor is a 
            governmental entity, agency, or instrumentality, the 
            obligor shall not be required to prepay the secured loan or 
            other secured Federal credit instrument with any excess 
            revenues described in clause (i) if the obligor enters into 
            an agreement to use those excess revenues only for purposes 
            authorized under this title or title 49.''.
    (g) Technical Amendment.--Section 602(e) of title 23, United States 
Code, is amended by striking ``section 601(a)(1)(A)'' and inserting 
``section 601(a)(2)(A)''.
    (h) Streamlined Application Process.--Section 603(f) of title 23, 
United States Code, is amended by adding at the end the following:
        ``(3) Additional terms for expedited decisions.--
            ``(A) In general.--Not later than 120 days after the date 
        of enactment of this paragraph, the Secretary shall implement 
        an expedited decision timeline for public agency borrowers 
        seeking secured loans that meet--
                ``(i) the terms under paragraph (2); and
                ``(ii) the additional criteria described in 
            subparagraph (B).
            ``(B) Additional criteria.--The additional criteria 
        referred to in subparagraph (A)(ii) are the following:
                ``(i) The secured loan is made on terms and conditions 
            that substantially conform to the conventional terms and 
            conditions established by the National Surface 
            Transportation Innovative Finance Bureau.
                ``(ii) The secured loan is rated in the A category or 
            higher.
                ``(iii) The TIFIA program share of eligible project 
            costs is 33 percent or less.
                ``(iv) The applicant demonstrates a reasonable 
            expectation that the contracting process for the project 
            can commence by not later than 90 days after the date on 
            which a Federal credit instrument is obligated for the 
            project under the TIFIA program.
                ``(v) The project has received a categorical exclusion, 
            a finding of no significant impact, or a record of decision 
            under the National Environmental Policy Act of 1969 (42 
            U.S.C. 4321 et seq.).
            ``(C) Written notice.--The Secretary shall provide to an 
        applicant seeking a secured loan under the expedited decision 
        process under this paragraph a written notice informing the 
        applicant whether the Secretary has approved or disapproved the 
        application by not later than 180 days after the date on which 
        the Secretary submits to the applicant a letter indicating that 
        the National Surface Transportation Innovative Finance Bureau 
        has commenced the creditworthiness review of the project.''.
    (i) Funding.--
        (1) In general.--Section 608(a) of title 23, United States 
    Code, is amended--
            (A) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively;
            (B) by inserting after paragraph (3) the following:
        ``(4) Limitation for certain projects.--
            ``(A) Transit-oriented development projects.--For each 
        fiscal year, the Secretary may use to carry out projects 
        described in section 601(a)(12)(E) not more than 15 percent of 
        the amounts made available to carry out the TIFIA program for 
        that fiscal year.
            ``(B) Airport-related projects.--The Secretary may use to 
        carry out projects described in section 601(a)(12)(G)--
                ``(i) for each fiscal year, not more than 15 percent of 
            the amounts made available to carry out the TIFIA program 
            under the Surface Transportation Reauthorization Act of 
            2021 for that fiscal year; and
                ``(ii) for the period of fiscal years 2022 through 
            2026, not more than 15 percent of the unobligated carryover 
            balances (as of October 1, 2021).''; and
            (C) by striking paragraph (6) (as so redesignated) and 
        inserting the following:
        ``(6) Administrative costs.--Of the amounts made available to 
    carry out the TIFIA program, the Secretary may use not more than 
    $10,000,000 for each of fiscal years 2022 through 2026 for the 
    administration of the TIFIA program.''.
        (2) Conforming amendment.--Section 605(f)(1) of title 23, 
    United States Code, is amended by striking ``section 608(a)(5)'' 
    and inserting ``section 608(a)(6)''.
    (j) Status Reports.--Section 609 of title 23, United States Code, 
is amended by adding at the end the following:
    ``(c) Status Reports.--
        ``(1) In general.--The Secretary shall publish on the website 
    for the TIFIA program--
            ``(A) on a monthly basis, a current status report on all 
        submitted letters of interest and applications received for 
        assistance under the TIFIA program; and
            ``(B) on a quarterly basis, a current status report on all 
        approved applications for assistance under the TIFIA program.
        ``(2) Inclusions.--Each monthly and quarterly status report 
    under paragraph (1) shall include, at a minimum, with respect to 
    each project included in the status report--
            ``(A) the name of the party submitting the letter of 
        interest or application;
            ``(B) the name of the project;
            ``(C) the date on which the letter of interest or 
        application was received;
            ``(D) the estimated project eligible costs;
            ``(E) the type of credit assistance sought; and
            ``(F) the anticipated fiscal year and quarter for closing 
        of the credit assistance.''.
    (k) State Infrastructure Bank Program.--Section 610 of title 23, 
United States Code, is amended--
        (1) in subsection (d)--
            (A) in paragraph (1)(A), by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 
        2026'';
            (B) in paragraph (2), by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 
        2026''; and
            (C) in paragraph (3), by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 
        2026''; and
        (2) in subsection (k), by striking ``fiscal years 2016 through 
    2020'' and inserting ``fiscal years 2022 through 2026''.
    (l) Report.--Not later than September 30, 2025, the Secretary shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the impact of the amendment relating to 
airport-related projects under subsection (a)(2)(C) and subsection 
(i)(1)(B), including--
        (1) information on the use of TIFIA program (as defined in 
    section 601(a) of title 23, United States Code) funds for eligible 
    airport-related projects (as defined in section 40117(a) of title 
    49, United States Code); and
        (2) recommendations for modifications to the TIFIA program.
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) 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. STRATEGIC INNOVATION FOR REVENUE COLLECTION.
    (a) In General.--The Secretary shall establish a program to test 
the feasibility of a road usage fee and other user-based alternative 
revenue mechanisms (referred to in this section as ``user-based 
alternative revenue mechanisms'') to help maintain the long-term 
solvency of the Highway Trust Fund, through pilot projects at the 
State, local, and regional level.
    (b) Grants.--
        (1) In general.--The Secretary shall provide grants to eligible 
    entities to carry out pilot projects under this section.
        (2) Applications.--To be eligible for a grant under this 
    section, an eligible entity shall submit to the Secretary an 
    application at such time, in such manner, and containing such 
    information as the Secretary may require.
        (3) Objectives.--The Secretary shall ensure that, in the 
    aggregate, the pilot projects carried out using funds provided 
    under this section meet the following objectives:
            (A) To test the design, acceptance, equity, and 
        implementation of user-based alternative revenue mechanisms, 
        including among--
                (i) differing income groups; and
                (ii) rural and urban drivers, as applicable.
            (B) To provide recommendations regarding adoption and 
        implementation of user-based alternative revenue mechanisms.
            (C) To quantify and minimize the administrative costs of 
        any potential user-based alternative revenue mechanisms.
            (D) To test a variety of solutions, including the use of 
        independent and private third-party vendors, for the collection 
        of data and fees from user-based alternative revenue 
        mechanisms, including the reliability and security of those 
        solutions and vendors.
            (E) To test solutions to ensure the privacy and security of 
        data collected for the purpose of implementing a user-based 
        alternative revenue mechanism.
            (F) To conduct public education and outreach to increase 
        public awareness regarding the need for user-based alternative 
        revenue mechanisms for surface transportation programs.
            (G) To evaluate the ease of compliance and enforcement of a 
        variety of implementation approaches for different users of the 
        surface transportation system.
            (H) To ensure, to the greatest extent practicable, the use 
        of innovation.
            (I) To consider, to the greatest extent practicable, the 
        potential for revenue collection along a network of alternative 
        fueling stations.
            (J) To evaluate the impacts of the imposition of a user-
        based alternative revenue mechanism on--
                (i) transportation revenues;
                (ii) personal mobility, driving patterns, congestion, 
            and transportation costs; and
                (iii) freight movement and costs.
            (K) To evaluate options for the integration of a user-based 
        alternative revenue mechanism with--
                (i) nationwide transportation revenue collections and 
            regulations;
                (ii) toll revenue collection platforms;
                (iii) transportation network company fees; and
                (iv) any other relevant transportation revenue 
            mechanisms.
        (4) Eligible entity.--An entity eligible to apply for a grant 
    under this section is--
            (A) a State or a group of States;
            (B) a local government or a group of local governments; or
            (C) a metropolitan planning organization (as defined in 
        section 134(b) of title 23, United States Code) or a group of 
        metropolitan planning organizations.
        (5) Use of funds.--An eligible entity that receives a grant 
    under this section shall use the grant to carry out a pilot project 
    to address 1 or more of the objectives described in paragraph (3).
        (6) Consideration.--The Secretary shall consider geographic 
    diversity in awarding grants under this subsection.
        (7) Federal share.--The Federal share of the cost of a pilot 
    project carried out under this section may not exceed--
            (A) 80 percent of the total cost of a project carried out 
        by an eligible entity that has not otherwise received a grant 
        under this section; and
            (B) 70 percent of the total cost of a project carried out 
        by an eligible entity that has received at least 1 grant under 
        this section.
    (c) Limitation on Revenue Collected.--Any revenue collected through 
a user-based alternative revenue mechanism established using funds 
provided under this section shall not be considered a toll under 
section 301 of title 23, United States Code.
    (d) Recommendations and Report.--Not later than 3 years after the 
date of enactment of this Act, the Secretary, in coordination with the 
Secretary of the Treasury and the Federal System Funding Alternative 
Advisory Board established under section 13002(g)(1), shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that--
        (1) summarizes the results of the pilot projects under this 
    section and the national pilot program under section 13002; and
        (2) provides recommendations, if applicable, to enable 
    potential implementation of a nationwide user-based alternative 
    revenue mechanism.
    (e) Funding.--
        (1) In general.--Of the funds made available to carry out 
    section 503(b) of title 23, United States Code, for each of fiscal 
    years 2022 through 2026 $15,000,000 shall be used for pilot 
    projects under this section.
        (2) Flexibility.--If, by August 1 of each fiscal year, the 
    Secretary determines that there are not enough grant applications 
    to meet the requirements of this section for that fiscal year, the 
    Secretary shall transfer to the national pilot program under 
    section 13002 or to the highway research and development program 
    under section 503(b) of title 23, United States Code--
            (A) any funds reserved for a fiscal year under paragraph 
        (1) that the Secretary has not yet awarded under this section; 
        and
            (B) an amount of obligation limitation equal to the amount 
        of funds that the Secretary transfers under subparagraph (A).
    (f) Repeal.--
        (1) In general.--Section 6020 of the FAST Act (23 U.S.C. 503 
    note; Public Law 114-94) is repealed.
        (2) Clerical amendment.--The table of contents in section 1(b) 
    of the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by 
    striking the item relating to section 6020.
SEC. 13002. NATIONAL MOTOR VEHICLE PER-MILE USER FEE PILOT.
    (a) Definitions.--In this section:
        (1) Advisory board.--The term ``advisory board'' means the 
    Federal System Funding Alternative Advisory Board established under 
    subsection (g)(1).
        (2) Commercial vehicle.--The term ``commercial vehicle'' has 
    the meaning given the term commercial motor vehicle in section 
    31101 of title 49, United States Code.
        (3) Highway trust fund.--The term ``Highway Trust Fund'' means 
    the Highway Trust Fund established under section 9503 of the 
    Internal Revenue Code of 1986.
        (4) Light truck.--The term ``light truck'' has the meaning 
    given the term in section 523.2 of title 49, Code of Federal 
    Regulations (or successor regulations).
        (5) Medium- and heavy-duty truck.--The term ``medium- and 
    heavy-duty truck'' has the meaning given the term ``commercial 
    medium- and heavy-duty on-highway vehicle'' in section 32901(a) of 
    title 49, United States Code.
        (6) Passenger motor vehicle.--The term ``passenger motor 
    vehicle'' has the meaning given the term in section 32101 of title 
    49, United States Code.
        (7) Per-mile user fee.--The term ``per-mile user fee'' means a 
    revenue mechanism that--
            (A) is applied to road users operating motor vehicles on 
        the surface transportation system; and
            (B) is based on the number of vehicle miles traveled by an 
        individual road user.
        (8) Pilot program.--The term ``pilot program'' means the pilot 
    program established under subsection (b)(1).
        (9) Volunteer participant.--The term ``volunteer participant'' 
    means--
            (A) an owner or lessee of a private, personal motor vehicle 
        who volunteers to participate in the pilot program;
            (B) a commercial vehicle operator who volunteers to 
        participate in the pilot program; or
            (C) an owner of a motor vehicle fleet who volunteers to 
        participate in the pilot program.
    (b) Establishment.--
        (1) In general.--The Secretary, in coordination with the 
    Secretary of the Treasury, and consistent with the recommendations 
    of the advisory board, shall establish a pilot program to 
    demonstrate a national motor vehicle per-mile user fee--
            (A) to restore and maintain the long-term solvency of the 
        Highway Trust Fund; and
            (B) to improve and maintain the surface transportation 
        system.
        (2) Objectives.--The objectives of the pilot program are--
            (A) to test the design, acceptance, implementation, and 
        financial sustainability of a national motor vehicle per-mile 
        user fee;
            (B) to address the need for additional revenue for surface 
        transportation infrastructure and a national motor vehicle per-
        mile user fee; and
            (C) to provide recommendations relating to the adoption and 
        implementation of a national motor vehicle per-mile user fee.
    (c) Parameters.--In carrying out the pilot program, the Secretary, 
in coordination with the Secretary of the Treasury, shall--
        (1) provide different methods that volunteer participants can 
    choose from to track motor vehicle miles traveled;
        (2) solicit volunteer participants from all 50 States, the 
    District of Columbia, and the Commonwealth of Puerto Rico;
        (3) ensure an equitable geographic distribution by population 
    among volunteer participants;
        (4) include commercial vehicles and passenger motor vehicles; 
    and
        (5) use components of and, where appropriate, coordinate with--
            (A) the States that received a grant under section 6020 of 
        the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as in 
        effect on the day before the date of enactment of this Act); 
        and
            (B) eligible entities that received a grant under section 
        13001.
    (d) Methods.--
        (1) Tools.--In selecting the methods described in subsection 
    (c)(1), the Secretary shall coordinate with entities that 
    voluntarily provide to the Secretary for use under the pilot 
    program any of the following vehicle-miles-traveled collection 
    tools:
            (A) Third-party on-board diagnostic (OBD-II) devices.
            (B) Smart phone applications.
            (C) Telemetric data collected by automakers.
            (D) Motor vehicle data obtained by car insurance companies.
            (E) Data from the States that received a grant under 
        section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 
        114-94) (as in effect on the day before the date of enactment 
        of this Act).
            (F) Motor vehicle data obtained from fueling stations.
            (G) Any other method that the Secretary considers 
        appropriate.
        (2) Coordination.--
            (A) Selection.--The Secretary shall determine which 
        collection tools under paragraph (1) are selected for the pilot 
        program.
            (B) Volunteer participants.--In a manner that the Secretary 
        considers appropriate, the Secretary shall enable each 
        volunteer participant to choose 1 of the selected collection 
        tools under paragraph (1).
    (e) Motor Vehicle Per-mile User Fees.--For the purposes of the 
pilot program, the Secretary of the Treasury shall establish, on an 
annual basis, per-mile user fees for passenger motor vehicles, light 
trucks, and medium- and heavy-duty trucks, which amount may vary 
between vehicle types and weight classes to reflect estimated impacts 
on infrastructure, safety, congestion, the environment, or other 
related social impacts.
    (f) Volunteer Participants.--The Secretary, in coordination with 
the Secretary of the Treasury, shall--
        (1)(A) ensure, to the extent practicable, that the greatest 
    number of volunteer participants participate in the pilot program; 
    and
        (B) ensure that such volunteer participants represent 
    geographically diverse regions of the United States, including from 
    urban and rural areas; and
        (2) issue policies relating to the protection of volunteer 
    participants, including policies that--
            (A) protect the privacy of volunteer participants; and
            (B) secure the data provided by volunteer participants.
    (g) Federal System Funding Alternative Advisory Board.--
        (1) In general.--Not later than 90 days after the date of 
    enactment of this Act, the Secretary shall establish an advisory 
    board, to be known as the ``Federal System Funding Alternative 
    Advisory Board'', to assist with--
            (A) providing the Secretary with recommendations related to 
        the structure, scope, and methodology for developing and 
        implementing the pilot program;
            (B) carrying out the public awareness campaign under 
        subsection (h); and
            (C) developing the report under subsection (n).
        (2) Membership.--The advisory board shall include, at a 
    minimum, the following representatives and entities, to be 
    appointed by the Secretary:
            (A) State departments of transportation.
            (B) Any public or nonprofit entity that led a surface 
        transportation system funding alternatives pilot project under 
        section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 
        114-94) (as in effect on the day before the date of enactment 
        of this Act).
            (C) Representatives of the trucking industry, including 
        owner-operator independent drivers.
            (D) Data security experts with expertise in personal 
        privacy.
            (E) Academic experts on surface transportation systems.
            (F) Consumer advocates, including privacy experts.
            (G) Advocacy groups focused on equity.
            (H) Owners of motor vehicle fleets.
            (I) Owners and operators of toll facilities.
            (J) Tribal groups or representatives.
            (K) Any other representatives or entities, as determined 
        appropriate by the Secretary.
        (3) Recommendations.--Not later than 1 year after the date on 
    which the advisory board is established under paragraph (1), the 
    advisory board shall provide the Secretary with the recommendations 
    described in subparagraph (A) of that paragraph, which the 
    Secretary shall use in implementing the pilot program.
    (h) Public Awareness Campaign.--
        (1) In general.--The Secretary, with guidance from the advisory 
    board, may carry out a public awareness campaign to increase public 
    awareness regarding a national motor vehicle per-mile user fee, 
    including distributing information--
            (A) related to the pilot program;
            (B) from the State surface transportation system funding 
        alternatives pilot program under section 6020 of the FAST Act 
        (23 U.S.C. 503 note; Public Law 114-94) (as in effect on the 
        day before the date of enactment of this Act); and
            (C) related to consumer privacy.
        (2) Considerations.--In carrying out the public awareness 
    campaign under this subsection, the Secretary shall consider issues 
    unique to each State.
    (i) Revenue Collection.--The Secretary of the Treasury, in 
coordination with the Secretary, shall establish a mechanism to collect 
motor vehicle per-mile user fees established under subsection (e) from 
volunteer participants, which--
        (1) may be adjusted as needed to address technical challenges; 
    and
        (2) may allow independent and private third-party vendors to 
    collect the motor vehicle per-mile user fees and forward such fees 
    to the Treasury.
    (j) Agreement.--The Secretary may enter into an agreement with a 
volunteer participant containing such terms and conditions as the 
Secretary considers necessary for participation in the pilot program.
    (k) Limitation.--Any revenue collected through the mechanism 
established under subsection (i) shall not be considered a toll under 
section 301 of title 23, United States Code.
    (l) Highway Trust Fund.--The Secretary of the Treasury shall ensure 
that any revenue collected under subsection (i) is deposited into the 
Highway Trust Fund.
    (m) Payment.--Not more than 60 days after the end of each calendar 
quarter in which a volunteer participant has participated in the pilot 
program, the Secretary of the Treasury, in consultation with the 
Secretary of Transportation, shall estimate an amount of payment for 
each volunteer based on the vehicle miles submitted by the volunteer 
for the calendar quarter and issue such payment to such volunteer 
participant.
    (n) Report to Congress.--Not later than 1 year after the date on 
which volunteer participants begin participating in the pilot program, 
and each year thereafter for the duration of the pilot program, the 
Secretary and the Secretary of the Treasury shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that includes an analysis of--
        (1) whether the objectives described in subsection (b)(2) were 
    achieved;
        (2) how volunteer participant protections in subsection (f)(2) 
    were complied with;
        (3) whether motor vehicle per-mile user fees can maintain the 
    long-term solvency of the Highway Trust Fund and improve and 
    maintain the surface transportation system, which shall include 
    estimates of administrative costs related to collecting such motor 
    vehicle per mile user fees;
        (4) how the privacy of volunteers was maintained; and
        (5) equity impacts of the pilot program, including the impacts 
    of the pilot program on low-income commuters.
    (o) Funding.--
        (1) In general.--Of the funds made available to carry out 
    section 503(b) of title 23, United States Code, for each of fiscal 
    years 2022 through 2026 $10,000,000 shall be used to carry out the 
    pilot program under this section.
        (2) Excess funds.--Any excess funds remaining after carrying 
    out the pilot program under this section shall be available to make 
    grants for pilot projects under section 13001.
SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
    Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public Law 
114-94) is amended by striking ``fiscal years 2016 through 2020'' and 
inserting ``fiscal years 2022 through 2026''.
SEC. 13004. DATA INTEGRATION PILOT PROGRAM.
    (a) Establishment.--The Secretary shall establish a pilot program--
        (1) to provide research and develop models that integrate, in 
    near-real-time, data from multiple sources, including geolocated--
            (A) weather conditions;
            (B) roadway conditions;
            (C) incidents, work zones, and other nonrecurring events 
        related to emergency planning; and
            (D) information from emergency responders; and
        (2) to facilitate data integration between the Department, the 
    National Weather Service, and other sources of data that provide 
    real-time data with respect to roadway conditions during or as a 
    result of severe weather events, including, at a minimum--
            (A) winter weather;
            (B) heavy rainfall; and
            (C) tropical weather events.
    (b) Requirements.--In carrying out subsection (a)(1), the Secretary 
shall--
        (1) address the safety, resiliency, and vulnerability of the 
    transportation system to disasters; and
        (2) develop tools for decisionmakers and other end-users who 
    could use or benefit from the integrated data described in that 
    subsection to improve public safety and mobility.
    (c) Treatment.--Except as otherwise provided in this section, the 
Secretary shall carry out activities under the pilot program under this 
section as if--
        (1) those activities were authorized under chapter 5 of title 
    23, United States Code; and
        (2) the funds made available to carry out the pilot program 
    were made available under that chapter.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,500,000 for each of fiscal 
years 2022 through 2026, to remain available until expended.
SEC. 13005. EMERGING TECHNOLOGY RESEARCH PILOT PROGRAM.
    (a) Establishment.--The Secretary shall establish a pilot program 
to conduct emerging technology research in accordance with this 
section.
    (b) Activities.--The pilot program under this section shall 
include--
        (1) research and development activities relating to leveraging 
    advanced and additive manufacturing technologies to increase the 
    structural integrity and cost-effectiveness of surface 
    transportation infrastructure; and
        (2) research and development activities (including laboratory 
    and test track supported accelerated pavement testing research 
    regarding the impacts of connected, autonomous, and platooned 
    vehicles on pavement and infrastructure performance)--
            (A) to reduce the impact of automated and connected driving 
        systems and advanced driver-assistance systems on pavement and 
        infrastructure performance; and
            (B) to improve transportation infrastructure design in 
        anticipation of increased usage of automated driving systems 
        and advanced driver-assistance systems.
    (c) Treatment.--Except as otherwise provided in this section, the 
Secretary shall carry out activities under the pilot program under this 
section as if--
        (1) those activities were authorized under chapter 5 of title 
    23, United States Code; and
        (2) the funds made available to carry out the pilot program 
    were made available under that chapter.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2022 through 2026, to remain available until expended.
SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.
    (a) In General.--Section 503 of title 23, United States Code, is 
amended--
        (1) in subsection (a)(2), by striking ``section 508'' and 
    inserting ``section 6503 of title 49'';
        (2) in subsection (b)--
            (A) in paragraph (1)--
                (i) in subparagraph (C), by striking ``and'' at the 
            end;
                (ii) in subparagraph (D), by striking the period at the 
            end and inserting a semicolon; and
                (iii) by adding at the end the following:
            ``(E) engage with public and private entities to spur 
        advancement of emerging transformative innovations through 
        accelerated market readiness; and
            ``(F) consult frequently with public and private entities 
        on new transportation technologies.'';
            (B) in paragraph (2)(C)--
                (i) by redesignating clauses (x) through (xv) as 
            clauses (xi) through (xvi), respectively; and
                (ii) by inserting after clause (ix) the following:
                ``(x) safety measures to reduce the number of wildlife-
            vehicle collisions;'';
            (C) in paragraph (3)--
                (i) in subparagraph (B)(viii), by inserting ``, 
            including weather,'' after ``events''; and
                (ii) in subparagraph (C)--

                    (I) in clause (xv), by inserting ``extreme weather 
                events and'' after ``withstand'';
                    (II) in clause (xviii), by striking ``and'' at the 
                end;
                    (III) in clause (xix), by striking the period at 
                the end and inserting ``; and''; and
                    (IV) by adding at the end the following:

                ``(xx) studies on the deployment and revenue potential 
            of the deployment of energy and broadband infrastructure in 
            highway rights-of-way, including potential adverse impacts 
            of the use or nonuse of those rights-of-way.'';
            (D) in paragraph (6)--
                (i) in subparagraph (A), by striking ``and'' at the 
            end;
                (ii) in subparagraph (B), by striking the period at the 
            end and inserting ``; and''; and
                (iii) by adding at the end the following:
            ``(C) to support research on non-market-ready technologies 
        in consultation with public and private entities.'';
            (E) in paragraph (7)(B)--
                (i) in the matter preceding clause (i), by inserting 
            ``innovations by leading'' after ``support'';
                (ii) in clause (iii), by striking ``and'' at the end;
                (iii) in clause (iv), by striking the period at the end 
            and inserting ``; and''; and
                (iv) by adding at the end the following:
                ``(v) the evaluation of information from accelerated 
            market readiness efforts, including non-market-ready 
            technologies, in consultation with other offices of the 
            Federal Highway Administration, the National Highway 
            Traffic Safety Administration, and other key partners.'';
            (F) in paragraph (8)(A), by striking ``future highway'' and 
        all that follows through ``needs.'' and inserting the 
        following: ``current conditions and future needs of highways, 
        bridges, and tunnels of the United States, including--
                ``(i) the conditions and performance of the highway 
            network for freight movement;
                ``(ii) intelligent transportation systems;
                ``(iii) resilience needs; and
                ``(iv) the backlog of current highway, bridge, and 
            tunnel needs.''; and
            (G) by adding at the end the following:
        ``(9) Analysis tools.--The Secretary may develop interactive 
    modeling tools and databases that--
            ``(A) track the full condition of highway assets, including 
        interchanges, and the reconstruction history of those assets;
            ``(B) can be used to assess transportation options;
            ``(C) allow for the monitoring and modeling of network-
        level traffic flows on highways; and
            ``(D) further Federal and State understanding of the 
        importance of national and regional connectivity and the need 
        for long-distance and interregional passenger and freight 
        travel by highway and other surface transportation modes.''; 
        and
        (3) in subsection (c)--
            (A) in paragraph (1)--
                (i) in the matter preceding subparagraph (A), by 
            inserting ``use of rights-of-way permissible under 
            applicable law,'' after ``structures,'';
                (ii) in subparagraph (D), by striking ``and'' at the 
            end;
                (iii) in subparagraph (E), by striking the period at 
            the end and inserting ``; and''; and
                (iv) by adding at the end the following:
            ``(F) disseminating and evaluating information from 
        accelerated market readiness efforts, including non-market-
        ready technologies, to public and private entities.'';
            (B) in paragraph (2)--
                (i) in subparagraph (B)(iii), by striking ``improved 
            tools and methods to accelerate the adoption'' and 
            inserting ``and deploy improved tools and methods to 
            accelerate the adoption of early-stage and proven 
            innovative practices and technologies and, as the Secretary 
            determines to be appropriate, support continued 
            implementation''; and
                (ii) by adding at the end the following:
            ``(D) Report.--Not later than 2 years after the date of 
        enactment of this subparagraph and every 2 years thereafter, 
        the Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives and make 
        publicly available on an internet website a report that 
        describes--
                ``(i) the activities the Secretary has undertaken to 
            carry out the program established under paragraph (1); and
                ``(ii) how and to what extent the Secretary has worked 
            to disseminate non-market-ready technologies to public and 
            private entities.'';
            (C) in paragraph (3)--
                (i) by redesignating subparagraphs (C) and (D) as 
            subparagraphs (D) and (E), respectively;
                (ii) by inserting after subparagraph (B) the following:
            ``(C) High-friction surface treatment application study.--
                ``(i) Definition of institution.--In this subparagraph, 
            the term `institution' means a private sector entity, 
            public agency, research university or other research 
            institution, or organization representing transportation 
            and technology leaders or other transportation stakeholders 
            that, as determined by the Secretary, is capable of working 
            with State highway agencies, the Federal Highway 
            Administration, and the highway construction industry to 
            develop and evaluate new products, design technologies, and 
            construction methods that quickly lead to pavement 
            improvements.
                ``(ii) Study.--The Secretary shall seek to enter into 
            an agreement with an institution to carry out a study on 
            the use of natural and synthetic calcined bauxite as a 
            high-friction surface treatment application on pavement.
                ``(iii) Report.--Not later than 18 months after the 
            date of enactment of the Surface Transportation 
            Reauthorization Act of 2021, the Secretary shall submit a 
            report on the results of the study under clause (ii) to--

                    ``(I) the Committee on Environment and Public Works 
                of the Senate;
                    ``(II) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    ``(III) the Federal Highway Administration; and
                    ``(IV) the American Association of State Highway 
                and Transportation Officials.'';

                (iii) in subparagraph (D) (as so redesignated), by 
            striking ``fiscal years 2016 through 2020'' and inserting 
            ``fiscal years 2022 through 2026''; and
                (iv) in subparagraph (E) (as so redesignated)--

                    (I) in clause (i), by striking ``annually'' and 
                inserting ``once every 3 years''; and
                    (II) in clause (ii)--

                        (aa) in subclause (III), by striking ``and'' at 
                    the end;
                        (bb) in subclause (IV), by striking the period 
                    at the end and inserting a semicolon; and
                        (cc) by adding at the end the following:

                    ``(V) pavement monitoring and data collection 
                practices;
                    ``(VI) pavement durability and resilience;
                    ``(VII) stormwater management;
                    ``(VIII) impacts on vehicle efficiency;
                    ``(IX) the energy efficiency of the production of 
                paving materials and the ability of paving materials to 
                enhance the environment and promote sustainability; and
                    ``(X) integration of renewable energy in pavement 
                designs.''; and

            (D) by adding at the end the following:
        ``(5) Accelerated implementation and deployment of advanced 
    digital construction management systems.--
            ``(A) In general.--The Secretary shall establish and 
        implement a program under the technology and innovation 
        deployment program established under paragraph (1) to promote, 
        implement, deploy, demonstrate, showcase, support, and document 
        the application of advanced digital construction management 
        systems, practices, performance, and benefits.
            ``(B) Goals.--The goals of the accelerated implementation 
        and deployment of advanced digital construction management 
        systems program established under subparagraph (A) shall 
        include--
                ``(i) accelerated State adoption of advanced digital 
            construction management systems applied throughout the 
            construction lifecycle (including through the design and 
            engineering, construction, and operations phases) that--

                    ``(I) maximize interoperability with other systems, 
                products, tools, or applications;
                    ``(II) boost productivity;
                    ``(III) manage complexity;
                    ``(IV) reduce project delays and cost overruns; and
                    ``(V) enhance safety and quality;

                ``(ii) more timely and productive information-sharing 
            among stakeholders through reduced reliance on paper to 
            manage construction processes and deliverables such as 
            blueprints, design drawings, procurement and supply-chain 
            orders, equipment logs, daily progress reports, and punch 
            lists;
                ``(iii) deployment of digital management systems that 
            enable and leverage the use of digital technologies on 
            construction sites by contractors, such as state-of-the-art 
            automated and connected machinery and optimized routing 
            software that allows construction workers to perform tasks 
            faster, safer, more accurately, and with minimal 
            supervision;
                ``(iv) the development and deployment of best practices 
            for use in digital construction management;
                ``(v) increased technology adoption and deployment by 
            States and units of local government that enables project 
            sponsors--

                    ``(I) to integrate the adoption of digital 
                management systems and technologies in contracts; and
                    ``(II) to weigh the cost of digitization and 
                technology in setting project budgets;

                ``(vi) technology training and workforce development to 
            build the capabilities of project managers and sponsors 
            that enables States and units of local government--

                    ``(I) to better manage projects using advanced 
                construction management technologies; and
                    ``(II) to properly measure and reward technology 
                adoption across projects of the State or unit of local 
                government;

                ``(vii) development of guidance to assist States in 
            updating regulations of the State to allow project sponsors 
            and contractors--

                    ``(I) to report data relating to the project in 
                digital formats; and
                    ``(II) to fully capture the efficiencies and 
                benefits of advanced digital construction management 
                systems and related technologies;

                ``(viii) reduction in the environmental footprint of 
            construction projects using advanced digital construction 
            management systems resulting from elimination of congestion 
            through more efficient projects; and
                ``(ix) enhanced worker and pedestrian safety resulting 
            from increased transparency.
            ``(C) Funding.--For each of fiscal years 2022 through 2026, 
        the Secretary shall obligate from funds made available to carry 
        out this subsection $20,000,000 to accelerate the deployment 
        and implementation of advanced digital construction management 
        systems.
            ``(D) Publication.--
                ``(i) In general.--Not less frequently than annually, 
            the Secretary shall issue and make available to the public 
            on a website a report on--

                    ``(I) progress made in the implementation of 
                advanced digital management systems by States; and
                    ``(II) the costs and benefits of the deployment of 
                new technology and innovations that substantially and 
                directly resulted from the program established under 
                this paragraph.

                ``(ii) Inclusions.--The report under clause (i) may 
            include an analysis of--

                    ``(I) Federal, State, and local cost savings;
                    ``(II) project delivery time improvements;
                    ``(III) congestion impacts; and
                    ``(IV) safety improvements for roadway users and 
                construction workers.''.

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

                    ``(I) to share trips during periods in which travel 
                demand exceeds system capacity; or
                    ``(II) to shift trips to periods in which travel 
                demand does not exceed system capacity.'';

        (4) in subparagraph (C)--
            (A) in clause (i), by striking ``Not later'' and all that 
        follows through ``thereafter'' and inserting ``Each fiscal year 
        for which funding is made available for activities under this 
        paragraph''; and
            (B) in clause (ii)--
                (i) in subclause (I), by inserting ``mobility,'' after 
            ``safety,''; and
                (ii) in subclause (II)--

                    (I) in item (bb), by striking ``and'' at the end;
                    (II) in item (cc), by striking the period at the 
                end and inserting ``; and''; and
                    (III) by adding at the end the following:

                        ``(dd) facilitating payment for transportation 
                    services.'';
        (5) in subparagraph (D)--
            (A) in clause (i), by striking ``Not later'' and all that 
        follows through ``thereafter'' and inserting ``Each fiscal year 
        for which funding is made available for activities under this 
        paragraph''; and
            (B) in clause (ii)--
                (i) by striking ``In awarding'' and inserting the 
            following:

                    ``(I) In general.--Subject to subclause (II), in 
                awarding''; and

                (ii) by adding at the end the following:

                    ``(II) Rural set-aside.--Not less than 20 percent 
                of the amounts made available to carry out this 
                paragraph shall be reserved for projects serving rural 
                areas.'';

        (6) in subparagraph (E)--
            (A) by redesignating clauses (iii) through (ix) as clauses 
        (iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively;
            (B) by inserting after clause (ii) the following:
                ``(iii) advanced transportation technologies to improve 
            emergency evacuation and response by Federal, State, and 
            local authorities;'';
            (C) by inserting after clause (viii) (as so redesignated) 
        the following:
                ``(ix) integrated corridor management systems;
                ``(x) advanced parking reservation or variable pricing 
            systems;'';
            (D) in clause (xi) (as so redesignated)--
                (i) by inserting ``, toll collection,'' after 
            ``pricing''; and
                (ii) by striking ``or'' at the end;
            (E) by inserting after clause (xi) (as so redesignated) the 
        following:
                ``(xii) technology that enhances high occupancy vehicle 
            toll lanes, cordon pricing, or congestion pricing;
                ``(xiii) integration of transportation service payment 
            systems;'';
            (F) in clause (xiv) (as so redesignated)--
                (i) by striking ``and access'' and inserting ``, 
            access, and on-demand transportation service'';
                (ii) by inserting ``and other shared-use mobility 
            applications'' after ``ridesharing''; and
                (iii) by striking the period at the end and inserting a 
            semicolon; and
            (G) by adding at the end the following:
                ``(xv) retrofitting dedicated short-range 
            communications (DSRC) technology deployed as part of an 
            existing pilot program to cellular vehicle-to-everything 
            (C-V2X) technology, subject to the condition that the 
            retrofitted technology operates only within the existing 
            spectrum allocations for connected vehicle systems; or
                ``(xvi) advanced transportation technologies, in 
            accordance with the research areas described in section 
            6503 of title 49.'';
        (7) in subparagraph (F)(ii)(IV), by striking ``efficiency and 
    multimodal system performance'' and inserting ``mobility, 
    efficiency, multimodal system performance, and payment system 
    performance'';
        (8) in subparagraph (G)--
            (A) by redesignating clauses (vi) through (viii) as clauses 
        (vii) through (ix), respectively; and
            (B) by inserting after clause (v) the following:
                ``(vi) improved integration of payment systems;'';
        (9) in subparagraph (I)(i), by striking ``fiscal years 2016 
    through 2020'' and inserting ``fiscal years 2022 through 2026'';
        (10) in subparagraph (J), by striking ``50'' and inserting 
    ``80''; and
        (11) in subparagraph (N)--
            (A) in the matter preceding clause (i), by striking ``, the 
        following definitions apply'';
            (B) in clause (i), by striking ``representing a population 
        of over 200,000''; and
            (C) in clause (iii), in the matter preceding subclause (I), 
        by striking ``a any'' and inserting ``any''.
    (c) Center of Excellence on New Mobility and Automated Vehicles.--
Section 503(c) of title 23, United States Code (as amended by 
subsection (a)(3)(D)), is amended by adding at the end the following:
        ``(6) Center of excellence.--
            ``(A) Definitions.--In this paragraph:
                ``(i) Highly automated vehicle.--The term `highly 
            automated vehicle' means a motor vehicle that--

                    ``(I) has a taxable gross weight (as defined in 
                section 41.4482(b)-1 of title 26, Code of Federal 
                Regulations (or successor regulations)) of 10,000 
                pounds or less; and
                    ``(II) is equipped with a Level 3, Level 4, or 
                Level 5 automated driving system (as defined in the SAE 
                International Recommended Practice numbered J3016 and 
                dated June 15, 2018 (or a subsequent standard adopted 
                by the Secretary)).

                ``(ii) New mobility.--The term `new mobility' includes 
            shared services such as--

                    ``(I) docked and dockless bicycles;
                    ``(II) docked and dockless electric scooters; and
                    ``(III) transportation network companies.

            ``(B) Establishment.--Not later than 1 year after the date 
        of enactment of the Surface Transportation Reauthorization Act 
        of 2021, the Secretary shall establish a Center of Excellence 
        to collect, conduct, and fund research on the impacts of new 
        mobility and highly automated vehicles on land use, urban 
        design, transportation, real estate, equity, and municipal 
        budgets.
            ``(C) Report.--Not later than 1 year after the date on 
        which the Center of Excellence is established, the Secretary 
        shall submit a report that describes the results of the 
        research regarding the impacts of new mobility and highly 
        automated vehicles to the Committees on Environment and Public 
        Works and Commerce, Science, and Transportation of the Senate 
        and the Committees on Transportation and Infrastructure and 
        Energy and Commerce of the House of Representatives.
            ``(D) Partnerships.--In establishing the Center of 
        Excellence under subparagraph (B), the Secretary shall enter 
        into appropriate partnerships with any institution of higher 
        education (as defined in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001)) or public or private research 
        entity.''.
    (d) Accelerated Implementation and Deployment of Advanced Digital 
Construction Management Systems.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that includes--
        (1) a description of--
            (A) the current status of the use of advanced digital 
        construction management systems in each State; and
            (B) the progress of each State toward accelerating the 
        adoption of advanced digital construction management systems; 
        and
        (2) an analysis of the savings in project delivery time and 
    project costs that can be achieved through the use of advanced 
    digital construction management systems.
    (e) Open Challenge and Research Proposal Pilot Program.--
        (1) In general.--The Secretary shall establish an open 
    challenge and research proposal pilot program under which eligible 
    entities may propose open highway challenges and research proposals 
    that are linked to identified or potential research needs.
        (2) Requirements.--A research proposal submitted to the 
    Secretary by an eligible entity shall address--
            (A) a research need identified by the Secretary or the 
        Administrator of the Federal Highway Administration; or
            (B) an issue or challenge that the Secretary determines to 
        be important.
        (3) Eligible entities.--An entity eligible to submit a research 
    proposal under the pilot program under paragraph (1) is--
            (A) a State;
            (B) a unit of local government;
            (C) a university transportation center under section 5505 
        of title 49, United States Code;
            (D) a private nonprofit organization;
            (E) a private sector organization working in collaboration 
        with an entity described in subparagraphs (A) through (D); and
            (F) any other individual or entity that the Secretary 
        determines to be appropriate.
        (4) Project review.--The Secretary shall--
            (A) review each research proposal submitted under the pilot 
        program under paragraph (1); and
            (B) provide to the eligible entity a written notice that--
                (i) if the research proposal is not selected--

                    (I) notifies the eligible entity that the research 
                proposal has not been selected for funding;
                    (II) provides an explanation as to why the research 
                proposal was not selected, including if the research 
                proposal does not cover an area of need; and
                    (III) if applicable, recommend that the research 
                proposal be submitted to another research program and 
                provide guidance and direction to the eligible entity 
                and the proposed research program office; and

                (ii) if the research proposal is selected, notifies the 
            eligible entity that the research proposal has been 
            selected for funding.
        (5) Federal share.--
            (A) In general.--The Federal share of the cost of an 
        activity carried out under this subsection shall not exceed 80 
        percent.
            (B) Non-federal share.--All costs directly incurred by the 
        non-Federal partners, including personnel, travel, facility, 
        and hardware development costs, shall be credited toward the 
        non-Federal share of the cost of an activity carried out under 
        this subsection.
    (f) Conforming Amendment.--Section 167 of title 23, United States 
Code, is amended--
        (1) by striking subsection (h); and
        (2) by redesignating subsections (i) through (l) as subsections 
    (h) through (k), respectively.
SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.
    (a) Surface Transportation Workforce Development, Training, and 
Education.--Section 504(e) of title 23, United States Code, is 
amended--
        (1) in paragraph (1)--
            (A) by redesignating subparagraphs (D) through (G) as 
        subparagraphs (E), (F), (H), and (I), respectively;
            (B) by inserting after subparagraph (C) the following:
            ``(D) pre-apprenticeships, apprenticeships, and career 
        opportunities for on-the-job training;'';
            (C) in subparagraph (E) (as so redesignated), by striking 
        ``or community college'' and inserting ``, college, community 
        college, or vocational school''; and
            (D) by inserting after subparagraph (F) (as so 
        redesignated) the following:
            ``(G) activities associated with workforce training and 
        employment services, such as targeted outreach and partnerships 
        with industry, economic development organizations, workforce 
        development boards, and labor organizations;'';
        (2) in paragraph (2), by striking ``paragraph (1)(G)'' and 
    inserting ``paragraph (1)(I)''; and
        (3) in paragraph (3)--
            (A) by striking the period at the end and inserting a 
        semicolon;
            (B) by striking ``including activities'' and inserting the 
        following: ``including--
            ``(A) activities''; and
            (C) by adding at the end the following:
            ``(B) activities that address current workforce gaps, such 
        as work on construction projects, of State and local 
        transportation agencies;
            ``(C) activities to develop a robust surface transportation 
        workforce with new skills resulting from emerging 
        transportation technologies; and
            ``(D) activities to attract new sources of job-creating 
        investment.''.
    (b) Transportation Education and Training Development and 
Deployment Program.--Section 504(f) of title 23, United States Code, is 
amended--
        (1) in the subsection heading, by striking ``Development'' and 
    inserting ``and Training Development and Deployment'';
        (2) by striking paragraph (1) and inserting the following:
        ``(1) Establishment.--The Secretary shall establish a program 
    to make grants to educational institutions or State departments of 
    transportation, in partnership with industry and relevant Federal 
    departments and agencies--
            ``(A) to develop, test, and review new curricula and 
        education programs to train individuals at all levels of the 
        transportation workforce; or
            ``(B) to implement the new curricula and education programs 
        to provide for hands-on career opportunities to meet current 
        and future needs.'';
        (3) in paragraph (2)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``shall'' and inserting ``may'';
            (B) in subparagraph (A), by inserting ``current or future'' 
        after ``specific''; and
            (C) in subparagraph (E)--
                (i) by striking ``in nontraditional departments'';
                (ii) by inserting ``construction,'' after ``such as''; 
            and
                (iii) by inserting ``or emerging'' after 
            ``industrial'';
        (4) by redesignating paragraph (3) as paragraph (4); and
        (5) by inserting after paragraph (2) the following:
        ``(3) Reporting.--The Secretary shall establish minimum 
    reporting requirements for grant recipients under this subsection, 
    which may include, with respect to a program carried out with a 
    grant under this subsection--
            ``(A) the percentage or number of program participants that 
        are employed during the second quarter after exiting the 
        program;
            ``(B) the percentage or number of program participants that 
        are employed during the fourth quarter after exiting the 
        program;
            ``(C) the median earnings of program participants that are 
        employed during the second quarter after exiting the program;
            ``(D) the percentage or number of program participants that 
        obtain a recognized postsecondary credential or a secondary 
        school diploma (or a recognized equivalent) during 
        participation in the program or by not later than 1 year after 
        exiting the program; and
            ``(E) the percentage or number of program participants 
        that, during a program year--
                ``(i) are in an education or training program that 
            leads to a recognized postsecondary credential or 
            employment; and
                ``(ii) are achieving measurable skill gains toward such 
            a credential or employment.''.
    (c) Use of Funds.--Section 504 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(i) Use of Funds.--The Secretary may use funds made available to 
carry out this section to carry out activities related to workforce 
development and technical assistance and training if--
        ``(1) the activities are authorized by another provision of 
    this title; and
        ``(2) the activities are for entities other than employees of 
    the Secretary, such as States, units of local government, Federal 
    land management agencies, and Tribal governments.''.
SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.
    (a) General Authorities and Requirements Regarding Wildlife and 
Habitat.--Section 515(h)(2) of title 23, United States Code, is 
amended--
        (1) in subparagraph (K), by striking ``and'' at the end;
        (2) by redesignating subparagraphs (D), (E), (F), (G), (H), 
    (I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I), 
    (K), (L), (M), and (O), respectively;
        (3) by inserting after subparagraph (C) the following:
            ``(D) a representative from a State, local, or regional 
        wildlife, land use, or resource management agency;'';
        (4) by inserting after subparagraph (I) (as so redesignated) 
    the following:
            ``(J) an academic researcher who is a biological or 
        ecological scientist with expertise in transportation 
        issues;''; and
        (5) by inserting after subparagraph (M) (as so redesignated) 
    the following:
            ``(N) a representative from a public interest group 
        concerned with the impact of the transportation system on 
        terrestrial and aquatic species and the habitat of those 
        species; and''.
    (b) Animal Detection Systems Research and Development.--Section 
516(b)(6) of title 23, United States Code, is amended by inserting ``, 
including animal detection systems to reduce the number of wildlife-
vehicle collisions'' after ``systems''.
SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF 
EXCELLENCE.
    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 520. Transportation Resilience and Adaptation Centers of 
   Excellence
    ``(a) Definition of Center of Excellence.--In this section, the 
term `Center of Excellence' means a Center of Excellence for Resilience 
and Adaptation designated under subsection (b).
    ``(b) Designation.--The Secretary shall designate 10 regional 
Centers of Excellence for Resilience and Adaptation and 1 national 
Center of Excellence for Resilience and Adaptation, which shall serve 
as a coordinator for the regional Centers, to receive grants to advance 
research and development that improves the resilience of regions of the 
United States to natural disasters and extreme weather by promoting the 
resilience of surface transportation infrastructure and infrastructure 
dependent on surface transportation.
    ``(c) Eligibility.--An entity eligible to be designated as a Center 
of Excellence is--
        ``(1) an institution of higher education (as defined in section 
    102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); or
        ``(2) a consortium of nonprofit organizations led by an 
    institution of higher education.
    ``(d) Application.--To be eligible to be designated as a Center of 
Excellence, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including a proposal that 
includes a description of the activities to be carried out with a grant 
under this section.
    ``(e) Selection.--
        ``(1) Regional centers of excellence.--The Secretary shall 
    designate 1 regional Center of Excellence in each of the 10 Federal 
    regions that comprise the Standard Federal Regions established by 
    the Office of Management and Budget in the document entitled 
    `Standard Federal Regions' and dated April 1974 (circular A-105).
        ``(2) National center of excellence.--The Secretary shall 
    designate 1 national Center of Excellence to coordinate the 
    activities of all 10 regional Centers of Excellence to minimize 
    duplication and promote coordination and dissemination of research 
    among the Centers.
        ``(3) Criteria.--In selecting eligible entities to designate as 
    a Center of Excellence, the Secretary shall consider--
            ``(A) the past experience and performance of the eligible 
        entity in carrying out activities described in subsection (g);
            ``(B) the merits of the proposal of an eligible entity and 
        the extent to which the proposal would--
                ``(i) advance the state of practice in resilience 
            planning and identify innovative resilience solutions for 
            transportation assets and systems;
                ``(ii) support activities carried out under the PROTECT 
            program under section 176;
                ``(iii) support and build on work being carried out by 
            another Federal agency relating to resilience;
                ``(iv) inform transportation decisionmaking at all 
            levels of government;
                ``(v) engage local, regional, Tribal, State, and 
            national stakeholders, including, if applicable, 
            stakeholders representing transportation, transit, urban, 
            and land use planning, natural resources, environmental 
            protection, hazard mitigation, and emergency management; 
            and
                ``(vi) engage community groups and other stakeholders 
            that will be affected by transportation decisions, 
            including underserved, economically disadvantaged, rural, 
            and predominantly minority communities; and
            ``(C) the local, regional, Tribal, State, and national 
        impacts of the proposal of the eligible entity.
    ``(f) Grants.--Subject to the availability of appropriations, the 
Secretary shall provide to each Center of Excellence a grant of not 
less than $5,000,000 for each of fiscal years 2022 through 2031 to 
carry out the activities described in subsection (g).
    ``(g) Activities.--In carrying out this section, the Secretary 
shall ensure that a Center of Excellence uses the funds from a grant 
under subsection (f) to promote resilient transportation 
infrastructure, including through--
        ``(1) supporting climate vulnerability assessments informed by 
    climate change science, including national climate assessments 
    produced by the United States Global Change Research Program under 
    section 106 of the Global Change Research Act of 1990 (15 U.S.C. 
    2936), relevant feasibility analyses of resilient transportation 
    improvements, and transportation resilience planning;
        ``(2) development of new design, operations, and maintenance 
    standards for transportation infrastructure that can inform Federal 
    and State decisionmaking;
        ``(3) research and development of new materials and 
    technologies that could be integrated into existing and new 
    transportation infrastructure;
        ``(4) development, refinement, and piloting of new and emerging 
    resilience improvements and strategies, including natural 
    infrastructure approaches and relocation;
        ``(5) development of and investment in new approaches for 
    facilitating meaningful engagement in transportation decisionmaking 
    by local, Tribal, regional, or national stakeholders and 
    communities;
        ``(6) technical capacity building to facilitate the ability of 
    local, regional, Tribal, State, and national stakeholders--
            ``(A) to assess the vulnerability of transportation 
        infrastructure assets and systems;
            ``(B) to develop community response strategies;
            ``(C) to meaningfully engage with community stakeholders; 
        and
            ``(D) to develop strategies and improvements for enhancing 
        transportation infrastructure resilience under current 
        conditions and a range of potential future conditions;
        ``(7) workforce development and training;
        ``(8) development and dissemination of data, tools, techniques, 
    assessments, and information that informs Federal, State, Tribal, 
    and local government decisionmaking, policies, planning, and 
    investments;
        ``(9) education and outreach regarding transportation 
    infrastructure resilience; and
        ``(10) technology transfer and commercialization.
    ``(h) Federal Share.--The Federal share of the cost of an activity 
under this section, including the costs of establishing and operating a 
Center of Excellence, shall be 50 percent.''.
    (b) Clerical Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding at the end the following:
``520. Transportation Resilience and Adaptation Centers of 
          Excellence.''.
SEC. 13010. TRANSPORTATION ACCESS PILOT PROGRAM.
    (a) Definitions.--In this section:
        (1) Metropolitan planning organization.--The term 
    ``metropolitan planning organization'' has the meaning given the 
    term in section 134(b) of title 23, United States Code.
        (2) State.--The term ``State'' has the meaning given the term 
    in section 101(a) of title 23, United States Code.
        (3) Surface transportation modes.--The term ``surface 
    transportation modes'' means--
            (A) driving;
            (B) public transportation;
            (C) walking;
            (D) cycling; and
            (E) a combination of any of the modes of transportation 
        described in subparagraphs (A) through (D).
        (4) Pilot program.--The term ``pilot program'' means the 
    transportation pilot program established under subsection (b).
        (5) Regional transportation planning organization.--The term 
    ``regional transportation planning organization'' has the meaning 
    given the term in section 134(b) of title 23, United States Code.
    (b) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish a transportation 
pilot program.
    (c) Purpose.--The purpose of the pilot program is to develop or 
procure an accessibility data set and make that data set available to 
each eligible entity selected to participate in the pilot program--
        (1) to improve the transportation planning of those eligible 
    entities by--
            (A) measuring the level of access by surface transportation 
        modes to important destinations, which may include--
                (i) jobs;
                (ii) health care facilities;
                (iii) child care services;
                (iv) educational and workforce training facilities;
                (v) housing;
                (vi) food sources;
                (vii) points within the supply chain for freight 
            commodities;
                (viii) domestic or international markets; and
                (ix) connections between surface transportation modes; 
            and
            (B) disaggregating the level of access by surface 
        transportation modes by a variety of--
                (i) population categories, which may include--

                    (I) low-income populations;
                    (II) minority populations;
                    (III) age;
                    (IV) disability; and
                    (V) geographical location; or

                (ii) freight commodities, which may include--

                    (I) agricultural commodities;
                    (II) raw materials;
                    (III) finished products; and
                    (IV) energy commodities; and

        (2) to assess the change in accessibility that would result 
    from new transportation investments.
    (d) Eligible Entities.--An entity eligible to participate in the 
pilot program is--
        (1) a State;
        (2) a metropolitan planning organization; or
        (3) a regional transportation planning organization.
    (e) Application.--To be eligible to participate in the pilot 
program, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including information 
relating to--
        (1) previous experience of the eligible entity measuring 
    transportation access or other performance management experience, 
    if applicable;
        (2) the types of important destinations to which the eligible 
    entity intends to measure access;
        (3) the types of data disaggregation the eligible entity 
    intends to pursue;
        (4) a general description of the methodology the eligible 
    entity intends to apply; and
        (5) if the applicant does not intend the pilot program to apply 
    to the full area under the jurisdiction of the applicant, a 
    description of the geographic area in which the applicant intends 
    the pilot program to apply.
    (f) Selection.--
        (1) In general.--The Secretary shall seek to achieve diversity 
    of participants in the pilot program by selecting a range of 
    eligible entities that shall include--
            (A) States;
            (B) metropolitan planning organizations that serve an area 
        with a population of 200,000 people or fewer;
            (C) metropolitan planning organizations that serve an area 
        with a population of over 200,000 people; and
            (D) regional transportation planning organizations.
        (2) Inclusions.--The Secretary shall seek to ensure that, among 
    the eligible entities selected under paragraph (1), there is--
            (A) a range of capacity and previous experience with 
        measuring transportation access; and
            (B) a variety of proposed methodologies and focus areas for 
        measuring level of access.
    (g) Duties.--For each eligible entity participating in the pilot 
program, the Secretary shall--
        (1) develop or acquire an accessibility data set described in 
    subsection (c); and
        (2) submit the data set to the eligible entity.
    (h) Methodology.--In calculating the measures for the data set 
under the pilot program, the Secretary shall ensure that methodology is 
open source.
    (i) Availability.--The Secretary shall make an accessibility data 
set under the pilot program available to--
        (1) units of local government within the jurisdiction of the 
    eligible entity participating in the pilot program; and
        (2) researchers.
    (j) Report.--Not later than 2 years after the date of enactment of 
this Act, and every 2 years thereafter, the Secretary shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the results of the pilot program, including 
the feasibility of developing and providing periodic accessibility data 
sets for all States, regions, and localities.
    (k) Transportation System Access.--
        (1) In general.--The Secretary shall establish consistent 
    measures that States, metropolitan planning organizations, and 
    regional transportation planning organizations may choose to adopt 
    to assess the level of safe and convenient access by surface 
    transportation modes to important destinations as described in 
    subsection (c)(1)(A).
        (2) Savings provision.--Nothing in this section provides the 
    Secretary the authority--
            (A) to establish a performance measure or require States or 
        metropolitan planning organizations to set a performance target 
        for access as described in paragraph (1); or
            (B) to establish any other Federal requirement.
    (l) Funding.--The Secretary shall carry out the pilot program using 
amounts made available to the Secretary for administrative expenses to 
carry out programs under the authority of the Secretary.
    (m) Sunset.--The pilot program shall terminate on the date that is 
8 years after the date on which the pilot program is implemented.

                        TITLE IV--INDIAN AFFAIRS

SEC. 14001. DEFINITION OF SECRETARY.
    In this title, the term ``Secretary'' means the Secretary of the 
Interior.
SEC. 14002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIBAL TRANSPORTATION 
FACILITIES.
    (a) Definition of Tribal Transportation Safety Project.--
        (1) In general.--In this section, the term ``tribal 
    transportation safety project'' means a project described in 
    paragraph (2) that is eligible for funding under section 202 of 
    title 23, United States Code.
        (2) Project described.--A project described in this paragraph 
    is a project that corrects or improves a hazardous road location or 
    feature or addresses a highway safety problem through 1 or more of 
    the activities described in any of the clauses under section 
    148(a)(4)(B) of title 23, United States Code.
    (b) Reviews of Tribal Transportation Safety Projects.--
        (1) In general.--The Secretary or the Secretary of 
    Transportation, as applicable, or the head of another Federal 
    agency responsible for a decision related to a tribal 
    transportation safety project shall complete any approval or 
    decision for the review of the tribal transportation safety project 
    required under the National Environmental Policy Act of 1969 (42 
    U.S.C. 4321 et seq.) or any other applicable Federal law on an 
    expeditious basis using the shortest existing applicable process.
        (2) Review of applications.--Not later than 45 days after the 
    date of receipt of a complete application by an Indian tribe for 
    approval of a tribal transportation safety project, the Secretary 
    or the Secretary of Transportation, as applicable, shall--
            (A) take final action on the application; or
            (B) provide the Indian tribe a schedule for completion of 
        the review described in paragraph (1), including the 
        identification of any other Federal agency that has 
        jurisdiction with respect to the project.
        (3) Decisions under other federal laws.--In any case in which a 
    decision under any other Federal law relating to a tribal 
    transportation safety project (including the issuance or denial of 
    a permit or license) is required, not later than 45 days after the 
    Secretary or the Secretary of Transportation, as applicable, has 
    made all decisions of the lead agency under the National 
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
    respect to the project, the head of the Federal agency responsible 
    for the decision shall--
            (A) make the applicable decision; or
            (B) provide the Indian tribe a schedule for making the 
        decision.
        (4) Extensions.--The Secretary or the Secretary of 
    Transportation, as applicable, or the head of the Federal agency 
    may extend the period under paragraph (2) or (3), as applicable, by 
    an additional 30 days by providing the Indian tribe notice of the 
    extension, including a statement of the need for the extension.
        (5) Notification and explanation.--In any case in which a 
    required action is not completed by the deadline under paragraph 
    (2), (3), or (4), as applicable, the Secretary, the Secretary of 
    Transportation, or the head of a Federal agency, as applicable, 
    shall--
            (A) notify the Committees on Indian Affairs and Environment 
        and Public Works of the Senate and the Committee on Natural 
        Resources of the House of Representatives of the failure to 
        comply with the deadline; and
            (B) provide to the Committees described in subparagraph (A) 
        a detailed explanation of the reasons for the failure to comply 
        with the deadline.
SEC. 14003. PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL EXCLUSIONS.
    (a) In General.--The Secretary and the Secretary of Transportation 
shall enter into programmatic agreements with Indian tribes that 
establish efficient administrative procedures for carrying out 
environmental reviews for projects eligible for assistance under 
section 202 of title 23, United States Code.
    (b) Inclusions.--A programmatic agreement under subsection (a)--
        (1) may include an agreement that allows an Indian tribe to 
    determine, on behalf of the Secretary and the Secretary of 
    Transportation, whether a project is categorically excluded from 
    the preparation of an environmental assessment or environmental 
    impact statement under the National Environmental Policy Act of 
    1969 (42 U.S.C. 4321 et seq.); and
        (2) shall--
            (A) require that the Indian tribe maintain adequate 
        capability in terms of personnel and other resources to carry 
        out applicable agency responsibilities pursuant to section 
        1507.2 of title 40, Code of Federal Regulations (or successor 
        regulations);
            (B) set forth the responsibilities of the Indian tribe for 
        making categorical exclusion determinations, documenting the 
        determinations, and achieving acceptable quality control and 
        quality assurance;
            (C) allow--
                (i) the Secretary and the Secretary of Transportation 
            to monitor compliance of the Indian tribe with the terms of 
            the agreement; and
                (ii) the Indian tribe to execute any needed corrective 
            action;
            (D) contain stipulations for amendments, termination, and 
        public availability of the agreement once the agreement has 
        been executed; and
            (E) have a term of not more than 5 years, with an option 
        for renewal based on a review by the Secretary and the 
        Secretary of Transportation of the performance of the Indian 
        tribe.
SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.
    Section 202(d) of title 23, United States Code, is amended by 
striking paragraph (2) and inserting the following:
        ``(2) Use of funds.--Funds made available to carry out this 
    subsection shall be used--
            ``(A) to carry out any planning, design, engineering, 
        preconstruction, construction, and inspection of new or 
        replacement tribal transportation facility bridges;
            ``(B) to replace, rehabilitate, seismically retrofit, 
        paint, apply calcium magnesium acetate, sodium acetate/formate, 
        or other environmentally acceptable, minimally corrosive anti-
        icing and deicing composition; or
            ``(C) to implement any countermeasure for tribal 
        transportation facility bridges classified as in poor 
        condition, having a low load capacity, or needing geometric 
        improvements, including multiple-pipe culverts.''.
SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.
    There are authorized to be appropriated to the Director of the 
Bureau of Indian Affairs to carry out the road maintenance program of 
the Bureau--
        (1) $50,000,000 for fiscal year 2022;
        (2) $52,000,000 for fiscal year 2023;
        (3) $54,000,000 for fiscal year 2024;
        (4) $56,000,000 for fiscal year 2025; and
        (5) $58,000,000 for fiscal year 2026.
SEC. 14006. STUDY OF ROAD MAINTENANCE ON INDIAN LAND.
    (a) Definitions.--In this section:
        (1) Indian land.--The term ``Indian land'' has the meaning 
    given the term ``Indian lands'' in section 3 of the Native American 
    Business Development, Trade Promotion, and Tourism Act of 2000 (25 
    U.S.C. 4302).
        (2) Indian tribe.--The term ``Indian tribe'' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304).
        (3) Road.--The term ``road'' means a road managed in whole or 
    in part by the Bureau of Indian Affairs.
        (4) Secretary.--The term ``Secretary'' means the Secretary, 
    acting through the Assistant Secretary for Indian Affairs.
    (b) Study.--Not later than 2 years after the date of enactment of 
this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall carry out a study to evaluate--
        (1) the long-term viability and useful life of existing roads 
    on Indian land;
        (2) any steps necessary to achieve the goal of addressing the 
    deferred maintenance backlog of existing roads on Indian land;
        (3) programmatic reforms and performance enhancements necessary 
    to achieve the goal of restructuring and streamlining road 
    maintenance programs on existing or future roads located on Indian 
    land; and
        (4) recommendations on how to implement efforts to coordinate 
    with States, counties, municipalities, and other units of local 
    government to maintain roads on Indian land.
    (c) Tribal Consultation and Input.--Before beginning the study 
under subsection (b), the Secretary shall--
        (1) consult with any Indian tribes that have jurisdiction over 
    roads eligible for funding under the road maintenance program of 
    the Bureau of Indian Affairs; and
        (2) solicit and consider the input, comments, and 
    recommendations of the Indian tribes described in paragraph (1).
    (d) Report.--On completion of the study under subsection (b), the 
Secretary, in consultation with the Secretary of Transportation, shall 
submit to the Committees on Indian Affairs and Environment and Public 
Works of the Senate and the Committees on Natural Resources and 
Transportation and Infrastructure of the House of Representatives a 
report on the results and findings of the study.
    (e) Status Report.--Not later than 2 years after the date of 
enactment of this Act, and not less frequently than every 2 years 
thereafter, the Secretary, in consultation with the Secretary of 
Transportation, shall submit to the Committees on Indian Affairs and 
Environment and Public Works of the Senate and the Committees on 
Natural Resources and Transportation and Infrastructure of the House of 
Representatives a report that includes a description of--
        (1) the progress made toward addressing the deferred 
    maintenance needs of the roads on Indian land, including a list of 
    projects funded during the fiscal period covered by the report;
        (2) the outstanding needs of the roads that have been provided 
    funding to address the deferred maintenance needs;
        (3) the remaining needs of any of the projects referred to in 
    paragraph (1);
        (4) how the goals described in subsection (b) have been met, 
    including--
            (A) an identification and assessment of any deficiencies or 
        shortfalls in meeting the goals; and
            (B) a plan to address the deficiencies or shortfalls in 
        meeting the goals; and
        (5) any other issues or recommendations provided by an Indian 
    tribe under the consultation and input process under subsection (c) 
    that the Secretary determines to be appropriate.
SEC. 14007. MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS.
    The Commissioner of U.S. Customs and Border Protection may transfer 
funds to the Director of the Bureau of Indian Affairs to maintain, 
repair, or reconstruct roads under the jurisdiction of the Director, 
subject to the condition that the Commissioner and the Director shall 
mutually agree that the primary user of the subject road is U.S. 
Customs and Border Protection.
SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS.
    (a) Definitions.--In this section:
        (1) Alaska native.--The term ``Alaska Native'' has the meaning 
    given the term ``Native'' in section 3 of the Alaska Native Claims 
    Settlement Act (43 U.S.C. 1602).
        (2) Alaska native village.--The term ``Alaska Native village'' 
    has the meaning given the term ``Native village'' in section 3 of 
    the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
        (3) Indian tribe.--The term ``Indian tribe'' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304).
    (b) Best Practices, Standardized Crash Report Form.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary of Transportation, in 
    consultation with the Secretary, Indian tribes, Alaska Native 
    villages, and State departments of transportation shall develop--
            (A) best practices for the compiling, analysis, and sharing 
        of motor vehicle crash data for crashes occurring on Indian 
        reservations and in Alaska Native communities; and
            (B) a standardized form for use by Indian tribes and Alaska 
        Native communities to carry out those best practices.
        (2) Purpose.--The purpose of the best practices and 
    standardized form developed under paragraph (1) shall be to improve 
    the quality and quantity of crash data available to and used by the 
    Federal Highway Administration, State departments of 
    transportation, Indian tribes, and Alaska Native villages.
        (3) Report.--On completion of the development of the best 
    practices and standardized form under paragraph (1), the Secretary 
    of Transportation shall submit to the Committees on Indian Affairs 
    and Environment and Public Works of the Senate and the Committees 
    on Natural Resources and Transportation and Infrastructure of the 
    House of Representatives a report describing the best practices and 
    standardized form.
    (c) Use of IMARS.--The Director of the Bureau of Indian Affairs 
shall require all law enforcement offices of the Bureau, for the 
purpose of reporting motor vehicle crash data for crashes occurring on 
Indian reservations and in Alaska Native communities--
        (1) to use the crash report form of the applicable State; and
        (2) to upload the information on that form to the Incident 
    Management Analysis and Reporting System (IMARS) of the Department 
    of the Interior.
    (d) Tribal Transportation Program Safety Funding.--Section 
202(e)(1) of title 23, United States Code, is amended by striking ``2 
percent'' and inserting ``4 percent''.
SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
    Section 102 of title 49, United States Code, is amended--
        (1) in subsection (e)(1)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``6 Assistant'' and inserting ``7 Assistant'';
            (B) in subparagraph (C), by striking ``and'' after the 
        semicolon;
            (C) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (D) by inserting after subparagraph (C) the following:
            ``(D) an Assistant Secretary for Tribal Government Affairs, 
        who shall be appointed by the President; and''; and
        (2) in subsection (f), by striking the subsection designation 
    and heading and all that follows through the end of paragraph (1) 
    and inserting the following:
    ``(f) Office of Tribal Government Affairs.--
        ``(1) Establishment.--There is established in the Department an 
    Office of Tribal Government Affairs, under the Assistant Secretary 
    for Tribal Government Affairs--
            ``(A) to oversee the tribal self-governance program under 
        section 207 of title 23;
            ``(B) to plan, coordinate, and implement policies and 
        programs serving Indian Tribes and Tribal organizations;
            ``(C) to coordinate Tribal transportation programs and 
        activities in all offices and administrations of the 
        Department; and
            ``(D) to be a participant in any negotiated rulemakings 
        relating to, or having an impact on, projects, programs, or 
        funding associated with the Tribal transportation program under 
        section 202 of title 23.''.

       DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021

SEC. 20001. SHORT TITLE.
    This division may be cited as the ``Surface Transportation 
Investment Act of 2021''.
SEC. 20002. DEFINITIONS.
    In this division:
        (1) Department.--The term ``Department'' means the Department 
    of Transportation.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Transportation.

             TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
                 Subtitle A--Multimodal Freight Policy

SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND POLICY.
    (a) In General.--Chapter 1 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 118. Office of Multimodal Freight Infrastructure and Policy
    ``(a) Definitions.--In this section:
        ``(1) Department.--The term `Department' means the Department 
    of Transportation.
        ``(2) Freight office.--The term `Freight Office' means the 
    Office of Multimodal Freight Infrastructure and Policy established 
    under subsection (b).
        ``(3) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.
    ``(b) Establishment.--The Secretary shall establish within the 
Department an Office of Multimodal Freight Infrastructure and Policy.
    ``(c) Purposes.--The purposes of the Freight Office shall be--
        ``(1) to carry out the national multimodal freight policy 
    described in section 70101;
        ``(2) to administer and oversee certain multimodal freight 
    grant programs within the Department in accordance with subsection 
    (d);
        ``(3) to promote and facilitate the sharing of information 
    between the private and public sectors with respect to freight 
    issues;
        ``(4) to conduct research on improving multimodal freight 
    mobility, and to oversee the freight research activities of the 
    various agencies within the Department;
        ``(5) to assist cities and States in developing freight 
    mobility and supply chain expertise;
        ``(6) to liaise and coordinate with other Federal departments 
    and agencies; and
        ``(7) to carry out other duties, as prescribed by the 
    Secretary.
    ``(d) Administration of Policies and Programs.--The Freight Office 
shall--
        ``(1) develop and manage--
            ``(A) the national freight strategic plan described in 
        section 70102; and
            ``(B) the National Multimodal Freight Network established 
        under section 70103;
        ``(2)(A) oversee the development and updating of the State 
    freight plans described in section 70202; and
        ``(B) provide guidance or best practices relating to the 
    development and updating of State freight plans under that section;
        ``(3)(A) administer multimodal freight grant programs, 
    including multimodal freight grants established under section 117 
    of title 23; and
        ``(B) establish procedures for analyzing and evaluating 
    applications for grants under those programs;
        ``(4) assist States in the establishment of--
            ``(A) State freight advisory committees under section 
        70201; and
            ``(B) multi-State freight mobility compacts under section 
        70204; and
        ``(5) provide to the Bureau of Transportation Statistics input 
    regarding freight data and planning tools.
    ``(e) Assistant Secretary.--
        ``(1) In general.--The Freight Office shall be headed by an 
    Assistant Secretary for Multimodal Freight, who shall--
            ``(A) be appointed by the President, by and with the advice 
        and consent of the Senate; and
            ``(B) have professional standing and demonstrated knowledge 
        in the field of freight transportation.
        ``(2) Duties.--The Assistant Secretary shall--
            ``(A) report to the Under Secretary of Transportation for 
        Policy;
            ``(B) be responsible for the management and oversight of 
        the activities, decisions, operations, and personnel of the 
        Freight Office;
            ``(C) work with the modal administrations of the Department 
        to encourage multimodal collaboration; and
            ``(D) carry out such additional duties as the Secretary may 
        prescribe.
    ``(f) Consolidation and Elimination of Duplicative Offices.--
        ``(1) Consolidation of offices and office functions.--The 
    Secretary may consolidate into the Freight Office any office or 
    office function within the Department that the Secretary determines 
    has duties, responsibilities, resources, or expertise that support 
    the purposes of the Freight Office.
        ``(2) Elimination of offices.--The Secretary may eliminate any 
    office within the Department if the Secretary determines that--
            ``(A) the purposes of the office are duplicative of the 
        purposes of the Freight Office;
            ``(B) the office or the functions of the office have been 
        substantially consolidated with the Freight Office pursuant to 
        paragraph (1);
            ``(C) the elimination of the office will not adversely 
        affect the requirements of the Secretary under any Federal law; 
        and
            ``(D) the elimination of the office will improve the 
        efficiency and effectiveness of the programs and functions 
        conducted by the office.
    ``(g) Staffing and Budgetary Resources.--
        ``(1) In general.--The Secretary shall ensure that the Freight 
    Office is adequately staffed and funded.
        ``(2) Staffing.--
            ``(A) Transfer of positions to freight office.--Subject to 
        subparagraph (B), the Secretary may transfer to the Freight 
        Office any position within any other office of the Department 
        if the Secretary determines that the position is necessary to 
        carry out the purposes of the Freight Office.
            ``(B) Requirement.--If the Secretary transfers a position 
        to the Freight Office pursuant to subparagraph (A), the 
        Secretary, in coordination with the appropriate modal 
        administration of the Department, shall ensure that the 
        transfer of the position does not adversely affect the 
        requirements of the modal administration under any Federal law.
        ``(3) Budgetary resources.--
            ``(A) Transfer of funds from consolidated or eliminated 
        offices.--
                ``(i) In general.--To carry out the purposes of the 
            Freight Office, the Secretary may transfer to the Freight 
            Office from any office or office function that is 
            consolidated or eliminated under subsection (f) any funds 
            allocated for the consolidated or eliminated office or 
            office function.
                ``(ii) Retransfer.--Any portion of any funds or 
            limitations of obligations transferred to the Freight 
            Office pursuant to clause (i) may be transferred back to, 
            and merged with, the original account.
            ``(B) Transfer of funds allocated for administrative 
        costs.--
                ``(i) In general.--The Secretary may transfer to the 
            Freight Office any funds allocated for the administrative 
            costs of the programs referred to in subsection (d)(3).
                ``(ii) Retransfer.--Any portion of any funds or 
            limitations of obligations transferred to the Freight 
            Office pursuant to clause (i) may be transferred back to, 
            and merged with, the original account.
    ``(h) Website.--
        ``(1) Description of freight office.--The Secretary shall make 
    publicly available on the website of the Department a description 
    of the Freight Office, including a description of--
            ``(A) the programs managed or made available by the Freight 
        Office; and
            ``(B) the eligibility requirements for those programs.
        ``(2) Clearinghouse.--The Secretary may establish a 
    clearinghouse for tools, templates, guidance, and best practices on 
    a page of the website of the Department that supports the purposes 
    of this section.
    ``(i) Notification to Congress.--Not later than 1 year after the 
date of enactment of this section, and not less frequently than once 
every 180 days thereafter until the date on which the Secretary 
determines that the requirements of this section have been met, the 
Secretary shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a notification that--
        ``(1) describes--
            ``(A) the programs and activities administered or overseen 
        by the Freight Office; and
            ``(B) the status of those programs and activities;
        ``(2) identifies--
            ``(A) the number of employees working in the Freight Office 
        as of the date of the notification;
            ``(B) the total number of employees expected to join the 
        Freight Office to support the programs and activities described 
        in paragraph (1); and
            ``(C) the total number of positions that, as a result of 
        the consolidation of offices under this section, were--
                ``(i) eliminated; or
                ``(ii) transferred, assigned, or joined to the Freight 
            Office;
        ``(3)(A) indicates whether the Secretary has consolidated into 
    the Freight Office any office or office function pursuant to 
    subsection (f)(1); and
        ``(B) if the Secretary has consolidated such an office or 
    function, describes the rationale for the consolidation;
        ``(4)(A) indicates whether the Secretary has eliminated any 
    office pursuant to subsection (f)(2); and
        ``(B) if the Secretary has eliminated such an office, describes 
    the rationale for the elimination;
        ``(5) describes any other actions carried out by the Secretary 
    to implement this section; and
        ``(6) describes any recommendations of the Secretary for 
    legislation that may be needed to further implement this section.
    ``(j) Savings Provisions.--
        ``(1) Effect on other law.--Except as otherwise provided in 
    this section, nothing in this section alters or affects any law 
    (including regulations) with respect to a program referred to in 
    subsection (d).
        ``(2) Effect on responsibilities of other agencies.--Except as 
    otherwise provided in this section, nothing in this section 
    abrogates the responsibilities of any agency, operating 
    administration, or office within the Department that is otherwise 
    charged by law (including regulations) with any aspect of program 
    administration, oversight, or project approval or implementation 
    with respect to a program or project subject to the 
    responsibilities of the Freight Office under this section.
        ``(3) Effect on pending applications.--Nothing in this section 
    affects any pending application under a program referred to in 
    subsection (d) that was received by the Secretary on or before the 
    date of enactment of the Surface Transportation Investment Act of 
    2021.
    ``(k) Authorization of Appropriations.--
        ``(1) In general.--There are authorized to be appropriated to 
    the Secretary such sums as are necessary to carry out this section.
        ``(2) Certain activities.--Authorizations under subsections (f) 
    and (g) are subject to appropriations.''.
    (b) GAO Review.--The Comptroller General of the United States 
shall--
        (1) conduct a review of the activities carried out by the 
    Secretary pursuant to section 118 of title 49, United States Code; 
    and
        (2) develop recommendations regarding additional activities--
            (A) to improve the consolidation of duplicative functions 
        within the Department; and
            (B) to promote increased staff efficiency for program 
        management within the Department.
    (c) Clerical Amendment.--The analysis for chapter 1 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 117 the following:
``118. Office of Multimodal Freight Infrastructure and Policy.''.

    (d) Conforming Amendments.--
        (1) Section 70101(c) of title 49, United States Code, is 
    amended, in the matter preceding paragraph (1), by striking ``Under 
    Secretary of Transportation for Policy'' and inserting ``Assistant 
    Secretary for Multimodal Freight''.
        (2) Section 70102 of title 49, United States Code, is amended--
            (A) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``Not later'' and all that follows through 
        ``the Under Secretary of Transportation for Policy'' and 
        inserting ``The Assistant Secretary for Multimodal Freight 
        (referred to in this section as the `Assistant Secretary')'';
            (B) in subsection (b)(4), in the matter preceding 
        subparagraph (A), by striking ``Under Secretary'' and inserting 
        ``Assistant Secretary'';
            (C) in subsection (c), by striking ``Under Secretary'' and 
        inserting ``Assistant Secretary''; and
            (D) in subsection (d), in the matter preceding paragraph 
        (1), by striking ``Under Secretary'' and inserting ``Assistant 
        Secretary''.
        (3) Section 70103 of title 49, United States Code, is amended--
            (A) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``Under Secretary of Transportation for 
        Policy'' and inserting ``Assistant Secretary for Multimodal 
        Freight (referred to in this section as the `Assistant 
        Secretary')'';
            (B) by striking subsection (b);
            (C) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively;
            (D) in subsection (b) (as so redesignated)--
                (i) in the subsection heading, by striking ``Final 
            Network'' and inserting ``Designation of National 
            Multimodal Freight Network'';
                (ii) in paragraph (1), in the matter preceding 
            subparagraph (A), by striking ``Not later'' and all that 
            follows through ``Under Secretary'' and inserting ``The 
            Assistant Secretary'';
                (iii) in paragraph (2), in the matter preceding 
            subparagraph (A), by striking ``Under Secretary'' and 
            inserting ``Assistant Secretary''; and
                (iv) in paragraph (3), in the matter preceding 
            subparagraph (A), by striking ``Under Secretary'' and 
            inserting ``Assistant Secretary''; and
            (E) in subsection (c) (as so redesignated)--
                (i) by striking ``subsection (c)'' each place it 
            appears and inserting ``subsection (b)''; and
                (ii) by striking ``Under Secretary'' and inserting 
            ``Assistant Secretary''.
        (4) Section 116(d)(1) of title 49, United States Code, is 
    amended by striking subparagraph (D).
SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.
    Section 70102(b) of title 49, United States Code, is amended--
        (1) in paragraph (10), by striking ``and'' at the end;
        (2) in paragraph (11), by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following:
        ``(12) best practices for reducing environmental impacts of 
    freight movement (including reducing local air pollution from 
    freight movement, stormwater runoff, and wildlife habitat loss 
    resulting from freight facilities, freight vehicles, or freight 
    activity);
        ``(13) possible strategies to increase the resilience of the 
    freight system, including the ability to anticipate, prepare for, 
    or adapt to conditions, or withstand, respond to, or recover 
    rapidly from disruptions, including extreme weather and natural 
    disasters;
        ``(14) strategies to promote United States economic growth and 
    international competitiveness;
        ``(15) consideration of any potential unique impacts of the 
    national freight system on rural and other underserved and 
    historically disadvantaged communities;
        ``(16) strategies for decarbonizing freight movement, as 
    appropriate; and
        ``(17) consideration of the impacts of e-commerce on the 
    national multimodal freight system.''.
SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL FREIGHT 
NETWORK.
    Subsection (b) of section 70103 of title 49, United States Code (as 
redesignated by section 21101(d)(3)(C)), is amended--
        (1) in paragraph (3), by striking subparagraph (C) and 
    inserting the following:
            ``(C) provide to the States an opportunity to submit 
        proposed designations from the States in accordance with 
        paragraph (4).''; and
        (2) in paragraph (4)--
            (A) in subparagraph (C)(i), by striking ``20 percent'' and 
        inserting ``30 percent''; and
            (B) by adding at the end the following:
            ``(E) Condition for acceptance.--The Secretary shall accept 
        from a State a designation under subparagraph (D) only if the 
        Secretary determines that the designation meets the applicable 
        requirements of subparagraph (A).''.
SEC. 21104. IMPROVING STATE FREIGHT PLANS.
    (a) In General.--Section 70202 of title 49, United States Code, is 
amended--
        (1) in subsection (b)--
            (A) in paragraph (9), by striking ``and'' at the end;
            (B) by redesignating paragraph (10) as paragraph (17); and
            (C) by inserting after paragraph (9) the following:
        ``(10) the most recent commercial motor vehicle parking 
    facilities assessment conducted by the State under subsection (f);
        ``(11) the most recent supply chain cargo flows in the State, 
    expressed by mode of transportation;
        ``(12) an inventory of commercial ports in the State;
        ``(13) if applicable, consideration of the findings or 
    recommendations made by any multi-State freight compact to which 
    the State is a party under section 70204;
        ``(14) the impacts of e-commerce on freight infrastructure in 
    the State;
        ``(15) considerations of military freight;
        ``(16) strategies and goals to decrease--
            ``(A) the severity of impacts of extreme weather and 
        natural disasters on freight mobility;
            ``(B) the impacts of freight movement on local air 
        pollution;
            ``(C) the impacts of freight movement on flooding and 
        stormwater runoff; and
            ``(D) the impacts of freight movement on wildlife habitat 
        loss; and''; and
        (2) by adding at the end the following:
    ``(f) Commercial Motor Vehicle Parking Facilities Assessments.--As 
part of the development or updating, as applicable, of a State freight 
plan under this section, each State that receives funding under section 
167 of title 23, in consultation with relevant State motor carrier 
safety personnel, shall conduct an assessment of--
        ``(1) the capability of the State, together with the private 
    sector in the State, to provide adequate parking facilities and 
    rest facilities for commercial motor vehicles engaged in interstate 
    transportation;
        ``(2) the volume of commercial motor vehicle traffic in the 
    State; and
        ``(3) whether there exist any areas within the State with a 
    shortage of adequate commercial motor vehicle parking facilities, 
    including an analysis (economic or otherwise, as the State 
    determines to be appropriate) of the underlying causes of such a 
    shortage.
    ``(g) Priority.--Each State freight plan under this section shall 
include a requirement that the State, in carrying out activities under 
the State freight plan--
        ``(1) enhance reliability or redundancy of freight 
    transportation; or
        ``(2) incorporate the ability to rapidly restore access and 
    reliability with respect to freight transportation.
    ``(h) Approval.--
        ``(1) In general.--The Secretary of Transportation shall 
    approve a State freight plan described in subsection (a) if the 
    plan achieves compliance with the requirements of this section.
        ``(2) Savings provision.--Nothing in this subsection 
    establishes new procedural requirements for the approval of a State 
    freight plan described in subsection (a).''.
    (b) Studies.--For the purpose of facilitating the integration of 
intelligent transportation systems into the freight transportation 
network powered by electricity, the Secretary, acting through the 
Assistant Secretary for Multimodal Freight, shall conduct a study 
relating to--
        (1) preparing to supply power to applicable electrical freight 
    infrastructure; and
        (2) safely integrating freight into intelligent transportation 
    systems.
    (c) Alignment of Transportation Planning.--Section 70202 of title 
49, United States Code, is amended--
        (1) in subsection (d), by striking ``5-year'' and inserting 
    ``8-year''; and
        (2) in subsection (e)(1), by striking ``5 years'' and inserting 
    ``4 years''.
SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT NETWORK.
    Not later than 30 days after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that--
        (1) describes the status of the designation of the final 
    National Multimodal Freight Network required under section 70103 of 
    title 49, United States Code;
        (2) explains the reasons why the designation of the network 
    referred to in paragraph (1) has not been finalized, if applicable; 
    and
        (3) estimates the date by which that network will be 
    designated.
SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.
    (a) In General.--Chapter 702 of title 49, United States Code, is 
amended--
        (1) by redesignating section 70204 as section 70206; and
        (2) by inserting after section 70203 the following:
``Sec. 70204. Multi-State freight corridor planning
    ``(a) Consent to Multi-State Freight Mobility Compacts.--Congress 
recognizes the right of States, cities, regional planning 
organizations, federally recognized Indian Tribes, and local public 
authorities (including public port authorities) that are regionally 
linked with an interest in a specific nationally or regionally 
significant multi-State freight corridor to enter into multi-State 
compacts to promote the improved mobility of goods, including--
        ``(1) identifying projects along the corridor that benefit 
    multiple States;
        ``(2) assembling rights-of-way; and
        ``(3) performing capital improvements.
    ``(b) Financing.--A multi-State freight compact established by 
entities under subsection (a) may provide that, in order to carry out 
the compact, the relevant States or other entities may--
        ``(1) accept contributions from a unit of State or local 
    government;
        ``(2) use any Federal or State funds made available for freight 
    mobility infrastructure planning or construction, including 
    applying for grants;
        ``(3) subject to such terms and conditions as the States 
    consider to be advisable--
            ``(A) borrow money on a short-term basis; and
            ``(B) issue--
                ``(i) notes for borrowing under subparagraph (A); and
                ``(ii) bonds; and
        ``(4) obtain financing by other means permitted under 
    applicable Federal or State law.
    ``(c) Advisory Committees.--
        ``(1) In general.--A multi-State freight compact under this 
    section may establish a multi-State freight corridor advisory 
    committee, which shall include representatives of State departments 
    of transportation and other public and private sector entities with 
    an interest in freight mobility, such as--
            ``(A) ports;
            ``(B) freight railroads;
            ``(C) shippers;
            ``(D) carriers;
            ``(E) freight-related associations;
            ``(F) third-party logistics providers;
            ``(G) the freight industry workforce;
            ``(H) environmental organizations;
            ``(I) community organizations; and
            ``(J) units of local government.
        ``(2) Activities.--An advisory committee established under 
    paragraph (1) may--
            ``(A) advise the parties to the applicable multi-State 
        freight compact with respect to freight-related priorities, 
        issues, projects, and funding needs that impact multi-State--
                ``(i) freight mobility; and
                ``(ii) supply chains;
            ``(B) serve as a forum for States, Indian Tribes, and other 
        public entities to discuss decisions affecting freight 
        mobility;
            ``(C) communicate and coordinate multi-State freight 
        priorities with other organizations;
            ``(D) promote the sharing of information between the 
        private and public sectors with respect to freight issues; and
            ``(E) provide information for consideration in the 
        development of State freight plans under section 70202.
    ``(d) Grants.--
        ``(1) Establishment.--The Secretary of Transportation (referred 
    to in this section as the `Secretary') shall establish a program 
    under which the Secretary shall provide grants to multi-State 
    freight compacts, or States seeking to form a multi-State freight 
    compact, that seek to improve a route or corridor that is a part of 
    the National Multimodal Freight Network established under section 
    70103.
        ``(2) New compacts.--
            ``(A) In general.--To incentivize the establishment of 
        multi-State freight compacts, the Secretary may award a grant 
        for operations costs in an amount of not more than $2,000,000 
        to--
                ``(i) a multi-State freight compact established under 
            subsection (a) during the 2-year period beginning on the 
            date of establishment of the multi-State freight compact; 
            or
                ``(ii) States seeking to form a multi-State freight 
            compact described in that subsection.
            ``(B) Eligibility.--
                ``(i) New multi-state freight compacts.--A multi-State 
            freight compact shall be eligible for a grant under this 
            paragraph only during the initial 2 years of operation of 
            the compact.
                ``(ii) States seeking to form a compact.--States 
            seeking to form a multi-State freight compact shall be 
            eligible for a grant under this paragraph during--

                    ``(I) the 2-year period beginning on the date on 
                which an application for a grant under this paragraph 
                with respect to the proposed compact is submitted to 
                the Secretary; or
                    ``(II) if the compact is formed before the date on 
                which a grant under this paragraph is awarded in 
                accordance with subclause (I), the initial 2 years of 
                operation of the compact.

            ``(C) Requirements.--To be eligible to receive a grant 
        under this paragraph, a multi-State freight compact or the 
        applicable States seeking to form a multi-State freight compact 
        shall--
                ``(i) submit to the Secretary an application at such 
            time, in such manner, and containing such information as 
            the Secretary may require;
                ``(ii) provide a non-Federal match equal to not less 
            than 25 percent of the operating costs of the multi-State 
            freight compact; and
                ``(iii) commit to establishing a multi-State freight 
            corridor advisory committee under subsection (c)(1) during 
            the initial 2-year period of operation of the compact.
        ``(3) Existing compacts.--
            ``(A) In general.--The Secretary may award a grant to 
        multi-State freight compacts that are not eligible to receive a 
        grant under paragraph (2) for operations costs in an amount of 
        not more than $1,000,000.
            ``(B) Requirements.--To be eligible to receive a grant 
        under this paragraph, a multi-State freight compact shall--
                ``(i) submit to the Secretary an application at such 
            time, in such manner, and containing such information as 
            the Secretary may require;
                ``(ii) provide a non-Federal match of not less than 50 
            percent of the operating costs of the compact; and
                ``(iii) demonstrate that the compact has established a 
            multi-State freight corridor advisory committee under 
            subsection (c)(1).
        ``(4) Authorization of appropriations.--There is authorized to 
    be appropriated to the Secretary $5,000,000 for each fiscal year to 
    carry out this subsection.''.
    (b) Clerical Amendment.--The analysis for chapter 702 of title 49, 
United States Code, is amended by striking the item relating to section 
70204 and inserting the following:
``70204. Multi-State freight corridor planning.
``70206. Savings provision.''.
SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.
    Section 70201 of title 49, United States Code, is amended--
        (1) in subsection (a), by striking ``representatives of ports, 
    freight railroads,'' and all that follows through the period at the 
    end and inserting the following: ``representatives of--
        ``(1) ports, if applicable;
        ``(2) freight railroads, if applicable;
        ``(3) shippers;
        ``(4) carriers;
        ``(5) freight-related associations;
        ``(6) third-party logistics providers;
        ``(7) the freight industry workforce;
        ``(8) the transportation department of the State;
        ``(9) metropolitan planning organizations;
        ``(10) local governments;
        ``(11) the environmental protection department of the State, if 
    applicable;
        ``(12) the air resources board of the State, if applicable;
        ``(13) economic development agencies of the State; and
        ``(14) not-for-profit organizations or community 
    organizations.'';
        (2) in subsection (b)(5), by striking ``70202.'' and inserting 
    ``70202, including by providing advice regarding the development of 
    the freight investment plan.'';
        (3) by redesignating subsection (b) as subsection (c); and
        (4) by inserting after subsection (a) the following:
    ``(b) Qualifications.--Each member of a freight advisory committee 
established under subsection (a) shall have qualifications sufficient 
to serve on a freight advisory committee, including, as applicable--
        ``(1) general business and financial experience;
        ``(2) experience or qualifications in the areas of freight 
    transportation and logistics;
        ``(3) experience in transportation planning;
        ``(4) experience representing employees of the freight 
    industry;
        ``(5) experience representing a State, local government, or 
    metropolitan planning organization; or
        ``(6) experience representing the views of a community group or 
    not-for-profit organization.''.

                   Subtitle B--Multimodal Investment

SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.
    Subtitle III of title 49, United States Code, is amended by adding 
at the end the following:

          ``CHAPTER 67--MULTIMODAL INFRASTRUCTURE INVESTMENTS

``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.

``Sec. 6701. National infrastructure project assistance
    ``(a) Definitions.--In this section:
        ``(1) Department.--The term `Department' means the Department 
    of Transportation.
        ``(2) Eligible entity.--The term `eligible entity' means--
            ``(A) a State or a group of States;
            ``(B) a metropolitan planning organization;
            ``(C) a unit of local government;
            ``(D) a political subdivision of a State;
            ``(E) a special purpose district or public authority with a 
        transportation function, including a port authority;
            ``(F) a Tribal government or a consortium of Tribal 
        governments;
            ``(G) a partnership between Amtrak and 1 or more entities 
        described in subparagraphs (A) through (F); and
            ``(H) a group of entities described in any of subparagraphs 
        (A) through (G).
        ``(3) Program.--The term `program' means the program 
    established by subsection (b).
        ``(4) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.
        ``(5) State.--The term `State' means--
            ``(A) any of the several States;
            ``(B) the District of Columbia;
            ``(C) the Commonwealth of Puerto Rico;
            ``(D) the Commonwealth of the Northern Mariana Islands;
            ``(E) the United States Virgin Islands;
            ``(F) Guam;
            ``(G) American Samoa; and
            ``(H) any other territory or possession of the United 
        States.
    ``(b) Establishment.--There is established a program under which 
the Secretary shall provide to eligible entities grants, on a 
competitive basis pursuant to single-year or multiyear grant 
agreements, for projects described in subsection (d).
    ``(c) Applications.--
        ``(1) In general.--To be eligible for a grant under the 
    program, an eligible entity shall submit to the Secretary an 
    application at such time, in such manner, and containing such 
    information as the Secretary determines to be appropriate.
        ``(2) Plan for data collection.--An application under paragraph 
    (1) shall include a plan for data collection and analysis described 
    in subsection (g).
    ``(d) Eligible Projects.--The Secretary may provide a grant under 
the program only for a project--
        ``(1) that is--
            ``(A) a highway or bridge project carried out on--
                ``(i) the National Multimodal Freight Network 
            established under section 70103;
                ``(ii) the National Highway Freight Network established 
            under section 167 of title 23; or
                ``(iii) the National Highway System (as defined in 
            section 101(a) of title 23);
            ``(B) a freight intermodal (including public ports) or 
        freight rail project that provides a public benefit;
            ``(C) a railway-highway grade separation or elimination 
        project;
            ``(D) an intercity passenger rail project;
            ``(E) a public transportation project that is--
                ``(i) eligible for assistance under chapter 53; and
                ``(ii) part of a project described in any of 
            subparagraphs (A) through (D); or
            ``(F) a grouping, combination, or program of interrelated, 
        connected, or dependent projects of any of the projects 
        described in subparagraphs (A) through (E); and
        ``(2) the eligible project costs of which are--
            ``(A) reasonably anticipated to equal or exceed 
        $500,000,000; or
            ``(B) for any project funded by the set-aside under 
        subsection (m)(2)--
                ``(i) more than $100,000,000; but
                ``(ii) less than $500,000,000.
    ``(e) Geographical Distribution.--In providing grants under this 
section, the Secretary shall ensure among grant recipients--
        ``(1) geographical diversity; and
        ``(2) a balance between rural and urban communities.
    ``(f) Project Evaluation and Selection.--
        ``(1) Requirements.--The Secretary may select a project 
    described in subsection (d) to receive a grant under the program 
    only if the Secretary determines that--
            ``(A) the project is likely to generate national or 
        regional economic, mobility, or safety benefits;
            ``(B) the project is in need of significant Federal 
        funding;
            ``(C) the project will be cost-effective;
            ``(D) with respect to related non-Federal financial 
        commitments, 1 or more stable and dependable sources of funding 
        and financing are available--
                ``(i) to construct, operate, and maintain the project; 
            and
                ``(ii) to cover cost increases; and
            ``(E) the applicant has, or will have, sufficient legal, 
        financial, and technical capacity to carry out the project.
        ``(2) Evaluation criteria.--In awarding a grant under the 
    program, the Secretary shall evaluate--
            ``(A) the extent to which a project supports achieving a 
        state of good repair for each existing asset to be improved by 
        the project;
            ``(B) the level of benefits a project is expected to 
        generate, including--
                ``(i) the costs avoided by the prevention of closure or 
            reduced use of the asset to be improved by the project;
                ``(ii) reductions in maintenance costs over the life of 
            the applicable asset;
                ``(iii) safety benefits, including the reduction of 
            serious injuries and fatalities and related costs;
                ``(iv) improved person or freight throughput, including 
            improved mobility and reliability; and
                ``(v) environmental benefits and health impacts, such 
            as--

                    ``(I) reductions in greenhouse gas emissions;
                    ``(II) air quality benefits;
                    ``(III) preventing stormwater runoff that would be 
                a detriment to aquatic species; and
                    ``(IV) improved infrastructure resilience;

            ``(C) the benefits of the project, as compared to the costs 
        of the project;
            ``(D) the number of persons or volume of freight, as 
        applicable, supported by the project; and
            ``(E) national and regional economic benefits of the 
        project, including with respect to short- and long-term job 
        access, growth, or creation.
        ``(3) Additional considerations.--In selecting projects to 
    receive grants under the program, the Secretary shall take into 
    consideration--
            ``(A) contributions to geographical diversity among grant 
        recipients, including a balance between the needs of rural and 
        urban communities;
            ``(B) whether multiple States would benefit from a project;
            ``(C) whether, and the degree to which, a project uses--
                ``(i) construction materials or approaches that have--

                    ``(I) demonstrated reductions in greenhouse gas 
                emissions; or
                    ``(II) reduced the need for maintenance of other 
                projects; or

                ``(ii) technologies that will allow for future 
            connectivity and automation;
            ``(D) whether a project would benefit--
                ``(i) a historically disadvantaged community or 
            population; or
                ``(ii) an area of persistent poverty;
            ``(E) whether a project benefits users of multiple modes of 
        transportation, including--
                ``(i) pedestrians;
                ``(ii) bicyclists; and
                ``(iii) users of nonvehicular rail and public 
            transportation, including intercity and commuter rail; and
            ``(F) whether a project improves connectivity between modes 
        of transportation moving persons or goods nationally or 
        regionally.
        ``(4) Ratings.--
            ``(A) In general.--In evaluating applications for a grant 
        under the program, the Secretary shall assign the project 
        proposed in the application a rating described in subparagraph 
        (B), based on the information contained in the applicable 
        notice published under paragraph (5).
            ``(B) Ratings.--
                ``(i) Highly recommended.--The Secretary shall assign a 
            rating of `highly recommended' to projects that, in the 
            determination of the Secretary--

                    ``(I) are exemplary projects of national or 
                regional significance; and
                    ``(II) would provide significant public benefit, as 
                determined based on the applicable criteria described 
                in this subsection, if funded under the program.

                ``(ii) Recommended.--The Secretary shall assign a 
            rating of `recommended' to projects that, in the 
            determination of the Secretary--

                    ``(I) are of national or regional significance; and
                    ``(II) would provide public benefit, as determined 
                based on the applicable criteria described in this 
                subsection, if funded under the program.

                ``(iii) Not recommended.--The Secretary shall assign a 
            rating of `not recommended' to projects that, in the 
            determination of the Secretary, should not receive a grant 
            under the program, based on the applicable criteria 
            described in this subsection.
            ``(C) Technical assistance.--
                ``(i) In general.--On request of an eligible entity 
            that submitted an application under subsection (c) for a 
            project that is not selected to receive a grant under the 
            program, the Secretary shall provide to the eligible entity 
            technical assistance and briefings relating to the project.
                ``(ii) Treatment.--Technical assistance provided under 
            this subparagraph shall not be considered a guarantee of 
            future selection of the applicable project under the 
            program.
        ``(5) Publication of project evaluation and selection 
    criteria.--Not later than 90 days after the date of enactment of 
    this chapter, the Secretary shall publish and make publicly 
    available on the website of the Department a notice that contains a 
    detailed explanation of--
            ``(A) the method by which the Secretary will determine 
        whether a project satisfies the applicable requirements 
        described in paragraph (1);
            ``(B) any additional ratings the Secretary may assign to 
        determine the means by which a project addresses the selection 
        criteria and additional considerations described in paragraphs 
        (2) and (3); and
            ``(C) the means by which the project requirements and 
        ratings referred to in subparagraphs (A) and (B) will be used 
        to assign an overall rating for the project under paragraph 
        (4).
        ``(6) Project selection priority.--In awarding grants under the 
    program, the Secretary shall give priority to projects to which the 
    Secretary has assigned a rating of `highly recommended' under 
    paragraph (4)(B)(i).
    ``(g) Data Collection and Analysis.--
        ``(1) Plan.--
            ``(A) In general.--An eligible entity seeking a grant under 
        the program shall submit to the Secretary, together with the 
        grant application, a plan for the collection and analysis of 
        data to identify in accordance with the framework established 
        under paragraph (2)--
                ``(i) the impacts of the project; and
                ``(ii) the accuracy of any forecast prepared during the 
            development phase of the project and included in the grant 
            application.
            ``(B) Contents.--A plan under subparagraph (A) shall 
        include--
                ``(i) an approach to measuring--

                    ``(I) the criteria described in subsection (f)(2); 
                and
                    ``(II) if applicable, the additional requirements 
                described in subsection (f)(3);

                ``(ii) an approach for analyzing the consistency of 
            predicted project characteristics with actual outcomes; and
                ``(iii) any other elements that the Secretary 
            determines to be necessary.
        ``(2) Framework.--The Secretary may publish a standardized 
    framework for the contents of the plans under paragraph (1), which 
    may include, as appropriate--
            ``(A) standardized forecasting and measurement approaches;
            ``(B) data storage system requirements; and
            ``(C) any other requirements the Secretary determines to be 
        necessary to carry out this section.
        ``(3) Multiyear grant agreements.--The Secretary shall require 
    an eligible entity, as a condition of receiving funding pursuant to 
    a multiyear grant agreement under the program, to collect 
    additional data to measure the impacts of the project and to 
    accurately track improvements made by the project, in accordance 
    with a plan described in paragraph (1).
        ``(4) Reports.--
            ``(A) Project baseline.--Before the date of completion of a 
        project for which a grant is provided under the program, the 
        eligible entity carrying out the project shall submit to the 
        Secretary a report providing baseline data for the purpose of 
        analyzing the long-term impact of the project in accordance 
        with the framework established under paragraph (2).
            ``(B) Updated report.--Not later than 6 years after the 
        date of completion of a project for which a grant is provided 
        under the program, the eligible entity carrying out the project 
        shall submit to the Secretary a report that compares the 
        baseline data included in the report under subparagraph (A) to 
        project data collected during the period--
                ``(i) beginning on the date that is 5 years after the 
            date of completion of the project; and
                ``(ii) ending on the date on which the updated report 
            is submitted.
    ``(h) Eligible Project Costs.--
        ``(1) In general.--An eligible entity may use a grant provided 
    under the program for--
            ``(A) development-phase activities and costs, including 
        planning, feasibility analysis, revenue forecasting, 
        alternatives analysis, data collection and analysis, 
        environmental review and activities to support environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities, including the preparation of a data 
        collection and post-construction analysis plan under subsection 
        (g); and
            ``(B) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land relating to the 
        project and improvements to that land), environmental 
        mitigation (including projects to replace or rehabilitate 
        culverts or reduce stormwater runoff for the purpose of 
        improving habitat for aquatic species), construction 
        contingencies, acquisition of equipment, protection, and 
        operational improvements directly relating to the project.
        ``(2) Interest and other financing costs.--The interest and 
    other financing costs of carrying out any part of a project under a 
    multiyear grant agreement within a reasonable period of time shall 
    be considered to be an eligible project cost only if the applicable 
    eligible entity certifies to the Secretary that the eligible entity 
    has demonstrated reasonable diligence in seeking the most favorable 
    financing terms.
    ``(i) Cost Sharing.--
        ``(1) In general.--The total amount awarded for a project under 
    the program may not exceed 60 percent of the total eligible project 
    costs described in subsection (h).
        ``(2) Maximum federal involvement.--
            ``(A) In general.--Subject to subparagraph (B), Federal 
        assistance other than a grant awarded under the program may be 
        provided for a project for which a grant is awarded under the 
        program.
            ``(B) Limitation.--The total amount of Federal assistance 
        provided for a project for which a grant is awarded under the 
        program shall not exceed 80 percent of the total cost of the 
        project.
            ``(C) Non-federal share.--Secured loans or financing 
        provided under section 603 of title 23 or section 22402 of this 
        title and repaid with local funds or revenues shall be 
        considered to be part of the local share of the cost of a 
        project.
        ``(3) Application to multiyear agreements.--Notwithstanding any 
    other provision of this title, in any case in which amounts are 
    provided under the program pursuant to a multiyear agreement, the 
    disbursed Federal share of the cost of the project may exceed the 
    limitations described in paragraphs (1) and (2)(B) for 1 or more 
    years if the total amount of the Federal share of the cost of the 
    project, once completed, does not exceed those limitations.
    ``(j) Grant Agreements.--
        ``(1) In general.--A project for which an eligible entity 
    receives a multiyear grant under the program shall be carried out 
    in accordance with this subsection.
        ``(2) Terms.--A multiyear grant agreement under this subsection 
    shall--
            ``(A) establish the terms of Federal participation in the 
        applicable project;
            ``(B) establish the maximum amount of Federal financial 
        assistance for the project;
            ``(C) establish a schedule of anticipated Federal 
        obligations for the project that provides for obligation of the 
        full grant amount;
            ``(D) describe the period of time for completing the 
        project, regardless of whether that period extends beyond the 
        period of an authorization; and
            ``(E) facilitate timely and efficient management of the 
        applicable project by the eligible entity carrying out the 
        project, in accordance with applicable law.
        ``(3) Special rules.--
            ``(A) In general.--A multiyear grant agreement under this 
        subsection--
                ``(i) shall provide for the obligation of an amount of 
            available budget authority specified in law;
                ``(ii) may include a commitment, contingent on amounts 
            to be specified in law in advance for commitments under 
            this paragraph, to obligate an additional amount from 
            future available budget authority specified in law; and
                ``(iii) shall provide that any funds disbursed under 
            the program for the project before the completion of any 
            review required under the National Environmental Policy Act 
            of 1969 (42 U.S.C. 4321 et seq.) may only cover costs 
            associated with development-phase activities described in 
            subsection (h)(1)(A).
            ``(B) Contingent commitment.--A contingent commitment under 
        this paragraph is not an obligation of the Federal Government, 
        including for purposes of section 1501 of title 31.
        ``(4) Single-year grants.--The Secretary may only provide to an 
    eligible entity a full grant under the program in a single year if 
    all reviews required under the National Environmental Policy Act of 
    1969 (42 U.S.C. 4321 et seq.) with respect to the applicable 
    project have been completed before the receipt of any program 
    funds.
    ``(k) Congressional Notification.--
        ``(1) In general.--Not later than 30 days before the date on 
    which the Secretary publishes the selection of projects to receive 
    grants under the program, the Secretary shall submit to the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Transportation and Infrastructure of the House 
    of Representatives a written notice that includes--
            ``(A) a list of all project applications reviewed by the 
        Secretary as part of the selection process;
            ``(B) the rating assigned to each project under subsection 
        (f)(4);
            ``(C) an evaluation and justification with respect to each 
        project for which the Secretary will--
                ``(i) provide a grant under the program; and
                ``(ii) enter into a multiyear grant agreement under the 
            program;
            ``(D) a description of the means by which the Secretary 
        anticipates allocating among selected projects the amounts made 
        available to the Secretary to carry out the program; and
            ``(E) anticipated funding levels required for the 3 fiscal 
        years beginning after the date of submission of the notice for 
        projects selected for grants under the program, based on 
        information available to the Secretary as of that date.
        ``(2) Congressional disapproval.--The Secretary may not provide 
    a grant or any other obligation or commitment to fund a project 
    under the program if a joint resolution is enacted disapproving 
    funding for the project before the last day of the 30-day period 
    described in paragraph (1).
    ``(l) Reports.--
        ``(1) Transparency.--Not later than 60 days after the date on 
    which the grants are announced under the program, the Secretary 
    shall publish on the website of the Department a report that 
    includes--
            ``(A) a list of all project applications reviewed by the 
        Secretary as part of the selection process under the program;
            ``(B) the rating assigned to each project under subsection 
        (f)(4); and
            ``(C) a description of each project for which a grant has 
        been provided under the program.
        ``(2) Comptroller general.--
            ``(A) Assessment.--The Comptroller General of the United 
        States shall conduct an assessment of the administrative 
        establishment, solicitation, selection, and justification 
        process with respect to the funding of grants under the 
        program.
            ``(B) Report.--Not later than 18 months after the date on 
        which the initial grants are awarded for projects under the 
        program, the Comptroller General shall submit to the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report that describes, as applicable--
                ``(i) the adequacy and fairness of the process by which 
            the projects were selected; and
                ``(ii) the justification and criteria used for the 
            selection of the projects.
    ``(m) Authorization of Appropriations.--
        ``(1) In general.--There is authorized to be appropriated to 
    the Secretary to carry out the program $2,000,000,000 for each of 
    fiscal years 2022 through 2026.
        ``(2) Other projects.--Of the amounts made available under 
    paragraph (1), 50 percent shall be set aside for projects that have 
    a project cost of--
            ``(A) more than $100,000,000; but
            ``(B) less than $500,000,000.
        ``(3) Administrative expenses.--Of the amounts made available 
    to carry out the program for each fiscal year, the Secretary may 
    reserve not more than 2 percent for the costs of--
            ``(A) administering and overseeing the program; and
            ``(B) hiring personnel for the program, including personnel 
        dedicated to processing permitting and environmental review 
        issues.
        ``(4) Transfer of authority.--The Secretary may transfer any 
    portion of the amounts reserved under paragraph (3) for a fiscal 
    year to the Administrator of any of the Federal Highway 
    Administration, the Federal Transit Administration, the Federal 
    Railroad Administration, or the Maritime Administration to award 
    and oversee grants in accordance with this section.
    ``(n) Additional Requirements.--
        ``(1) In general.--Each project that receives a grant under 
    this chapter shall achieve compliance with the applicable 
    requirements of--
            ``(A) subchapter IV of chapter 31 of title 40;
            ``(B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.); and
            ``(C) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
        ``(2) Modal requirements.--The Secretary shall, with respect to 
    a project funded by a grant under this section, apply--
            ``(A) the requirements of title 23 to a highway, road, or 
        bridge project;
            ``(B) the requirements of chapter 53 to a transit project; 
        and
            ``(C) the requirements of section 22905 to a rail project.
        ``(3) Multimodal projects.--
            ``(A) In general.--Except as otherwise provided in this 
        paragraph, if an eligible project is a multimodal project, the 
        Secretary shall--
                ``(i) determine the predominant modal component of the 
            project; and
                ``(ii) apply the applicable requirements described in 
            paragraph (2) of the predominant modal component to the 
            project.
            ``(B) Exceptions.--
                ``(i) Passenger or freight rail component.--The 
            requirements of section 22905 shall apply to any passenger 
            or freight rail component of a project.
                ``(ii) Public transportation component.--The 
            requirements of section 5333 shall apply to any public 
            transportation component of a project.''.
SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.
    (a) In General.--Chapter 67 of subtitle III of title 49, United 
States Code (as added by section 21201), is amended by adding at the 
end the following:
``Sec. 6702. Local and regional project assistance
    ``(a) Definitions.--In this section:
        ``(1) Area of persistent poverty.--The term `area of persistent 
    poverty' means--
            ``(A) any county (or equivalent jurisdiction) in which, 
        during the 30-year period ending on the date of enactment of 
        this chapter, 20 percent or more of the population continually 
        lived in poverty, as measured by--
                ``(i) the 1990 decennial census;
                ``(ii) the 2000 decennial census; and
                ``(iii) the most recent annual small area income and 
            poverty estimate of the Bureau of the Census;
            ``(B) any census tract with a poverty rate of not less than 
        20 percent, as measured by the 5-year data series available 
        from the American Community Survey of the Bureau of the Census 
        for the period of 2014 through 2018; and
            ``(C) any territory or possession of the United States.
        ``(2) Eligible entity.--The term `eligible entity' means--
            ``(A) a State;
            ``(B) the District of Columbia;
            ``(C) any territory or possession of the United States;
            ``(D) a unit of local government;
            ``(E) a public agency or publicly chartered authority 
        established by 1 or more States;
            ``(F) a special purpose district or public authority with a 
        transportation function, including a port authority;
            ``(G) a federally recognized Indian Tribe or a consortium 
        of such Indian Tribes;
            ``(H) a transit agency; and
            ``(I) a multi-State or multijurisdictional group of 
        entities described in any of subparagraphs (A) through (H).
        ``(3) Eligible project.--The term `eligible project' means--
            ``(A) a highway or bridge project eligible for assistance 
        under title 23;
            ``(B) a public transportation project eligible for 
        assistance under chapter 53;
            ``(C) a passenger rail or freight rail transportation 
        project eligible for assistance under this title;
            ``(D) a port infrastructure investment, including--
                ``(i) inland port infrastructure; and
                ``(ii) a land port-of-entry;
            ``(E) the surface transportation components of an airport 
        project eligible for assistance under part B of subtitle VII;
            ``(F) a project for investment in a surface transportation 
        facility located on Tribal land, the title or maintenance 
        responsibility of which is vested in the Federal Government;
            ``(G) a project to replace or rehabilitate a culvert or 
        prevent stormwater runoff for the purpose of improving habitat 
        for aquatic species that will advance the goal of the program 
        described in subsection (b)(2); and
            ``(H) any other surface transportation infrastructure 
        project that the Secretary considers to be necessary to advance 
        the goal of the program.
        ``(4) Program.--The term `program' means the Local and Regional 
    Project Assistance Program established under subsection (b)(1).
        ``(5) Rural area.--The term `rural area' means an area that is 
    located outside of an urbanized area.
        ``(6) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.
        ``(7) Urbanized area.--The term `urbanized area' means an area 
    with a population of more than 200,000 residents, based on the most 
    recent decennial census.
    ``(b) Establishment.--
        ``(1) In general.--The Secretary shall establish and carry out 
    a program, to be known as the `Local and Regional Project 
    Assistance Program', to provide for capital investments in surface 
    transportation infrastructure.
        ``(2) Goal.--The goal of the program shall be to fund eligible 
    projects that will have a significant local or regional impact and 
    improve transportation infrastructure.
    ``(c) Grants.--
        ``(1) In general.--In carrying out the program, the Secretary 
    may make grants to eligible entities, on a competitive basis, in 
    accordance with this section.
        ``(2) Amount.--Except as otherwise provided in this section, 
    each grant made under the program shall be in an amount equal to--
            ``(A) not less than $5,000,000 for an urbanized area;
            ``(B) not less than $1,000,000 for a rural area; and
            ``(C) not more than $25,000,000.
        ``(3) Limitation.--Not more than 15 percent of the funds made 
    available to carry out the program for a fiscal year may be awarded 
    to eligible projects in a single State during that fiscal year.
    ``(d) Selection of Eligible Projects.--
        ``(1) Notice of funding opportunity.--Not later than 60 days 
    after the date on which funds are made available to carry out the 
    program, the Secretary shall publish a notice of funding 
    opportunity for the funds.
        ``(2) Applications.--To be eligible to receive a grant under 
    the program, an eligible entity shall submit to the Secretary an 
    application--
            ``(A) in such form and containing such information as the 
        Secretary considers to be appropriate; and
            ``(B) by such date as the Secretary may establish, subject 
        to the condition that the date shall be not later than 90 days 
        after the date on which the Secretary issues the solicitation 
        under paragraph (1).
        ``(3) Primary selection criteria.--In awarding grants under the 
    program, the Secretary shall evaluate the extent to which a 
    project--
            ``(A) improves safety;
            ``(B) improves environmental sustainability;
            ``(C) improves the quality of life of rural areas or 
        urbanized areas;
            ``(D) increases economic competitiveness and opportunity, 
        including increasing tourism opportunities;
            ``(E) contributes to a state of good repair; and
            ``(F) improves mobility and community connectivity.
        ``(4) Additional selection criteria.--In selecting projects to 
    receive grants under the program, the Secretary shall take into 
    consideration the extent to which--
            ``(A) the project sponsors collaborated with other public 
        and private entities;
            ``(B) the project adopts innovative technologies or 
        techniques, including--
                ``(i) innovative technology;
                ``(ii) innovative project delivery techniques; and
                ``(iii) innovative project financing;
            ``(C) the project has demonstrated readiness; and
            ``(D) the project is cost effective.
        ``(5) Transparency.--
            ``(A) In general.--The Secretary, shall evaluate, through a 
        methodology that is discernible and transparent to the public, 
        the means by which each application submitted under paragraph 
        (2) addresses the criteria under paragraphs (3) and (4) or 
        otherwise established by the Secretary.
            ``(B) Publication.--The methodology under subparagraph (A) 
        shall be published by the Secretary as part of the notice of 
        funding opportunity under the program.
        ``(6) Awards.--Not later than 270 days after the date on which 
    amounts are made available to provide grants under the program for 
    a fiscal year, the Secretary shall announce the selection by the 
    Secretary of eligible projects to receive the grants in accordance 
    with this section.
        ``(7) Technical assistance.--
            ``(A) In general.--On request of an eligible entity that 
        submitted an application under paragraph (2) for a project that 
        is not selected to receive a grant under the program, the 
        Secretary shall provide to the eligible entity technical 
        assistance and briefings relating to the project.
            ``(B) Treatment.--Technical assistance provided under this 
        paragraph shall not be considered a guarantee of future 
        selection of the applicable project under the program.
    ``(e) Federal Share.--
        ``(1) In general.--Except as provided in paragraph (2), the 
    Federal share of the cost of an eligible project carried out using 
    a grant provided under the program shall not exceed 80 percent.
        ``(2) Exception.--The Federal share of the cost of an eligible 
    project carried out in a rural area, a historically disadvantaged 
    community, or an area of persistent poverty using a grant under 
    this subsection may exceed 80 percent, at the discretion of the 
    Secretary.
        ``(3) Treatment of other federal funds.--Amounts provided under 
    any of the following programs shall be considered to be a part of 
    the non-Federal share for purposes of this subsection:
            ``(A) The tribal transportation program under section 202 
        of title 23.
            ``(B) The Federal lands transportation program under 
        section 203 of title 23.
            ``(C) The TIFIA program (as defined in section 601(a) of 
        title 23).
            ``(D) The Railroad Rehabilitation and Improvement Financing 
        Program under chapter 224.
    ``(f) Other Considerations.--
        ``(1) In general.--Of the total amount made available to carry 
    out the program for each fiscal year--
            ``(A) not more than 50 percent shall be allocated for 
        eligible projects located in rural areas; and
            ``(B) not more than 50 percent shall be allocated for 
        eligible projects located in urbanized areas.
        ``(2) Historically disadvantaged communities and areas of 
    persistent poverty.--Of the total amount made available to carry 
    out the program for each fiscal year, not less than 1 percent shall 
    be awarded for projects in historically disadvantaged communities 
    or areas of persistent poverty.
        ``(3) Multimodal and geographical considerations.--In selecting 
    projects to receive grants under the program, the Secretary shall 
    take into consideration geographical and modal diversity.
    ``(g) Project Planning.--Of the amounts made available to carry out 
the program for each fiscal year, not less than 5 percent shall be made 
available for the planning, preparation, or design of eligible 
projects.
    ``(h) Transfer of Authority.--Of the amounts made available to 
carry out the program for each fiscal year, the Secretary may transfer 
not more than 2 percent for a fiscal year to the Administrator of any 
of the Federal Highway Administration, the Federal Transit 
Administration, the Federal Railroad Administration, or the Maritime 
Administration to award and oversee grants and credit assistance in 
accordance with this section.
    ``(i) Credit Program Costs.--
        ``(1) In general.--Subject to paragraph (2), at the request of 
    an eligible entity, the Secretary may use a grant provided to the 
    eligible entity under the program to pay the subsidy or credit risk 
    premium, and the administrative costs, of an eligible project that 
    is eligible for Federal credit assistance under--
            ``(A) chapter 224; or
            ``(B) chapter 6 of title 23.
        ``(2) Limitation.--Not more than 20 percent of the funds made 
    available to carry out the program for a fiscal year may be used to 
    carry out paragraph (1).
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,500,000,000 for each of 
fiscal years 2022 through 2026, to remain available for a period of 3 
fiscal years following the fiscal year for which the amounts are 
appropriated.
    ``(k) Reports.--
        ``(1) Annual report.--The Secretary shall make available on the 
    website of the Department of Transportation at the end of each 
    fiscal year an annual report that describes each eligible project 
    for which a grant was provided under the program during that fiscal 
    year.
        ``(2) Comptroller general.--Not later than 1 year after the 
    date on which the initial grants are awarded for eligible projects 
    under the program, the Comptroller General of the United States 
    shall--
            ``(A) review the administration of the program, including--
                ``(i) the solicitation process; and
                ``(ii) the selection process, including--

                    ``(I) the adequacy and fairness of the process; and
                    ``(II) the selection criteria; and

            ``(B) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report describing the findings of the review 
        under subparagraph (A), including recommendations for improving 
        the administration of the program, if any.''.
    (b) Study.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall conduct, 
and submit to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives a report describing the results of, a 
study of how changes to Federal share matching requirements and 
selection criteria, such as using State population data in Department 
discretionary programs, may impact the allocations made to States.
    (c) Clerical Amendment.--The analysis for subtitle III of title 49, 
United States Code, is amended by adding at the end the following:

           ``CHAPTER 67--Multimodal Infrastructure Investments

``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.''.
SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION 
GRANT PROGRAM.
    (a) In General.--Chapter 67 of title 49, United States Code (as 
amended by section 21202(a)), is amended by adding at the end the 
following:
``Sec. 6703. National culvert removal, replacement, and restoration 
    grant program
    ``(a) Definitions.--In this section:
        ``(1) Director.--The term `Director' means the Director of the 
    United States Fish and Wildlife Service.
        ``(2) Indian tribe.--The term `Indian Tribe' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304).
        ``(3) Program.--The term `program' means the annual competitive 
    grant program established under subsection (b).
        ``(4) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.
        ``(5) Undersecretary.--The term `Undersecretary' means the 
    Undersecretary of Commerce for Oceans and Atmosphere.
    ``(b) Establishment.--The Secretary, in consultation with the 
Undersecretary, shall establish an annual competitive grant program to 
award grants to eligible entities for projects for the replacement, 
removal, and repair of culverts or weirs that--
        ``(1) would meaningfully improve or restore fish passage for 
    anadromous fish; and
        ``(2) with respect to weirs, may include--
            ``(A) infrastructure to facilitate fish passage around or 
        over the weir; and
            ``(B) weir improvements.
    ``(c) Eligible Entities.--An entity eligible to receive a grant 
under the program is--
        ``(1) a State;
        ``(2) a unit of local government; or
        ``(3) an Indian Tribe.
    ``(d) Grant Selection Process.--The Secretary, in consultation with 
the Undersecretary and the Director, shall establish a process for 
determining criteria for awarding grants under the program, subject to 
subsection (e).
    ``(e) Prioritization.--The Secretary, in consultation with the 
Undersecretary and the Director, shall establish procedures to 
prioritize awarding grants under the program to--
        ``(1) projects that would improve fish passage for--
            ``(A) anadromous fish stocks listed as an endangered 
        species or a threatened species under section 4 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1533);
            ``(B) anadromous fish stocks identified by the 
        Undersecretary or the Director that could reasonably become 
        listed as an endangered species or a threatened species under 
        that section;
            ``(C) anadromous fish stocks identified by the 
        Undersecretary or the Director as prey for endangered species, 
        threatened species, or protected species, including Southern 
        resident orcas (Orcinus orcas); or
            ``(D) anadromous fish stocks identified by the 
        Undersecretary or the Director as climate resilient stocks; and
        ``(2) projects that would open up more than 200 meters of 
    upstream habitat before the end of the natural habitat.
    ``(f) Federal Share.--The Federal share of the cost of a project 
carried out with a grant to a State or a unit of local government under 
the program shall be not more than 80 percent.
    ``(g) Technical Assistance.--The Secretary, in consultation with 
the Undersecretary and the Director, shall develop a process to provide 
technical assistance to Indian Tribes and underserved communities to 
assist in the project design and grant process and procedures.
    ``(h) Administrative Expenses.--Of the amounts made available for 
each fiscal year to carry out the program, the Secretary, the 
Undersecretary, and the Director may use not more than 2 percent to pay 
the administrative expenses necessary to carry out this section.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program $800,000,000 for each of fiscal 
years 2022 through 2026.''.
    (b) Clerical Amendment.--The analysis for chapter 67 of title 49, 
United States Code (as added by section 21202(c)), is amended by adding 
at the end the following:
``6703. National culvert removal, replacement, and restoration grant 
          program.''.
SEC. 21204. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH PROGRAM.
    (a) In General.--Chapter 702 of title 49, United States Code (as 
amended by section 21106(a)), is amended by inserting after section 
70204 the following:
``Sec. 70205. National multimodal cooperative freight research program
    ``(a) Establishment.--Not later than 1 year after the date of 
enactment of this section, the Secretary of Transportation (referred to 
in this section as the `Secretary') shall establish and support a 
national cooperative freight transportation research program.
    ``(b) Administration by National Academy of Sciences.--
        ``(1) In general.--The Secretary shall enter into an agreement 
    with the National Academy of Sciences to support and carry out 
    administrative and management activities under the program 
    established under subsection (a).
        ``(2) Advisory committee.--To assist the National Academy of 
    Sciences in carrying out this subsection, the National Academy 
    shall establish an advisory committee, the members of which 
    represent a cross-section of multimodal freight stakeholders, 
    including--
            ``(A) the Department of Transportation and other relevant 
        Federal departments and agencies;
            ``(B) State (including the District of Columbia) 
        departments of transportation;
            ``(C) units of local government, including public port 
        authorities;
            ``(D) nonprofit entities;
            ``(E) institutions of higher education;
            ``(F) labor organizations representing employees in freight 
        industries; and
            ``(G) private sector entities representing various 
        transportation modes.
    ``(c) Activities.--
        ``(1) National research agenda.--
            ``(A) In general.--The advisory committee established under 
        subsection (b)(2), in consultation with interested parties, 
        shall recommend a national research agenda for the program in 
        accordance with subsection (d), which shall include a multiyear 
        strategic plan.
            ``(B) Action by interested parties.--For purposes of 
        subparagraph (A), an interested party may--
                ``(i) submit to the advisory committee research 
            proposals;
                ``(ii) participate in merit reviews of research 
            proposals and peer reviews of research products; and
                ``(iii) receive research results.
        ``(2) Research contracts and grants.--
            ``(A) In general.--The National Academy of Sciences may 
        award research contracts and grants under the program 
        established under subsection (a) through--
                ``(i) open competition; and
                ``(ii) merit review, conducted on a regular basis.
            ``(B) Evaluation.--
                ``(i) Peer review.--A contract or grant for research 
            under subparagraph (A) may allow peer review of the 
            research results.
                ``(ii) Programmatic evaluations.--The National Academy 
            of Sciences may conduct periodic programmatic evaluations 
            on a regular basis of a contract or grant for research 
            under subparagraph (A).
            ``(C) Dissemination of findings.--The National Academy of 
        Sciences shall disseminate the findings of any research 
        conducted under this paragraph to relevant researchers, 
        practitioners, and decisionmakers through--
                ``(i) conferences and seminars;
                ``(ii) field demonstrations;
                ``(iii) workshops;
                ``(iv) training programs;
                ``(v) presentations;
                ``(vi) testimony to government officials;
                ``(vii) publicly accessible websites;
                ``(viii) publications for the general public; and
                ``(ix) other appropriate means.
        ``(3) Report.--Not later than 1 year after the date of 
    establishment of the program under subsection (a), and annually 
    thereafter, the Secretary shall make available on a public website 
    a report that describes the ongoing research and findings under the 
    program.
    ``(d) Areas for Research.--The national research agenda under 
subsection (c)(1) shall consider research in the following areas:
        ``(1) Improving the efficiency and resiliency of freight 
    movement, including--
            ``(A) improving the connections between rural areas and 
        domestic and foreign markets;
            ``(B) maximizing infrastructure utility, including 
        improving urban curb-use efficiency;
            ``(C) quantifying the national impact of blocked railroad 
        crossings;
            ``(D) improved techniques for estimating and quantifying 
        public benefits derived from freight transportation projects; 
        and
            ``(E) low-cost methods to reduce congestion at bottlenecks.
        ``(2) Adapting to future trends in freight, including--
            ``(A) considering the impacts of e-commerce;
            ``(B) automation; and
            ``(C) zero-emissions transportation.
        ``(3) Workforce considerations in freight, including--
            ``(A) diversifying the freight transportation industry 
        workforce; and
            ``(B) creating and transitioning a workforce capable of 
        designing, deploying, and operating emerging technologies.
    ``(e) Federal Share.--
        ``(1) In general.--The Federal share of the cost of an activity 
    carried out under this section shall be up to 100 percent.
        ``(2) Use of non-federal funds.--In addition to using funds 
    made available to carry out this section, the National Academy of 
    Sciences may seek and accept additional funding from public and 
    private entities capable of accepting funding from the Department 
    of Transportation, States, units of local government, nonprofit 
    entities, and the private sector.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $3,750,000 for each fiscal year to carry 
out the program established under subsection (a), to remain available 
until expended.
    ``(g) Sunset.--The program established under subsection (a) shall 
terminate 5 years after the date of enactment of this section.''.
    (b) Clerical Amendment.--The analysis for chapter 702 of title 49, 
United States Code (as amended by section 21106(b)), is amended by 
inserting after the item relating to section 70204 the following:
``70205. National multimodal cooperative freight research program.''.
SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.
    (a) Definitions.--In this section:
        (1) Build america bureau.--The term ``Build America Bureau'' 
    means the National Surface Transportation and Innovative Finance 
    Bureau established under section 116 of title 49, United States 
    Code.
        (2) Eligible entity.--The term ``eligible entity'' means--
            (A) a unit of local government or political subdivision 
        that is located outside of an urbanized area with a population 
        of more than 150,000 residents, as determined by the Bureau of 
        the Census;
            (B) a State seeking to advance a project located in an area 
        described in subparagraph (A);
            (C) a federally recognized Indian Tribe; and
            (D) the Department of Hawaiian Home Lands.
        (3) Eligible program.--The term ``eligible program'' means any 
    program described in--
            (A) subparagraph (A) or (B) of section 116(d)(1) of title 
        49, United States Code;
            (B) section 118(d)(3)(A) of that title (as added by section 
        21101(a)); or
            (C) chapter 67 of that title (as added by section 21201).
        (4) Pilot program.--The term ``pilot program'' means the Rural 
    and Tribal Assistance Pilot Program established under subsection 
    (b)(1).
    (b) Establishment.--
        (1) In general.--The Secretary shall establish within the Build 
    America Bureau a pilot program, to be known as the ``Rural and 
    Tribal Assistance Pilot Program'', to provide to eligible entities 
    the assistance and information described in paragraph (2).
        (2) Assistance and information.--In carrying out the pilot 
    program, the Secretary may provide to an eligible entity the 
    following:
            (A) Financial, technical, and legal assistance to evaluate 
        potential projects reasonably expected to be eligible to 
        receive funding or financing assistance under an eligible 
        program.
            (B) Assistance with development-phase activities, 
        including--
                (i) project planning;
                (ii) feasibility studies;
                (iii) revenue forecasting and funding and financing 
            options analyses;
                (iv) environmental review;
                (v) preliminary engineering and design work;
                (vi) economic assessments and cost-benefit analyses;
                (vii) public benefit studies;
                (viii) statutory and regulatory framework analyses;
                (ix) value for money studies;
                (x) evaluations of costs to sustain the project;
                (xi) evaluating opportunities for private financing and 
            project bundling; and
                (xii) any other activity determined to be appropriate 
            by the Secretary.
            (C) Information regarding innovative financing best 
        practices and case studies, if the eligible entity is 
        interested in using innovative financing methods.
    (c) Assistance From Expert Firms.--The Secretary may retain the 
services of expert firms, including counsel, in the field of municipal 
and project finance to assist in providing financial, technical, and 
legal assistance to eligible entities under the pilot program.
    (d) Website.--
        (1) Description of pilot program.--
            (A) In general.--The Secretary shall make publicly 
        available on the website of the Department a description of the 
        pilot program, including--
                (i) the resources available to eligible entities under 
            the pilot program; and
                (ii) the application process established under 
            paragraph (2)(A).
            (B) Clearinghouse.--The Secretary may establish a 
        clearinghouse for tools, templates, and best practices on the 
        page of the website of the Department that contains the 
        information described in subparagraph (A).
        (2) Applications.--
            (A) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a process 
        by which an eligible entity may submit to the Secretary an 
        application under the pilot program, in such form and 
        containing such information as the Secretary may require.
            (B) Online portal.--The Secretary shall develop and make 
        available to the public an online portal through which the 
        Secretary may receive applications under subparagraph (A), on a 
        rolling basis.
            (C) Approval.--
                (i) In general.--Not later than 60 days after the date 
            on which the Secretary receives a complete application 
            under subparagraph (A), the Secretary shall provide to each 
            eligible entity that submitted the application a notice 
            describing whether the application is approved or 
            disapproved.
                (ii) Additional written notification.--

                    (I) In general.--Not later than 30 days after the 
                date on which the Secretary provides to an eligible 
                entity a notification under clause (i), the Secretary 
                shall provide to the eligible entity an additional 
                written notification of the approval or disapproval of 
                the application.
                    (II) Disapproved applications.--If the application 
                of an eligible entity is disapproved under this 
                subparagraph, the additional written notification 
                provided to the eligible entity under subclause (I) 
                shall include an offer for a written or telephonic 
                debrief by the Secretary that will provide an 
                explanation of, and guidance regarding, the reasons why 
                the application was disapproved.

                (iii) Insufficient applications.--The Secretary shall 
            not approve an application under this subparagraph if the 
            application fails to meet the applicable criteria 
            established under this section.
        (3) Dashboard.--The Secretary shall publish on the website of 
    the Department a monthly report that includes, for each application 
    received under the pilot program--
            (A) the type of eligible entity that submitted the 
        application;
            (B) the location of each potential project described in the 
        application;
            (C) a brief description of the assistance requested;
            (D) the date on which the Secretary received the 
        application; and
            (E) the date on which the Secretary provided the notice of 
        approval or disapproval under paragraph (2)(C)(i).
    (e) Experts.--An eligible entity that receives assistance under the 
pilot program may retain the services of an expert for any phase of a 
project carried out using the assistance, including project 
development, regardless of whether the expert is retained by the 
Secretary under subsection (c).
    (f) Funding.--
        (1) In general.--For each of fiscal years 2022 through 2026, 
    the Secretary may use to carry out the pilot program, including to 
    retain the services of expert firms under subsection (c), any 
    amount made available to the Secretary to provide credit assistance 
    under an eligible program that is not otherwise obligated, subject 
    to paragraph (2).
        (2) Limitation.--The amount used under paragraph (1) to carry 
    out the pilot program shall be not more than--
            (A) $1,600,000 for fiscal year 2022;
            (B) $1,800,000 for fiscal year 2023;
            (C) $2,000,000 for fiscal year 2024;
            (D) $2,200,000 for fiscal year 2025; and
            (E) $2,400,000 for fiscal year 2026.
        (3) Geographical distribution.--Not more than 20 percent of the 
    funds made available to carry out the pilot program for a fiscal 
    year may be used for projects in a single State during that fiscal 
    year.
    (g) Sunset.--The pilot program shall terminate on the date that is 
5 years after the date of enactment of this Act.
    (h) Nonapplicability.--Nothing in this section limits the ability 
of the Build America Bureau or the Secretary to establish or carry out 
any other assistance program under title 23 or title 49, United States 
Code.
    (i) Administration by Build America Bureau.--Section 116(d)(1) of 
title 49, United States Code (as amended by section 21101(d)(4)), is 
amended by adding at the end the following:
            ``(D) The Rural and Tribal Assistance Pilot Program 
        established under section 21205(b)(1) of the Surface 
        Transportation Investment Act of 2021.''.

 Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms

SEC. 21301. RRIF CODIFICATION AND REFORMS.
    (a) Codification of Title V of the Railroad Revitalization and 
Regulatory Reform Act of 1976.--Part B of subtitle V of title 49, 
United States Code, is amended--
        (1) by inserting after chapter 223 the following chapter 
    analysis:

    ``Chapter 224--Railroad Rehabilitation and Improvement Financing

``Sec.
``22401. Definitions.
``22402. Direct loans and loan guarantees.
``22403. Administration of direct loans and loan guarantees.
``22404. Employee protection.
``22405. Substantive criteria and standards.
``22406. Authorization of appropriations.'';

        (2) by inserting after the chapter analysis the following 
    section headings:
``Sec. 22401. Definitions
``Sec. 22402. Direct loans and loan guarantees
``Sec. 22403. Administration of direct loans and loan guarantees
``Sec. 22404. Employee protection'';
        (3) by inserting after the section heading for section 22401, 
    as added by paragraph (2), the text of section 501 of the Railroad 
    Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821);
        (4) by inserting after the section heading for section 22402, 
    as added by paragraph (2), the text of section 502 of the Railroad 
    Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822);
        (5) by inserting after the section heading for section 22403, 
    as added by paragraph (2), the text of section 503 of the Railroad 
    Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823); 
    and
        (6) by inserting after the section heading for section 22404, 
    as added by paragraph (2), the text of section 504 of the Railroad 
    Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836).
    (b) Conforming Repeals.--
        (1) Repeals.--
            (A) Sections 501, 502, 503, and 504 of the Railroad 
        Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
        821, 822, 823, and 836) are repealed.
            (B) Section 9003(j) of the Safe, Accountable, Flexible, 
        Efficient Transportation Equity Act: A Legacy for Users (45 
        U.S.C. 822 note) is repealed.
        (2) Savings provision.--The repeals under paragraph (1) shall 
    not affect the rights and duties that matured under the repealed 
    sections, the penalties that were incurred under such sections, or 
    any proceeding authorized under any such section that commenced 
    before the date of enactment of this Act.
    (c) Definitions.--
        (1) Headings.--Section 22401 of title 49, United States Code, 
    as added by subsection (a)(2), and amended by subsection (a)(3), is 
    further amended--
            (A) in paragraph (1)--
                (i) by striking ``(1)(A) The'' and inserting the 
            following:
        ``(1) Cost.--
            ``(A) The''; and
                (ii) by indenting subparagraphs (B) through (F) 
            appropriately; and
            (B) in each of paragraphs (2) through (14), by inserting a 
        paragraph heading, the text of which is comprised of the term 
        defined in the paragraph.
        (2) Other technical amendments.--Section 22401 of title 49, 
    United States Code, as added by subsection (a)(2), and amended by 
    subsection (a)(3) and paragraph (1) of this subsection, is further 
    amended--
            (A) in the matter preceding paragraph (1), by striking 
        ``For purposes of this title:'' and inserting ``In this 
        chapter:'';
            (B) in paragraph (11), by striking ``under this title'' and 
        inserting ``under this chapter'';
            (C) by amending paragraph (12) to read as follows:
        ``(12) Railroad.--The term `railroad' includes--
            ``(A) any railroad or railroad carrier (as such terms are 
        defined in section 20102); and
            ``(B) any rail carrier (as defined in section 24102).'';
            (D) by redesignating paragraph (14) as paragraph (15); and
            (E) by inserting after paragraph (13) the following:
        ``(14) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.''.
    (d) Direct Loans and Loan Guarantees.--Section 22402 of title 49, 
United States Code, as added by subsection (a)(2), and amended by 
subsection (a)(4), is further amended--
        (1) in subsection (a)--
            (A) in paragraph (2), by inserting ``entities 
        implementing'' before ``interstate compacts'';
            (B) in paragraph (5)--
                (i) by inserting ``entities participating in'' before 
            ``joint ventures''; and
                (ii) by striking ``and'' at the end; and
            (C) by striking paragraph (6) and inserting the following:
        ``(6) limited option freight shippers that own or operate a 
    plant or other facility, solely for the purpose of constructing a 
    rail connection between a plant or facility and a railroad; and
        ``(7) private entities with controlling ownership in 1 or more 
    freight railroads other than Class I carriers.'';
        (2) in subsection (b)--
            (A) by amending paragraph (1) to read as follows:
        ``(1) In general.--Direct loans and loan guarantees authorized 
    under this section shall be used--
            ``(A) to acquire, improve, or rehabilitate intermodal or 
        rail equipment or facilities, including track, components of 
        track, cuts and fills, stations, tunnels, bridges, yards, 
        buildings, and shops, and to finance costs related to those 
        activities, including pre-construction costs;
            ``(B) to develop or establish new intermodal or railroad 
        facilities;
            ``(C) to develop landside port infrastructure for seaports 
        serviced by rail;
            ``(D) to refinance outstanding debt incurred for the 
        purposes described in subparagraph (A) , (B), or (C);
            ``(E) to reimburse planning, permitting, and design 
        expenses relating to activities described in subparagraph (A), 
        (B), or (C); or
            ``(F) to finance economic development, including commercial 
        and residential development, and related infrastructure and 
        activities, that--
                ``(i) incorporates private investment of greater than 
            20 percent of total project costs;
                ``(ii) is physically connected to, or is within \1/2\ 
            mile of, a fixed guideway transit station, an intercity bus 
            station, a passenger rail station, or a multimodal station, 
            provided that the location includes service by a railroad;
                ``(iii) demonstrates the ability of the applicant to 
            commence the contracting process for construction not later 
            than 90 days after the date on which the direct loan or 
            loan guarantee is obligated for the project under this 
            chapter; and
                ``(iv) demonstrates the ability to generate new revenue 
            for the relevant passenger rail station or service by 
            increasing ridership, increasing tenant lease payments, or 
            carrying out other activities that generate revenue 
            exceeding costs.''; and
            (B) by striking paragraph (3);
        (3) in subsection (c)--
            (A) in paragraph (1), by striking ``of title 49, United 
        States Code''; and
            (B) in paragraph (5), by striking ``title 49, United States 
        Code,'' and inserting ``this title'';
        (4) in subsection (e), by amending paragraph (1) to read as 
    follows:
        ``(1) Direct loans.--The interest rate on a direct loan under 
    this section shall be not less than the yield on United States 
    Treasury securities of a similar maturity to the maturity of the 
    secured loan on the date of execution of the loan agreement.'';
        (5) in subsection (f)--
            (A) in paragraph (3)--
                (i) in the matter preceding subparagraph (A)--

                    (I) by striking ``An applicant may propose and'' 
                and inserting ``Upon receipt of a proposal from an 
                applicant under this section,''; and
                    (II) by striking ``tangible asset'' and inserting 
                ``collateral described in paragraph (6)'';

                (ii) in subparagraph (B)(ii), by inserting ``, 
            including operating or tenant charges, facility rents, or 
            other fees paid by transportation service providers or 
            operators for access to, or the use of, infrastructure, 
            including rail lines, bridges, tunnels, yards, or 
            stations'' after ``user fees'';
                (iii) in subparagraph (C), by striking ``$75,000,000'' 
            and inserting ``$150,000,000''; and
                (iv) by adding at the end the following:
            ``(D) Revenue from projected freight or passenger demand 
        for the project based on regionally developed economic 
        forecasts, including projections of any modal diversion 
        resulting from the project.''; and
            (B) by adding at the end the following:
        ``(5) Cohorts of loans.--Subject to the availability of funds 
    appropriated by Congress under section 22406(a)(2), for any direct 
    loan issued before the date of enactment of the Fixing America's 
    Surface Transportation Act (Public Law 114-94) pursuant to sections 
    501 through 504 of the Railroad Revitalization and Regulatory 
    Reform Act of 1976 (Public Law 94-210), the Secretary shall repay 
    the credit risk premiums of such loan, with interest accrued 
    thereon, not later than--
            ``(A) 60 days after the date of enactment of the Surface 
        Transportation Investment Act of 2021 if the borrower has 
        satisfied all obligations attached to such loan; or
            ``(B) if the borrower has not yet satisfied all obligations 
        attached to such loan, 60 days after the date on which all 
        obligations attached to such loan have been satisfied.
        ``(6) Collateral.--
            ``(A) Types of collateral.--An applicant or infrastructure 
        partner may propose tangible and intangible assets as 
        collateral, exclusive of goodwill. The Secretary, after 
        evaluating each such asset--
                ``(i) shall accept a net liquidation value of 
            collateral; and
                ``(ii) shall consider and may accept--

                    ``(I) the market value of collateral; or
                    ``(II) in the case of a blanket pledge or 
                assignment of an entire operating asset or basket of 
                assets as collateral, the market value of assets, or, 
                the market value of the going concern, considering--

                        ``(aa) inclusion in the pledge of all the 
                    assets necessary for independent operational 
                    utility of the collateral, including tangible 
                    assets such as real property, track and structure, 
                    motive power, equipment and rolling stock, 
                    stations, systems and maintenance facilities and 
                    intangible assets such as long-term shipping 
                    agreements, easements, leases and access rights 
                    such as for trackage and haulage;
                        ``(bb) interchange commitments; and
                        ``(cc) the value of the asset as determined 
                    through the cost or market approaches, or the 
                    market value of the going concern, with the latter 
                    considering discounted cash flows for a period not 
                    to exceed the term of the direct loan or loan 
                    guarantee.
            ``(B) Appraisal standards.--In evaluating appraisals of 
        collateral under subparagraph (A), the Secretary shall 
        consider--
                ``(i) adherence to the substance and principles of the 
            Uniform Standards of Professional Appraisal Practice, as 
            developed by the Appraisal Standards Board of the Appraisal 
            Foundation; and
                ``(ii) the qualifications of the appraisers to value 
            the type of collateral offered.
        ``(7) Repayment of credit risk premiums.--The Secretary shall 
    return credit risk premiums paid, and interest accrued on such 
    premiums, to the original source when all obligations of a loan or 
    loan guarantee have been satisfied. This paragraph applies to any 
    project that has been granted assistance under this section after 
    the date of enactment of the Surface Transportation Investment Act 
    of 2021.'';
        (6) in subsection (g), by amending paragraph (1) the read as 
    follows:
        ``(1) repayment of the obligation is required to be made within 
    a term that is not longer than the shorter of--
            ``(A) 75 years after the date of substantial completion of 
        the project;
            ``(B) the estimated useful life of the rail equipment or 
        facilities to be acquired, rehabilitated, improved, developed, 
        or established, subject to an adequate determination of long-
        term risk; or
            ``(C) for projects determined to have an estimated useful 
        life that is longer than 35 years, the period that is equal to 
        the sum of--
                ``(i) 35 years; and
                ``(ii) the product of--

                    ``(I) the difference between the estimated useful 
                life and 35 years; multiplied by
                    ``(II) 75 percent.'';

        (7) in subsection (h)--
            (A) in paragraph (3)--
                (i) in subparagraph (A)--

                    (I) by striking ``of title 49, United States 
                Code'';
                    (II) by striking ``the National Railroad Passenger 
                Corporation'' and inserting ``Amtrak''; and
                    (III) by striking ``of that title''; and

                (ii) in subparagraph (B), by striking ``section 504 of 
            this Act'' and inserting ``section 22404''; and
            (B) in paragraph (4), by striking ``(b)(1)(E)'' and 
        inserting ``(b)(1)(F)'';
        (8) in subsection (i)--
            (A) by amending paragraph (4) to read as follows:
        ``(4) Streamlined application review process.--
            ``(A) In general.--Not later than 180 days after the date 
        of enactment of the Surface Transportation Investment Act of 
        2021, the Secretary shall implement procedures and measures to 
        economize and make available an streamlined application process 
        or processes at the request of applicants seeking loans or loan 
        guarantees.
            ``(B) Criteria.--Applicants seeking loans and loan 
        guarantees under this section shall--
                ``(i) seek a total loan or loan guarantee value not 
            exceeding $150,000,000;
                ``(ii) meet eligible project purposes described in 
            subparagraphs (A) and (B) of subsection (b)(1); and
                ``(iii) meet other criteria considered appropriate by 
            the Secretary, in consultation with the Council on Credit 
            and Finance of the Department of Transportation.
            ``(C) Expedited credit review.--The total period between 
        the submission of an application and the approval or 
        disapproval of an application for a direct loan or loan 
        guarantee under this paragraph may not exceed 90 days. If an 
        application review conducted under this paragraph exceeds 90 
        days, the Secretary shall--
                ``(i) provide written notice to the applicant, 
            including a justification for the delay and updated 
            estimate of the time needed for approval or disapproval; 
            and
                ``(ii) publish the notice on the dashboard described in 
            paragraph (5).'';
            (B) in paragraph (5)--
                (i) in subparagraph (E), by striking ``and'' at the 
            end;
                (ii) in subparagraph (F), by adding ``; and'' at the 
            end; and
                (iii) by adding at the end the following:
            ``(G) whether the project utilized the streamlined 
        application process under paragraph (4).''; and
            (C) by adding at the end the following:
        ``(6) Creditworthiness review status.--
            ``(A) In general.--The Secretary shall maintain status 
        information related to each application for a loan or loan 
        guarantee, which shall be provided to the applicant upon 
        request, including--
                ``(i) the total value of the proposed loan or loan 
            guarantee;
                ``(ii) the name of the applicant or applicants 
            submitting the application;
                ``(iii) the proposed capital structure of the project 
            to which the loan or loan guarantee would be applied, 
            including the proposed Federal and non-Federal shares of 
            the total project cost;
                ``(iv) the type of activity to receive credit 
            assistance, including whether the project is new 
            construction, the rehabilitation of existing rail equipment 
            or facilities, or the refinancing an existing loan or loan 
            guarantee;
                ``(v) if a deferred payment is proposed, the length of 
            such deferment;
                ``(vi) the credit rating or ratings provided for the 
            applicant;
                ``(vii) if other credit instruments are involved, the 
            proposed subordination relationship and a description of 
            such other credit instruments;
                ``(viii) a schedule for the readiness of proposed 
            investments for financing;
                ``(ix) a description of any Federal permits required, 
            including under the National Environmental Policy Act of 
            1969 (42 U.S.C. 4321 et seq.) and any waivers under section 
            5323(j) (commonly known as the `Buy America Act');
                ``(x) other characteristics of the proposed activity to 
            be financed, borrower, key agreements, or the nature of the 
            credit that the Secretary considers to be fundamental to 
            the creditworthiness review;
                ``(xi) the status of the application in the pre-
            application review and selection process;
                ``(xii) the cumulative amounts paid by the Secretary to 
            outside advisors related to the application, including 
            financial and legal advisors;
                ``(xiii) a description of the key rating factors used 
            by the Secretary to determine credit risk, including--

                    ``(I) the factors used to determine risk for the 
                proposed application;
                    ``(II) an adjectival risk rating for each 
                identified factor, ranked as either low, moderate, or 
                high;

                ``(xiv) a nonbinding estimate of the credit risk 
            premium, which may be in the form of--

                    ``(I) a range, based on the assessment of risk 
                factors described in clause (xiii); or
                    ``(II) a justification for why the estimate of the 
                credit risk premium cannot be determined based on 
                available information; and

                ``(xv) a description of the key information the 
            Secretary needs from the applicant to complete the credit 
            review process and make a final determination of the credit 
            risk premium.
            ``(B) Report upon request.--The Secretary shall provide the 
        information described in subparagraph (A) not later than 30 
        days after a request from the applicant.
            ``(C) Exception.--Applications processed using the 
        streamlined application review process under paragraph (4) are 
        not subject to the requirements under this paragraph.'';
        (9) in subsection (l)(2)(A)(iii), by striking ``under this 
    title'' and inserting ``under this chapter'';
        (10) in subsection (m)(1), by striking ``under this title'' and 
    inserting ``under this chapter''; and
        (11) by adding at the end the following:
    ``(n) Non-Federal Share.--The proceeds of a loan provided under 
this section may be used as the non-Federal share of project costs for 
any grant program administered by the Secretary if such loan is 
repayable from non-Federal funds.''.
    (e) Administration of Direct Loans and Loan Guarantees.--Section 
22403 of title 49, United States Code, as added by subsection (a)(2), 
and amended by subsection (a)(5), is further amended--
        (1) in subsection (a)--
            (A) by striking ``The Secretary shall'' and inserting the 
        following:
        ``(1) In general.--The Secretary shall'';
            (B) in paragraph (1), as designated by subparagraph (A), by 
        striking ``section 502'' and inserting ``section 22402''; and
            (C) by adding at the end the following:
        ``(2) Documentation.--An applicant meeting the size standard 
    for small business concerns established under section 3(a)(2) of 
    the Small Business Act (15 U.S.C. 632(a)(2)) may provide unaudited 
    financial statements as documentation of historical financial 
    information if such statements are accompanied by the applicant's 
    Federal tax returns and Internal Revenue Service tax verifications 
    for the corresponding years.'';
        (2) in subsection (d)(3), by striking ``section 502(f)'' and 
    inserting ``section 22402(f)'';
        (3) in subsection (l)(3)(B), by striking ``serving a direct 
    loan'' and inserting ``servicing a direct loan''; and
        (4) in each of subsections (b) through (m), as applicable--
            (A) by striking ``section 502'' each place it appears and 
        inserting ``section 22402''; and
            (B) by striking ``this title'' each place it appears and 
        inserting ``this chapter''.
    (f) Employee Protection.--Section 22404 of title 49, United States 
Code, as added by subsection (a)(2), and amended by subsection (a)(6), 
is further amended--
        (1) in subsection (a)--
            (A) by striking ``not otherwise protected under title V of 
        the Regional Rail Reorganization Act of 1973 (45 U.S.C. 771 et 
        seq.),'';
            (B) by striking ``under this title'' and inserting ``under 
        this chapter'';
            (C) by striking ``within 120 days after the date of 
        enactment of this title'' and inserting ``not later than 120 
        days after February 5, 1976''; and
            (D) by striking ``within 150 days after the date of 
        enactment of this title'' and inserting ``not later than 150 
        days after February 5, 1976'';
        (2) in subsection (b)--
            (A) in the matter preceding paragraph (1)--
                (i) by striking ``applicable financial assistance under 
            this title'' and inserting ``applicable financial 
            assistance under this chapter''; and
                (ii) by striking ``from financial assistance under this 
            title'' and inserting ``from financial assistance under 
            this chapter'';
            (B) in paragraph (3), by striking ``under this title'' and 
        inserting ``under this chapter''; and
            (C) in paragraph (4), by striking ``to this title'' and 
        inserting ``to this chapter''; and
        (3) in subsection (c), by striking ``to this title'' and 
    inserting ``to this chapter''.
    (g) Substantive Criteria and Standards.--Chapter 224 of title 49, 
United States Code, as added by subsection (a), and amended by 
subsections (c) through (f), is further amended by adding at the end 
the following:
``Sec. 22405. Substantive criteria and standards
    ``The Secretary shall--
        ``(1) publish in the Federal Register and post on a website of 
    the Department of Transportation the substantive criteria and 
    standards used by the Secretary to determine whether to approve or 
    disapprove applications submitted under section 22402; and
        ``(2) ensure that adequate procedures and guidelines are in 
    place to permit the filing of complete applications not later than 
    30 days after the publication referred to in paragraph (1).''.
    (h) Authorization of Appropriations.--Chapter 224 of title 49, 
United States Code, as added by subsection (a), and amended by 
subsections (c) through (g), is further amended by adding at the end 
the following:
``Sec. 22406. Authorization of appropriations.
    ``(a) Authorization.--
        ``(1) In general.--There is authorized to be appropriated for 
    credit assistance under this chapter, which shall be provided at 
    the discretion of the Secretary, $50,000,000 for each of fiscal 
    years 2022 through 2026.
        ``(2) Refund of premium.--There is authorized to be 
    appropriated to the Secretary $70,000,000 to repay the credit risk 
    premium in accordance with section 22402(f)(5).
        ``(3) Availability.--Amounts appropriated pursuant to this 
    subsection shall remain available until expended.
    ``(b) Use of Funds.--
        ``(1) In general.--Credit assistance provided under subsection 
    (a) may not exceed $20,000,000 for any loan or loan guarantee.
        ``(2) Administrative costs.--Not less than 3 percent of the 
    amounts appropriated pursuant to subsection (a) in each fiscal year 
    shall be made available to the Secretary for use in place of 
    charges collected under section 22403(l)(1) for passenger railroads 
    and freight railroads other than Class I carriers.
        ``(3) Short line set-aside.--Not less than 50 percent of the 
    amounts appropriated pursuant to subsection (a)(1) for each fiscal 
    year shall be set aside for freight railroads other than Class I 
    carriers.''.
    (i) Clerical Amendment.--The analysis for title 49, United States 
Code, is amended by inserting after the item relating to chapter 223 
the following:
``224 . Railroad rehabilitation and improvement financing.......22401''.

    (j) Technical and Conforming Amendments.--
        (1) National trails system act.--Section 8(d) of the National 
    Trails System Act (16 U.S.C. 1247(d)) is amended by inserting ``(45 
    U.S.C. 801 et seq.) and chapter 224 of title 49, United States 
    Code'' after ``1976''.
        (2) Passenger rail reform and investment act.--Section 11315(c) 
    of the Passenger Rail Reform and Investment Act of 2015 (23 U.S.C. 
    322 note; Public Law 114-94) is amended by striking ``sections 502 
    and 503 of the Railroad Revitalization and Regulatory Reform Act of 
    1976'' and inserting ``sections 22402 and 22403 of title 49, United 
    States Code''.
        (3) Provisions classified in title 45, united states code.--
            (A) Railroad revitalization and regulatory reform act of 
        1976.--Section 101 of the Railroad Revitalization and 
        Regulatory Reform Act of 1976 (45 U.S.C. 801) is amended--
                (i) in subsection (a), in the matter preceding 
            paragraph (1), by striking ``It is the purpose of the 
            Congress in this Act to'' and inserting ``The purpose of 
            this Act and chapter 224 of title 49, United States Code, 
            is to''; and
                (ii) in subsection (b), in the matter preceding 
            paragraph (1), by striking ``It is declared to be the 
            policy of the Congress in this Act'' and inserting ``The 
            policy of this Act and chapter 224 of title 49, United 
            States Code, is''.
            (B) Railroad infrastructure financing improvement act.--The 
        Railroad Infrastructure Financing Improvement Act (subtitle F 
        of title XI of Public Law 114-94) is amended--
                (i) in section 11607(b) (45 U.S.C. 821 note), by 
            striking ``All provisions under sections 502 through 504 of 
            the Railroad Revitalization and Regulatory Reform Act of 
            1976 (45 U.S.C. 801 et seq.)'' and inserting ``All 
            provisions under section 22402 through 22404 of title 49, 
            United States Code,''; and
                (ii) in section 11610(b) (45 U.S.C. 821 note), by 
            striking ``section 502(f) of the Railroad Revitalization 
            and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)), as 
            amended by section 11607 of this Act'' and inserting 
            ``section 22402(f) of title 49, United States Code''.
            (C) Transportation equity act for the 21st century.--
        Section 7203(b)(2) of the Transportation Equity Act for the 
        21st Century (Public Law 105-178; 45 U.S.C. 821 note) is 
        amended by striking ``title V of the Railroad Revitalization 
        and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and 
        inserting ``chapter 224 of title 49, United States Code,''.
            (D) Hamm alert maritime safety act of 2018.--Section 
        212(d)(1) of Hamm Alert Maritime Safety Act of 2018 (title II 
        of Public Law 115-265; 45 U.S.C. 822 note) is amended, in the 
        matter preceding subparagraph (A), by striking ``for purposes 
        of section 502(f)(4) of the Railroad Revitalization and 
        Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(4))'' and 
        inserting ``for purposes of section 22402 of title 49, United 
        States Code''.
            (E) Milwaukee railroad restructuring act.--Section 15(f) of 
        the Milwaukee Railroad Restructuring Act (45 U.S.C. 914(f)) is 
        amended by striking ``Section 516 of the Railroad 
        Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
        836)'' and inserting ``Section 22404 of title 49, United States 
        Code,''.
            (F) Rock island railroad transition and employee assistance 
        act.--Section 104(b) of the Rock Island Railroad Transition and 
        Employee Assistance Act (45 U.S.C. 1003(b)) is amended--
                (i) in paragraph (1)--

                    (I) by striking ``title V of the Railroad 
                Revitalization and Regulatory Reform Act of 1976 (45 
                U.S.C. 821 et seq.)'' and inserting ``chapter 224 of 
                title 49, United States Code,''; and
                    (II) by striking ``and section 18(b) of the 
                Milwaukee Railroad Restructuring Act''; and

                (ii) in paragraph (2), by striking ``title V of the 
            Railroad Revitalization and Regulatory Reform Act of 1976, 
            and section 516 of such Act (45 U.S.C. 836)'' and inserting 
            ``chapter 224 of title 49, United States Code, including 
            section 22404 of such title,''.
        (4) Title 49.--
            (A) National surface transportation and innovative finance 
        bureau.--Section 116(d)(1)(B) of title 49, United States Code, 
        is amended by striking ``sections 501 through 503 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 821-823)'' and inserting ``sections 22401 through 
        22403''.
            (B) Prohibited discrimination.--Section 306(b) of title 49, 
        United States Code, is amended--
                (i) by striking ``chapter 221 or 249 of this title,'' 
            and inserting ``chapter 221, 224, or 249 of this title, 
            or''; and
                (ii) by striking ``, or title V of the Railroad 
            Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
            821 et seq.)''.
            (C) Passenger rail reform and investment act of 2015.--
        Section 11311(d) of the Passenger Rail Reform and Investment 
        Act of 2015 (Public Law 114-94; 49 U.S.C. 20101 note) is 
        amended by striking ``, and section 502 of the Railroad 
        Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
        822)''.
            (D) Grant conditions.--Section 22905(c)(2)(B) of title 49, 
        United States Code, is amended by striking ``section 504 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 836)'' and inserting ``section 22404''.
            (E) Passenger rail investment and improvement act of 
        2008.--Section 205(g) of the Passenger Rail Investment and 
        Improvement Act of 2008 (division B of Public Law 110-432; 49 
        U.S.C. 24101 note) is amended by striking ``title V of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 821 et seq.)'' and inserting ``chapter 224 of title 49, 
        United States Code''.
            (F) Amtrak authority.--Section 24903 of title 49, United 
        States Code, is amended--
                (i) in subsection (a)(6), by striking ``and the 
            Railroad Revitalization and Regulatory Reform Act of 1976 
            (45 U.S.C. 801 et seq.)'' and inserting ``, the Railroad 
            Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
            801 et seq.), and chapter 224 of this title''; and
                (ii) in subsection (c)(2), by striking ``and the 
            Railroad Revitalization and Regulatory Reform Act of 1976 
            (45 U.S.C. 801 et seq.)'' and inserting ``, the Railroad 
            Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
            801 et seq.), and chapter 224 of this title''.
SEC. 21302. SUBSTANTIVE CRITERIA AND STANDARDS.
    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall update the publicly available credit program guide 
in accordance with the provisions of chapter 224 of title 49, United 
States Code, as added by section 21301.
SEC. 21303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED DEVELOPMENT 
ELIGIBILITY.
    Not later than 6 months after the date of enactment of this Act, 
and every 6 months thereafter, the Secretary shall submit a report to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives that identifies--
        (1) the number of applications submitted to the Department for 
    a direct loan or loan guarantee under section 22402(b)(1)(E) of 
    title 49, United States Code, as amended by section 21301;
        (2) the number of such loans or loan guarantees that were 
    provided to the applicants; and
        (3) for each such application, the reasons for providing or 
    declining to provide the requested loan or loan guarantee.

                             TITLE II--RAIL

SEC. 22001. SHORT TITLE.
    This title may be cited as the ``Passenger Rail Expansion and Rail 
Safety Act of 2021''.

              Subtitle A--Authorization of Appropriations

SEC. 22101. GRANTS TO AMTRAK.
    (a) Northeast Corridor.--There are authorized to be appropriated to 
the Secretary for grants to Amtrak for activities associated with the 
Northeast Corridor the following amounts:
        (1) For fiscal year 2022, $1,570,000,000.
        (2) For fiscal year 2023, $1,100,000,000.
        (3) For fiscal year 2024, $1,200,000,000.
        (4) For fiscal year 2025, $1,300,000,000.
        (5) For fiscal year 2026, $1,400,000,000.
    (b) National Network.--There are authorized to be appropriated to 
the Secretary for grants to Amtrak for activities associated with the 
National Network the following amounts:
        (1) For fiscal year 2022, $2,300,000,000.
        (2) For fiscal year 2023, $2,200,000,000.
        (3) For fiscal year 2024, $2,450,000,000.
        (4) For fiscal year 2025, $2,700,000,000.
        (5) For fiscal year 2026, $3,000,000,000.
    (c) Oversight.--The Secretary may withhold up to 0.5 percent from 
the amount appropriated for each fiscal year pursuant to subsections 
(a) and (b) for the costs of oversight of Amtrak.
    (d) State-Supported Route Committee.--The Secretary may withhold up 
to $3,000,000 from the amount appropriated for each fiscal year 
pursuant to subsection (b) for use by the State-Supported Route 
Committee established under section 24712(a) of title 49, United States 
Code.
    (e) Northeast Corridor Commission.--The Secretary may withhold up 
to $6,000,000 from the amount appropriated for each fiscal year 
pursuant to subsection (a) for use by the Northeast Corridor Commission 
established under section 24905(a) of title 49, United States Code.
    (f) Interstate Rail Compacts.--The Secretary may withhold up to 
$3,000,000 from the amount appropriated for each fiscal year pursuant 
to subsection (b) for grants authorized under section 22910 of title 
49, United States Code.
    (g) Accessibility Upgrades.--
        (1) In general.--The Secretary shall withhold $50,000,000 from 
    the amount appropriated for each fiscal year pursuant to 
    subsections (a) and (b) for grants to assist Amtrak in financing 
    capital projects to upgrade the accessibility of the national rail 
    passenger transportation system by increasing the number of 
    existing facilities that are compliant with the requirements under 
    the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
    seq.) until the Secretary determines Amtrak's existing facilities 
    are in compliance with such requirements.
        (2) Savings provision.--Nothing in paragraph (1) may be 
    construed to prevent Amtrak from using additional funds 
    appropriated pursuant to this section to carry out the activities 
    authorized under such paragraph.
    (h) Corridor Development.--In addition to the activities authorized 
under subsection (b), Amtrak may use up to 10 percent of the amounts 
appropriated under subsection (b) in each fiscal year to support 
Amtrak-operated corridors selected under section 22306 for--
        (1) planning and capital costs; and
        (2) operating assistance consistent with the Federal funding 
    limitations under section 22908 of title 49, United States Code.
SEC. 22102. FEDERAL RAILROAD ADMINISTRATION.
    (a) Safety and Operations.--There are authorized to be appropriated 
to the Secretary for the operations of the Federal Railroad 
Administration and to carry out railroad safety activities the 
following amounts:
        (1) For fiscal year 2022, $248,000,000.
        (2) For fiscal year 2023, $254,000,000.
        (3) For fiscal year 2024, $263,000,000.
        (4) For fiscal year 2025, $271,000,000.
        (5) For fiscal year 2026, $279,000,000.
    (b) Railroad Research and Development.--There are authorized to be 
appropriated to the Secretary for the use of the Federal Railroad 
Administration for activities associated with railroad research and 
development the following amounts:
        (1) For fiscal year 2022, $43,000,000.
        (2) For fiscal year 2023, $44,000,000.
        (3) For fiscal year 2024, $45,000,000.
        (4) For fiscal year 2025, $46,000,000.
        (5) For fiscal year 2026, $47,000,000.
    (c) Transportation Technology Center.--The Secretary may withhold 
up to $3,000,000 from the amount appropriated for each fiscal year 
pursuant to subsection (b) for activities authorized under section 
20108(d) of title 49, United States Code.
    (d) Rail Research and Development Center of Excellence.--The 
Secretary may withhold up to 10 percent of the amount appropriated for 
each fiscal year under subsection (b) for grants authorized under 
section 20108(j) of title 49, United States Code.
SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS 
GRANTS.
    (a) In General.--There is authorized to be appropriated to the 
Secretary for grants under section 22907 of title 49, United States 
Code, $1,000,000,000 for each of fiscal years 2022 through 2026.
    (b) Oversight.--The Secretary may withhold up to 2 percent from the 
amount appropriated for each fiscal year pursuant to subsection (a) for 
the costs of project management oversight of grants authorized under 
title 49, United States Code.
SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM.
    (a) In General.--There is authorized to be appropriated to the 
Secretary for grants under section 22909 of title 49, United States 
Code, as added by section 22305, $500,000,000 for each of fiscal years 
2022 through 2026.
    (b) Planning Projects.--Not less than 3 percent of the amount 
appropriated in each fiscal year pursuant to subsection (a) year shall 
be used for planning projects described in section 22909(d)(6) of title 
49, United States Code.
    (c) Highway-rail Grade Crossing Safety Information and Education 
Program.--Of the amount appropriated under subsection (a) in each 
fiscal year, 0.25 percent shall be used for contracts or grants to 
carry out a highway-rail grade crossing safety information and 
education program--
        (1) to help prevent and reduce pedestrian, motor vehicle, and 
    other accidents, incidents, injuries, and fatalities; and
        (2) to improve awareness along railroad rights-of-way and at 
    highway-rail grade crossings.
    (d) Oversight.--The Secretary may withhold up to 2 percent from the 
amount appropriated for each fiscal year pursuant to subsection (a) for 
the costs of project management oversight of grants authorized under 
title 49, United States Code.
SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS.
    (a) In General.--There is authorized to be appropriated to the 
Secretary for grants under section 22908 of title 49, United States 
Code, $50,000,000 for each of fiscal years 2022 through 2026.
    (b) Oversight.--The Secretary may withhold up to 1 percent of the 
amount appropriated for each fiscal year pursuant to subsection (a) for 
the costs of project management oversight of grants authorized under 
title 49, United States Code.
SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL 
GRANTS.
    (a) In General.--There is authorized to be appropriated to the 
Secretary for grants under section 24911 of title 49, United States 
Code, $1,500,000,000 for each of fiscal years 2022 through 2026.
    (b) Oversight.--The Secretary may withhold up to 2 percent of the 
amount appropriated under subsection (a) for the costs of project 
management oversight of grants authorized under title 49, United States 
Code.
SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL.
    There are authorized to be appropriated to the Office of Inspector 
General of Amtrak the following amounts:
        (1) For fiscal year 2022, $26,500,000.
        (2) For fiscal year 2023, $27,000,000.
        (3) For fiscal year 2024, $27,500,000.
        (4) For fiscal year 2025, $28,000,000.
        (5) For fiscal year 2026, $28,500,000.

                       Subtitle B--Amtrak Reforms

SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS.
    (a) Findings.--Section 24101(a) of title 49, United States Code, is 
amended--
        (1) in paragraph (1), by striking ``between crowded urban areas 
    and in other areas of'' and inserting ``throughout'';
        (2) in paragraph (4), by striking ``to Amtrak to achieve a 
    performance level sufficient to justify expending public money'' 
    and inserting ``in order to meet the intercity passenger rail needs 
    of the United States'';
        (3) in paragraph (5)--
            (A) by inserting ``intercity passenger and'' before 
        ``commuter''; and
            (B) by inserting ``and rural'' after ``major urban;'' and
        (4) by adding at the end the following:
    ``(9) Long-distance routes are valuable resources of the United 
States that are used by rural and urban communities.''.
    (b) Goals.--Section 24101(c) of title 49, United States Code, is 
amended--
        (1) by amending paragraph (1) to read as follows:
        ``(1) use its best business judgment in acting to maximize the 
    benefits of Federal investments, including--
            ``(A) offering competitive fares;
            ``(B) increasing revenue from the transportation of mail 
        and express;
            ``(C) offering food service that meets the needs of its 
        customers;
            ``(D) improving its contracts with rail carriers over whose 
        tracks Amtrak operates;
            ``(E) controlling or reducing management and operating 
        costs; and
            ``(F) providing economic benefits to the communities it 
        serves;'';
        (2) in paragraph (11), by striking ``and'' at the end;
        (3) in paragraph (12), by striking the period at the end and 
    inserting ``; and''; and
        (4) by adding at the end the following:
        ``(13) support and maintain established long-distance routes to 
    provide value to the Nation by serving customers throughout the 
    United States and connecting urban and rural communities.''.
    (c) Increasing Revenues.--Section 24101(d) of title 49, United 
States Code, is amended to read as follows:
    ``(d) Increasing Revenues.--Amtrak is encouraged to make agreements 
with private sector entities and to undertake initiatives that are 
consistent with good business judgment and designed to generate 
additional revenues to advance the goals described in subsection 
(c).''.
SEC. 22202. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.
    (a) Selection; Composition; Chair.--Section 24302(a) of title 49, 
United States Code, is amended--
        (1) in paragraph (1)--
            (A) in subparagraph (B), by striking ``President'' and 
        inserting ``Chief Executive Officer''; and
            (B) in subparagraph (C), by inserting ``, at least 1 of 
        whom shall be an individual with a disability (as defined in 
        section 3 of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12102)) who has a demonstrated history of, or experience 
        with, accessibility, mobility, and inclusive transportation in 
        passenger rail or commuter rail'' before the period at the end;
        (2) in paragraph (2), by striking ``and try to provide adequate 
    and balanced representation of the major geographic regions of the 
    United States served by Amtrak'';
        (3) by redesignating paragraph (5) as paragraph (7); and
        (4) by striking paragraph (4) and inserting the following:
        ``(4) Of the individuals appointed pursuant to paragraph 
    (1)(C)--
            ``(A) 2 individuals shall reside in or near a location 
        served by a regularly scheduled Amtrak service along the 
        Northeast Corridor;
            ``(B) 4 individuals shall reside in or near regions of the 
        United States that are geographically distributed outside of 
        the Northeast Corridor, of whom--
                ``(i) 2 individuals shall reside in States served by a 
            long-distance route operated by Amtrak;
                ``(ii) 2 individuals shall reside in States served by a 
            State-supported route operated by Amtrak; and
                ``(iii) an individual who resides in a State that is 
            served by a State-supported route and a long-distance route 
            may be appointed to serve either position referred to in 
            clauses (i) and (ii);
            ``(C) 2 individuals shall reside either--
                ``(i) in or near a location served by a regularly 
            scheduled Amtrak service on the Northeast Corridor; or
                ``(ii) in a State served by long-distance or a State-
            supported route; and
            ``(D) each individual appointed to the Board pursuant to 
        this paragraph may only fill 1 of the allocations set forth in 
        subparagraphs (A) through (C).
        ``(5) The Board shall elect a chairperson and vice chairperson, 
    other than the Chief Executive Officer of Amtrak, from among its 
    membership. The vice chairperson shall act as chairperson in the 
    absence of the chairperson.
        ``(6) The Board shall meet at least annually with--
            ``(A) representatives of Amtrak employees;
            ``(B) representatives of persons with disabilities; and
            ``(C) the general public, in an open meeting with a virtual 
        attendance option, to discuss financial performance and service 
        results.''.
    (b) Rule of Construction.--None of the amendments made by 
subsection (a) may be construed as affecting the term of any director 
serving on the Amtrak Board of Directors under section 24302(a)(1)(C) 
of title 49, United States Code, as of the date of enactment of this 
Act.
SEC. 22203. STATION AGENTS.
    Section 24312 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Availability of Station Agents.--
        ``(1) In general.--Except as provided in paragraph (2), 
    beginning on the date that is 1 year after the date of enactment of 
    the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak 
    shall ensure that at least 1 Amtrak ticket agent is employed at 
    each station building--
            ``(A) that Amtrak owns, or operates service through, as 
        part of a long-distance or Northeast Corridor passenger service 
        route;
            ``(B) where at least 1 Amtrak ticket agent was employed on 
        or after October 1, 2017; and
            ``(C) for which an average of 40 passengers boarded or 
        deboarded an Amtrak train per day during all of the days in 
        fiscal year 2017 when the station was serviced by Amtrak, 
        regardless of the number of Amtrak trains servicing the station 
        per day.
        ``(2) Exception.--Paragraph (1) shall not apply to any station 
    building in which a commuter rail ticket agent has the authority to 
    sell Amtrak tickets.''.
SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG-DISTANCE 
ROUTES AND OTHER INTERCITY SERVICES.
    (a) Amtrak Annual Operations Report.--Section 24315(a)(1) of title 
49, United States Code, is amended--
        (1) in subparagraph (G), by striking ``and'' at the end;
        (2) in subparagraph (H), by adding ``and'' at the end; and
        (3) by adding at the end the following:
            ``(I) any change made to a route's or service's frequency 
        or station stops;''.
    (b) 5-year Business Line Plans.--Section 24320(b)(2) of title 49, 
United States Code, is amended--
        (1) by redesignating subparagraphs (B) through (L) as 
    subparagraphs (C) through (M), respectively; and
        (2) by inserting after subparagraph (A) the following:
            ``(B) a detailed description of any plans to permanently 
        change a route's or service's frequency or station stops for 
        the service line;''.
SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.
    Section 24317 of title 49, United States Code, is amended--
        (1) in subsection (a)(2), by striking ``and costs among Amtrak 
    business lines'' and inserting ``, including Federal grant funds, 
    and costs among Amtrak service lines'';
        (2) by amending subsection (b) to read as follows:
    ``(b) Account Structure.--
        ``(1) In general.--The Secretary of Transportation, in 
    consultation with Amtrak, shall define, maintain, and periodically 
    update an account structure and improvements to accounting 
    methodologies, as necessary, to support the Northeast Corridor and 
    the National Network.
        ``(2) Notification of substantive changes.--The Secretary shall 
    notify the Committee on Commerce, Science, and Transportation of 
    the Senate, the Committee on Appropriations of the Senate, the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives, and the Committee on Appropriations of the House 
    of Representatives regarding any substantive changes made to the 
    account structure, including changes to--
            ``(A) the service lines described in section 24320(b)(1); 
        and
            ``(B) the asset lines described in section 24320(c)(1).'';
        (3) in subsection (c), in the matter preceding paragraph (1), 
    by inserting ``, maintaining, and updating'' after ``defining'';
        (4) in subsection (d), in the matter preceding paragraph (1), 
    by inserting ``, maintaining, and updating'' after ``defining'';
        (5) by amending subsection (e) to read as follows:
    ``(e) Implementation and Reporting.--
        ``(1) In general.--Amtrak, in consultation with the Secretary 
    of Transportation, shall maintain and implement any account 
    structures and improvements defined under subsection (b) to enable 
    Amtrak to produce sources and uses statements for each of the 
    service lines described in section 24320(b)(1) and, as appropriate, 
    each of the asset lines described in section 24320(c)(1), that 
    identify sources and uses of revenues, appropriations, and 
    transfers between accounts.
        ``(2) Updated sources and uses statements.--Not later than 30 
    days after the implementation of subsection (b), and monthly 
    thereafter, Amtrak shall submit to the Secretary of Transportation 
    updated sources and uses statements for each of the service lines 
    and asset lines referred to in paragraph (1). The Secretary and 
    Amtrak may agree to a different frequency of reporting.'';
        (6) by striking subsection (h); and
        (7) by redesignating subsection (i) as subsection (h).
SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.
    (a) Allocation of Costs and Revenues.--Section 24318(a) of title 
49, United States Code, is amended by striking ``Not later than 180 
days after the date of enactment of the Passenger Rail Reform and 
Investment Act of 2015,''.
    (b) Grant Process and Reporting.--Section 24319 of title 49, United 
States Code, is amended--
        (1) in the section heading, by inserting ``and reporting'' 
    after ``process'';
        (2) by amending subsection (a) to read as follows:
    ``(a) Procedures for Grant Requests.--The Secretary of 
Transportation shall--
        ``(1) establish and maintain substantive and procedural 
    requirements, including schedules, for grant requests under this 
    section; and
        ``(2) report any changes to such procedures to--
            ``(A) the Committee on Commerce, Science, and 
        Transportation of the Senate;
            ``(B) the Committee on Appropriations of the Senate;
            ``(C) the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
            ``(D) the Committee on Appropriations of the House of 
        Representatives.'';
        (3) in subsection (b), by striking ``grant requests'' and 
    inserting ``a grant request annually, or as additionally 
    required,'';
        (4) by amending subsection (c) to read as follows:
    ``(c) Contents.--
        ``(1) In general.--Each grant request under subsection (b) 
    shall, as applicable--
            ``(A) categorize and identify, by source, the Federal funds 
        and program income that will be used for the upcoming fiscal 
        year for each of the Northeast Corridor and National Network in 
        1 of the categories or subcategories set forth in paragraph 
        (2);
            ``(B) describe the operations, services, programs, 
        projects, and other activities to be funded within each of the 
        categories set forth in paragraph (2), including--
                ``(i) the estimated scope, schedule, and budget 
            necessary to complete each project and program; and
                ``(ii) the performance measures used to quantify 
            expected and actual project outcomes and benefits, 
            aggregated by fiscal year, project milestone, and any other 
            appropriate grouping; and
            ``(C) describe the status of efforts to improve Amtrak's 
        safety culture.
        ``(2) Grant categories.--
            ``(A) Operating expenses.--Each grant request to use 
        Federal funds for operating expenses shall--
                ``(i) include estimated net operating costs not covered 
            by other Amtrak revenue sources;
                ``(ii) specify Federal funding requested for each 
            service line described in section 24320(b)(1); and
                ``(iii) be itemized by route.
            ``(B) Debt service.--A grant request to use Federal funds 
        for expenses related to debt, including payment of principle 
        and interest, as allowed under section 205 of the Passenger 
        Rail Investment and Improvement Act of 2008 (Public Law 110-
        432; 49 U.S.C. 24101 note).
            ``(C) Capital.--A grant request to use Federal funds and 
        program income for capital expenses shall include capital 
        projects and programs primarily associated with--
                ``(i) normalized capital replacement programs, 
            including regularly recurring work programs implemented on 
            a systematic basis on classes of physical railroad assets, 
            such as track, structures, electric traction and power 
            systems, rolling stock, and communications and signal 
            systems, to maintain and sustain the condition and 
            performance of such assets to support continued railroad 
            operations;
                ``(ii) improvement projects to support service and 
            safety enhancements, including discrete projects 
            implemented in accordance with a fixed scope, schedule, and 
            budget that result in enhanced or new infrastructure, 
            equipment, or facilities;
                ``(iii) backlog capital replacement projects, including 
            discrete projects implemented in accordance with a fixed 
            scope, schedule, and budget that primarily replace or 
            rehabilitate major infrastructure assets, including 
            tunnels, bridges, stations, and similar assets, to reduce 
            the state of good repair backlog on the Amtrak network;
                ``(iv) strategic initiative projects, including 
            discrete projects implemented in accordance with a fixed 
            scope, schedule, and budget that primarily improve overall 
            operational performance, lower costs, or otherwise improve 
            Amtrak's corporate efficiency; and
                ``(v) statutory, regulatory, or other legally mandated 
            projects, including discrete projects implemented in 
            accordance with a fixed scope, schedule, and budget that 
            enable Amtrak to fulfill specific legal or regulatory 
            mandates.
            ``(D) Contingency.--A grant request to use Federal funds 
        for operating and capital expense contingency shall include--
                ``(i) contingency levels for specified activities and 
            operations; and
                ``(ii) a process for the utilization of such 
            contingency.
        ``(3) Modification of categories.--The Secretary of 
    Transportation and Amtrak may jointly agree to modify the 
    categories set forth in paragraph (2) if such modifications are 
    necessary to improve the transparency, oversight, or delivery of 
    projects funded through grant requests under this section.'';
        (5) in subsection (d)(1)(A)--
            (A) by inserting ``complete'' after ``submits a'';
            (B) by striking ``shall complete'' and inserting ``shall 
        finish''; and
            (C) in clause (ii), by striking ``incomplete or'';
        (6) in subsection (e)--
            (A) in paragraph (1)--
                (i) by striking ``and other activities to be funded by 
            the grant'' and inserting ``programs, projects, and other 
            activities to be funded by the grant, consistent with the 
            categories required for Amtrak in a grant request under 
            subsection (c)(1)(A)''; and
                (ii) by striking ``or activities'' and inserting 
            ``programs, projects, and other activities''; and
            (B) in paragraph (3)--
                (i) by redesignating subparagraphs (A) and (B) as 
            subparagraphs (B) and (C), respectively; and
                (ii) by inserting before subparagraph (B), as 
            redesignated, the following:
            ``(A) using an otherwise allowable approach to the method 
        prescribed for a specific project or category of projects under 
        paragraph (2) if the Secretary and Amtrak agree that a 
        different payment method is necessary to more successfully 
        implement and report on an operation, service, program, 
        project, or other activity;'';
        (7) by redesignating subsection (h) as subsection (j); and
        (8) by inserting after subsection (g) the following:
    ``(h) Applicable Laws and Regulations.--
        ``(1) Single audit act of 1984.--Notwithstanding section 
    24301(a)(3) of this title and section 7501(a)(13) of title 31, 
    Amtrak shall be deemed a `non-Federal entity' for purposes of 
    chapter 75 of title 31.
        ``(2) Regulations and guidance.--The Secretary of 
    Transportation may apply some or all of the requirements set forth 
    in the regulations and guidance promulgated by the Secretary 
    relating to the management, administration, cost principles, and 
    audit requirements for Federal awards.
    ``(i) Amtrak Grant Reporting.--The Secretary of Transportation 
shall determine the varying levels of detail and information that will 
be included in reports for operations, services, program, projects, 
program income, cash on hand, and other activities within each of the 
grant categories described in subsection (c)(2).''.
    (c) Conforming Amendments.--
        (1) Reports and audits.--Section 24315(b)(1) of title 49, 
    United States Code, is amended--
            (A) in subparagraph (A), by striking ``the goal of section 
        24902(b) of this title; and'' and inserting ``the goal 
        described in section 24902(a);'';
            (B) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following:
            ``(C) shall incorporate the category described in section 
        24319(c)(2)(C).''.
        (2) Clerical amendment.--The analysis for chapter 243 of title 
    49, United States Code, is amended by striking the item relating to 
    section 24319 and inserting the following:
``24319. Grant process and reporting.''.
SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN TRANSPARENCY.
    (a) In General.--Section 24320 of title 49, United States Code, is 
amended--
        (1) in the section heading, by striking ``business line and 
    asset plans'' and inserting ``service line and asset line plans'';
        (2) in subsection (a)--
            (A) in paragraph (1)--
                (i) by striking ``of each year'' and inserting ``, 
            2020, and biennially thereafter'';
                (ii) by striking ``5-year business line plans and 5-
            year asset plans'' and inserting ``5-year service line 
            plans and 5-year asset line plans''; and
                (iii) by adding at the end the following: ``During each 
            year in which Amtrak is not required to submit a plan under 
            this paragraph, Amtrak shall submit to Congress updated 
            financial sources and uses statements and forecasts with 
            the annual report required under section 24315(b).''; and
            (B) in paragraph (2), by striking ``asset plan required 
        in'' and inserting ``asset line plan required under'';
        (3) in subsection (b)--
            (A) in the subsection heading, by striking ``Business'' and 
        inserting ``Service'';
            (B) in paragraph (1)--
                (i) in the paragraph heading, by striking ``business'' 
            and inserting ``service'';
                (ii) by striking ``business'' each place such term 
            appears and inserting ``service'';
                (iii) by amending subparagraph (B) to read as follows:
            ``(B) Amtrak State-supported train services.'';
                (iv) in subparagraph (C), by striking ``routes'' and 
            inserting ``train services''; and
                (v) by adding at the end the following:
            ``(E) Infrastructure access services for use of Amtrak-
        owned or Amtrak-controlled infrastructure and facilities.'';
            (C) in paragraph (2)--
                (i) in the paragraph heading, by striking ``business'' 
            and inserting ``service'';
                (ii) by striking ``business'' each place such term 
            appears and inserting ``service'';
                (iii) in subparagraph (A), by striking ``Strategic Plan 
            and 5-year asset plans'' and inserting ``5-year asset line 
            plans'';
                (iv) in subparagraph (F) (as redesignated by section 
            22204(b)(1)), by striking ``profit and loss'' and inserting 
            ``sources and uses'';
                (v) by striking subparagraph (G) (as redesignated by 
            section 22204(b)(1));
                (vi) by redesignating subparagraphs (H) through (M) (as 
            redesignated by section 22204(b)(1)) as subparagraphs (G) 
            through (L), respectively; and
                (vii) by amending subparagraph (I) (as so redesignated) 
            to read as follows:
            ``(I) financial performance for each route, if deemed 
        applicable by the Secretary, within each service line, 
        including descriptions of the cash operating loss or 
        contribution;'';
            (D) in paragraph (3)--
                (i) in the paragraph heading, by striking ``business'' 
            and inserting ``service'';
                (ii) by striking ``business'' each place such term 
            appears and inserting ``service'';
                (iii) by redesignating subparagraphs (A), (B), (C), and 
            (D) as clauses (i), (ii), (iii), and (iv), respectively, 
            and moving such clauses 2 ems to the right;
                (iv) by inserting before clause (i), as redesignated, 
            the following:
            ``(A) not later than 180 days after the date of enactment 
        of the Passenger Rail Expansion and Rail Safety Act of 2021, 
        submit to the Secretary, for approval, a consultation process 
        for the development of each service line plan that requires 
        Amtrak to--'';
                (v) in subparagraph (A), as amended by clause (iv)--

                    (I) in clause (iii), as redesignated, by inserting 
                ``and submit the final service line plan required under 
                subsection (a)(1) to the State-Supported Route 
                Committee'' before the semicolon at the end;
                    (II) in clause (iv), as redesignated, by inserting 
                ``and'' after the semicolon at the end; and
                    (III) by adding at the end the following:

                ``(v) for the infrastructure access service line plan, 
            consult with the Northeast Corridor Commission and other 
            entities, as appropriate, and submit the final asset line 
            plan under subsection (a)(1) to the Northeast Corridor 
            Commission;''; and
                (vi) by redesignating subparagraphs (E) and (F) as 
            subparagraphs (B) and (C), respectively;
            (E) by redesignating paragraph (4) as paragraph (5); and
            (F) by inserting after paragraph (3)(C), as redesignated, 
        the following:
        ``(4) 5-year service line plans updates.--Amtrak may modify the 
    content to be included in the service line plans described in 
    paragraph (1), upon the approval of the Secretary, if the Secretary 
    determines that such modifications are necessary to improve the 
    transparency, oversight, and delivery of Amtrak services and the 
    use of Federal funds by Amtrak.''; and
        (4) in subsection (c)--
            (A) in the subsection heading, by inserting ``Line'' after 
        ``Asset'';
            (B) in paragraph (1)--
                (i) in the paragraph heading, by striking 
            ``categories'' and inserting ``lines'';
                (ii) in the matter preceding subparagraph (A), by 
            striking ``asset plan for each of the following asset 
            categories'' and inserting ``asset line plan for each of 
            the following asset lines'';
                (iii) by redesignating subparagraphs (A), (B), (C), and 
            (D) as subparagraphs (B), (C), (D), and (E), respectively;
                (iv) by inserting before subparagraph (B), as 
            redesignated, the following:
            ``(A) Transportation, including activities and resources 
        associated with the operation and movement of Amtrak trains, 
        onboard services, and amenities.'';
                (v) in subparagraph (B), as redesignated, by inserting 
            ``and maintenance-of-way equipment'' after ``facilities''; 
            and
                (vi) in subparagraph (C), as redesignated, by striking 
            ``Passenger rail equipment'' and inserting ``Equipment'';
            (C) in paragraph (2)--
                (i) in the paragraph heading, by inserting ``line'' 
            after ``asset'';
                (ii) in the matter preceding subparagraph (A), by 
            inserting ``line'' after ``asset'';
                (iii) in subparagraph (A), by striking ``category'' and 
            inserting ``line'';
                (iv) in subparagraph (C)(iii)(III), by striking ``and'' 
            at the end;
                (v) by amending subparagraph (D) to read as follows:
            ``(D) annual sources and uses statements and forecasts for 
        each asset line; and''; and
                (vi) by adding at the end the following:
            ``(E) other elements that Amtrak elects to include.'';
            (D) in paragraph (3)--
                (i) in the paragraph heading, by inserting ``line'' 
            after ``asset'';
                (ii) by redesignating subparagraphs (A) and (B) as 
            clauses (i) and (ii) and moving such clauses 2 ems to the 
            right;
                (iii) by inserting before clause (i), as redesignated, 
            the following:
            ``(A) not later than 180 days after the date of enactment 
        of the Passenger Rail Expansion and Rail Safety Act of 2021, 
        submit to the Secretary, for approval, a consultation process 
        for the development of each asset line plan that requires 
        Amtrak to--'';
                (iv) in subparagraph (A), as added by clause (iii)--

                    (I) in clause (i), as redesignated--

                        (aa) by striking ``business'' each place such 
                    term appears and inserting ``service'';
                        (bb) by inserting ``line'' after ``asset'' each 
                    place such term appears; and
                        (cc) by adding ``and'' at the end; and

                    (II) in clause (ii), as redesignated--

                        (aa) by inserting ``consult with the Secretary 
                    of Transportation in the development of asset line 
                    plans and,'' before ``as applicable''; and
                        (bb) by inserting ``line'' after ``5-year 
                    asset'';
                (v) by redesignating subparagraph (C) as subparagraph 
            (B); and
                (vi) in subparagraph (B), as redesignated, by striking 
            ``category'' and inserting ``line'';
            (E) by redesignating paragraphs (4), (5), (6), and (7) as 
        paragraphs (5), (6), (7), and (8), respectively;
            (F) by inserting after paragraph (3) the following:
        ``(4) 5-year asset line plan updates.--Amtrak may modify the 
    content to be included in the asset line plans described in 
    paragraph (1), on approval of the Secretary, if the Secretary 
    determines that such modifications are necessary to improve the 
    transparency, oversight, and delivery of Amtrak services and the 
    use of Federal funds by Amtrak.'';
            (G) in paragraph (5)(A), as redesignated, by inserting ``, 
        but shall not include corporate services (as defined pursuant 
        to section 24317(b))'' after ``national assets''; and
            (H) in paragraph (7), as redesignated, by striking 
        ``paragraph (4)'' and inserting ``paragraph (5)''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is amended by striking the item relating to section 
24320 and inserting the following:
``24320. Amtrak 5-year service line and asset line plans.''.

    (c) Effective Dates.--Section 11203(b) of the Passenger Rail Reform 
and Investment Act of 2015 (49 U.S.C. 24320 note) is amended--
        (1) by striking ``business'' each place such term appears and 
    inserting ``service''; and
        (2) by inserting ``line'' after ``asset'' each place such term 
    appears.
SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT.
    (a) In General.--Section 24305(c)(4) of title 49, United States 
Code, is amended by striking ``only if revenues from the services each 
year at least equal the cost of providing the services''.
    (b) Food and Beverage Service Working Group.--
        (1) In general.--Section 24321 of title 49, United States Code, 
    is amended to read as follows:
``Sec. 24321. Food and beverage service
    ``(a) Working Group.--
        ``(1) Establishment.--Not later than 180 days after enactment 
    of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak 
    shall establish a working group to provide recommendations to 
    improve Amtrak's onboard food and beverage service.
        ``(2) Membership.--The working group shall consist of 
    individuals representing--
            ``(A) Amtrak;
            ``(B) the labor organizations representing Amtrak employees 
        who prepare or provide on-board food and beverage service;
            ``(C) nonprofit organizations representing Amtrak 
        passengers; and
            ``(D) States that are providing funding for State-supported 
        routes.
    ``(b) Report.--Not later than 1 year after the establishment of the 
working group pursuant to subsection (a), the working group shall 
submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives containing 
recommendations for improving Amtrak's food and beverage service, 
including--
        ``(1) ways to improve the financial performance of Amtrak;
        ``(2) ways to increase and retain ridership;
        ``(3) the differing needs of passengers traveling on long-
    distance routes, State supported routes, and the Northeast 
    Corridor;
        ``(4) Amtrak passenger survey data about the food and beverages 
    offered on Amtrak trains;
        ``(5) ways to incorporate local food and beverage items on 
    State-supported routes; and
        ``(6) any other issue that the working group determines to be 
    appropriate.
    ``(c) Implementation.--Not later than 180 days after the submission 
of the report pursuant to subsection (b), Amtrak shall submit a plan 
for implementing the recommendations of the working group, and an 
explanation for any of the working group's recommendations it does not 
agree with and does not plan on implementing to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives.
    ``(d) Savings Clause.--Amtrak shall ensure that no Amtrak employee 
who held a position on a long-distance or Northeast Corridor route as 
of the date of enactment of the Passenger Rail Expansion and Rail 
Safety Act of 2021, is involuntarily separated because of the 
development and implementation of the plan required under this 
section.''.
        (2) Clerical amendment.--The analysis for chapter 243 of title 
    49, United States Code, is amended by striking the item relating to 
    section 24321 and inserting the following:
``24321. Food and beverage service.''.
SEC. 22209. AMTRAK SMOKING POLICY.
    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24323. Prohibition on smoking on Amtrak trains
    ``(a) Prohibition.--Beginning on the date of enactment of this 
section, Amtrak shall prohibit smoking, including the use of electronic 
cigarettes, onboard all Amtrak trains.
    ``(b) Electronic Cigarette Defined.--In this section, the term 
`electronic cigarette' means a device that delivers nicotine or other 
substances to a user of the device in the form of a vapor that is 
inhaled to simulate the experience of smoking.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is amended by adding at the end the following:
``24323. Prohibition on smoking on Amtrak trains.''.
SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES.
    Section 24706 of title 49, United States Code, is amended--
        (1) in subsection (a), by striking ``subsection (b) of this 
    section, at least 180 days'' and inserting ``subsection (c), not 
    later than 180 days'';
        (2) by redesignating subsections (b) and (c) as subsections (c) 
    and (e), respectively;
        (3) by inserting after subsection (a) the following:
    ``(b) Discontinuance or Substantial Alteration of Long-distance 
Routes.--Except as provided in subsection (c), in an emergency, or 
during maintenance or construction outages impacting Amtrak routes, 
Amtrak may not discontinue, reduce the frequency of, suspend, or 
substantially alter the route of rail service on any segment of any 
long-distance route in any fiscal year in which Amtrak receives 
adequate Federal funding for such route on the National Network.''; and
        (4) by inserting after subsection (c), as redesignated, the 
    following:
    ``(d) Congressional Notification of Discontinuance.--Except as 
provided in subsection (c), not later than 210 days before 
discontinuing service over a route, Amtrak shall give written notice of 
such discontinuance to all of the members of Congress representing any 
State or district in which the discontinuance would occur.''.
SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE.
    (a) State-Supported Route Committee.--Section 24712(a) of title 49, 
United States Code, is amended--
        (1) in paragraph (1)--
            (A) by striking ``Not later than 180 days after the date of 
        enactment of the Passenger Rail Reform and Investment Act of 
        2015, the Secretary of Transportation shall establish'' and 
        inserting ``There is established''; and
            (B) by inserting ``current and future'' before ``rail 
        operations'';
        (2) by redesignating paragraphs (4), (5), and (6) as paragraphs 
    (5), (6), and (7), respectively;
        (3) by inserting after paragraph (3) the following:
        ``(4) Ability to conduct certain business.--If all of the 
    members of 1 voting bloc described in paragraph (3) abstain from a 
    Committee decision, agreement between the other 2 voting blocs 
    consistent with the procedures set forth in such paragraph shall be 
    deemed sufficient for purpose of achieving unanimous consent.'';
        (4) in paragraph (5), as redesignated, in the matter preceding 
    subparagraph (A)--
            (A) by striking ``convene a meeting and shall define and 
        implement'' and inserting ``define and periodically update''; 
        and
            (B) by striking ``not later than 180 days after the date of 
        establishment of the Committee by the Secretary''; and
        (5) in paragraph (7), as redesignated--
            (A) in the paragraph heading, by striking ``allocation 
        methodology'' and inserting ``methodology policy'';
            (B) in subparagraph (A), by striking ``allocation 
        methodology'' and inserting ``methodology policy'';
            (C) by amending subparagraph (B) to read as follows:
            ``(B) Revisions to cost methodology policy.--
                ``(i) Requirement to revise and update.--Subject to 
            rules and procedures established pursuant to clause (iii), 
            not later than March 31, 2022, the Committee shall revise 
            and update the cost methodology policy required and 
            previously approved under section 209 of the Passenger Rail 
            Investment and Improvement Act of 2008 (49 U.S.C. 20901 
            note). The Committee shall implement a revised cost 
            methodology policy during fiscal year 2023. Not later than 
            30 days after the adoption of the revised cost methodology 
            policy, the Committee shall submit a report documenting and 
            explaining any changes to the cost methodology policy and 
            plans for implementation of such policy, including a 
            description of the improvements to the accounting 
            information provided by Amtrak to the States, to the 
            Committee on Commerce, Science, and Transportation of the 
            Senate and the Committee on Transportation and 
            Infrastructure of the House of Representatives. The revised 
            cost methodology policy shall ensure that States will be 
            responsible for costs attributable to the provision of 
            service for their routes.
                ``(ii) Implementation impacts on federal funding.--To 
            the extent that a revision developed pursuant to clause (i) 
            assigns to Amtrak costs that were previously allocated to 
            States, Amtrak shall request with specificity such 
            additional funding in the general and legislative annual 
            report required under section 24315 or in any appropriate 
            subsequent Federal funding request for the fiscal year in 
            which the revised cost methodology policy will be 
            implemented.
                ``(iii) Procedures for changing methodology.--
            Notwithstanding section 209(b) of the Passenger Rail 
            Investment and Improvement Act of 2008 (49 U.S.C. 20901 
            note), the rules and procedures implemented pursuant to 
            paragraph (5) shall include--

                    ``(I) procedures for changing the cost methodology 
                policy in accordance with clause (i); and
                    ``(II) procedures or broad guidelines for 
                conducting financial planning, including operating and 
                capital forecasting, reporting, data sharing, and 
                governance.'';

            (D) in subparagraph (C)--
                (i) in the matter preceding clause (i), by striking 
            ``allocation methodology'' and inserting ``methodology 
            policy'';
                (ii) in clause (i), by striking ``and'' at the end;
                (iii) in clause (ii)--

                    (I) by striking ``allocate'' and inserting 
                ``assign''; and
                    (II) by striking the period and inserting ``; 
                and''; and

                (iv) by adding at the end the following:
                ``(iii) promote increased efficiency in Amtrak's 
            operating and capital activities.''; and
            (E) by adding at the end the following:
            ``(D) Independent evaluation.--Not later than March 31 of 
        each year, the Committee shall ensure that an independent 
        entity selected by the Committee has completed an evaluation to 
        determine whether State payments for the most recently 
        concluded fiscal year are accurate and comply with the 
        applicable cost allocation methodology.''.
    (b) Invoices and Reports.--Section 24712(b) of title 49, United 
States Code, is amended to read as follows:
    ``(b) Invoices and Reports.--
        ``(1) Invoices.--Amtrak shall provide monthly invoices to the 
    Committee and to each State that sponsors a State-supported route 
    that identify the operating costs for such route, including fixed 
    costs and third-party costs.
        ``(2) Reports.--
            ``(A) In general.--The Committee shall determine the 
        frequency and contents of--
                ``(i) the financial and performance reports that Amtrak 
            is required to provide to the Committee and the States; and
                ``(ii) the planning and demand reports that the States 
            are required to provide to the Committee and Amtrak.
            ``(B) Monthly statistical report.--
                ``(i) Development.--Consistent with the revisions to 
            the policy required under subsection (a)(7)(B), the 
            Committee shall develop a report that contains the general 
            ledger data and operating statistics from Amtrak's 
            accounting systems used to calculate payments to States.
                ``(ii) Provision of necessary data.--Not later than 30 
            days after the last day of each month, Amtrak shall provide 
            to the States and to the Committee the necessary data to 
            complete the report developed pursuant to clause (i) for 
            such month.''.
    (c) Dispute Resolution.--Section 24712(c) of title 49, United 
States Code, is amended--
        (1) in paragraph (1)--
            (A) by striking ``(a)(4)'' and inserting ``(a)(5)''; and
            (B) by striking ``(a)(6)'' and inserting ``(a)(7)''; and
        (2) in paragraph (4), by inserting ``related to a State-
    supported route that a State sponsors that is'' after ``amount''.
    (d) Performance Metrics.--Section 24712(e) of title 49, United 
States Code, is amended by inserting ``, including incentives to 
increase revenue, reduce costs, finalize contracts by the beginning of 
the fiscal year, and require States to promptly make payments for 
services delivered'' before the period at the end.
    (e) Statement of Goals and Objectives.--Section 24712(f) of title 
49, United States Code, is amended--
        (1) in paragraph (1), by inserting ``, and review and update, 
    as necessary,'' after ``shall develop'';
        (2) in paragraph (2), by striking ``Not later than 2 years 
    after the date of enactment of the Passenger Rail Reform and 
    Investment Act of 2015, the Committee shall transmit the 
    statement'' and inserting ``As applicable, based on updates, the 
    Committee shall submit an updated statement''; and
        (3) by adding at the end the following:
        ``(3) Sense of congress.--It is the sense of Congress that--
            ``(A) the Committee shall be the forum where Amtrak and the 
        States collaborate on the planning, improvement, and 
        development of corridor routes across the National Network; and
            ``(B) such collaboration should include regular 
        consultation with interstate rail compact parties and other 
        regional planning organizations that address passenger rail.''.
    (f) Other Reforms Related to State-supported Routes.--Section 24712 
of title 49, United States Code, as amended by subsections (a) through 
(e), is further amended--
        (1) by redesignating subsections (g) and (h) as subsections (k) 
    and (l), respectively; and
        (2) by inserting after subsection (f) the following:
    ``(g) New State-supported Routes.--
        ``(1) Consultation.--In developing a new State-supported route, 
    Amtrak shall consult with--
            ``(A) the State or States and local municipalities through 
        which such new service would operate;
            ``(B) commuter authorities and regional transportation 
        authorities in the areas that would be served by the planned 
        route;
            ``(C) host railroads;
            ``(D) the Administrator of the Federal Railroad 
        Administration; and
            ``(E) other stakeholders, as appropriate.
        ``(2) State commitments.--Notwithstanding any other provision 
    of law, before beginning construction necessary for, or beginning 
    operation of, a State-supported route that is initiated on or after 
    the date of enactment of the Passenger Rail Expansion and Rail 
    Safety Act of 2021, Amtrak shall enter into a memorandum of 
    understanding, or otherwise secure an agreement, with each State 
    that would be providing funding for such route for sharing--
            ``(A) ongoing operating costs and capital costs in 
        accordance with the cost methodology policy referred to in 
        subsection (a)(7) then in effect; or
            ``(B) ongoing operating costs and capital costs in 
        accordance with the maximum funding limitations described in 
        section 22908(e).
        ``(3) Application of terms.--In this subsection, the terms 
    `capital costs' and `operating costs' shall apply in the same 
    manner as such terms apply under the cost methodology policy 
    developed pursuant to subsection (a)(7).
    ``(h) Cost Methodology Policy Update Implementation Report.--Not 
later than 18 months after the updated cost methodology policy required 
under subsection (a)(7)(B) is implemented, the Committee shall submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives that assesses the implementation of the 
updated policy.
    ``(i) Identification of State-supported Route Changes.--Amtrak 
shall--
        ``(1) not later than 120 days before the submission of the 
    general and legislative annual report required under section 
    24315(b), consult with the Committee and any additional States 
    through which a State-supported route may operate regarding any 
    proposed changes to such route; and
        ``(2) include in such report an update of any planned or 
    proposed changes to State-supported routes, including the 
    introduction of new State-supported routes, including--
            ``(A) the timeframe in which such changes would take 
        effect; and
            ``(B) whether Amtrak has entered into commitments with the 
        affected States pursuant subsection (g)(2).
    ``(j) Economic Analysis.--Not later than 3 years after the date of 
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, 
the Committee shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
that--
        ``(1) describes the role of the State-supported routes in 
    economic development; and
        ``(2) examines the impacts of the State-supported routes on 
    local station areas, job creation, transportation efficiency, State 
    economies, and the national economy.''.
SEC. 22212. ENHANCING CROSS BORDER SERVICE.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, Amtrak, after consultation with the Secretary, the 
Secretary of Homeland Security, relevant State departments of 
transportation, Canadian governmental agencies and entities, and owners 
of the relevant rail infrastructure and facilities, shall submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives regarding enhancing Amtrak passenger rail 
service between the United States and Canada that--
        (1) identifies challenges to Amtrak operations in Canada, 
    including delays associated with custom and immigration inspections 
    in both the United States and Canada; and
        (2) includes recommendations to improve such cross border 
    service, including the feasibility of and costs associated with a 
    preclearance facility or facilities.
    (b) Assistance and Support.--The Secretary, the Secretary of State, 
and the Secretary of Homeland Security may provide assistance and 
support requested by Amtrak that is necessary to carry out this 
section, as determined appropriate by the respective Secretary.
SEC. 22213. CREATING QUALITY JOBS.
    Section 121 of the Amtrak Reform and Accountability Act of 1997 (49 
U.S.C. 24312 note) is amended--
        (1) by redesignating subsection (d) as subsection (f); and
        (2) by inserting after subsection (c) the following:
    ``(d) Furloughed Work.--Amtrak may not contract out work within the 
classification of work performed by an employee in a bargaining unit 
covered by a collective bargaining agreement entered into between 
Amtrak and an organization representing Amtrak employees during the 
period such employee has been laid off and has not been recalled to 
perform such work.
    ``(e) Agreement Prohibitions on Contracting Out.--This section does 
not--
        ``(1) supersede a prohibition or limitation on contracting out 
    work covered by an agreement entered into between Amtrak and an 
    organization representing Amtrak employees; or
        ``(2) prohibit Amtrak and an organization representing Amtrak 
    employees from entering into an agreement that allows for 
    contracting out the work of a furloughed employee that would 
    otherwise be prohibited under subsection (d).''.
SEC. 22214. AMTRAK DAILY LONG-DISTANCE SERVICE STUDY.
    (a) In General.--The Secretary shall conduct a study to evaluate 
the restoration of daily intercity rail passenger service along--
        (1) any Amtrak long-distance routes that, as of the date of 
    enactment of this Act, were discontinued; and
        (2) any Amtrak long-distance routes that, as of the date of 
    enactment of this Act, occur on a nondaily basis.
    (b) Inclusions.--The study under subsection (a) shall--
        (1) evaluate all options for restoring or enhancing to daily-
    basis intercity rail passenger service along each Amtrak route 
    described in that subsection;
        (2) select a preferred option for restoring or enhancing the 
    service described in paragraph (1);
        (3) develop a prioritized inventory of capital projects and 
    other actions that are required to restore or enhance the service 
    described in paragraph (1), including cost estimates for those 
    projects and actions;
        (4) develop recommendations for methods by which Amtrak could 
    work with local communities and organizations to develop activities 
    and programs to continuously improve public use of intercity 
    passenger rail service along each route; and
        (5) identify Federal and non-Federal funding sources required 
    to restore or enhance the service described in paragraph (1), 
    including--
            (A) increased Federal funding for Amtrak based on 
        applicable reductions or discontinuations in service; and
            (B) options for entering into public-private partnerships 
        to restore that service.
    (c) Other Factors When Considering Expansions.--In evaluating 
intercity passenger rail routes under this section, the Secretary may 
evaluate potential new Amtrak long-distance routes, including with 
specific attention provided to routes in service as of April 1971 but 
not continued by Amtrak, taking into consideration whether those new 
routes would--
        (1) link and serve large and small communities as part of a 
    regional rail network;
        (2) advance the economic and social well-being of rural areas 
    of the United States;
        (3) provide enhanced connectivity for the national long-
    distance passenger rail system; and
        (4) reflect public engagement and local and regional support 
    for restored passenger rail service.
    (d) Consultation.--In conducting the study under this section, the 
Secretary shall consult, through working groups or other forums as the 
Secretary determines to be appropriate, with--
        (1) Amtrak;
        (2) each State along a relevant route;
        (3) regional transportation planning organizations and 
    metropolitan planning organizations, municipalities, and 
    communities along those relevant routes, to be selected by the 
    Secretary;
        (4) host railroad carriers the tracks of which may be used for 
    a service described in subsection (a);
        (5) organizations representing onboard Amtrak employees;
        (6) nonprofit organizations representing Amtrak passengers;
        (7) relevant regional passenger rail authorities and federally 
    recognized Indian Tribes; and
        (8) such other entities as the Secretary may select.
    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that includes--
        (1) the preferred options selected under subsection (b)(2), 
    including the reasons for selecting each option;
        (2) the information described in subsection (b)(3);
        (3) the funding sources identified pursuant to subsection 
    (b)(5);
        (4) the estimated costs and public benefits of restoring or 
    enhancing intercity rail passenger transportation in the region 
    impacted for each relevant Amtrak route; and
        (5) any other information the Secretary determines to be 
    appropriate.
    (f) Funding.--There are authorized to be appropriated to the 
Secretary to conduct the study under this section and to carry out the 
consultations required by subsection (d)--
        (1) $7,500,000 for fiscal year 2022; and
        (2) $7,500,000 for fiscal year 2023.

              Subtitle C--Intercity Passenger Rail Policy

SEC. 22301. NORTHEAST CORRIDOR PLANNING.
    Section 24904 of title 49, United States Code, is amended--
        (1) by striking subsections (a) and (d);
        (2) by redesignating subsections (b) and (c) as subsections (c) 
    and (d), respectively;
        (3) by inserting before subsection (c), as redesignated, the 
    following:
    ``(a) Northeast Corridor Service Development Plan.--
        ``(1) In general.--Not later than March 31, 2022, the Northeast 
    Corridor Commission established under section 24905 (referred to in 
    this section as the `Commission') shall submit a service 
    development plan to Congress.
        ``(2) Contents.--The plan required under paragraph (1) shall--
            ``(A) identify key state-of-good-repair, capacity 
        expansion, and capital improvement projects planned for the 
        Northeast Corridor;
            ``(B) provide a coordinated and consensus-based plan 
        covering a 15-year period;
            ``(C) identify service objectives and the capital 
        investments required to meet such objectives;
            ``(D) provide a delivery-constrained strategy that 
        identifies--
                ``(i) capital investment phasing;
                ``(ii) an evaluation of workforce needs; and
                ``(iii) strategies for managing resources and 
            mitigating construction impacts on operations; and
            ``(E) include a financial strategy that identifies funding 
        needs and potential funding sources.
        ``(3) Updates.--The Commission shall update the service 
    development plan not less frequently than once every 5 years.
    ``(b) Northeast Corridor Capital Investment Plan.--
        ``(1) In general.--Not later than November 1 of each year, the 
    Commission shall--
            ``(A) develop an annual capital investment plan for the 
        Northeast Corridor; and
            ``(B) submit the capital investment plan to--
                ``(i) the Secretary of Transportation;
                ``(ii) the Committee on Commerce, Science, and 
            Transportation of the Senate; and
                ``(iii) the Committee on Transportation and 
            Infrastructure of the House of Representatives.
        ``(2) Contents.--The plan required under paragraph (1) shall--
            ``(A) reflect coordination across the entire Northeast 
        Corridor;
            ``(B) integrate the individual capital plans developed by 
        Amtrak, States, and commuter authorities in accordance with the 
        cost allocation policy developed and approved under section 
        24905(c);
            ``(C) cover a period of 5 fiscal years, beginning with the 
        fiscal year during which the plan is submitted;
            ``(D) notwithstanding section 24902(b), document the 
        projects and programs being undertaken to advance the service 
        objectives and capital investments identified in the Northeast 
        Corridor service development plan developed under subsection 
        (a), and the asset condition needs identified in the Northeast 
        Corridor asset management plans, after considering--
                ``(i) the benefits and costs of capital investments in 
            the plan;
                ``(ii) project and program readiness;
                ``(iii) the operational impacts; and
                ``(iv) Federal and non-Federal funding availability;
            ``(E) categorize capital projects and programs as primarily 
        associated with 1 of the categories listed under section 
        24319(c)(2)(C);
            ``(F) identify capital projects and programs that are 
        associated with more than 1 category described in subparagraph 
        (E); and
            ``(G) include a financial plan that identifies--
                ``(i) funding sources and financing methods;
                ``(ii) the status of cost sharing agreements pursuant 
            to the cost allocation policy developed under section 
            24905(c);
                ``(iii) the projects and programs that the Commission 
            expects will receive Federal financial assistance; and
                ``(iv) the eligible entity or entities that the 
            Commission expects--

                    ``(I) to receive the Federal financial assistance 
                referred to in clause (iii); and
                    ``(II) to implement each capital project.

        ``(3) Review and coordination.--The Commission shall require 
    that the information described in paragraph (2) be submitted in a 
    timely manner to allow for a reasonable period of review by, and 
    coordination with, affected agencies before the Commission submits 
    the capital investment plan pursuant to paragraph (1).'';
        (4) in subsection (c), as redesignated, by striking ``spent 
    only on--'' and all that follows and inserting ``spent only on 
    capital projects and programs contained in the Commission's capital 
    investment plan for the prior fiscal year.''; and
        (5) by amending subsection (d), as redesignated, to read as 
    follows:
    ``(d) Northeast Corridor Capital Asset Management System.--
        ``(1) In general.--Amtrak and other infrastructure owners that 
    provide or support intercity rail passenger transportation along 
    the Northeast Corridor shall develop an asset management system and 
    use and update such system, as necessary, to develop submissions to 
    the Northeast Corridor capital investment plan described in 
    subsection (b).
        ``(2) Features.--The system required under paragraph (1) shall 
    develop submissions that--
            ``(A) are consistent with the transit asset management 
        system (as defined in section 5326(a)(3)); and
            ``(B) include--
                ``(i) an inventory of all capital assets owned by the 
            developer of the plan;
                ``(ii) an assessment of condition of such capital 
            assets;
                ``(iii) a description of the resources and processes 
            that will be necessary to bring or to maintain such capital 
            assets in a state of good repair; and
                ``(iv) a description of changes in the condition of 
            such capital assets since the submission of the prior 
            version of the plan.''.
SEC. 22302. NORTHEAST CORRIDOR COMMISSION.
    Section 24905 of title 49, United States Code, is amended--
        (1) in subsection (a)(1)(D), by inserting ``authorities'' after 
    ``carriers'';
        (2) in subsection (b)(3)(B)--
            (A) in clause (i)--
                (i) by inserting ``, including ridership trends,'' 
            after ``transportation''; and
                (ii) by striking ``and'' at the end;
            (B) in clause (ii)--
                (i) by inserting ``first year of the'' after ``the 
            delivery of the''; and
                (ii) by striking the period at the end and inserting 
            ``; and''; and
            (C) by adding at the end the following:
                ``(iii) progress in assessing and eliminating the 
            state-of-good-repair backlog.'';
        (3) in subsection (c)--
            (A) in paragraph (1)--
                (i) in the paragraph heading, by striking ``Development 
            of policy'' and inserting ``Policy'';
                (ii) in subparagraph (A), by striking ``develop a 
            standardized policy'' and inserting ``develop and maintain 
            the standardized policy first approved on September 17, 
            2015, and update, as appropriate,'';
                (iii) by amending subparagraph (B) to read as follows:
            ``(B) develop timetables for implementing and maintaining 
        the policy;'';
                (iv) in subparagraph (C), by striking ``the policy and 
            the timetable'' and inserting ``updates to the policy and 
            timetables''; and
                (v) by amending subparagraph (D) to read as follows:
            ``(D) support the efforts of the members of the Commission 
        to implement the policy in accordance with the timetables 
        developed pursuant to subparagraph (B);'';
            (B) by amending paragraph (2) to read as follows:
        ``(2) Implementation.--
            ``(A) In general.--In accordance with the timetables 
        developed pursuant to paragraph (1)(B), Amtrak and commuter 
        authorities on the Northeast Corridor shall implement the 
        policy developed under paragraph (1) in their agreements for 
        usage of facilities or services.
            ``(B) Effect of failure to implement or comply with 
        policy.--If the entities referred to in subparagraph (A) fail 
        to implement the policy in accordance with paragraph (1)(D) or 
        fail to comply with the policy thereafter, the Surface 
        Transportation Board shall--
                ``(i) determine the appropriate compensation in 
            accordance with the procedures and procedural schedule 
            applicable to a proceeding under section 24903(c), after 
            taking into consideration the policy developed under 
            paragraph (1); and
                ``(ii) enforce its determination on the party or 
            parties involved.''; and
            (C) in paragraph (4), by striking ``public authorities 
        providing commuter rail passenger transportation'' and 
        inserting ``commuter authorities''; and
        (4) in subsection (d)--
            (A) by striking ``2016 through 2020'' and inserting ``2022 
        through 2026''; and
            (B) by striking ``section 11101(g) of the Passenger Rail 
        Reform and Investment Act of 2015'' and inserting ``section 
        22101(e) of the Passenger Rail Expansion and Rail Safety Act of 
        2021''.
SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.
    (a) In General.--Section 22907 of title 49, United States Code, is 
amended--
        (1) in subsection (b)--
            (A) in paragraph (1), by inserting ``(including the 
        District of Columbia)'' after ``State'';
            (B) in paragraph (6), by inserting ``rail carrier and 
        intercity rail passenger transportation are'' before 
        ``defined'';
            (C) by redesignating paragraphs (8) through (11) as 
        paragraphs (10) through (13), respectively; and
            (D) by inserting after paragraph (7) the following:
        ``(8) An association representing 1 or more railroads described 
    in paragraph (7).'';
        ``(9) A federally recognized Indian Tribe.'';
        (2) in subsection (c)--
            (A) in paragraph (3), by adding ``or safety'' after 
        ``congestion'';
            (B) in paragraph (6), by striking ``and'' and inserting 
        ``or'';
            (C) by redesignating paragraphs (11) and (12) as paragraphs 
        (12) and (13), respectively;
            (D) by inserting after paragraph (10) the following:
        ``(11) The development and implementation of measures to 
    prevent trespassing and reduce associated injuries and 
    fatalities.''; and
            (E) by inserting after paragraph (13), as redesignated, the 
        following:
        ``(14) Research, development, and testing to advance and 
    facilitate innovative rail projects, including projects using 
    electromagnetic guideways in an enclosure in a very low-pressure 
    environment.
        ``(15) The preparation of emergency plans for communities 
    through which hazardous materials are transported by rail.
        ``(16) Rehabilitating, remanufacturing, procuring, or 
    overhauling locomotives, provided that such activities result in a 
    significant reduction of emissions.''; and
        (3) in subsection (h), by adding at the end the following:
        ``(4) Grade crossing and trespassing projects.--Applicants may 
    use costs incurred previously for preliminary engineering 
    associated with highway-rail grade crossing improvement projects 
    under subsection (c)(5) and trespassing prevention projects under 
    subsection (c)(11) to satisfy the non-Federal share 
    requirements.''.
    (b) Rule of Construction.--The amendments made by subsection (a) 
may not be construed to affect any grant, including any application for 
a grant, made under section 22907 of title 49, United States Code, 
before the date of enactment of this Act.
    (c) Technical Correction.--
        (1) In general.--Section 22907(l)(1)(A) of title 49, United 
    States Code, is amended by inserting ``, including highway 
    construction over rail facilities as an alternative to construction 
    or improvement of a highway-rail grade crossing,'' after ``under 
    chapter 227''.
        (2) Applicability.--The amendment made by paragraph (1) shall 
    apply to amounts remaining under section 22907(l) of title 49, 
    United States Code, from appropriations for prior fiscal years.
SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS.
    Section 22908 of title 49, United States Code, is amended--
        (1) by amending subsection (a) to read as follows:
    ``(a) Definitions.--In this section:
        ``(1) Applicant.--Notwithstanding section 22901(1), the term 
    `applicant' means--
            ``(A) a State, including the District of Columbia;
            ``(B) a group of States;
            ``(C) an entity implementing an interstate compact;
            ``(D) a public agency or publicly chartered authority 
        established by 1 or more States;
            ``(E) a political subdivision of a State;
            ``(F) a federally recognized Indian Tribe;
            ``(G) Amtrak or another rail carrier that provides 
        intercity rail passenger transportation;
            ``(H) any rail carrier in partnership with at least 1 of 
        the entities described in subparagraphs (A) through (F); and
            ``(I) any combination of the entities described in 
        subparagraphs (A) through (F).
        ``(2) Operating assistance.--The term `operating assistance', 
    with respect to any route subject to section 209 of the Passenger 
    Rail Investment and Improvement Act of 2008 (Public Law 110-432), 
    means any cost allocated, or that may be allocated, to a route 
    pursuant to the cost methodology established under such section or 
    under section 24712.'';
        (2) in subsection (c)(3), by striking ``3 years'' each place 
    such term appears and inserting ``6 years'';
        (3) in subsection (d)--
            (A) in paragraph (8), by striking ``and'';
            (B) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(10) for routes selected under the Corridor Identification 
    and Development Program and operated by Amtrak.''; and
        (4) in subsection (e)--
            (A) in paragraph (1)--
                (i) by striking ``assistance''; and
                (ii) by striking ``3 years'' and inserting ``6 years 
            (including for any such routes selected for funding before 
            the date of enactment of the Passenger Rail Expansion and 
            Rail Safety Act of 2021)''; and
            (B) in paragraph (3), by striking subparagraphs (A), (B), 
        and (C) and inserting the following:
            ``(A) 90 percent of the projected net operating costs for 
        the first year of service;
            ``(B) 80 percent of the projected net operating costs for 
        the second year of service;
            ``(C) 70 percent of the projected net operating costs for 
        the third year of service;
            ``(D) 60 percent of the projected net operating costs for 
        the fourth year of service;
            ``(E) 50 percent of the projected net operating costs for 
        the fifth year of service; and
            ``(F) 30 percent of the projected net operating costs for 
        the sixth year of service.''.
SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM.
    (a) In General.--Chapter 229 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 22909. Railroad Crossing Elimination Program
    ``(a) In General.--The Secretary of Transportation, in cooperation 
with the Administrator of the Federal Railroad Administration, shall 
establish a competitive grant program (referred to in this section as 
the `Program') under which the Secretary shall award grants to eligible 
recipients described in subsection (c) for highway-rail or pathway-rail 
grade crossing improvement projects that focus on improving the safety 
and mobility of people and goods.
    ``(b) Goals.--The goals of the Program are--
        ``(1) to eliminate highway-rail grade crossings that are 
    frequently blocked by trains;
        ``(2) to improve the health and safety of communities;
        ``(3) to reduce the impacts that freight movement and railroad 
    operations may have on underserved communities; and
        ``(4) to improve the mobility of people and goods.
    ``(c) Eligible Recipients.--The following entities are eligible to 
receive a grant under this section:
        ``(1) A State, including the District of Columbia, Puerto Rico, 
    and other United States territories and possessions.
        ``(2) A political subdivision of a State.
        ``(3) A federally recognized Indian Tribe.
        ``(4) A unit of local government or a group of local 
    governments.
        ``(5) A public port authority.
        ``(6) A metropolitan planning organization.
        ``(7) A group of entities described in any of paragraphs (1) 
    through (6).
    ``(d) Eligible Projects.--The Secretary may award a grant under the 
Program for a highway-rail or pathway-rail grade crossing improvement 
project (including acquiring real property interests) involving--
        ``(1) grade separation or closure, including through the use of 
    a bridge, embankment, tunnel, or combination thereof;
        ``(2) track relocation;
        ``(3) the improvement or installation of protective devices, 
    signals, signs, or other measures to improve safety, provided that 
    such activities are related to a separation or relocation project 
    described in paragraph (1) or (2);
        ``(4) other means to improve the safety and mobility of people 
    and goods at highway-rail grade crossings (including technological 
    solutions);
        ``(5) a group of related projects described in paragraphs (1) 
    through (4) that would collectively improve the mobility of people 
    and goods; or
        ``(6) the planning, environmental review, and design of an 
    eligible project described in paragraphs (1) through (5).
    ``(e) Application Process.--
        ``(1) In general.--An eligible entity seeking a grant under the 
    Program shall submit an application to the Secretary at such time, 
    in such manner, and containing such information as the Secretary 
    may require.
        ``(2) Railroad approvals.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the Secretary shall require applicants to obtain the necessary 
        approvals from any impacted rail carriers or real property 
        owners before proceeding with the construction of a project 
        funded by a grant under the Program.
            ``(B) Exception.--The requirement under subparagraph (A) 
        shall not apply to planning projects described in subsection 
        (d)(6) if the applicant agrees to work collaboratively with 
        rail carriers and right-of-way owners.
    ``(f) Project Selection Criteria.--
        ``(1) In general.--In awarding grants under the Program, the 
    Secretary shall evaluate the extent to which proposed projects 
    would--
            ``(A) improve safety at highway-rail or pathway-rail grade 
        crossings;
            ``(B) grade separate, eliminate, or close highway-rail or 
        pathway-rail grade crossings;
            ``(C) improve the mobility of people and goods;
            ``(D) reduce emissions, protect the environment, and 
        provide community benefits, including noise reduction;
            ``(E) improve access to emergency services;
            ``(F) provide economic benefits; and
            ``(G) improve access to communities separated by rail 
        crossings.
        ``(2) Additional considerations.--In awarding grants under the 
    Program, the Secretary shall consider--
            ``(A) the degree to which the proposed project will use--
                ``(i) innovative technologies;
                ``(ii) innovative design and construction techniques; 
            or
                ``(iii) construction materials that reduce greenhouse 
            gas emissions;
            ``(B) the applicant's planned use of contracting incentives 
        to employ local labor, to the extent permissible under Federal 
        law;
            ``(C) whether the proposed project will improve the 
        mobility of--
                ``(i) multiple modes of transportation, including 
            ingress and egress from freight facilities; or
                ``(ii) users of nonvehicular modes of transportation, 
            such as pedestrians, bicyclists, and public transportation;
            ``(D) whether the proposed project is identified in--
                ``(i) the freight investment plan component of a State 
            freight plan, as required under section 70202(b)(9);
                ``(ii) a State rail plan prepared in accordance with 
            chapter 227; or
                ``(iii) a State highway-rail grade crossing action 
            plan, as required under section 11401(b) of the Passenger 
            Rail Reform and Investment Act of 2015 (title XI of Public 
            Law 114-94); and
            ``(E) the level of financial support provided by impacted 
        rail carriers.
        ``(3) Award distribution.--In selecting grants for Program 
    funds in any fiscal year, the Secretary shall comply with the 
    following limitations:
            ``(A) Grant funds.--Not less than 20 percent of the grant 
        funds available for the Program in any fiscal year shall be 
        reserved for projects located in rural areas or on Tribal 
        lands. The requirement under section 22907(l), which applies to 
        this section, shall not apply to grant funds reserved 
        specifically under this subparagraph. Not less than 5 percent 
        of the grant funds reserved under this subparagraph shall be 
        reserved for projects in counties with 20 or fewer residents 
        per square mile, according to the most recent decennial census, 
        provided that sufficient eligible applications have been 
        submitted.
            ``(B) Planning grants.--Not less than 25 percent of the 
        grant funds set aside for planning projects in any fiscal year 
        pursuant to section 22104(b) of the Passenger Rail Expansion 
        and Rail Safety Act of 2021 shall be awarded for projects 
        located in rural areas or on tribal lands.
            ``(C) State limitation.--Not more than 20 percent of the 
        grant funds available for the Program in any fiscal year may be 
        selected for projects in any single State.
            ``(D) Minimum size.--No grant awarded under this section 
        shall be for less than $1,000,000, except for a planning grant 
        described in subsection (d)(6).
    ``(g) Cost Share.--Except as provided in paragraph (2), the Federal 
share of the cost of a project carried out using a grant under the 
Program may not exceed 80 percent of the total cost of the project. 
Applicants may count costs incurred for preliminary engineering 
associated with highway-rail and pathway-rail grade crossing 
improvement projects as part of the total project costs.
    ``(h) Congressional Notification.--Not later than 3 days before 
awarding a grant for a project under the Program, the Secretary shall 
submit written notification of the proposed grant to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives, 
which shall include--
        ``(1) a summary of the project; and
        ``(2) the amount of the proposed grant award.
    ``(i) Annual Report.--Not later than 60 days after each round of 
award notifications, the Secretary shall post, on the public website of 
the Department of Transportation--
        ``(1) a list of all eligible applicants that submitted an 
    application for funding under the Program during the current fiscal 
    year;
        ``(2) a list of the grant recipients and projects that received 
    grant funding under the Program during such fiscal year; and
        ``(3) a list of the proposed projects and applicants that were 
    determined to be ineligible.
    ``(j) Commuter Rail Eligibility and Grant Conditions.--
        ``(1) In general.--Section 22905(f) shall not apply to grants 
    awarded under this section for commuter rail passenger 
    transportation projects.
        ``(2) Administration of funds.--The Secretary of Transportation 
    shall transfer amounts awarded under this section for commuter rail 
    passenger transportation projects to the Federal Transit 
    Administration, which shall administer such funds in accordance 
    with chapter 53.
        ``(3) Protective arrangements.--
            ``(A) In general.--Notwithstanding paragraph (2) and 
        section 22905(e)(1), as a condition of receiving a grant under 
        this section, any employee covered by the Railway Labor Act (45 
        U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45 
        U.S.C. 231 et seq.) who is adversely affected by actions taken 
        in connection with the project financed in whole or in part by 
        such grant shall be covered by employee protective arrangements 
        required to be established under section 22905(c)(2)(B).
            ``(B) Implementation.--A grant recipient under this 
        section, and the successors, assigns, and contractors of such 
        grant recipient--
                ``(i) shall be bound by the employee protective 
            arrangements required under subparagraph (A); and
                ``(ii) shall be responsible for the implementation of 
            such arrangements and for the obligations under such 
            arrangements, but may arrange for another entity to take 
            initial responsibility for compliance with the conditions 
            of such arrangement.
    ``(k) Defined Term.--In this section, the term `rural area' means 
any area that is not within an area designated as an urbanized area by 
the Bureau of the Census.''.
    (b) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, is amended by adding at the end the following:
``22909. Railroad Crossing Elimination Program.''.
SEC. 22306. INTERSTATE RAIL COMPACTS.
    (a) In General.--Chapter 229 of title 49, United States Code (as 
amended by section 22305(a)), is further amended by adding at the end 
the following:
``Sec. 22910. Interstate Rail Compacts Grant Program
    ``(a) Grants Authorized.--The Secretary of Transportation shall 
establish a competitive grant program to provide financial assistance 
to entities implementing interstate rail compacts pursuant to section 
410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 
24101 note) for--
        ``(1) costs of administration;
        ``(2) systems planning, including studying the impacts on 
    freight rail operations and ridership;
        ``(3) promotion of intercity passenger rail operation;
        ``(4) preparation of applications for competitive Federal grant 
    programs; and
        ``(5) operations coordination.
    ``(b) Maximum Amount.--The Secretary may not award a grant under 
this section in an amount exceeding $1,000,000 per year.
    ``(c) Selection Criteria.--In selecting a recipient of a grant for 
an eligible project under this section, the Secretary shall consider--
        ``(1) the amount of funding received (including funding from a 
    rail carrier (as defined in section 24102)) or other participation 
    by State, local, and regional governments and the private sector;
        ``(2) the applicant's work to foster economic development 
    through rail service, particularly in rural communities;
        ``(3) whether the applicant seeks to restore service over 
    routes formerly operated by Amtrak, including routes described in 
    section 11304(a) of the Passenger Rail Reform and Investment Act of 
    2015 (title XI of division A of Public Law 114-94);
        ``(4) the applicant's dedication to providing intercity 
    passenger rail service to regions and communities that are 
    underserved or not served by other intercity public transportation;
        ``(5) whether the applicant is enhancing connectivity and 
    geographic coverage of the existing national network of intercity 
    passenger rail service;
        ``(6) whether the applicant has prepared regional rail or 
    corridor service development plans and corresponding environmental 
    analysis; and
        ``(7) whether the applicant has engaged with appropriate 
    government entities and transportation providers to identify 
    projects necessary to enhance multimodal connections or facilitate 
    service integration between rail service and other modes, including 
    between intercity passenger rail service and intercity bus service 
    or commercial air service.
    ``(d) Numerical Limitation.--The Secretary may not award grants 
under this section for more than 10 interstate rail compacts in any 
fiscal year.
    ``(e) Operator Limitation.--The Secretary may only award grants 
under this section to applicants with eligible expenses related to 
intercity passenger rail service to be operated by Amtrak.
    ``(f) Non-Federal Match.--The Secretary shall require each 
recipient of a grant under this section to provide a non-Federal match 
of not less than 50 percent of the eligible expenses of carrying out 
the interstate rail compact under this section.
    ``(g) Report.--Not later than 3 years after the date of enactment 
of the Passenger Rail Expansion and Rail Safety Act of 2021, the 
Secretary, after consultation with grant recipients under this section, 
shall submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives that describes--
        ``(1) the implementation of this section;
        ``(2) the status of the planning efforts and coordination 
    funded by grants awarded under this section;
        ``(3) the plans of grant recipients for continued 
    implementation of the interstate rail compacts;
        ``(4) the status of, and data regarding, any new, restored, or 
    enhanced rail services initiated under the interstate rail 
    compacts; and
        ``(5) any legislative recommendations.''.
    (b) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code (as amended by section 22305(b)), is amended by 
adding at the end the following:
``22910. Interstate Rail Compacts Grant Program.''.

    (c) Identification.--Section 410 of the Amtrak Reform and 
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note) 
is amended--
        (1) in subsection (b)(2), by striking ``(except funds made 
    available for Amtrak)''; and
        (2) by adding at the end the following:
    ``(c) Notification Requirement.--Any State that enters into an 
interstate compact pursuant to subsection (a) shall notify the 
Secretary of Transportation of such compact not later than 60 days 
after it is formed. The failure of any State to notify the Secretary 
under this subsection shall not affect the status of the interstate 
compact.
    ``(d) Interstate Rail Compacts Program.--The Secretary of 
Transportation shall--
        ``(1) make available on a publicly accessible website a list of 
    interstate rail compacts established under subsection (a) before 
    the date of enactment of the Passenger Rail Expansion and Rail 
    Safety Act of 2021 and interstate rail compacts established after 
    such date; and
        ``(2) make information regarding interstate rail compacts 
    available to the public, including how States may establish 
    interstate rail compacts under subsection (a), and update such 
    information, as necessary.''.
SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL 
GRANTS.
    (a) In General.--Section 24911 of title 49, United States Code, is 
amended--
        (1) in the section heading, by striking ``for state of good 
    repair'' and inserting ``for intercity passenger rail'';
        (2) in subsection (a)--
            (A) in paragraph (1)--
                (i) in subparagraph (F), by striking ``or'' at the end;
                (ii) by redesignating subsection (G) as subsection (H);
                (iii) by inserting after subparagraph (F), the 
            following:
            ``(G) a federally recognized Indian Tribe; or''; and
                (iv) in subsection (H), as redesignated, by striking 
            ``(F)'' and inserting ``(G)'';
            (B) by striking paragraphs (2) and (5); and
            (C) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively;
        (3) in subsection (b), by striking ``with respect to qualified 
    railroad assets'' and inserting ``, improve performance, or expand 
    or establish new intercity passenger rail service, including 
    privately operated intercity passenger rail service if an eligible 
    applicant is involved;'';
        (4) by striking subsections (c) through (e) and inserting the 
    following:
    ``(c) Eligible Projects.--The following capital projects, including 
acquisition of real property interests, are eligible to receive grants 
under this section:
        ``(1) A project to replace, rehabilitate, or repair 
    infrastructure, equipment, or a facility used for providing 
    intercity passenger rail service to bring such assets into a state 
    of good repair.
        ``(2) A project to improve intercity passenger rail service 
    performance, including reduced trip times, increased train 
    frequencies, higher operating speeds, improved reliability, 
    expanded capacity, reduced congestion, electrification, and other 
    improvements, as determined by the Secretary.
        ``(3) A project to expand or establish new intercity passenger 
    rail service.
        ``(4) A group of related projects described in paragraphs (1) 
    through (3).
        ``(5) The planning, environmental studies, and final design for 
    a project or group of projects described in paragraphs (1) through 
    (4).
    ``(d) Project Selection Criteria.--In selecting a project for 
funding under this section--
        ``(1) for projects located on the Northeast Corridor, the 
    Secretary shall--
            ``(A) make selections consistent with the Northeast 
        Corridor Project Inventory published pursuant to subsection 
        (e)(1), unless when necessary to address materially changed 
        infrastructure or service conditions, changes in project 
        sponsor capabilities or commitments, or other significant 
        changes since the completion of the most recently issued 
        Northeast Corridor Project Inventory; and
            ``(B) for projects that benefit intercity and commuter rail 
        services, only make such selections when Amtrak and the public 
        authorities providing commuter rail passenger transportation at 
        the eligible project location--
                ``(i) are in compliance with section 24905(c)(2); and
                ``(ii) identify funding for the intercity passenger 
            rail share, the commuter rail share, and the local share of 
            the eligible project before the commencement of the 
            project;
        ``(2) for projects not located on the Northeast Corridor, the 
    Secretary shall--
            ``(A) give preference to eligible projects--
                ``(i) for which Amtrak is not the sole applicant;
                ``(ii) that improve the financial performance, 
            reliability, service frequency, or address the state of 
            good repair of an Amtrak route; and
                ``(iii) that are identified in, and consistent with, a 
            corridor inventory prepared under the Corridor 
            Identification and Development Program pursuant to section 
            25101; and
            ``(B) take into account--
                ``(i) the cost-benefit analysis of the proposed 
            project, including anticipated private and public benefits 
            relative to the costs of the proposed project, including--

                    ``(I) effects on system and service performance, 
                including as measured by applicable metrics set forth 
                in part 273 of title 49, Code of Federal Regulations 
                (or successor regulations);
                    ``(II) effects on safety, competitiveness, 
                reliability, trip or transit time, greenhouse gas 
                emissions, and resilience;
                    ``(III) anticipated positive economic and 
                employment impacts, including development in areas near 
                passenger stations, historic districts, or other 
                opportunity zones;
                    ``(IV) efficiencies from improved connections with 
                other modes; and
                    ``(V) ability to meet existing or anticipated 
                demand;

                ``(ii) the degree to which the proposed project's 
            business plan considers potential private sector 
            participation in the financing, construction, or operation 
            of the proposed project;
                ``(iii) the applicant's past performance in developing 
            and delivering similar projects, and previous financial 
            contributions;
                ``(iv) whether the applicant has, or will have--

                    ``(I) the legal, financial, and technical capacity 
                to carry out the project;
                    ``(II) satisfactory continuing access to the 
                equipment or facilities; and
                    ``(III) the capability and willingness to maintain 
                the equipment or facilities;

                ``(v) if applicable, the consistency of the project 
            with planning guidance and documents set forth by the 
            Secretary or otherwise required by law;
                ``(vi) whether the proposed project serves historically 
            unconnected or underconnected communities; and
                ``(vii) any other relevant factors, as determined by 
            the Secretary; and
        ``(3) the Secretary shall reserve--
            ``(A) not less than 45 percent of the amounts appropriated 
        for grants under this section for projects not located along 
        the Northeast Corridor, of which not less than 20 percent shall 
        be for projects that benefit (in whole or in part) a long-
        distance route; and
            ``(B) not less than 45 percent of the amounts appropriated 
        for grants under this section for projects listed on the 
        Northeast Corridor project inventory published pursuant to 
        subsection (e)(1).
    ``(e) Long-term Planning.--Not later than 1 year after the date of 
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, 
and every 2 years thereafter, the Secretary shall create a predictable 
project pipeline that will assist Amtrak, States, and the public with 
long-term capital planning by publishing a Northeast Corridor project 
inventory that--
        ``(1) identifies capital projects for Federal investment, 
    project applicants, and proposed Federal funding levels under this 
    section;
        ``(2) specifies the order in which the Secretary will provide 
    grant funding to projects that have identified sponsors and are 
    located along the Northeast Corridor, including a method and plan 
    for apportioning funds to project sponsors for the 2-year period, 
    which may be altered by the Secretary, as necessary, if recipients 
    are not carrying out projects in accordance with the anticipated 
    schedule;
        ``(3) takes into consideration the appropriate sequence and 
    phasing of projects described in the Northeast Corridor capital 
    investment plan developed pursuant to section 24904(a);
        ``(4) is consistent with the most recent Northeast Corridor 
    service development plan update described in section 24904(d);
        ``(5) takes into consideration the existing commitments and 
    anticipated Federal, project applicant, sponsor, and other relevant 
    funding levels for the next 5 fiscal years based on information 
    currently available to the Secretary; and
        ``(6) is developed in consultation with the Northeast Corridor 
    Commission and the owners of Northeast Corridor infrastructure and 
    facilities.'';
        (5) in subsection (f)(2), by inserting ``, except as specified 
    under paragraph (4)'' after ``80 percent'';
        (6) in subsection (g)--
            (A) in the subsection heading, by inserting ``; Phased 
        Funding Agreements'' after ``Intent'';
            (B) in paragraph (1)--
                (i) in the paragraph heading, by striking ``In 
            general'' and inserting ``Letters of intent''; and
                (ii) by striking ``shall, to the maximum extent 
            practicable,'' and inserting ``may'';
            (C) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (D) by inserting after paragraph (1) the following:
        ``(2) Phased funding agreements.--
            ``(A) In general.--The Secretary may enter into a phased 
        funding agreement with an applicant if--
                ``(i) the project is highly rated, based on the 
            evaluations and ratings conducted pursuant to this section 
            and the applicable notice of funding opportunity; and
                ``(ii) the Federal assistance to be provided for the 
            project under this section is more than $80,000,000.
            ``(B) Terms.--A phased funding agreement shall--
                ``(i) establish the terms of participation by the 
            Federal Government in the project;
                ``(ii) establish the maximum amount of Federal 
            financial assistance for the project;
                ``(iii) include the period of time for completing the 
            project, even if such period extends beyond the period for 
            which Federal financial assistance is authorized;
                ``(iv) make timely and efficient management of the 
            project easier in accordance with Federal law; and
                ``(v) if applicable, specify when the process for 
            complying with the National Environmental Policy Act of 
            1969 (42 U.S.C. 4321 et seq.) and related environmental 
            laws will be completed for the project.
            ``(C) Special financial rules.--
                ``(i) In general.--A phased funding agreement under 
            this paragraph obligates an amount of available budget 
            authority specified in law and may include a commitment, 
            contingent on amounts to be specified in law in advance for 
            commitments under this paragraph, to obligate an additional 
            amount from future available budget authority specified in 
            law.
                ``(ii) Statement of contingent commitment.--The 
            agreement shall state that the contingent commitment is not 
            an obligation of the Government.
                ``(iii) Interest and other financing costs.--Interest 
            and other financing costs of efficiently carrying out a 
            part of the project within a reasonable time are a cost of 
            carrying out the project under a phased funding agreement, 
            except that eligible costs may not be more than the cost of 
            the most favorable financing terms reasonably available for 
            the project at the time of borrowing. The applicant shall 
            certify, to the satisfaction of the Secretary, that the 
            applicant has shown reasonable diligence in seeking the 
            most favorable financing terms.
                ``(iv) Failure to carry out project.--If an applicant 
            does not carry out the project for reasons within the 
            control of the applicant, the applicant shall repay all 
            Federal grant funds awarded for the project from all 
            Federal funding sources, for all project activities, 
            facilities, and equipment, plus reasonable interest and 
            penalty charges allowable by law or established by the 
            Secretary in the phased funding agreement. For purposes of 
            this clause, a process for complying with the National 
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
            that results in the selection of the no build alternative 
            is not within the applicant's control.
                ``(v) Crediting of funds received.--Any funds received 
            by the Government under this paragraph, except for interest 
            and penalty charges, shall be credited to the appropriation 
            account from which the funds were originally derived.'';
            (E) in paragraph (3), as redesignated--
                (i) in subparagraph (A), in the matter preceding clause 
            (i), by inserting ``a phased funding agreement under 
            paragraph (2) or'' after ``issuing''; and
                (ii) in subparagraph (B)(i), by inserting ``the phased 
            funding agreement or'' after ``a copy of''; and
            (F) in paragraph (4), as redesignated--
                (i) by striking ``An obligation'' and inserting the 
            following:
            ``(B) Appropriations required.--An obligation''; and
                (ii) by inserting before subparagraph (B), as added by 
            clause (i), the following:
            ``(A) In general.--The Secretary may enter into phased 
        funding agreements under this subsection that contain 
        contingent commitments to incur obligations in such amounts as 
        the Secretary determines are appropriate.'';
        (7) in subsection (i), by striking ``section 22905'' and 
    inserting ``sections 22903 and 22905''; and
        (8) by adding at the end the following:
    ``(j) Annual Report on Phased Funding Agreements and Letters of 
Intent.--Not later than the first Monday in February of each year, the 
Secretary shall submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on Appropriations of 
the Senate, the Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Appropriations of the 
House of Representatives that includes--
        ``(1) a proposal for the allocation of amounts to be available 
    to finance grants for projects under this section among applicants 
    for such amounts;
        ``(2) evaluations and ratings, as applicable, for each project 
    that has received a phased funding agreement or a letter of intent; 
    and
        ``(3) recommendations for each project that has received a 
    phased funding agreement or a letter of intent for funding based on 
    the evaluations and ratings, as applicable, and on existing 
    commitments and anticipated funding levels for the next 3 fiscal 
    years based on information currently available to the Secretary.
    ``(k) Regional Planning Guidance Corridor Planning.--The Secretary 
may withhold up to 5 percent of the total amount made available for 
this section to carry out planning and development activities related 
to section 25101, including--
        ``(1) providing funding to public entities for the development 
    of service development plans selected under the Corridor 
    Identification and Development Program;
        ``(2) facilitating and providing guidance for intercity 
    passenger rail systems planning; and
        ``(3) providing funding for the development and refinement of 
    intercity passenger rail systems planning analytical tools and 
    models.''.
    (b) Clerical Amendment.--The analysis for chapter 249 of title 49, 
United States Code, is amended by striking the item relating to section 
24911 and inserting the following:
``24911. Federal-State partnership for intercity passenger rail.''.
SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM.
    (a) In General.--Part C of subtitle V of title 49, United States 
Code, is amended by adding at the end the following:

                 ``CHAPTER 251--PASSENGER RAIL PLANNING

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

``Sec. 25101. Corridor Identification and Development Program
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, 
the Secretary of Transportation shall establish a program to facilitate 
the development of intercity passenger rail corridors. The program 
shall include--
        ``(1) a process for eligible entities described in subsection 
    (b) to submit proposals for the development of intercity passenger 
    rail corridors;
        ``(2) a process for the Secretary to review and select 
    proposals in accordance with subsection (c);
        ``(3) criteria for determining the level of readiness for 
    Federal financial assistance of an intercity passenger rail 
    corridor, which shall include--
            ``(A) identification of a service operator which may 
        include Amtrak or private rail carriers;
            ``(B) identification of a service sponsor or sponsors;
            ``(C) identification capital project sponsors;
            ``(D) engagement with the host railroads; and
            ``(E) other criteria as determined appropriate by the 
        Secretary;
        ``(4) a process for preparing service development plans in 
    accordance with subsection (d), including the identification of 
    planning funds, such as funds made available under section 24911(k) 
    and interstate rail compact grants established under section 22210;
        ``(5) the creation of a pipeline of intercity passenger rail 
    corridor projects under subsection (g);
        ``(6) planning guidance to achieve the purposes of this 
    section, including guidance for intercity passenger rail corridors 
    not selected under this section; and
        ``(7) such other features as the Secretary considers relevant 
    to the successful development of intercity passenger rail 
    corridors.
    ``(b) Eligible Entities.--The Secretary may receive proposals under 
this section from Amtrak, States, groups of States, entities 
implementing interstate compacts, regional passenger rail authorities, 
regional planning organizations, political subdivisions of a State, 
federally recognized Indian Tribes, and other public entities, as 
determined by the Secretary.
    ``(c) Corridor Selection.--In selecting intercity passenger rail 
corridors pursuant to subsection (a), the Secretary shall consider--
        ``(1) whether the route was identified as part of a regional or 
    interregional intercity passenger rail systems planning study;
        ``(2) projected ridership, revenues, capital investment, and 
    operating funding requirements;
        ``(3) anticipated environmental, congestion mitigation, and 
    other public benefits;
        ``(4) projected trip times and their competitiveness with other 
    transportation modes;
        ``(5) anticipated positive economic and employment impacts, 
    including development in the areas near passenger stations, 
    historic districts, or other opportunity zones;
        ``(6) committed or anticipated State, regional transportation 
    authority, or other non-Federal funding for operating and capital 
    costs;
        ``(7) benefits to rural communities;
        ``(8) whether the corridor is included in a State's approved 
    State rail plan developed pursuant to chapter 227;
        ``(9) whether the corridor serves historically unserved or 
    underserved and low-income communities or areas of persistent 
    poverty;
        ``(10) whether the corridor would benefit or improve 
    connectivity with existing or planned transportation services of 
    other modes;
        ``(11) whether the corridor connects at least 2 of the 100 most 
    populated metropolitan areas;
        ``(12) whether the corridor would enhance the regional equity 
    and geographic diversity of intercity passenger rail service;
        ``(13) whether the corridor is or would be integrated into the 
    national rail passenger transportation system and whether the 
    corridor would create benefits for other passenger rail routes and 
    services; and
        ``(14) whether a passenger rail operator, including a private 
    rail carrier, has expressed support for the corridor.
    ``(d) Service Development Plans.--For each corridor proposal 
selected for development under this section, the Secretary shall 
partner with the entity that submitted the proposal, relevant States, 
and Amtrak, as appropriate, to prepare a service development plan (or 
to update an existing service development plan), which shall include--
        ``(1) a detailed description of the proposed intercity 
    passenger rail service, including train frequencies, peak and 
    average operating speeds, and trip times;
        ``(2) a corridor project inventory that--
            ``(A) identifies the capital projects necessary to achieve 
        the proposed intercity passenger rail service, including--
                ``(i) the capital projects for which Federal investment 
            will be sought;
                ``(ii) the likely project applicants; and
                ``(iii) the proposed Federal funding levels;
            ``(B) specifies the order in which Federal funding will be 
        sought for the capital projects identified under subparagraph 
        (A), after considering the appropriate sequence and phasing of 
        projects based on the anticipated availability of funds; and
            ``(C) is developed in consultation with the entities listed 
        in subsection (e);
        ``(3) a schedule and any associated phasing of projects and 
    related service initiation or changes;
        ``(4) project sponsors and other entities expected to 
    participate in carrying out the plan;
        ``(5) a description of how the corridor would comply with 
    Federal rail safety and security laws, orders, and regulations;
        ``(6) the locations of existing and proposed stations;
        ``(7) the needs for rolling stock and other equipment;
        ``(8) a financial plan identifying projected--
            ``(A) annual revenues;
            ``(B) annual ridership;
            ``(C) capital investments before service could be 
        initiated;
            ``(D) capital investments required to maintain service;
            ``(E) annual operating and costs; and
            ``(F) sources of capital investment and operating financial 
        support;
        ``(9) a description of how the corridor would contribute to the 
    development of a multi-State regional network of intercity 
    passenger rail;
        ``(10) an intermodal plan describing how the new or improved 
    corridor facilitates travel connections with other passenger 
    transportation services;
        ``(11) a description of the anticipated environmental benefits 
    of the corridor; and
        ``(12) a description of the corridor's impacts on highway and 
    aviation congestion, energy consumption, land use, and economic 
    development in the service area.
    ``(e) Consultation.--In partnering on the preparation of a service 
development plan under subsection (d), the Secretary shall consult 
with--
        ``(1) Amtrak;
        ``(2) appropriate State and regional transportation authorities 
    and local officials;
        ``(3) representatives of employee labor organizations 
    representing railroad and other appropriate employees;
        ``(4) host railroads for the proposed corridor; and
        ``(5) other stakeholders, as determined by the Secretary.
    ``(f) Updates.--Every 5 years, after the initial development of the 
service development plan under subsection (d), if at least 40 percent 
of the work to implement a service development plan prepared under 
subsection (d) has not yet been completed, the plan's sponsor, in 
consultation with the Secretary, shall determine whether such plan 
should be updated.
    ``(g) Project Pipeline.--Not later than 1 year after the 
establishment of the program under this section, and by February 1st of 
each year thereafter, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate, the Committee on 
Appropriations of the Senate, and the Committee on Transportation and 
Infrastructure of the House of Representatives, and the Committee on 
Appropriations of the House of Representatives a project pipeline, in 
accordance with this section, that--
        ``(1) identifies intercity passenger rail corridors selected 
    for development under this section;
        ``(2) identifies capital projects for Federal investment, 
    project applicants, and proposed Federal funding levels, as 
    applicable, consistent with the corridor project inventory;
        ``(3) specifies the order in which the Secretary would provide 
    Federal financial assistance, subject to the availability of funds, 
    to projects that have identified sponsors, including a method and 
    plan for apportioning funds to project sponsors for a 5-year 
    period, which may be altered by the Secretary, as necessary, if 
    recipients are not carrying out projects on the anticipated 
    schedule;
        ``(4) takes into consideration the appropriate sequence and 
    phasing of projects described in the corridor project inventory;
        ``(5) takes into consideration the existing commitments and 
    anticipated Federal, project applicant, sponsor, and other relevant 
    funding levels for the next 5 fiscal years based on information 
    currently available to the Secretary;
        ``(6) is prioritized based on the level of readiness of the 
    corridor; and
        ``(7) reflects consultation with Amtrak.
    ``(h) Definition.--In this section, the term `intercity passenger 
rail corridor' means--
        ``(1) a new intercity passenger rail route of less than 750 
    miles;
        ``(2) the enhancement of an existing intercity passenger rail 
    route of less than 750 miles;
        ``(3) the restoration of service over all or portions of an 
    intercity passenger rail route formerly operated by Amtrak; or
        ``(4) the increase of service frequency of a long-distance 
    intercity passenger rail route.''.
    (b) Clerical Amendment.--The table of chapters for subtitle V of 
title 49, United States Code, is amended by inserting after the item 
relating to chapter 249 the following:
``Chapter 251.  Passenger rail planning.........................25101''.

SEC. 22309. SURFACE TRANSPORTATION BOARD PASSENGER RAIL PROGRAM.
     The Surface Transportation Board shall--
        (1) establish a passenger rail program with primary 
    responsibility for carrying out the Board's passenger rail 
    responsibilities; and
        (2) hire up to 10 additional full-time employees to assist in 
    carrying out the responsibilities referred to in paragraph (1).

                        Subtitle D--Rail Safety

SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION.
    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall evaluate the requirements of the 
railway-highway crossings program authorized under section 130 of title 
23, United States Code, to determine whether--
        (1) the requirements of the program provide States sufficient 
    flexibility to adequately address current and emerging highway-rail 
    grade crossing safety issues;
        (2) the structure of the program provides sufficient incentives 
    and resources to States and local agencies to make changes at 
    highway-rail grade crossings that are most effective at reducing 
    deaths and injuries;
        (3) there are appropriate tools and resources to support States 
    in using data driven programs to determine the most cost-effective 
    use of program funds; and
        (4) any statutory changes are recommended to improve the 
    effectiveness of the program.
    (b) Report.--Not later than 4 years after the date of enactment of 
this Act, the Secretary shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate, the Committee on 
Environment and Public Works of the Senate, and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
summarizes and describes the results of the evaluation conducted 
pursuant to subsection (a), including any recommended statutory 
changes.
SEC. 22402. GRADE CROSSING ACCIDENT PREDICTION MODEL.
    Not later than 2 years after the date of enactment of this Act, the 
Administrator of the Federal Railroad Administration shall--
        (1) update the grade crossing accident prediction and severity 
    model used by the Federal Railroad Administration to analyze 
    accident risk at highway-rail grade crossings; and
        (2) provide training on the use of the updated grade crossing 
    accident prediction and severity model.
SEC. 22403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND 
PLANS.
    (a) Highway-rail Grade Crossing Safety.--Section 11401 of the 
Fixing America's Surface Transportation Act (Public Law 114-94; 49 
U.S.C. 22907 note) is amended--
        (1) by striking subsection (c); and
        (2) by redesignating subsections (d) and (e) as subsections (c) 
    and (d), respectively.
    (b) Reports on Highway-rail Grade Crossing Safety.--
        (1) In general.--Chapter 201 of title 49, United States Code, 
    is amended by inserting after section 20166 the following:
``Sec. 20167. Reports on highway-rail grade crossing safety
    ``(a) Report.--Not later than 4 years after the date by which 
States are required to submit State highway-rail grade crossing action 
plans under section 11401(b) of the Fixing America's Surface 
Transportation Act (49 U.S.C. 22907 note), the Administrator of the 
Federal Railroad Administration, in consultation with the Administrator 
of the Federal Highway Administration, shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives that summarizes the State highway-rail grade crossing 
action plans, including--
        ``(1) an analysis and evaluation of each State railway-highway 
    crossings program under section 130 of title 23, including--
            ``(A) compliance with section 11401 of the Fixing America's 
        Surface Transportation Act and section 130(g) of title 23; and
            ``(B) the specific strategies identified by each State to 
        improve safety at highway-rail grade crossings, including 
        crossings with multiple accidents or incidents;
        ``(2) the progress of each State in implementing its State 
    highway-rail grade crossings action plan;
        ``(3) the number of highway-rail grade crossing projects 
    undertaken pursuant to section 130 of title 23, including the 
    distribution of such projects by cost range, road system, nature of 
    treatment, and subsequent accident experience at improved 
    locations;
        ``(4) which States are not in compliance with their schedule of 
    projects under section 130(d) of title 23; and
        ``(5) any recommendations for future implementation of the 
    railway-highway crossings program under section 130 of title 23.
    ``(b) Updates.--Not later than 5 years after the submission of the 
report required under subsection (a), the Administrator of the Federal 
Railroad Administration, in consultation with the Administrator of the 
Federal Highway Administration, shall--
        ``(1) update the report based on the State annual reports 
    submitted pursuant to section 130(g) of title 23 and any other 
    information obtained by or available to the Administrator of the 
    Federal Railroad Administration; and
        ``(2) submit the updated report to the Committee on Commerce, 
    Science, and Transportation of the Senate and the Committee on 
    Transportation and Infrastructure of the House of Representatives.
    ``(c) Definitions.--In this section:
        ``(1) Highway-rail grade crossing.--The term `highway-rail 
    grade crossing' means a location within a State, other than a 
    location at which 1 or more railroad tracks cross 1 or more 
    railroad tracks at grade, at which--
            ``(A) a public highway, road, or street, or a private 
        roadway, including associated sidewalks and pathways, crosses 1 
        or more railroad tracks, either at grade or grade-separated; or
            ``(B) a pathway explicitly authorized by a public authority 
        or a railroad carrier that--
                ``(i) is dedicated for the use of nonvehicular traffic, 
            including pedestrians, bicyclists, and others;
                ``(ii) is not associated with a public highway, road, 
            or street, or a private roadway; and
                ``(iii) crosses 1 or more railroad tracks, either at 
            grade or grade-separated.
        ``(2) State.--The term `State' means a State of the United 
    States or the District of Columbia.''.
        (2) Clerical amendment.--The analysis for chapter 201 of title 
    49, United States Code, is amended by inserting after the item 
    relating to section 20166 the following:
``20167. Reports on highway-rail grade crossing safety.''.

    (c) Annual Report.--Section 130(g) of title 23, United States Code, 
is amended to read as follows:
    ``(g) Annual Report.--
        ``(1) In general.--Not later than August 31 of each year, each 
    State shall submit a report to the Administrator of the Federal 
    Highway Administration that describes--
            ``(A) the progress being made to implement the railway-
        highway crossings program authorized under this section; and
            ``(B) the effectiveness of the improvements made as a 
        result of such implementation.
        ``(2) Contents.--Each report submitted pursuant to paragraph 
    (1) shall contain an assessment of--
            ``(A) the costs of the various treatments employed by the 
        State to implement the railway-highway crossings program; and
            ``(B) the effectiveness of such treatments, as measured by 
        the accident experience at the locations that received such 
        treatments.
        ``(3) Coordination.--Not later than 30 days after the Federal 
    Highway Administration's acceptance of each report submitted 
    pursuant to paragraph (1), the Administrator of the Federal Highway 
    Administration shall make such report available to the 
    Administrator of the Federal Railroad Administration.''.
SEC. 22404. BLOCKED CROSSING PORTAL.
    (a) In General.--The Administrator of the Federal Railroad 
Administration shall establish a 3-year blocked crossing portal, which 
shall include the maintenance of the portal and corresponding database 
to receive, store, and retrieve information regarding blocked highway-
rail grade crossings.
    (b) Blocked Crossing Portal.--The Administrator of the Federal 
Railroad Administration shall establish a blocked crossing portal 
that--
        (1) collects information from the public, including first 
    responders, regarding blocked highway-rail grade crossing events;
        (2) solicits the apparent cause of the blocked crossing and 
    provides examples of common causes of blocked crossings, such as 
    idling trains or instances when lights or gates are activated when 
    no train is present;
        (3) provides each complainant with the contact information for 
    reporting a blocked crossing to the relevant railroad; and
        (4) encourages each complainant to report the blocked crossing 
    to the relevant railroad.
    (c) Complaints.--The blocked crossing portal shall be programmed to 
receive complaints from the general public about blocked highway-rail 
grade crossings. Any complaint reported through the portal shall 
indicate whether the complainant also reported the blocked crossing to 
the relevant railroad.
    (d) Information Received.--In reviewing complaints received 
pursuant to subsection (c), the Federal Railroad Administration shall 
review, to the extent practicable, the information received from the 
complainant to account for duplicative or erroneous reporting.
    (e) Use of Information.--The information received and maintained in 
the blocked crossing portal database shall be used by the Federal 
Railroad Administration--
        (1) to identify frequent and long-duration blocked highway-rail 
    grade crossings;
        (2) as a basis for conducting outreach to communities, 
    emergency responders, and railroads;
        (3) to support collaboration in the prevention of incidents at 
    highway-rail grade crossings; and
        (4) to assess the impacts of blocked crossings.
    (f) Sharing Information Received.--
        (1) In general.--The Administrator of the Federal Railroad 
    Administration shall implement and make publicly available 
    procedures for sharing any nonaggregated information received 
    through the blocked crossing portal with the public.
        (2) Rule of construction.--Nothing in this section may be 
    construed to authorize the Federal Railroad Administration to make 
    publically available sensitive security information.
    (g) Additional Information.--If the information submitted to the 
blocked crossing portal is insufficient to determine the locations and 
potential impacts of blocked highway-rail grade crossings, the Federal 
Railroad Administration may collect, from the general public, State and 
local law enforcement personnel, and others as appropriate, and on a 
voluntary basis, such additional information as may be necessary to 
make such determinations.
    (h) Limitations.--Complaints, data, and other information received 
through the blocked crossing portal may not be used--
        (1) to infer or extrapolate the rate or instances of crossings 
    beyond the data received through the portal; or
        (2) for any regulatory or enforcement purposes except those 
    specifically described in this section.
    (i) Reports.--
        (1) Annual public report.--The Administrator of the Federal 
    Railroad Administration shall publish an annual report on a public 
    website regarding the blocked crossing program, including the 
    underlying causes of blocked crossings, program challenges, and 
    other findings.
        (2) Report to congress.--Not later than 1 year after the date 
    of enactment of this Act, the Administrator of the Federal Railroad 
    Administration shall submit a report to the Committee on Commerce, 
    Science, and Transportation of the Senate and the Committee on 
    Transportation and Infrastructure of the House of Representatives 
    that describes--
            (A) based on the information received through the blocked 
        crossing portal, frequent and long-duration blocked highway-
        rail grade crossings, including the locations, dates, 
        durations, and impacts resulting from such occurrences;
            (B) the Federal Railroad Administration's process for 
        verifying the accuracy of the complaints submitted to the 
        blocked crossing portal, including whether the portal continues 
        to be effective in collecting such information and identifying 
        blocked crossings;
            (C) the Federal Railroad Administration's use of the data 
        compiled by the blocked crossing portal to assess the 
        underlying cause and overall impacts of blocked crossings;
            (D) the engagement of the Federal Railroad Administration 
        with affected parties to identify and facilitate solutions to 
        frequent and long-duration blocked highway-rail grade crossings 
        identified by the blocked crossing portal; and
            (E) whether the blocked crossing portal continues to be an 
        effective method to collect blocked crossing information and 
        what changes could improve its effectiveness.
    (j) Sunset.--This section (other than subsection (k)) shall have no 
force or effect beginning on the date that is 3 years after the date of 
enactment of this Act.
    (k) Rule of Construction.--Nothing in this section may be construed 
to invalidate any authority of the Secretary with respect to blocked 
highway-rail grade crossings. The Secretary may continue to use any 
such authority after the sunset date set forth in subsection (j).
SEC. 22405. DATA ACCESSIBILITY.
    (a) Review.--Not later than 180 days after the date of enactment of 
this Act, the Chief Information Officer of the Department shall--
        (1) conduct a review of the website of the Office of Safety 
    Analysis of the Federal Railroad Administration; and
        (2) provide recommendations to the Secretary for improving the 
    public's usability and accessibility of the website referred to in 
    paragraph (1).
    (b) Updates.--Not later than 1 year after receiving recommendations 
from the Chief Information Officer pursuant to subsection (a)(2), the 
Secretary, after considering such recommendations, shall update the 
website of the Office of Safety Analysis of the Federal Railroad 
Administration to improve the usability and accessibility of the 
website.
SEC. 22406. EMERGENCY LIGHTING.
    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall initiate a rulemaking to require that all rail carriers 
providing intercity passenger rail transportation or commuter rail 
passenger transportation (as such terms are defined in section 24102 of 
title 49, United States Code), develop and implement periodic 
inspection plans to ensure that passenger equipment offered for revenue 
service complies with the requirements under part 238 of title 49, Code 
of Federal Regulations, including ensuring that, in the event of a loss 
of power, there is adequate emergency lighting available to allow 
passengers, crew members, and first responders--
        (1) to see and orient themselves;
        (2) to identify obstacles;
        (3) to safely move throughout the rail car; and
        (4) to evacuate safely.
SEC. 22407. COMPREHENSIVE RAIL SAFETY REVIEW OF AMTRAK.
    (a) Comprehensive Safety Assessment.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall--
        (1) conduct a focused review of Amtrak's safety-related 
    processes and procedures, compliance with safety regulations and 
    requirements, and overall safety culture; and
        (2) submit a report to the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Transportation 
    and Infrastructure of the House of Representatives that includes 
    the findings and recommendations resulting from such assessment.
    (b) Plan.--
        (1) Initial plan.--Not later than 6 months after the completion 
    of the comprehensive safety assessment under subsection (a)(1), 
    Amtrak shall submit a plan to the Committee on Commerce, Science, 
    and Transportation of the Senate and the Committee on 
    Transportation and Infrastructure of the House of Representatives 
    for addressing the findings and recommendations raised in the 
    comprehensive safety assessment.
        (2) Annual updates.--Amtrak shall submit annual updates of its 
    progress toward implementing the plan submitted pursuant to 
    paragraph (1) to the committees listed in such paragraph.
SEC. 22408. COMPLETION OF HOURS OF SERVICE AND FATIGUE STUDIES.
    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Administrator of the Federal Railroad Administration 
shall commence the pilot programs required under subparagraphs (A) and 
(B) of section 21109(e)(1) of title 49, United States Code.
    (b) Consultation.--The Federal Railroad Administration shall 
consult with the class or craft of employees impacted by the pilot 
projects, including railroad carriers, and representatives of labor 
organizations representing the impacted employees when designing and 
conducting the pilot programs referred to in subsection (a).
    (c) Report.--If the pilot programs required under section 
21109(e)(1) of title 49, United States Code, have not commenced on the 
date that is 1 year and 120 days after the date of enactment of this 
Act, the Secretary, not later than 30 days after such date, submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives that describes--
        (1) the status of such pilot programs;
        (2) actions that the Federal Railroad Administration has taken 
    to commence the pilot programs, including efforts to recruit 
    participant railroads;
        (3) any challenges impacting the commencement of the pilot 
    programs; and
        (4) any other details associated with the development of the 
    pilot programs that affect progress toward meeting the mandate 
    under such section 21109(e)(1).
SEC. 22409. POSITIVE TRAIN CONTROL STUDY.
    (a) Study.--The Comptroller General of the United States shall 
conduct a study to determine the annual positive train control system 
operation and maintenance costs for public commuter railroads.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General of the United States shall submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives that summarizes the study conducted pursuant 
to subsection (a), including the estimated annual positive train 
control system operation and maintenance costs for public commuter 
railroads.
SEC. 22410. OPERATING CREW MEMBER TRAINING, QUALIFICATION, AND 
CERTIFICATION.
    (a) Audits.--Not later than 60 days after the date of enactment of 
this Act, the Secretary shall initiate audits of the training, 
qualification, and certification programs of locomotive engineers and 
conductors of railroad carriers, subject to the requirements of parts 
240 and 242 of title 49, Code of Federal Regulations, which audits 
shall--
        (1) be conducted in accordance with subsection (b);
        (2) consider whether such programs are in compliance with such 
    parts 240 and 242;
        (3) assess the type and content of training that such programs 
    provide locomotive engineers and conductors, relevant to their 
    respective roles, including training related to installed 
    technology;
        (4) determine whether such programs provide locomotive 
    engineers and conductors the knowledge, skill, and ability to 
    safely operate a locomotive or train, consistent with such parts 
    240 and 242;
        (5) determine whether such programs reflect the current 
    operating practices of the railroad carrier;
        (6) assess the current practice by which railroads utilize 
    simulator training, or any other technologies used to train and 
    qualify locomotive engineers and conductors by examining how such 
    technologies are used;
        (7) consider international experience and practice using 
    similar technology, as appropriate, particularly before qualifying 
    locomotive engineers on new or unfamiliar equipment, new train 
    control, diagnostics, or other on-board technology;
        (8) assess the current practice for familiarizing locomotive 
    engineers and conductors with new territory and using recurrency 
    training to expose such personnel to normal and abnormal 
    conditions; and
        (9) ensure that locomotive engineers and conductor training 
    programs are considered separately, as appropriate, based on the 
    unique requirements and regulations.
    (b) Audit Scheduling.--The Secretary shall--
        (1) schedule the audits required under subsection (a) to ensure 
    that--
            (A) each Class I railroad, including the National Railroad 
        Passenger Corporation and other intercity passenger rail 
        providers, is audited not less frequently than once every 5 
        years; and
            (B) a select number, as determined appropriate by the 
        Secretary, of Class II and Class III railroads, along with 
        other railroads providing passenger rail service that are not 
        included in subparagraph (A), are audited annually; and
        (2) conduct the audits described in paragraph (1)(B) in 
    accordance with the Small Business Regulatory Enforcement Fairness 
    Act of 1996 (5 U.S.C. 601 note) and appendix C of part 209 of title 
    49, Code of Federal Regulations.
    (c) Updates to Qualification and Certification Program.--If the 
Secretary, while conducting the audits required under this section, 
identifies a deficiency in a railroad's training, qualification, and 
certification program for locomotive engineers or conductors, the 
railroad shall update the program to eliminate such deficiency.
    (d) Consultation and Cooperation.--
        (1) Consultation.--In conducting any audit required under this 
    section, the Secretary shall consult with the railroad and its 
    employees, including any nonprofit employee labor organization 
    representing the engineers or conductors of the railroad.
        (2) Cooperation.--The railroad and its employees, including any 
    nonprofit employee labor organization representing engineers or 
    conductors of the railroad, shall fully cooperate with any such 
    audit, including by--
            (A) providing any relevant documents requested; and
            (B) making available any employees for interview without 
        undue delay or obstruction.
        (3) Failure to cooperate.--If the Secretary determines that a 
    railroad or any of its employees, including any nonprofit employee 
    labor organization representing engineers or conductors of the 
    railroad is not fully cooperating with an audit, the Secretary 
    shall electronically notify the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Transportation 
    and Infrastructure of the House of Representatives.
    (e) Review of Regulations.--The Secretary shall triennially 
determine whether any update to part 240 or 242 of title 49, Code of 
Federal Regulations, is necessary to better prepare locomotive 
engineers and conductors to safely operate trains by evaluating whether 
such regulations establish appropriate Federal standards requiring 
railroads--
        (1) to provide locomotive engineers or conductors the knowledge 
    and skills to safely operate trains under conditions that reflect 
    industry practices;
        (2) to adequately address locomotive engineer or conductor 
    route situational awareness, including ensuring locomotive 
    engineers and conductors to demonstrate knowledge on the physical 
    characteristics of a territory under various conditions and using 
    various resources;
        (3) to provide relevant and adequate hands-on training before a 
    locomotive engineer or conductor is certified;
        (4) to adequately prepare locomotive engineers or conductors to 
    understand relevant locomotive operating characteristics, to 
    include instructions on functions they are required to operate on 
    any installed technology; and
        (5) to address any other safety issue that the Secretary 
    determines to be appropriate for better preparing locomotive 
    engineers or conductors.
    (f) Annual Report.--The Secretary shall publish an annual report on 
the public website of the Federal Railroad Administration that--
        (1) summarizes the findings of the prior year's audits;
        (2) summarizes any updates made pursuant to subsection (c); and
        (3) excludes and confidential business information or sensitive 
    security information.
SEC. 22411. TRANSPARENCY AND SAFETY.
    Section 20103(d) of title 49, United States Code, is amended to 
read as follows:
    ``(d) Nonemergency Waivers.--
        ``(1) In general.--The Secretary of Transportation may waive, 
    or suspend the requirement to comply with, any part of a regulation 
    prescribed or an order issued under this chapter if such waiver or 
    suspension is in the public interest and consistent with railroad 
    safety.
        ``(2) Notice required.--The Secretary shall--
            ``(A) provide timely public notice of any request for a 
        waiver under this subsection or for a suspension under subpart 
        E of part 211 of title 49, Code of Federal Regulations, or 
        successor regulations;
            ``(B) make available the application for such waiver or 
        suspension and any nonconfidential underlying data to 
        interested parties;
            ``(C) provide the public with notice and a reasonable 
        opportunity to comment on a proposed waiver or suspension under 
        this subsection before making a final decision; and
            ``(D) publish on a publicly accessible website the reasons 
        for granting each such waiver or suspension.
        ``(3) Information protection.--Nothing in this subsection may 
    be construed to require the release of information protected by law 
    from public disclosure.
        ``(4) Rulemaking.--
            ``(A) In general.--Not later than 1 year after the first 
        day on which a waiver under this subsection or a suspension 
        under subpart E of part 211 of title 49, Code of Federal 
        Regulations, or successor regulations, has been in continuous 
        effect for a 6-year period, the Secretary shall complete a 
        review and analysis of such waiver or suspension to determine 
        whether issuing a rule that is consistent with the waiver is--
                ``(i) in the public interest; and
                ``(ii) consistent with railroad safety.
            ``(B) Factors.--In conducting the review and analysis under 
        subparagraph (A), the Secretary shall consider--
                ``(i) the relevant safety record under the waiver or 
            suspension;
                ``(ii) the likelihood that other entities would have 
            similar safety outcomes;
                ``(iii) the materials submitted in the applications, 
            including any comments regarding such materials; and
                ``(iv) related rulemaking activity.
            ``(C) Notice and comment.--
                ``(i) In general.--The Secretary shall publish the 
            review and analysis required under this paragraph in the 
            Federal Register, which shall include a summary of the data 
            collected and all relevant underlying data, if the 
            Secretary decides not to initiate a regulatory update under 
            subparagraph (D).
                ``(ii) Notice of proposed rulemaking.--The review and 
            analysis under this paragraph shall be included as part of 
            the notice of proposed rulemaking if the Secretary 
            initiates a regulatory update under subparagraph (D).
            ``(D) Regulatory update.--The Secretary may initiate a 
        rulemaking to incorporate relevant aspects of a waiver under 
        this subsection or a suspension under subpart E of part 211 of 
        title 49, Code of Federal Regulations, or successor 
        regulations, into the relevant regulation, to the extent the 
        Secretary considers appropriate.
        ``(5) Rule of construction.--Nothing in this subsection may be 
    construed to delay any waiver granted pursuant to this subsection 
    that is in the public interest and consistent with railroad 
    safety.''.
SEC. 22412. RESEARCH AND DEVELOPMENT.
    Section 20108 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Facilities.--The Secretary may erect, alter, and repair 
buildings and make other public improvements to carry out necessary 
railroad research, safety, and training activities at the 
Transportation Technology Center in Pueblo, Colorado.
    ``(e) Offsetting Collections.--The Secretary may collect fees or 
rents from facility users to offset appropriated amounts for the cost 
of providing facilities or research, development, testing, training, or 
other services, including long-term sustainment of the on-site physical 
plant.
    ``(f) Revolving Fund.--Amounts appropriated to carry out subsection 
(d) and all fees and rents collected pursuant to subsection (e) shall 
be credited to a revolving fund and remain available until expended. 
The Secretary may use such fees and rents for operation, maintenance, 
repair, or improvement of the Transportation Technology Center.
    ``(g) Leases and Contracts.--Notwithstanding section 1302 of title 
40, the Secretary may lease to others or enter into contracts for terms 
of up to 20 years, for such consideration and subject to such terms and 
conditions as the Secretary determines to be in the best interests of 
the Government of the United States, for the operation, maintenance, 
repair, and improvement of the Transportation Technology Center.
    ``(h) Property and Casualty Loss Insurance.--The Secretary may 
allow its lessees and contractors to purchase property and casualty 
loss insurance for its assets and activities at the Transportation 
Technology Center to mitigate the lessee's or contractor's risk 
associated with operating a facility.
    ``(i) Energy Projects.--Notwithstanding section 1341 of title 31, 
the Secretary may enter into contracts or agreements, or commit to 
obligations in connection with third-party contracts or agreements, 
including contingent liability for the purchase of electric power in 
connection with such contracts or agreements, for terms not to exceed 
20 years, to enable the use of the land at the Transportation 
Technology Center for projects to produce energy from renewable 
sources.''.
SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
    Section 20108 of title 49, United States Code, as amended by 
section 22412, is further amended by adding at the end the following:
    ``(j) Rail Research and Development Center of Excellence.--
        ``(1) Center of excellence.--The Secretary shall award grants 
    to establish and maintain a center of excellence to advance 
    research and development that improves the safety, efficiency, and 
    reliability of passenger and freight rail transportation.
        ``(2) Eligibility.--An institution of higher education (as 
    defined in section 101 of the Higher Education Act of 1965 (20 
    U.S.C. 1001)) or a consortium of nonprofit institutions of higher 
    education shall be eligible to receive a grant from the center 
    established pursuant to paragraph (1).
        ``(3) Selection criteria.--In awarding a grant under this 
    subsection, the Secretary shall--
            ``(A) give preference to applicants with strong past 
        performance related to rail research, education, and workforce 
        development activities;
            ``(B) consider the extent to which the applicant would 
        involve public and private sector passenger and freight 
        railroad operators; and
            ``(C) consider the regional and national impacts of the 
        applicant's proposal.
        ``(4) Use of funds.--Grant funds awarded pursuant to this 
    subsection shall be used for basic and applied research, 
    evaluation, education, workforce development, and training efforts 
    related to safety, project delivery, efficiency, reliability, 
    resiliency, and sustainability of urban commuter, intercity high-
    speed, and freight rail transportation, to include advances in 
    rolling stock, advanced positive train control, human factors, rail 
    infrastructure, shared corridors, grade crossing safety, inspection 
    technology, remote sensing, rail systems maintenance, network 
    resiliency, operational reliability, energy efficiency, and other 
    advanced technologies.
        ``(5) Federal share.--The Federal share of a grant awarded 
    under this subsection shall be 50 percent of the cost of 
    establishing and operating the center of excellence and related 
    research activities carried out by the grant recipient.''.
SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM 
PERFORMANCE.
    Section 20157 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(m) Reports on Positive Train Control System Performance.--
        ``(1) In general.--Each host railroad subject to this section 
    or subpart I of part 236 of title 49, Code of Federal Regulations, 
    shall electronically submit to the Secretary of Transportation a 
    Report of PTC System Performance on Form FRA F 6180.152, which 
    shall be submitted on or before the applicable due date set forth 
    in paragraph (3) and contain the information described in paragraph 
    (2), which shall be separated by the host railroad, each applicable 
    tenant railroad, and each positive train control-governed track 
    segment, consistent with the railroad's positive train control 
    Implementation Plan described in subsection (a)(1).
        ``(2) Required information.--Each report submitted pursuant to 
    paragraph (1) shall include, for the applicable reporting period--
            ``(A) the number of positive train control system 
        initialization failures, disaggregated by the number of 
        initialization failures for which the source or cause was the 
        onboard subsystem, the wayside subsystem, the communications 
        subsystem, the back office subsystem, or a non-positive train 
        control component;
            ``(B) the number of positive train control system cut outs, 
        disaggregated by each component listed in subparagraph (A) that 
        was the source or cause of such cut outs;
            ``(C) the number of positive train control system 
        malfunctions, disaggregated by each component listed in 
        subparagraph (A) that was the source or cause of such 
        malfunctions;
            ``(D) the number of enforcements by the positive train 
        control system;
            ``(E) the number of enforcements by the positive train 
        control system in which it is reasonable to assume an accident 
        or incident was prevented;
            ``(F) the number of scheduled attempts at initialization of 
        the positive train control system;
            ``(G) the number of train miles governed by the positive 
        train control system; and
            ``(H) a summary of any actions the host railroad and its 
        tenant railroads are taking to reduce the frequency and rate of 
        initialization failures, cut outs, and malfunctions, such as 
        any actions to correct or eliminate systemic issues and 
        specific problems.
        ``(3) Due dates.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        each host railroad shall electronically submit the report 
        required under paragraph (1) not later than--
                ``(i) April 30, for the period from January 1 through 
            March 31;
                ``(ii) July 31, for the period from April 1 through 
            June 30;
                ``(iii) October 31, for the period from July 1 through 
            September 30; and
                ``(iv) January 31, for the period from October 1 
            through December 31 of the prior calendar year.
            ``(B) Frequency reduction.--Beginning on the date that is 3 
        years after the date of enactment of the Passenger Rail 
        Expansion and Rail Safety Act of 2021, the Secretary shall 
        reduce the frequency with which host railroads are required to 
        submit the report described in paragraph (1) to not less 
        frequently than twice per year, unless the Secretary--
                ``(i) determines that quarterly reporting is in the 
            public interest; and
                ``(ii) publishes a justification for such determination 
            in the Federal Register.
        ``(4) Tenant railroads.--Each tenant railroad that operates on 
    a host railroad's positive train control-governed main line and is 
    not currently subject to an exception under section 236.1006(b) of 
    title 49, Code of Federal Regulations, shall submit the information 
    described in paragraph (2) to each applicable host railroad on a 
    continuous basis.
        ``(5) Enforcements.--Any railroad operating a positive train 
    control system classified under Federal Railroad Administration 
    Type Approval number FRA-TA-2010-001 or FRA-TA-2013-003 shall begin 
    submitting the metric required under paragraph (2)(D) not later 
    than January 31, 2023.''.
SEC. 22415. SPEED LIMIT ACTION PLANS.
    (a) Codification of, and Amendment to, Section 11406 of the FAST 
Act.--Subchapter II of chapter 201 of subtitle V of title 49, United 
States Code, is amended by inserting after section 20168 the following:
``Sec. 20169. Speed limit action plans
    ``(a) In General.--Not later than March 3, 2016, each railroad 
carrier providing intercity rail passenger transportation or commuter 
rail passenger transportation, in consultation with any applicable host 
railroad carrier, shall survey its entire system and identify each main 
track location where there is a reduction of more than 20 miles per 
hour from the approach speed to a curve, bridge, or tunnel and the 
maximum authorized operating speed for passenger trains at that curve, 
bridge, or tunnel.
    ``(b) Action Plans.--Not later than 120 days after the date that 
the survey under subsection (a) is complete, a railroad carrier 
described in subsection (a) shall submit to the Secretary of 
Transportation an action plan that--
        ``(1) identifies each main track location where there is a 
    reduction of more than 20 miles per hour from the approach speed to 
    a curve, bridge, or tunnel and the maximum authorized operating 
    speed for passenger trains at that curve, bridge, or tunnel;
        ``(2) describes appropriate actions to enable warning and 
    enforcement of the maximum authorized speed for passenger trains at 
    each location identified under paragraph (1), including--
            ``(A) modification to automatic train control systems, if 
        applicable, or other signal systems;
            ``(B) increased crew size;
            ``(C) installation of signage alerting train crews of the 
        maximum authorized speed for passenger trains in each location 
        identified under paragraph (1);
            ``(D) installation of alerters;
            ``(E) increased crew communication; and
            ``(F) other practices;
        ``(3) contains milestones and target dates for implementing 
    each appropriate action described under paragraph (2); and
        ``(4) ensures compliance with the maximum authorized speed at 
    each location identified under paragraph (1).
    ``(c) Approval.--Not later than 90 days after the date on which an 
action plan is submitted under subsection (b) or (d)(2), the Secretary 
shall approve, approve with conditions, or disapprove the action plan.
    ``(d) Periodic Reviews and Updates.--Each railroad carrier that 
submits an action plan to the Secretary pursuant to subsection (b) 
shall--
        ``(1) not later than 1 year after the date of enactment of the 
    Passenger Rail Expansion and Rail Safety Act of 2021, and annually 
    thereafter, review such plan to ensure the effectiveness of actions 
    taken to enable warning and enforcement of the maximum authorized 
    speed for passenger trains at each location identified pursuant to 
    subsection (b)(1); and
        ``(2) not later than 90 days before implementing any 
    significant operational or territorial operating change, including 
    initiating a new service or route, submit to the Secretary a 
    revised action plan, after consultation with any applicable host 
    railroad, that addresses such operational or territorial operating 
    change.
    ``(e) New Service.--If a railroad carrier providing intercity rail 
passenger transportation or commuter rail passenger transportation did 
not exist on the date of enactment of the FAST Act (Public Law 114-94; 
129 Stat. 1312), such railroad carrier, in consultation with any 
applicable host railroad carrier, shall--
        ``(1) survey its routes pursuant to subsection (a) not later 
    than 90 days after the date of enactment of the Passenger Rail 
    Expansion and Rail Safety Act of 2021; and
        ``(2) develop an action plan pursuant to subsection (b) not 
    later than 120 days after the date on which such survey is 
    complete.
    ``(f) Alternative Safety Measures.--The Secretary may exempt from 
the requirements under this section each segment of track for which 
operations are governed by a positive train control system certified 
under section 20157, or any other safety technology or practice that 
would achieve an equivalent or greater level of safety in reducing 
derailment risk.
    ``(g) Prohibition.--No new intercity or commuter rail passenger 
service may begin operation unless the railroad carrier providing such 
service is in compliance with the requirements under this section.
    ``(h) Savings Clause.--Nothing in this section may be construed to 
prohibit the Secretary from applying the requirements under this 
section to other segments of track at high risk of overspeed 
derailment.''.
    (b) Clerical Amendment.--The analysis for chapter 201 of subtitle V 
of title 49, United States Code, is amended by adding at the end the 
following:
``20169. Speed limit action plans.''.
SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.
    (a) In General.--Subchapter II of chapter 201 of subtitle V of 
title 49, United States Code, as amended by section 22415, is further 
amended by adding at the end the following:
``Sec. 20170. Pre-revenue service safety validation plan
    ``(a) Plan Submission.--Any railroad providing new, regularly 
scheduled, intercity or commuter rail passenger transportation, an 
extension of existing service, or a renewal of service that has been 
discontinued for more than 180 days shall develop and submit for review 
a comprehensive pre-revenue service safety validation plan to the 
Secretary of Transportation not later than 60 days before initiating 
such revenue service. Such plan shall include pertinent safety 
milestones and a minimum period of simulated revenue service to ensure 
operational readiness and that all safety sensitive personnel are 
properly trained and qualified.
    ``(b) Compliance.--After submitting a plan pursuant to subsection 
(a), the railroad shall adopt and comply with such plan and may not 
amend the plan without first notifying the Secretary of the proposed 
amendment. Revenue service may not begin until the railroad has 
completed the requirements of its plan, including the minimum simulated 
service period required by the plan.
    ``(c) Rulemaking.--The Secretary shall promulgate regulations to 
carry out this section, including--
        ``(1) requiring that any identified safety deficiencies be 
    addressed and corrected before the initiation of revenue service; 
    and
        ``(2) establishing appropriate deadlines to enable the 
    Secretary to review and approve the pre-revenue service safety 
    validation plan to ensure that service is not unduly delayed.''.
    (b) Clerical Amendment.--The analysis for chapter 201 of title 49, 
United States Code, as amended by section 22415(b), is further amended 
by adding at the end the following:
``20170. Pre-revenue service safety validation plan.''.
SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND INCIDENT 
INVESTIGATIONS.
    Section 20902 of title 49, United States Code, is amended--
        (1) in subsection (b) by striking ``subpena'' and inserting 
    ``subpoena''; and
        (2) by adding at the end the following:
    ``(d) Gathering Information and Technical Expertise.--
        ``(1) In general.--The Secretary shall create a standard 
    process for investigators to use during accident and incident 
    investigations conducted under this section for determining when it 
    is appropriate and the appropriate method for--
            ``(A) gathering information about an accident or incident 
        under investigation from railroad carriers, contractors or 
        employees of railroad carriers or representatives of employees 
        of railroad carriers, and others, as determined relevant by the 
        Secretary; and
            ``(B) consulting with railroad carriers, contractors or 
        employees of railroad carriers or representatives of employees 
        of railroad carriers, and others, as determined relevant by the 
        Secretary, for technical expertise on the facts of the accident 
        or incident under investigation.
        ``(2) Confidentiality.--In developing the process required 
    under paragraph (1), the Secretary shall factor in ways to maintain 
    the confidentiality of any entity identified under paragraph (1) 
    if--
            ``(A) such entity requests confidentiality;
            ``(B) such entity was not involved in the accident or 
        incident; and
            ``(C) maintaining such entity's confidentiality does not 
        adversely affect an investigation of the Federal Railroad 
        Administration.
        ``(3) Applicability.--This subsection shall not apply to any 
    investigation carried out by the National Transportation Safety 
    Board.''.
SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY.
    Section 21301(a) of title 49, United States Code, is amended by 
striking paragraph (3) and inserting the following:
    ``(3) The Secretary may find that a person has violated this 
chapter or a regulation prescribed or order, special permit, or 
approval issued under this chapter only after notice and an opportunity 
for a hearing. The Secretary shall impose a penalty under this section 
by giving the person written notice of the amount of the penalty. The 
Secretary may compromise the amount of a civil penalty by settlement 
agreement without issuance of an order. In determining the amount of a 
compromise, the Secretary shall consider--
        ``(A) the nature, circumstances, extent, and gravity of the 
    violation;
        ``(B) with respect to the violator, the degree of culpability, 
    any history of violations, the ability to pay, and any effect on 
    the ability to continue to do business; and
        ``(C) other matters that justice requires.
    ``(4) The Attorney General may bring a civil action in an 
appropriate district court of the United States to collect a civil 
penalty imposed or compromise under this section and any accrued 
interest on the civil penalty. In the civil action, the amount and 
appropriateness of the civil penalty shall not be subject to review.''.
SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY.
    (a) In General.--Section 26103 of title 49, United States Code, is 
amended to read as follows:
``Sec. 26103. Safety regulations and evaluation
    ``The Secretary--
        ``(1) shall promulgate such safety regulations as may be 
    necessary for high-speed rail services;
        ``(2) shall, before promulgating such regulations, consult with 
    developers of new high-speed rail technologies to develop a method 
    for evaluating safety performance; and
        ``(3) may solicit feedback from relevant safety experts or 
    representatives of rail employees who perform work on similar 
    technology or who may be expected to perform work on new 
    technology, as appropriate.''.
    (b) Clerical Amendment.--The analysis for chapter 261 of title 49, 
United States Code, is amended by striking the item relating to section 
26103 and inserting the following:
``26103. Safety regulations and evaluation.''.
SEC. 22420. PASSENGER RAIL VEHICLE OCCUPANT PROTECTION SYSTEMS.
    (a) Study.--The Administrator of the Federal Railroad 
Administration shall conduct a study of the potential installation and 
use in new passenger rail rolling stock of passenger rail vehicle 
occupant protection systems that could materially improve passenger 
safety.
    (b) Considerations.--In conducting the study under subsection (a), 
the Administrator shall consider minimizing the risk of secondary 
collisions, including estimating the costs and benefits of the new 
requirements, through the use of--
        (1) occupant restraint systems;
        (2) air bags;
        (3) emergency window retention systems; and
        (4) interior designs, including seats, baggage restraints, and 
    table configurations and attachments.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Administrator shall--
        (1) submit a report summarizing the findings of the study 
    conducted pursuant to subsection (a) to the Committee on Commerce, 
    Science, and Transportation of the Senate and the Committee on 
    Transportation and Infrastructure of the House of Representatives; 
    and
        (2) publish such report on the website of the Federal Railroad 
    Administration.
    (d) Rulemaking.--Following the completion of the study required 
under subsection (a), and after considering the costs and benefits of 
the proposed protection systems, the Administrator may promulgate a 
rule that establishes standards for the use of occupant protection 
systems in new passenger rail rolling stock.
SEC. 22421. FEDERAL RAILROAD ADMINISTRATION REPORTING REQUIREMENTS.
    (a) Elimination of Duplicative or Unnecessary Reporting or 
Paperwork Requirements in the Federal Railroad Administration.--
        (1) Review.--The Administrator of the Federal Railroad 
    Administration (referred to in this subsection as the ``FRA 
    Administrator''), in consultation with the Administrator of the 
    Federal Transit Administration, shall conduct a review of existing 
    reporting and paperwork requirements in the Federal Railroad 
    Administration to determine if any such requirements are 
    duplicative or unnecessary.
        (2) Elimination of certain requirements.--If the FRA 
    Administrator determines, as a result of the review conducted 
    pursuant to paragraph (1), that any reporting or paperwork 
    requirement that is not statutorily required is duplicative or 
    unnecessary, the FRA Administrator, after consultation with the 
    Administrator of the Federal Transit Administration, shall 
    terminate such requirement.
        (3) Report.--Not later than 1 year after the date of enactment 
    of this Act, the FRA Administrator shall submit a report to the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Transportation and Infrastructure of the House 
    of Representatives that--
            (A) identifies all of the reporting or paperwork 
        requirements that were terminated pursuant to paragraph (2); 
        and
            (B) identifies any statutory reporting or paperwork 
        requirements that are duplicative or unnecessary and should be 
        repealed.
    (b) Safety Reporting.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter for the following 4 
years, the Secretary shall update Special Study Block 49 on Form FRA F 
6180.54 (Rail Equipment Accident/Incident Report) to collect, with 
respect to trains involved in accidents required to be reported to the 
Federal Railroad Administration--
        (1) the number of cars and length of the involved trains; and
        (2) the number of crew members who were aboard a controlling 
    locomotive involved in an accident at the time of such accident.
SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN 7,500 FEET.
    (a) Study.--The Secretary shall seek to enter into an agreement 
with the National Academies to conduct a study on the operation of 
freight trains that are longer than 7,500 feet.
    (b) Elements.--The study conducted pursuant to subsection (a) 
shall--
        (1) examine any potential impacts to safety from the operation 
    of freight trains that are longer than 7,500 feet and the 
    mitigation of any identified risks, including--
            (A) any potential changes in the risk of loss of 
        communications between the end of train device and the 
        locomotive cab, including communications over differing 
        terrains and conditions;
            (B) any potential changes in the risk of loss of radio 
        communications between crew members when a crew member alights 
        from the train, including communications over differing 
        terrains and conditions;
            (C) any potential changes in the risk of derailments, 
        including any risks associated with in-train compressive forces 
        and slack action or other safety risks in the operations of 
        such trains in differing terrains and conditions;
            (D) any potential impacts associated with the deployment of 
        multiple distributed power units in the consists of such 
        trains; and
            (E) any potential impacts on braking and locomotive 
        performance and track wear and tear;
        (2) evaluate any impacts on scheduling and efficiency of 
    passenger operations and in the shipping of goods by freight as a 
    result of longer trains;
        (3) determine whether additional engineer and conductor 
    training is required for safely operating such trains;
        (4) assess the potential impact on the amount of time and 
    frequency of occurrence highway-rail grade crossings are occupied; 
    and
        (5) identify any potential environmental impacts, including 
    greenhouse gas emissions, that have resulted from the operation of 
    longer trains.
    (c) Comparison.--When evaluating the potential impacts of the 
operation of trains longer than 7,500 feet under subsection (b), the 
impacts of such trains shall be compared to the impacts of trains that 
are shorter than 7,500 feet, after taking into account train frequency.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
that contains the results of the study conducted by the National 
Academies under this section.
    (e) Funding.--From the amounts appropriated for fiscal year 2021 
pursuant to the authorization under section 20117(a) of title 49, 
United States Code, the Secretary shall expend not less than $1,000,000 
and not more than $2,000,000 to carry out the study required under this 
section.
SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS.
    (a) In General.--Section 17 of the Noise Control Act of 1972 (42 
U.S.C. 4916) is amended--
        (1) by redesignating subsections (c) and (d) as subsections (d) 
    and (e), respectively; and
        (2) by inserting after subsection (b) the following:
    ``(c) High-speed Train Noise Emissions.--
        ``(1) In general.--The Secretary of Transportation, in 
    consultation with the Administrator, may prescribe regulations 
    governing railroad-related noise emission standards for trains 
    operating on the general railroad system of transportation at 
    speeds exceeding 160 miles per hour, including noise related to 
    magnetic levitation systems and other new technologies not 
    traditionally associated with railroads.
        ``(2) Factors in rulemaking.--The regulations prescribed 
    pursuant to paragraph (1) may--
            ``(A) consider variances in maximum pass-by noise with 
        respect to the speed of the equipment;
            ``(B) account for current engineering best practices; and
            ``(C) encourage the use of noise mitigation techniques to 
        the extent reasonable if the benefits exceed the costs.
        ``(3) Conventional-speed trains.--Railroad-related noise 
    regulations prescribed under subsection (a) shall continue to 
    govern noise emissions from the operation of trains, including 
    locomotives and rail cars, when operating at speeds not exceeding 
    160 miles per hour.''.
    (b) Technical Amendment.--The second sentence of section 17(b) of 
the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by 
striking ``the Safety Appliance Acts, the Interstate Commerce Act, and 
the Department of Transportation Act'' and inserting ``subtitle V of 
title 49, United States Code''.
SEC. 22424. CRITICAL INCIDENT STRESS PLANS.
    The Secretary shall amend part 272 of title 49, Code of Federal 
Regulations, to the extent necessary to ensure that--
        (1) the coverage of a critical incident stress plan under 
    section 272.7 of such part includes employees of commuter railroads 
    and intercity passenger railroads (as such terms are defined in 
    section 272.9 of such part), including employees who directly 
    interact with passengers; and
        (2) an assault against an employee requiring medical attention 
    is included in the definition of critical incident under section 
    272.9 of such part.
SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO SERVICE 
IN THE UNITED STATES.
    (a) In General.--Subchapter II of chapter 201 of subtitle V of 
title 49, United States Code (as amended by section 22416(a)), is 
amended by adding at the end the following:
``Sec. 20171. Requirements for railroad freight cars placed into 
     service in the United States
    ``(a) Definitions.--In this section:
        ``(1) Component.--The term `component' means a part or 
    subassembly of a railroad freight car.
        ``(2) Control.--The term `control' means the power, whether 
    direct or indirect and whether or not exercised, through the 
    ownership of a majority or a dominant minority of the total 
    outstanding voting interest in an entity, representation on the 
    board of directors of an entity, proxy voting on the board of 
    directors of an entity, a special share in the entity, a 
    contractual arrangement with the entity, a formal or informal 
    arrangement to act in concert with an entity, or any other means, 
    to determine, direct, make decisions, or cause decisions to be made 
    for the entity.
        ``(3) Cost of sensitive technology.--The term `cost of 
    sensitive technology' means the aggregate cost of the sensitive 
    technology located on a railroad freight car.
        ``(4) Country of concern.--The term `country of concern' means 
    a country that--
            ``(A) is identified by the Department of Commerce as a 
        nonmarket economy country (as defined in section 771(18) of the 
        Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of 
        enactment of the Passenger Rail Expansion and Rail Safety Act 
        of 2021;
            ``(B) was identified by the United States Trade 
        Representative in the most recent report required by section 
        182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign 
        country included on the priority watch list (as defined in 
        subsection (g)(3) of such section); and
            ``(C) is subject to monitoring by the Trade Representative 
        under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
        ``(5) Net cost.--The term `net cost' has the meaning given such 
    term in chapter 4 of the USMCA or any subsequent free trade 
    agreement between the United States, Mexico, and Canada.
        ``(6) Qualified facility.--The term `qualified facility' means 
    a facility that is not owned or under the control of a state-owned 
    enterprise.
        ``(7) Qualified manufacturer.--The term `qualified 
    manufacturer' means a railroad freight car manufacturer that is not 
    owned or under the control of a state-owned enterprise.
        ``(8) Railroad freight car.--The term `railroad freight car' 
    means a car designed to carry freight or railroad personnel by 
    rail, including--
            ``(A) a box car;
            ``(B) a refrigerator car;
            ``(C) a ventilator car;
            ``(D) an intermodal well car;
            ``(E) a gondola car;
            ``(F) a hopper car;
            ``(G) an auto rack car;
            ``(H) a flat car;
            ``(I) a special car;
            ``(J) a caboose car;
            ``(K) a tank car; and
            ``(L) a yard car.
        ``(9) Sensitive technology.--The term `sensitive technology' 
    means any device embedded with electronics, software, sensors, or 
    other connectivity, that enables the device to connect to, collect 
    data from, or exchange data with another device, including--
            ``(A) onboard telematics;
            ``(B) remote monitoring software;
            ``(C) firmware;
            ``(D) analytics;
            ``(E) global positioning system satellite and cellular 
        location tracking systems;
            ``(F) event status sensors;
            ``(G) predictive component condition and performance 
        monitoring sensors; and
            ``(H) similar sensitive technologies embedded into freight 
        railcar components and sub-assemblies.
        ``(10) State-owned enterprise.--The term `state-owned 
    enterprise' means--
            ``(A) an entity that is owned by, or under the control of, 
        a national, provincial, or local government of a country of 
        concern, or an agency of such government; or
            ``(B) an individual acting under the direction or influence 
        of a government or agency described in subparagraph (A).
        ``(11) Substantially transformed.--The term `substantially 
    transformed' means a component of a railroad freight car that 
    undergoes an applicable change in tariff classification as a result 
    of the manufacturing process, as described in chapter 4 and related 
    annexes of the USMCA or any subsequent free trade agreement between 
    the United States, Mexico, and Canada.
        ``(12) USMCA.--The term `USMCA' has the meaning given the term 
    in section 3 of the United States-Mexico-Canada Agreement 
    Implementation Act (19 U.S.C. 4502).
    ``(b) Requirements for Railroad Freight Cars.--
        ``(1) Limitation on railroad freight cars.--A railroad freight 
    car wholly manufactured on or after the date that is 1 year after 
    the date of issuance of the regulations required under subsection 
    (c)(1) may only operate on the United States general railroad 
    system of transportation if--
            ``(A) the railroad freight car is manufactured, assembled, 
        and substantially transformed, as applicable, by a qualified 
        manufacturer in a qualified facility;
            ``(B) none of the sensitive technology located on the 
        railroad freight car, including components necessary to the 
        functionality of the sensitive technology, originates from a 
        country of concern or is sourced from a state-owned enterprise; 
        and
            ``(C) none of the content of the railroad freight car, 
        excluding sensitive technology, originates from a country of 
        concern or is sourced from a state-owned enterprise that has 
        been determined by a recognized court or administrative agency 
        of competent jurisdiction and legal authority to have violated 
        or infringed valid United States intellectual property rights 
        of another including such a finding by a Federal district court 
        under title 35 or the U.S. International Trade Commission under 
        section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).
        ``(2) Limitation on railroad freight car content.--
            ``(A) Percentage limitation.--
                ``(i) Initial limitation.--Not later than 1 year after 
            the date of issuance of the regulations required under 
            subsection (c)(1), a railroad freight car described in 
            paragraph (1) may operate on the United States general 
            railroad system of transportation only if not more than 20 
            percent of the content of the railroad freight car, 
            calculated by the net cost of all components of the car and 
            excluding the cost of sensitive technology, originates from 
            a country of concern or is sourced from a state-owned 
            enterprise.
                ``(ii) Subsequent limitation.--Effective beginning on 
            the date that is 3 years after the date of issuance of the 
            regulations required under subsection (c)(1), a railroad 
            freight car described in paragraph (1) may operate on the 
            United States general railroad system of transportation 
            only if not more than 15 percent of the content of the 
            railroad freight car, calculated by the net cost of all 
            components of the car and excluding the cost of sensitive 
            technology, originates from a country of concern or is 
            sourced from a state-owned enterprise.
            ``(B) Conflict.--The percentages specified in clauses (i) 
        and (ii) of subparagraph (A), as applicable, shall apply 
        notwithstanding any apparent conflict with provisions of 
        chapter 4 of the USMCA.
    ``(c) Regulations and Penalties.--
        ``(1) Regulations required.--Not later than 2 years after the 
    date of enactment of the Passenger Rail Expansion and Rail Safety 
    Act of 2021, the Secretary of Transportation shall issue such 
    regulations as are necessary to carry out this section, including 
    for the monitoring and sensitive technology requirements of this 
    section.
        ``(2) Certification required.--To be eligible to provide a 
    railroad freight car for operation on the United States general 
    railroad system of transportation, the manufacturer of such car 
    shall annually certify to the Secretary of Transportation that any 
    railroad freight cars to be so provided meet the requirements under 
    this section.
        ``(3) Compliance.--
            ``(A) Valid certification required.--At the time a railroad 
        freight car begins operation on the United States general 
        railroad system of transportation, the manufacturer of such 
        railroad freight car shall have valid certification described 
        in paragraph (2) for the year in which such car begins 
        operation.
            ``(B) Registration of noncompliant cars prohibited.--A 
        railroad freight car manufacturer may not register, or cause to 
        be registered, a railroad freight car that does not comply with 
        the requirements under this section in the Association of 
        American Railroad's Umler system.
        ``(4) Civil penalties.--
            ``(A) In general.--Pursuant to section 21301, the Secretary 
        of Transportation may assess a civil penalty of not less than 
        $100,000, but not more than $250,000, for each violation of 
        this section for each railroad freight car.
            ``(B) Prohibition on operation for violations.--The 
        Secretary of Transportation may prohibit a railroad freight car 
        manufacturer with respect to which the Secretary has assessed 
        more than 3 violations under subparagraph (A) from providing 
        additional railroad freight cars for operation on the United 
        States general railroad system of transportation until the 
        Secretary determines--
                ``(i) such manufacturer is in compliance with this 
            section; and
                ``(ii) all civil penalties assessed to such 
            manufacturer pursuant to subparagraph (A) have been paid in 
            full.''.
    (b) Clerical Amendment.--The analysis for chapter 201 of subtitle V 
of title 49, United States Code (as amended by section 22416(b)), is 
amended by adding at the end the following:
``20171. Requirements for railroad freight cars placed into service in 
          the United States.''.
SEC. 22426. RAILROAD POINT OF CONTACT FOR PUBLIC SAFETY ISSUES.
    All railroads shall--
        (1) provide railroad contact information for public safety 
    issues, including a telephone number, to the relevant Federal, 
    State, and local oversight agencies; and
        (2) post the information described in paragraph (1) on a 
    publicly accessible website.
SEC. 22427. CONTROLLED SUBSTANCES TESTING FOR MECHANICAL EMPLOYEES.
    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall amend the regulations under part 219 of title 49, 
Code of Federal Regulations, to require all mechanical employees of 
railroads to be subject to all of the breath or body fluid testing set 
forth in subpart C, D, and E of such part, including random testing, 
reasonable suspicion testing, reasonable cause testing, pre-employment 
testing, return-to-duty testing, and follow-up testing.

                    TITLE III--MOTOR CARRIER SAFETY

SEC. 23001. AUTHORIZATION OF APPROPRIATIONS.
    (a) Administrative Expenses.--Section 31110 of title 49, United 
States Code, is amended by striking subsection (a) and inserting the 
following:
    ``(a) Administrative Expenses.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to pay administrative 
expenses of the Federal Motor Carrier Safety Administration--
        ``(1) $360,000,000 for fiscal year 2022;
        ``(2) $367,500,000 for fiscal year 2023;
        ``(3) $375,000,000 for fiscal year 2024;
        ``(4) $382,500,000 for fiscal year 2025; and
        ``(5) $390,000,000 for fiscal year 2026.''.
    (b) Financial Assistance Programs.--Section 31104 of title 49, 
United States Code, is amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) Financial Assistance Programs.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account)--
        ``(1) subject to subsection (c), to carry out the motor carrier 
    safety assistance program under section 31102 (other than the high 
    priority program under subsection (l) of that section)--
            ``(A) $390,500,000 for fiscal year 2022;
            ``(B) $398,500,000 for fiscal year 2023;
            ``(C) $406,500,000 for fiscal year 2024;
            ``(D) $414,500,000 for fiscal year 2025; and
            ``(E) $422,500,000 for fiscal year 2026;
        ``(2) subject to subsection (c), to carry out the high priority 
    program under section 31102(l) (other than the commercial motor 
    vehicle enforcement training and support grant program under 
    paragraph (5) of that section)--
            ``(A) $57,600,000 for fiscal year 2022;
            ``(B) $58,800,000 for fiscal year 2023;
            ``(C) $60,000,000 for fiscal year 2024;
            ``(D) $61,200,000 for fiscal year 2025; and
            ``(E) $62,400,000 for fiscal year 2026;
        ``(3) to carry out the commercial motor vehicle enforcement 
    training and support grant program under section 31102(l)(5), 
    $5,000,000 for each of fiscal years 2022 through 2026;
        ``(4) to carry out the commercial motor vehicle operators grant 
    program under section 31103--
            ``(A) $1,100,000 for fiscal year 2022;
            ``(B) $1,200,000 for fiscal year 2023;
            ``(C) $1,300,000 for fiscal year 2024;
            ``(D) $1,400,000 for fiscal year 2025; and
            ``(E) $1,500,000 for fiscal year 2026; and
        ``(5) subject to subsection (c), to carry out the financial 
    assistance program for commercial driver's license implementation 
    under section 31313--
            ``(A) $41,800,000 for fiscal year 2022;
            ``(B) $42,650,000 for fiscal year 2023;
            ``(C) $43,500,000 for fiscal year 2024;
            ``(D) $44,350,000 for fiscal year 2025; and
            ``(E) $45,200,000 for fiscal year 2026.'';
        (2) in subsection (b)(2)--
            (A) in the third sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(C) In-kind contributions.--The Secretary'';
            (B) in the second sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(B) Limitation.--The Secretary'';
            (C) in the first sentence--
                (i) by inserting ``(except subsection (l)(5) of that 
            section)'' after ``section 31102''; and
                (ii) by striking ``The Secretary'' and inserting the 
            following:
            ``(A) Reimbursement percentage.--
                ``(i) In general.--The Secretary''; and
            (D) in subparagraph (A) (as so designated), by adding at 
        the end the following:
                ``(ii) Commercial motor vehicle enforcement training 
            and support grant program.--The Secretary shall reimburse a 
            recipient, in accordance with a financial assistance 
            agreement made under section 31102(l)(5), an amount that is 
            equal to 100 percent of the costs incurred by the recipient 
            in a fiscal year in developing and implementing a training 
            program under that section.'';
        (3) in subsection (c)--
            (A) in the subsection heading, by striking ``Partner 
        Training and'';
            (B) in the first sentence--
                (i) by striking ``(4)'' and inserting ``(5)''; and
                (ii) by striking ``partner training and''; and
            (C) by striking the second sentence; and
        (4) in subsection (f)--
            (A) in paragraph (1), by striking ``for the next fiscal 
        year'' and inserting ``for the next 2 fiscal years'';
            (B) in paragraph (4), by striking ``for the next fiscal 
        year'' and inserting ``for the next 2 fiscal years'';
            (C) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (D) by inserting after paragraph (3) the following:
        ``(4) For grants made for carrying out section 31102(l)(5), for 
    the fiscal year in which the Secretary approves the financial 
    assistance agreement and for the next 4 fiscal years.''; and
        (5) in subsection (i)--
            (A) by striking ``Amounts not expended'' and inserting the 
        following:
        ``(1) In general.--Except as provided in paragraph (2), amounts 
    not expended''; and
            (B) by adding at the end the following:
        ``(2) Motor carrier safety assistance program.--Amounts made 
    available for the motor carrier safety assistance program 
    established under section 31102 (other than amounts made available 
    to carry out section 31102(l)) that are not expended by a recipient 
    during the period of availability shall be released back to the 
    Secretary for reallocation under that program.''.
    (c) Enforcement Data Updates.--Section 31102(h)(2)(A) of title 49, 
United States Code, is amended by striking ``2004 and 2005'' and 
inserting ``2014 and 2015''.
SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
    Section 4144 of the SAFETEA-LU (49 U.S.C. 31100 note; Public Law 
109-59) is amended--
        (1) in subsection (b)(1), in the second sentence, by inserting 
    ``, including small business motor carriers'' after ``industry''; 
    and
        (2) in subsection (d), by striking ``September 30, 2013'' and 
    inserting ``September 30, 2025''.
SEC. 23003. COMBATING HUMAN TRAFFICKING.
    Section 31102(l) of title 49, United States Code, is amended--
        (1) in paragraph (2)--
            (A) in subparagraph (G)(ii), by striking ``and'' at the 
        end;
            (B) by redesignating subparagraph (H) as subparagraph (J); 
        and
            (C) by inserting after subparagraph (G) the following:
            ``(H) support, through the use of funds otherwise available 
        for such purposes--
                ``(i) the recognition, prevention, and reporting of 
            human trafficking, including the trafficking of human 
            beings--

                    ``(I) in a commercial motor vehicle; or
                    ``(II) by any occupant, including the operator, of 
                a commercial motor vehicle;

                ``(ii) the detection of criminal activity or any other 
            violation of law relating to human trafficking; and
                ``(iii) enforcement of laws relating to human 
            trafficking;
            ``(I) otherwise support the recognition, prevention, and 
        reporting of human trafficking; and''; and
        (2) in paragraph (3)(D)--
            (A) in clause (ii), by striking ``and'' at the end;
            (B) in clause (iii), by striking the period at the end and 
        inserting a semicolon; and
            (C) by adding at the end the following:
                ``(iv) for the detection of, and enforcement actions 
            taken as a result of, criminal activity (including the 
            trafficking of human beings)--

                    ``(I) in a commercial motor vehicle; or
                    ``(II) by any occupant, including the operator, of 
                a commercial motor vehicle; and

                ``(v) in addition to any funds otherwise made available 
            for the recognition, prevention, and reporting of human 
            trafficking, to support the recognition, prevention, and 
            reporting of human trafficking.''.
SEC. 23004. IMMOBILIZATION GRANT PROGRAM.
    Section 31102(l) of title 49, United States Code, is amended by 
adding at the end the following:
        ``(4) Immobilization grant program.--
            ``(A) Definition of passenger-carrying commercial motor 
        vehicle.--In this paragraph, the term `passenger-carrying 
        commercial motor vehicle' has the meaning given the term 
        `commercial motor vehicle' in section 31301.
            ``(B) Establishment.--The Secretary shall establish an 
        immobilization grant program under which the Secretary shall 
        provide to States discretionary grants for the immobilization 
        or impoundment of passenger-carrying commercial motor vehicles 
        that--
                ``(i) are determined to be unsafe; or
                ``(ii) fail inspection.
            ``(C) List of criteria for immobilization.--The Secretary, 
        in consultation with State commercial motor vehicle entities, 
        shall develop a list of commercial motor vehicle safety 
        violations and defects that the Secretary determines warrant 
        the immediate immobilization of a passenger-carrying commercial 
        motor vehicle.
            ``(D) Eligibility.--A State shall be eligible to receive a 
        grant under this paragraph only if the State has the authority 
        to require the immobilization or impoundment of a passenger-
        carrying commercial motor vehicle--
                ``(i) with respect to which a motor vehicle safety 
            violation included in the list developed under subparagraph 
            (C) is determined to exist; or
                ``(ii) that is determined to have a defect included in 
            that list.
            ``(E) Use of funds.--A grant provided under this paragraph 
        may be used for--
                ``(i) the immobilization or impoundment of passenger-
            carrying commercial motor vehicles described in 
            subparagraph (D);
                ``(ii) safety inspections of those passenger-carrying 
            commercial motor vehicles; and
                ``(iii) any other activity relating to an activity 
            described in clause (i) or (ii), as determined by the 
            Secretary.
            ``(F) Secretary authorization.--The Secretary may provide 
        to a State amounts for the costs associated with carrying out 
        an immobilization program using funds made available under 
        section 31104(a)(2).''.
SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND SUPPORT.
    Section 31102(l) of title 49, United States Code (as amended by 
section 23004), is amended--
        (1) in paragraph (1), by striking ``(2) and (3)'' and inserting 
    ``(2) through (5)''; and
        (2) by adding at the end the following:
        ``(5) Commercial motor vehicle enforcement training and support 
    grant program.--
            ``(A) In general.--The Secretary shall administer a 
        commercial motor vehicle enforcement training and support grant 
        program funded under section 31104(a)(3), under which the 
        Secretary shall make discretionary grants to eligible entities 
        described in subparagraph (C) for the purposes described in 
        subparagraph (B).
            ``(B) Purposes.--The purposes of the grant program under 
        subparagraph (A) are--
                ``(i) to train non-Federal employees who conduct 
            commercial motor vehicle enforcement activities; and
                ``(ii) to develop related training materials.
            ``(C) Eligible entities.--An entity eligible for a 
        discretionary grant under the program described in subparagraph 
        (A) is a nonprofit organization that has--
                ``(i) expertise in conducting a training program for 
            non-Federal employees; and
                ``(ii) the ability to reach and involve in a training 
            program a target population of commercial motor vehicle 
            safety enforcement employees.''.
SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.
    (a) Definitions.--In this section:
        (1) Commercial motor vehicle.--The term ``commercial motor 
    vehicle'' has the meaning given the term in section 31132 of title 
    49, United States Code.
        (2) Study.--The term ``study'' means the study carried out 
    under subsection (b).
    (b) Study.--The Secretary shall carry out a comprehensive study--
        (1) to determine the causes of, and contributing factors to, 
    crashes that involve a commercial motor vehicle; and
        (2) to identify data requirements, data collection procedures, 
    reports, and any other measures that can be used to improve the 
    ability of States and the Secretary--
            (A) to evaluate future crashes involving commercial motor 
        vehicles;
            (B) to monitor crash trends and identify causes and 
        contributing factors; and
            (C) to develop effective safety improvement policies and 
        programs.
    (c) Design.--The study shall be designed to yield information that 
can be used to help policy makers, regulators, and law enforcement 
identify activities and other measures that are likely to lead to 
reductions in--
        (1) the frequency of crashes involving a commercial motor 
    vehicle;
        (2) the severity of crashes involving a commercial motor 
    vehicle; and
        (3) fatalities and injuries.
    (d) Consultation.--In designing and carrying out the study, the 
Secretary may consult with individuals or entities with expertise on--
        (1) crash causation and prevention;
        (2) commercial motor vehicles, commercial drivers, and motor 
    carriers, including passenger carriers;
        (3) highways and noncommercial motor vehicles and drivers;
        (4) Federal and State highway and motor carrier safety 
    programs;
        (5) research methods and statistical analysis; and
        (6) other relevant topics, as determined by the Secretary.
    (e) Public Comment.--The Secretary shall make available for public 
comment information about the objectives, methodology, implementation, 
findings, and other aspects of the study.
    (f) Reports.--As soon as practicable after the date on which the 
study is completed, the Secretary shall submit to Congress a report 
describing the results of the study and any legislative recommendations 
to facilitate reductions in the matters described in paragraphs (1) 
through (3) of subsection (c).
SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE.
    (a) Findings.--Congress finds that--
        (1) women make up 47 percent of the workforce of the United 
    States;
        (2) women are significantly underrepresented in the trucking 
    industry, holding only 24 percent of all transportation and 
    warehousing jobs and representing only--
            (A) 6.6 percent of truck drivers;
            (B) 12.5 percent of all workers in truck transportation; 
        and
            (C) 8 percent of freight firm owners;
        (3) given the total number of women truck drivers, women are 
    underrepresented in the truck-driving workforce; and
        (4) women truck drivers have been shown to be 20 percent less 
    likely than male counterparts to be involved in a crash.
    (b) Sense of Congress Regarding Women in Trucking.--It is the sense 
of Congress that the trucking industry should explore every opportunity 
to encourage and support the pursuit and retention of careers in 
trucking by women, including through programs that support recruitment, 
driver training, and mentorship.
    (c) Definitions.--In this section:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Federal Motor Carrier Safety Administration.
        (2) Board.--The term ``Board'' means the Women of Trucking 
    Advisory Board established under subsection (d)(1).
        (3) Large trucking company.--The term ``large trucking 
    company'' means a motor carrier (as defined in section 13102 of 
    title 49, United States Code) with more than 100 power units.
        (4) Mid-sized trucking company.--The term ``mid-sized trucking 
    company'' means a motor carrier (as defined in section 13102 of 
    title 49, United States Code) with not fewer than 11 power units 
    and not more than 100 power units.
        (5) Power unit.--The term ``power unit'' means a self-propelled 
    vehicle under the jurisdiction of the Federal Motor Carrier Safety 
    Administration.
        (6) Small trucking company.--The term ``small trucking 
    company'' means a motor carrier (as defined in section 13102 of 
    title 49, United States Code) with not fewer than 1 power unit and 
    not more than 10 power units.
    (d) Women of Trucking Advisory Board.--
        (1) Establishment.--To encourage women to enter the field of 
    trucking, the Administrator shall establish and facilitate an 
    advisory board, to be known as the ``Women of Trucking Advisory 
    Board'', to review and report on policies that--
            (A) provide education, training, mentorship, or outreach to 
        women in the trucking industry; and
            (B) recruit, retain, or advance women in the trucking 
        industry.
        (2) Membership.--
            (A) In general.--The Board shall be composed of not fewer 
        than 8 members whose backgrounds, experience, and 
        certifications allow those members to contribute balanced 
        points of view and diverse ideas regarding the matters 
        described in paragraph (3)(B).
            (B) Appointment.--
                (i) In general.--Not later than 270 days after the date 
            of enactment of this Act, the Administrator shall appoint 
            the members of the Board, of whom--

                    (I) not fewer than 1 shall be a representative of 
                large trucking companies;
                    (II) not fewer than 1 shall be a representative of 
                mid-sized trucking companies;
                    (III) not fewer than 1 shall be a representative of 
                small trucking companies;
                    (IV) not fewer than 1 shall be a representative of 
                nonprofit organizations in the trucking industry;
                    (V) not fewer than 1 shall be a representative of 
                trucking business associations;
                    (VI) not fewer than 1 shall be a representative of 
                independent owner-operators;
                    (VII) not fewer than 1 shall be a woman who is a 
                professional truck driver; and
                    (VIII) not fewer than 1 shall be a representative 
                of an institution of higher education or trucking trade 
                school.

                (ii) Diversity.--A member of the Board appointed under 
            any of subclauses (I) through (VIII) of clause (i) may not 
            be appointed under any other subclause of that clause.
            (C) Terms.--Each member shall be appointed for the life of 
        the Board.
            (D) Compensation.--A member of the Board shall serve 
        without compensation.
        (3) Duties.--
            (A) In general.--The Board shall identify--
                (i) barriers and industry trends that directly or 
            indirectly discourage women from pursuing and retaining 
            careers in trucking, including--

                    (I) any particular barriers and trends that impact 
                women minority groups;
                    (II) any particular barriers and trends that impact 
                women who live in rural, suburban, or urban areas; and
                    (III) any safety risks unique to women in the 
                trucking industry;

                (ii) ways in which the functions of trucking companies, 
            nonprofit organizations, training and education providers, 
            and trucking associations may be coordinated to facilitate 
            support for women pursuing careers in trucking;
                (iii) opportunities to expand existing opportunities 
            for women in the trucking industry; and
                (iv) opportunities to enhance trucking training, 
            mentorship, education, and advancement and outreach 
            programs that would increase the number of women in the 
            trucking industry.
            (B) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Board shall submit to the 
        Administrator a report containing the findings and 
        recommendations of the Board, including recommendations that 
        companies, associations, institutions, other organizations, or 
        the Administrator may adopt--
                (i) to address any industry trends identified under 
            subparagraph (A)(i);
                (ii) to coordinate the functions of trucking companies, 
            nonprofit organizations, and trucking associations in a 
            manner that facilitates support for women pursuing careers 
            in trucking;
                (iii)(I) to take advantage of any opportunities 
            identified under subparagraph (A)(iii); and
                (II) to create new opportunities to expand existing 
            scholarship opportunities for women in the trucking 
            industry; and
                (iv) to enhance trucking training, mentorship, 
            education, and outreach programs that are exclusive to 
            women.
        (4) Report to congress.--
            (A) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report describing--
                (i) the findings and recommendations of the Board under 
            paragraph (3)(B); and
                (ii) any actions taken by the Administrator to adopt 
            the recommendations of the Board (or an explanation of the 
            reasons for not adopting the recommendations).
            (B) Public availability.--The Administrator shall make the 
        report under subparagraph (A) publicly available--
                (i) on the website of the Federal Motor Carrier Safety 
            Administration; and
                (ii) in appropriate offices of the Federal Motor 
            Carrier Safety Administration.
        (5) Termination.--The Board shall terminate on submission of 
    the report to Congress under paragraph (4).
SEC. 23008. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR 
VEHICLES.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall solicit additional comment on the 
advance notice of proposed rulemaking entitled ``State Inspection 
Programs for Passenger-Carrier Vehicles'' (81 Fed. Reg. 24769 (April 
27, 2016)).
    (b) Final Rule.--
        (1) In general.--After reviewing all comments received in 
    response to the solicitation under subsection (a), if the Secretary 
    determines that data and information exist to support moving 
    forward with a final rulemaking action, the Secretary shall issue a 
    final rule relating to the advance notice of proposed rulemaking 
    described in that subsection.
        (2) Considerations.--In determining whether to issue a final 
    rule under paragraph (1), the Secretary shall consider the impact 
    of continuing to allow self-inspection as a means to satisfy 
    periodic inspection requirements on the safety of passenger carrier 
    operations.
SEC. 23009. TRUCK LEASING TASK FORCE.
    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Secretary of Labor, shall establish a task force, to be known as the 
``Truck Leasing Task Force'' (referred to in this section as the ``Task 
Force'').
    (b) Membership.--
        (1) In general.--The Secretary shall select not more than 10 
    individuals to serve as members of the Task Force, including at 
    least 1 representative from each of the following:
            (A) Labor organizations.
            (B) Motor carriers that provide lease-purchase agreements 
        to owner-operators.
            (C) Consumer protection groups.
            (D) Members of the legal profession who specialize in 
        consumer finance issues, including experience with lease-
        purchase agreements.
            (E) Owner-operators in the trucking industry with 
        experience regarding lease-purchase agreements.
            (F) Businesses that provide or are subject to lease-
        purchase agreements in the trucking industry.
        (2) Compensation.--A member of the Task Force shall serve 
    without compensation.
    (c) Duties.--The Task Force shall examine, at a minimum--
        (1) common truck leasing arrangements available to commercial 
    motor vehicle drivers, including lease-purchase agreements;
        (2) the terms of the leasing agreements described in paragraph 
    (1);
        (3)(A) the existence of inequitable leasing agreements and 
    terms in the motor carrier industry;
        (B) whether any such inequitable terms and agreements affect 
    the frequency of maintenance performed on vehicles subject to those 
    agreements; and
        (C) whether any such inequitable terms and agreements affect 
    whether a vehicle is kept in a general state of good repair;
        (4) specific agreements available to drayage drivers at ports 
    relating to the Clean Truck Program or any similar program to 
    decrease emissions from port operations;
        (5) the impact of truck leasing agreements on the net 
    compensation of commercial motor vehicle drivers, including port 
    drayage drivers;
        (6) whether truck leasing agreements properly incentivize the 
    safe operation of vehicles, including driver compliance with the 
    hours of service regulations and laws governing speed and safety 
    generally;
        (7) resources to assist commercial motor vehicle drivers in 
    assessing the financial impacts of leasing agreements; and
        (8)(A) the opportunity that equitable leasing agreements 
    provide for drivers to start or expand trucking companies; and
        (B) the history of motor carriers starting from single owner-
    operators.
    (d) Report.--On completion of the examination under subsection (c), 
the Task Force shall submit to the Secretary, the Secretary of Labor, 
and the appropriate committees of Congress a report containing--
        (1) the findings of the Task Force with respect to the matters 
    described in subsection (c);
        (2) best practices relating to--
            (A) assisting a commercial motor vehicle driver in 
        assessing the impacts of leasing agreements prior to entering 
        into such an agreement;
            (B) assisting a commercial motor vehicle driver who has 
        entered into a predatory lease agreement; and
            (C) preventing coercion and impacts on safety as described 
        in section 31136 of title 49, United States Code; and
        (3) recommendations relating to changes to laws (including 
    regulations), as applicable, at the Federal, State, or local level 
    to promote fair leasing agreements under which a commercial motor 
    vehicle driver, including a short haul driver, who is a party to 
    such an agreement is able to earn a rate commensurate with other 
    commercial motor vehicle drivers performing similar duties.
    (e) Termination.--Not later than 30 days after the date on which 
the report under subsection (d) is submitted, the Task Force shall 
terminate.
SEC. 23010. AUTOMATIC EMERGENCY BRAKING.
    (a) Definitions.--In this section:
        (1) Automatic emergency braking system.--The term ``automatic 
    emergency braking system'' means a system on a commercial motor 
    vehicle that, based on a predefined distance and closing rate with 
    respect to an obstacle in the path of the commercial motor 
    vehicle--
            (A) alerts the driver of the obstacle; and
            (B) if necessary to avoid or mitigate a collision with the 
        obstacle, automatically applies the brakes of the commercial 
        motor vehicle.
        (2) Commercial motor vehicle.--The term ``commercial motor 
    vehicle'' has the meaning given the term in section 31101 of title 
    49, United States Code.
    (b) Federal Motor Vehicle Safety Standard.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Secretary shall--
            (A) prescribe a motor vehicle safety standard under section 
        30111 of title 49, United States Code, that requires any 
        commercial motor vehicle subject to section 571.136 of title 
        49, Code of Federal Regulations (relating to Federal Motor 
        Vehicle Safety Standard Number 136) (or a successor regulation) 
        that is manufactured after the effective date of the standard 
        prescribed under this subparagraph to be equipped with an 
        automatic emergency braking system; and
            (B) as part of the standard under subparagraph (A), 
        establish performance requirements for automatic emergency 
        braking systems.
        (2) Considerations.--Prior to prescribing the motor vehicle 
    safety standard under paragraph (1)(A), the Secretary shall--
            (A) conduct a review of automatic emergency braking systems 
        in use in applicable commercial motor vehicles and address any 
        identified deficiencies with respect to those automatic 
        emergency braking systems in the rulemaking proceeding to 
        prescribe the standard, if practicable; and
            (B) consult with representatives of commercial motor 
        vehicle drivers regarding the experiences of drivers with 
        automatic emergency braking systems in use in applicable 
        commercial motor vehicles, including any malfunctions or 
        unwarranted activations of those automatic emergency braking 
        systems.
    (c) Federal Motor Carrier Safety Regulation.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall prescribe 
a regulation under section 31136 of title 49, United States Code, that 
requires that an automatic emergency braking system installed in a 
commercial motor vehicle manufactured after the effective date of the 
standard prescribed under subsection (b)(1)(A) that is in operation on 
or after that date and is subject to section 571.136 of title 49, Code 
of Federal Regulations (relating to Federal Motor Vehicle Safety 
Standard Number 136) (or a successor regulation) be used at any time 
during which the commercial motor vehicle is in operation.
    (d) Report on Automatic Emergency Braking in Other Commercial Motor 
Vehicles.--
        (1) Study.--Not later than 2 years after the date of enactment 
    of this Act, the Secretary shall complete a study on equipping a 
    variety of commercial motor vehicles not subject to section 571.136 
    of title 49, Code of Federal Regulations (relating to Federal Motor 
    Vehicle Safety Standard Number 136) (or a successor regulation) as 
    of that date of enactment with automatic emergency braking systems 
    to avoid or mitigate a collision with an obstacle in the path of 
    the commercial motor vehicle, including an assessment of the 
    feasibility, benefits, and costs associated with installing 
    automatic emergency braking systems on a variety of newly 
    manufactured commercial motor vehicles with a gross vehicle weight 
    rating greater than 10,001 pounds.
        (2) Independent research.--If the Secretary enters into a 
    contract with a third party to perform research relating to the 
    study required under paragraph (1), the Secretary shall ensure that 
    the third party does not have any financial or contractual ties to, 
    or relationships with--
            (A) a motor carrier that transports passengers or property 
        for compensation;
            (B) the motor carrier industry; or
            (C) an entity producing or supplying automatic emergency 
        braking systems.
        (3) Public comment.--Not later than 90 days after the date on 
    which the study under paragraph (1) is completed, the Secretary 
    shall--
            (A) issue a notice in the Federal Register containing the 
        findings of the study; and
            (B) provide an opportunity for public comment.
        (4) Report to congress.--Not later than 90 days after the 
    conclusion of the public comment period under paragraph (3)(B), the 
    Secretary shall submit to the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committees on Transportation 
    and Infrastructure and Energy and Commerce of the House of 
    Representatives a report that includes--
            (A) the results of the study under paragraph (1);
            (B) a summary of any comments received under paragraph 
        (3)(B); and
            (C) a determination as to whether the Secretary intends to 
        develop performance requirements for automatic emergency 
        braking systems for applicable commercial motor vehicles, 
        including any analysis that led to that determination.
        (5) Rulemaking.--Not later than 2 years after the date on which 
    the study under paragraph (1) is completed, the Secretary shall--
            (A) determine whether a motor vehicle safety standard 
        relating to equipping the commercial motor vehicles described 
        in that paragraph with automatic emergency braking systems 
        would meet the requirements and considerations described in 
        subsections (a) and (b) of section 30111 of title 49, United 
        States Code; and
            (B) if the Secretary determines that a motor vehicle safety 
        standard described in subparagraph (A) would meet the 
        requirements and considerations described in that subparagraph, 
        initiate a rulemaking to prescribe such a motor vehicle safety 
        standard.
SEC. 23011. UNDERRIDE PROTECTION.
    (a) Definitions.--In this section:
        (1) Committee.--The term ``Committee'' means the Advisory 
    Committee on Underride Protection established under subsection 
    (d)(1).
        (2) Motor carrier.--The term ``motor carrier'' has the meaning 
    given the term in section 13102 of title 49, United States Code.
        (3) Passenger motor vehicle.--The term ``passenger motor 
    vehicle'' has the meaning given the term in section 32101 of title 
    49, United States Code.
        (4) Underride crash.--The term ``underride crash'' means a 
    crash in which a trailer or semitrailer intrudes into the passenger 
    compartment of a passenger motor vehicle.
    (b) Rear Underride Guards.--
        (1) Trailers and semitrailers.--
            (A) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall promulgate such 
        regulations as are necessary to revise sections 571.223 and 
        571.224 of title 49, Code of Federal Regulations (relating to 
        Federal Motor Vehicle Safety Standard Numbers 223 and 224, 
        respectively), to require trailers and semitrailers 
        manufactured after the date on which those regulations are 
        promulgated to be equipped with rear impact guards that are 
        designed to prevent passenger compartment intrusion from a 
        trailer or semitrailer when a passenger motor vehicle traveling 
        at 35 miles per hour makes--
                (i) an impact in which the passenger motor vehicle 
            impacts the center of the rear of the trailer or 
            semitrailer;
                (ii) an impact in which 50 percent of the width of the 
            passenger motor vehicle overlaps the rear of the trailer or 
            semitrailer; and
                (iii) an impact in which 30 percent of the width of the 
            passenger motor vehicle overlaps the rear of the trailer or 
            semitrailer, if the Secretary determines that a revision of 
            sections 571.223 and 571.224 of title 49, Code of Federal 
            Regulations (relating to Federal Motor Vehicle Safety 
            Standard Numbers 223 and 224, respectively) to address such 
            an impact would meet the requirements and considerations 
            described in subsections (a) and (b) of section 30111 of 
            title 49, United States Code.
            (B) Effective date.--The regulations promulgated under 
        subparagraph (A) shall require full compliance with each 
        Federal Motor Vehicle Safety Standard revised pursuant to those 
        regulations not later than 2 years after the date on which 
        those regulations are promulgated.
        (2) Additional research.--The Secretary shall conduct 
    additional research on the design and development of rear impact 
    guards that can--
            (A) prevent underride crashes in cases in which the 
        passenger motor vehicle is traveling at speeds of up to 65 
        miles per hour; and
            (B) protect passengers in passenger motor vehicles against 
        severe injury in crashes in which the passenger motor vehicle 
        is traveling at speeds of up to 65 miles per hour.
        (3) Review of standards.--Not later than 5 years after the date 
    on which the regulations under paragraph (1)(A) are promulgated, 
    the Secretary shall--
            (A) review the Federal Motor Vehicle Safety Standards 
        revised pursuant to those regulations and any other 
        requirements of those regulations relating to rear underride 
        guards on trailers or semitrailers to evaluate the need for 
        changes in response to advancements in technology; and
            (B) update those Federal Motor Vehicle Safety Standards and 
        those regulations accordingly.
        (4) Inspections.--
            (A) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall promulgate such 
        regulations as are necessary to revise the regulations relating 
        to minimum periodic inspection standards under appendix G to 
        subchapter B of chapter III of title 49, Code of Federal 
        Regulations, and the regulations relating to driver vehicle 
        inspection reports under section 396.11 of that title to 
        include requirements relating to rear impact guards and rear 
        end protection that are consistent with the requirements 
        described in section 393.86 of that title.
            (B) Considerations.--In revising the regulations described 
        in subparagraph (A), the Secretary shall consider it to be a 
        defect or a deficiency if a rear impact guard is missing an, or 
        has a corroded or compromised, element that affects the 
        structural integrity and protective feature of the rear impact 
        guard.
    (c) Side Underride Guards.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary shall--
            (A) complete additional research on side underride guards 
        to better understand the overall effectiveness of side 
        underride guards;
            (B) assess the feasibility, benefits, and costs of, and any 
        impacts on intermodal equipment, freight mobility (including 
        port operations), and freight capacity associated with, 
        installing side underride guards on newly manufactured trailers 
        and semitrailers with a gross vehicle weight rating of 10,000 
        pounds or more;
            (C) consider the unique structural and operational aspects 
        of--
                (i) intermodal chassis (as defined in section 340.2 of 
            title 46, Code of Federal Regulations; and
                (ii) pole trailers (as defined in section 390.5 of 
            title 49, Code of Federal Regulations; and
            (D) if warranted, develop performance standards for side 
        underride guards.
        (2) Independent research.--If the Secretary enters into a 
    contract with a third party to perform the research required under 
    paragraph (1)(A), the Secretary shall ensure that the third party 
    does not have any financial or contractual ties to, or 
    relationships with--
            (A) a motor carrier that transports passengers or property 
        for compensation;
            (B) the motor carrier industry; or
            (C) an entity producing or supplying underride guards.
        (3) Publication of assessment.--Not later than 90 days after 
    completion of the assessment required under paragraph (1)(B), the 
    Secretary shall--
            (A) issue a notice in the Federal Register containing the 
        findings of the assessment; and
            (B) provide an opportunity for public comment.
        (4) Report to congress.--Not later than 90 days after the 
    conclusion of the public comment period under paragraph (3)(B), the 
    Secretary shall submit to the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Transportation 
    and Infrastructure of the House of Representatives a report that 
    includes--
            (A) the results of the assessment under paragraph (1)(B);
            (B) a summary of any comments received by the Secretary 
        under paragraph (3)(B); and
            (C) a determination as to whether the Secretary intends to 
        develop performance requirements for side underride guards, 
        including any analysis that led to that determination.
    (d) Advisory Committee on Underride Protection.--
        (1) Establishment.--The Secretary shall establish an Advisory 
    Committee on Underride Protection to provide advice and 
    recommendations to the Secretary on safety regulations to reduce 
    underride crashes and fatalities relating to underride crashes.
        (2) Membership.--
            (A) In general.--The Committee shall be composed of not 
        more than 20 members, appointed by the Secretary, who--
                (i) are not employees of the Department; and
                (ii) are qualified to serve on the Committee because of 
            their expertise, training, or experience.
            (B) Representation.--The Committee shall include 2 
        representatives of each of the following:
                (i) Truck and trailer manufacturers.
                (ii) Motor carriers, including independent owner-
            operators.
                (iii) Law enforcement.
                (iv) Motor vehicle engineers.
                (v) Motor vehicle crash investigators.
                (vi) Truck safety organizations.
                (vii) The insurance industry.
                (viii) Emergency medical service providers.
                (ix) Families of underride crash victims.
                (x) Labor organizations.
        (3) Compensation.--Members of the Committee shall serve without 
    compensation.
        (4) Meetings.--The Committee shall meet not less frequently 
    than annually.
        (5) Support.--On request of the Committee, the Secretary shall 
    provide information, administrative services, and supplies 
    necessary for the Committee to carry out the duties of the 
    Committee.
        (6) Report.--The Committee shall submit to the Committee on 
    Commerce, Science, and Transportation of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives a biennial report that--
            (A) describes the advice and recommendations made to the 
        Secretary; and
            (B) includes an assessment of progress made by the 
        Secretary in advancing safety regulations relating to underride 
        crashes.
    (e) Data Collection.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall implement the 
recommendations described in the report of the Government 
Accountability Office entitled ``Truck Underride Guards: Improved Data 
Collection, Inspections, and Research Needed'', published on March 14, 
2019, and numbered GAO-19-264.
SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES.
    Section 13506(b) of title 49, United States Code, is amended--
        (1) in paragraph (2), by striking ``or'' at the end;
        (2) in paragraph (3), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
        ``(4) transportation by a motor vehicle designed or used to 
    transport not fewer than 9, and not more than 15, passengers 
    (including the driver), whether operated alone or with a trailer 
    attached for the transport of recreational equipment, if--
            ``(A) the motor vehicle is operated by a person that 
        provides recreational activities;
            ``(B) the transportation is provided within a 150 air-mile 
        radius of the location at which passengers initially boarded 
        the motor vehicle at the outset of the trip; and
            ``(C) in the case of a motor vehicle transporting 
        passengers over a route between a place in a State and a place 
        in another State, the person operating the motor vehicle is 
        lawfully providing transportation of passengers over the entire 
        route in accordance with applicable State law.''.
SEC. 23013. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF 
HOUSEHOLD GOODS IN INTERSTATE COMMERCE.
    (a) Definitions.--In this section:
        (1) Administration.--The term ``Administration'' means the 
    Federal Motor Carrier Safety Administration.
        (2) Covered carrier.--The term ``covered carrier'' means a 
    motor carrier that is--
            (A) engaged in the interstate transportation of household 
        goods; and
            (B) subject to the requirements of part 375 of title 49, 
        Code of Federal Regulations (as in effect on the effective date 
        of any amendments made pursuant to the notice of proposed 
        rulemaking issued under subsection (b)).
    (b) Amendments to Regulations.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue a notice of 
proposed rulemaking to amend, as the Secretary determines to be 
appropriate, regulations relating to the interstate transportation of 
household goods.
    (c) Considerations.--In issuing the notice of proposed rulemaking 
under subsection (b), the Secretary shall consider amending the 
following provisions of title 49, Code of Federal Regulations, in 
accordance with the following recommendations:
        (1) Section 375.207(b) to require each covered carrier to 
    include on the website of the covered carrier a link--
            (A) to the publication of the Administration entitled 
        ``Ready to Move-Tips for a Successful Interstate Move'' and 
        numbered ESA-03-005 on the website of the Administration; or
            (B) to a copy of the publication referred to in 
        subparagraph (A) on the website of the covered carrier.
        (2) Subsections (a) and (b)(1) of section 375.213 to require 
    each covered carrier to provide to each individual shipper, 
    together with any written estimate provided to the shipper, a copy 
    of the publication described in appendix A of part 375 of that 
    title, entitled ``Your Rights and Responsibilities When You Move'' 
    and numbered ESA-03-006 (or a successor publication), in the form 
    of a written copy or a hyperlink on the website of the covered 
    carrier to the location on the website of the Administration 
    containing that publication.
        (3) Section 375.213 to repeal subsection (e) of that section.
        (4) Section 375.401(a) to require each covered carrier--
            (A) to conduct a visual survey of the household goods to be 
        transported by the covered carrier--
                (i) in person; or
                (ii) virtually, using--

                    (I) a remote camera; or
                    (II) another appropriate technology;

            (B) to offer a visual survey described in subparagraph (A) 
        for all household goods shipments, regardless of the distance 
        between--
                (i) the location of the household goods; and
                (ii) the location of the agent of the covered carrier 
            preparing the estimate; and
            (C) to provide to each shipper a copy of the publication of 
        the Administration entitled ``Ready to Move-Tips for a 
        Successful Interstate Move'' and numbered ESA-03-005 on receipt 
        from the shipper of a request to schedule, or a waiver of, a 
        visual survey offered under subparagraph (B).
        (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and 
    375.405(b)(7)(ii), and subpart D of appendix A of part 375, to 
    require that, in any case in which a shipper tenders any additional 
    item or requests any additional service prior to loading a 
    shipment, the affected covered carrier shall--
            (A) prepare a new estimate; and
            (B) maintain a record of the date, time, and manner in 
        which the new estimate was accepted by the shipper.
        (6) Section 375.501(a), to establish that a covered carrier is 
    not required to provide to a shipper an order for service if the 
    covered carrier elects to provide the information described in 
    paragraphs (1) through (15) of that section in a bill of lading 
    that is presented to the shipper before the covered carrier 
    receives the shipment.
        (7) Subpart H of part 375, to replace the replace the terms 
    ``freight bill'' and ``expense bill'' with the term ``invoice''.
SEC. 23014. IMPROVING FEDERAL-STATE MOTOR CARRIER SAFETY ENFORCEMENT 
COORDINATION.
    (a) Definitions.--In this section:
        (1) Covered state.--The term ``covered State'' means a State 
    that receives Federal funds under the motor carrier safety 
    assistance program established under section 31102 of title 49, 
    United States Code.
        (2) Imminent hazard.--The term ``imminent hazard'' has the same 
    meaning as in section 521 of title 49, United States Code.
    (b) Review and Enforcement of State Out-of-service Orders.--As soon 
as practicable after the date of enactment of this Act, the Secretary 
shall publish in the Federal Register a process under which the 
Secretary shall review each out-of-service order issued by a covered 
State in accordance with section 31144(d) of title 49, United States 
Code, by not later than 30 days after the date on which the out-of-
service order is submitted to the Secretary by the covered State.
    (c) Review and Enforcement of State Imminent Hazard 
Determinations.--
        (1) In general.--As soon as practicable after the date of 
    enactment of this Act, the Secretary shall publish in the Federal 
    Register a process under which the Secretary shall review imminent 
    hazard determinations made by covered States.
        (2) Enforcement.--On reviewing an imminent hazard determination 
    under paragraph (1), the Secretary shall pursue enforcement under 
    section 521 of title 49, United States Code, as the Secretary 
    determines to be appropriate.
SEC. 23015. LIMOUSINE RESEARCH.
    (a) Definitions.--In this section:
        (1) Limousine.--The term ``limousine'' means a motor vehicle--
            (A) that has a seating capacity of 9 or more persons 
        (including the driver);
            (B) with a gross vehicle weight rating greater than 10,000 
        pounds but not greater than 26,000 pounds;
            (C) that the Secretary has determined by regulation has 
        physical characteristics resembling--
                (i) a passenger car;
                (ii) a multipurpose passenger vehicle; or
                (iii) a truck with a gross vehicle weight rating of 
            10,000 pounds or less; and
            (D) that is not a taxi, nonemergency medical, or 
        paratransit motor vehicle.
        (2) Limousine operator.--The term ``limousine operator'' means 
    a person who owns or leases, and uses, a limousine to transport 
    passengers for compensation.
        (3) Motor vehicle safety standard.--The term ``motor vehicle 
    safety standard'' has the meaning given the term in section 
    30102(a) of title 49, United States Code.
        (4) State.--The term ``State'' has the meaning given such term 
    in section 30102(a) of title 49, United States Code.
    (b) Crashworthiness.--
        (1) Research.--Not later than 4 years after the date of 
    enactment of this Act, the Secretary shall complete research into 
    the development of motor vehicle safety standards for side impact 
    protection, roof crush resistance, and air bag systems for the 
    protection of occupants in limousines with alternative seating 
    positions, including perimeter seating arrangements.
        (2) Rulemaking or report.--
            (A) Crashworthiness standards.--
                (i) In general.--Subject to clause (ii), not later than 
            2 years after the date on which the research under 
            paragraph (1) is completed, the Secretary shall prescribe, 
            for the protection of occupants in limousines with 
            alternative seating positions, a final motor vehicle safety 
            standard for each of the following:

                    (I) Side impact protection.
                    (II) Roof crush resistance.
                    (III) Air bag systems.

                (ii) Requirements and considerations.--The Secretary 
            may only prescribe a motor vehicle safety standard 
            described in clause (i) if the Secretary determines that 
            the standard meets the requirements and considerations 
            described in subsections (a) and (b) of section 30111 of 
            title 49, United States Code.
            (B) Report.--If the Secretary determines that a motor 
        vehicle safety standard described in subparagraph (A)(i) would 
        not meet the requirements and considerations described in 
        subsections (a) and (b) of section 30111 of title 49, United 
        States Code, the Secretary shall publish in the Federal 
        Register and submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report describing 
        the reasons for not prescribing the standard.
    (c) Evacuation.--
        (1) Research.--Not later than 2 years after the date of 
    enactment of this Act, the Secretary shall complete research into 
    safety features and standards that aid evacuation in the event that 
    an exit in the passenger compartment of a limousine is blocked.
        (2) Rulemaking or report.--
            (A) Limousine evacuation.--
                (i) In general.--Subject to clause (ii), not later than 
            2 years after the date on which the research under 
            paragraph (1) is completed, the Secretary shall prescribe a 
            final motor vehicle safety standard based on the results of 
            that research.
                (ii) Requirements and considerations.--The Secretary 
            may only prescribe a motor vehicle safety standard 
            described in clause (i) if the Secretary determines that 
            the standard meets the requirements and considerations 
            described in subsections (a) and (b) of section 30111 of 
            title 49, United States Code.
            (B) Report.--If the Secretary determines that a standard 
        described in subparagraph (A)(i) would not meet the 
        requirements and considerations described in subsections (a) 
        and (b) of section 30111 of title 49, United States Code, the 
        Secretary shall publish in the Federal Register and submit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a report describing the reasons for not 
        prescribing the standard.
    (d) Limousine Inspection Disclosure.--
        (1) In general.--A limousine operator may not introduce a 
    limousine into interstate commerce unless the limousine operator 
    has prominently disclosed in a clear and conspicuous notice, 
    including on the website of the operator if the operator has a 
    website, the following:
            (A) The date of the most recent inspection of the limousine 
        required under State or Federal law, if applicable.
            (B) The results of the inspection, if applicable.
            (C) Any corrective action taken by the limousine operator 
        to ensure the limousine passed inspection, if applicable.
        (2) Federal trade commission enforcement.--
            (A) In general.--The Federal Trade Commission shall enforce 
        this subsection in the same manner, by the same means, and with 
        the same jurisdiction, powers, and duties as though all 
        applicable terms and provisions of the Federal Trade Commission 
        Act (15 U.S.C. 41 et seq.) were incorporated into and made a 
        part of this subsection.
            (B) Treatment.--Any person who violates this subsection 
        shall be subject to the penalties and entitled to the 
        privileges and immunities provided in the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.).
        (3) Savings provision.--Nothing in this subsection limits the 
    authority of the Federal Trade Commission under any other provision 
    of law.
        (4) Effective date.--This subsection shall take effect on the 
    date that is 180 days after the date of enactment of this Act.
SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE.
    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives a report on the National Consumer 
Complaint Database of the Federal Motor Carrier Safety Administration.
    (b) Contents.--The report under subsection (a) shall include--
        (1) a review of the process and effectiveness of efforts to 
    review and follow-up on complaints submitted to the National 
    Consumer Complaint Database;
        (2) an identification of the top 5 complaint categories;
        (3) an identification of--
            (A) the process that the Federal Motor Carrier Safety 
        Administration uses to determine which entities to take 
        enforcement actions against; and
            (B) the top categories of enforcement actions taken by the 
        Federal Motor Carrier Safety Administration;
        (4) a review of the use of the National Consumer Complaint 
    Database website over the 5-year period ending on December 31, 
    2020, including information obtained by conducting interviews with 
    drivers, customers of movers of household goods, brokers, motor 
    carriers, including small business motor carriers, and other users 
    of the website to determine the usability of the website;
        (5) a review of efforts taken by the Federal Motor Carrier 
    Safety Administration to raise awareness of the National Consumer 
    Complaint Database; and
        (6) recommendations, as appropriate, including with respect to 
    methods--
            (A) for improving the usability of the National Consumer 
        Complaint Database website;
            (B) for improving the review of complaints;
            (C) for using data collected through the National Consumer 
        Complaint Database to identify bad actors;
            (D) to improve confidence and transparency in the complaint 
        process; and
            (E) for improving stakeholder awareness of and 
        participation in the National Consumer Complaint Database and 
        the complaint system, including improved communication about 
        the purpose of the National Consumer Complaint Database.
SEC. 23017. ELECTRONIC LOGGING DEVICE OVERSIGHT.
    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall submit to Congress a report analyzing the cost and 
effectiveness of electronic logging devices and detailing the 
processes--
        (1) used by the Federal Motor Carrier Safety Administration--
            (A) to review electronic logging device logs; and
            (B) to protect proprietary information and personally 
        identifiable information obtained from electronic logging 
        device logs; and
        (2) through which an operator may challenge or appeal a 
    violation notice issued by the Federal Motor Carrier Safety 
    Administration relating to an electronic logging device.
SEC. 23018. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM 
SUPPLIES.
    Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 
1999 (49 U.S.C. 31136 note; Public Law 106-159) is amended--
        (1) in subparagraph (B), by striking ``or'' at the end;
        (2) in subparagraph (C), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
            ``(D) drivers transporting livestock (as defined in section 
        602 of the Emergency Livestock Feed Assistance Act of 1988 (7 
        U.S.C. 1471) including insects) within a 150 air-mile radius 
        from the final destination of the livestock.''.
SEC. 23019. MODIFICATION OF RESTRICTIONS ON CERTAIN COMMERCIAL DRIVER'S 
LICENSES.
    The Administrator of the Federal Motor Carrier Safety 
Administration shall revise section 383.3(f)(3)(ii) of title 49, Code 
of Federal Regulations (or a successor regulation), to provide that a 
restricted commercial driver's license issued to an employee in a farm-
related service industry shall be limited to the applicable seasonal 
periods defined by the State issuing the restricted commercial driver's 
license, subject to the condition that the total number of days in any 
calendar year during which the restricted commercial driver's license 
is valid does not exceed 210.
SEC. 23020. REPORT ON HUMAN TRAFFICKING VIOLATIONS INVOLVING COMMERCIAL 
MOTOR VEHICLES.
    Not later than 3 years after the date of enactment of this Act, and 
every 3 years thereafter, the Secretary, acting through the Department 
of Transportation Advisory Committee on Human Trafficking established 
under section 5(a) of the Combating Human Trafficking in Commercial 
Vehicles Act (Public Law 115-99; 131 Stat. 2243), shall coordinate with 
the Attorney General to prepare and submit to Congress a report 
relating to human trafficking violations involving commercial motor 
vehicles, which shall include recommendations for countering human 
trafficking, including an assessment of previous best practices by 
transportation stakeholders.
SEC. 23021. BROKER GUIDANCE RELATING TO FEDERAL MOTOR CARRIER SAFETY 
REGULATIONS.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue guidance to clarify the 
definitions of the terms ``broker'' and ``bona fide agents'' in section 
371.2 of title 49, Code of Federal Regulations.
    (b) Considerations.--In issuing guidance under subsection (a), the 
Secretary shall take into consideration--
        (1) the extent to which technology has changed the nature of 
    freight brokerage;
        (2) the role of bona fide agents; and
        (3) other aspects of the freight transportation industry.
    (c) Dispatch Services.--In issuing guidance under subsection (a), 
the Secretary shall, at a minimum--
        (1) examine the role of a dispatch service in the 
    transportation industry;
        (2) examine the extent to which dispatch services could be 
    considered brokers or bona fide agents; and
        (3) clarify the level of financial penalties for unauthorized 
    brokerage activities under section 14916 of title 49, United States 
    Code, applicable to a dispatch service.
SEC. 23022. APPRENTICESHIP PILOT PROGRAM.
    (a) Definitions.--In this section:
        (1) Apprentice.--The term ``apprentice'' means an individual 
    who--
            (A) is under the age of 21; and
            (B) holds a commercial driver's license.
        (2) Commercial driver's license.--The term ``commercial 
    driver's license'' has the meaning given the term in section 31301 
    of title 49, United States Code.
        (3) Commercial motor vehicle.--The term ``commercial motor 
    vehicle'' has the meaning given the term in section 390.5 of title 
    49, Code of Federal Regulations (as in effect on the date of 
    enactment of this Act).
        (4) Driving time.--The term ``driving time'' has the meaning 
    given the term in section 395.2 of title 49, Code of Federal 
    Regulations (as in effect on the date of enactment of this Act).
        (5) Experienced driver.--The term ``experienced driver'' means 
    an individual who--
            (A) is not younger than 26 years of age;
            (B) has held a commercial driver's license for the 2-year 
        period ending on the date on which the individual serves as an 
        experienced driver under subsection (b)(2)(C)(ii);
            (C) during the 2-year period ending on the date on which 
        the individual serves as an experienced driver under subsection 
        (b)(2)(C)(ii), has had no--
                (i) preventable accidents reportable to the Department; 
            or
                (ii) pointed moving violations; and
            (D) has a minimum of 5 years of experience driving a 
        commercial motor vehicle in interstate commerce.
        (6) On-duty time.--The term ``on-duty time'' has the meaning 
    given the term in section 395.2 of title 49, Code of Federal 
    Regulations (as in effect on the date of enactment of this Act).
        (7) Pointed moving violation.--The term ``pointed moving 
    violation'' means a violation that results in points being added to 
    the license of a driver, or a similar comparable violation, as 
    determined by the Secretary.
    (b) Pilot Program.--
        (1) In general.--Not later than 60 days after the date of 
    enactment of this Act, the Secretary shall establish, in accordance 
    with section 31315(c) of title 49, United States Code, a pilot 
    program allowing employers to establish the apprenticeship programs 
    described in paragraph (2).
        (2) Description of apprenticeship program.--An apprenticeship 
    program referred to in paragraph (1) is a program that consists of 
    the following requirements:
            (A) 120-hour probationary period.--
                (i) In general.--The apprentice shall complete 120 
            hours of on-duty time, of which not less than 80 hours 
            shall be driving time in a commercial motor vehicle.
                (ii) Performance benchmarks.--To complete the 120-hour 
            probationary period under clause (i), the employer of an 
            apprentice shall determine that the apprentice is competent 
            in each of the following areas:

                    (I) Interstate, city traffic, rural 2-lane, and 
                evening driving.
                    (II) Safety awareness.
                    (III) Speed and space management.
                    (IV) Lane control.
                    (V) Mirror scanning.
                    (VI) Right and left turns.
                    (VII) Logging and complying with rules relating to 
                hours of service.

            (B) 280-hour probationary period.--
                (i) In general.--After completing the 120-hour 
            probationary period under subparagraph (A), an apprentice 
            shall complete 280 hours of on-duty time, of which not less 
            than 160 hours shall be driving time in a commercial motor 
            vehicle.
                (ii) Performance benchmarks.--To complete the 280-hour 
            probationary period under clause (i), the employer of an 
            apprentice shall determine that the apprentice is competent 
            in each of the following areas:

                    (I) Backing and maneuvering in close quarters.
                    (II) Pretrip inspections.
                    (III) Fueling procedures.
                    (IV) Weighing loads, weight distribution, and 
                sliding tandems.
                    (V) Coupling and uncoupling procedures.
                    (VI) Trip planning, truck routes, map reading, 
                navigation, and permits.

            (C) Restrictions for probationary periods.--During the 120-
        hour probationary period under subparagraph (A) and the 280-
        hour probationary period under subparagraph (B)--
                (i) an apprentice may only drive a commercial motor 
            vehicle that has--

                    (I) an automatic manual or automatic transmission;
                    (II) an active braking collision mitigation system;
                    (III) a forward-facing video event capture system; 
                and
                    (IV) a governed speed of 65 miles per hour--

                        (aa) at the pedal; and
                        (bb) under adaptive cruise control; and
                (ii) an apprentice shall be accompanied in the 
            passenger seat of the commercial motor vehicle by an 
            experienced driver.
            (D) Records retention.--The employer of an apprentice shall 
        maintain records, in a manner required by the Secretary, 
        relating to the satisfaction of the performance benchmarks 
        described in subparagraphs (A)(ii) and (B)(ii) by the 
        apprentice.
            (E) Reportable incidents.--If an apprentice is involved in 
        a preventable accident reportable to the Department or a 
        pointed moving violation while driving a commercial motor 
        vehicle as part of an apprenticeship program described in this 
        paragraph, the apprentice shall undergo remediation and 
        additional training until the apprentice can demonstrate, to 
        the satisfaction of the employer, competence in each of the 
        performance benchmarks described in subparagraphs (A)(ii) and 
        (B)(ii).
            (F) Completion of program.--An apprentice shall be 
        considered to have completed an apprenticeship program on the 
        date on which the apprentice completes the 280-hour 
        probationary period under subparagraph (B).
            (G) Minimum requirements.--
                (i) In general.--Nothing in this section prevents an 
            employer from imposing any additional requirement on an 
            apprentice participating in an apprenticeship program 
            established under this section.
                (ii) Technologies.--Nothing in this section prevents an 
            employer from requiring or installing in a commercial motor 
            vehicle any technology in addition to the technologies 
            described in subparagraph (C)(i).
        (3) Apprentices.--An apprentice may--
            (A) drive a commercial motor vehicle in interstate commerce 
        while participating in the 120-hour probationary period under 
        paragraph (2)(A) or the 280-hour probationary period under 
        paragraph (2)(B) pursuant to an apprenticeship program 
        established by an employer in accordance with this section; and
            (B) drive a commercial motor vehicle in interstate commerce 
        after the apprentice completes an apprenticeship program 
        described in paragraph (2), unless the Secretary determines 
        there exists a safety concern.
        (4) Limitation.--The Secretary may not allow more than 3,000 
    apprentices at any 1 time to participate in the pilot program 
    established under paragraph (1).
    (c) Termination.--Effective beginning on the date that is 3 years 
after the date of establishment of the pilot program under subsection 
(b)(1)--
        (1) the pilot program shall terminate; and
        (2) any driver under the age of 21 who has completed an 
    apprenticeship program described in subsection (b)(2) may drive a 
    commercial motor vehicle in interstate commerce, unless the 
    Secretary determines there exists a safety concern.
    (d) No Effect on License Requirement.--Nothing in this section 
exempts an apprentice from any requirement to hold a commercial 
driver's license in order to operate a commercial motor vehicle.
    (e) Data Collection.--The Secretary shall collect and analyze--
        (1) data relating to any incident in which an apprentice 
    participating in the pilot program established under subsection 
    (b)(1) is involved;
        (2) data relating to any incident in which a driver under the 
    age of 21 operating a commercial motor vehicle in intrastate 
    commerce is involved; and
        (3) such other data relating to the safety of apprentices aged 
    18 to 20 years operating in interstate commerce as the Secretary 
    determines to be necessary.
    (f) Limitation.--A driver under the age of 21 participating in the 
pilot program under this section may not--
        (1) transport--
            (A) a passenger; or
            (B) hazardous cargo; or
        (2) operate a commercial motor vehicle--
            (A) in special configuration; or
            (B) with a gross vehicle weight rating of more than 80,000 
        pounds.
    (g) Report to Congress.--Not later than 120 days after the date of 
conclusion of the pilot program under subsection (b), the Secretary 
shall submit to Congress a report including--
        (1) the findings and conclusions resulting from the pilot 
    program, including with respect to technologies or training 
    provided by commercial motor carriers for apprentices as part of 
    the pilot program to successfully improve safety;
        (2) an analysis of the safety record of apprentices 
    participating in the pilot program, as compared to other commercial 
    motor vehicle drivers;
        (3) the number of drivers that discontinued participation in 
    the apprenticeship program before completion;
        (4) a comparison of the safety records of participating drivers 
    before, during, and after the probationary periods under 
    subparagraphs (A) and (B) of subsection (b)(2);
        (5) a comparison, for each participating driver, of average on-
    duty time, driving time, and time spent away from home terminal 
    before, during, and after the probationary periods referred to in 
    paragraph (4); and
        (6) a recommendation, based on the data collected, regarding 
    whether the level of safety achieved by the pilot program is 
    equivalent to, or greater than, the level of safety for equivalent 
    commercial motor vehicle drivers aged 21 years or older.
    (h) Rule of Construction.--Nothing in this section affects the 
authority of the Secretary under section 31315 of title 49, United 
States Code, with respect to the pilot program established under 
subsection (b)(1), including the authority to revoke participation in, 
and terminate, the pilot program under paragraphs (3) and (4) of 
subsection (c) of that section.
    (i) Driver Compensation Study.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary, acting through the 
    Administrator of the Federal Motor Carrier Safety Administration, 
    shall offer to enter into a contract with the Transportation 
    Research Board under which the Transportation Research Board shall 
    conduct a study of the impacts of various methods of driver 
    compensation on safety and driver retention, including--
            (A) hourly pay;
            (B) payment for detention time; and
            (C) other payment methods used in the industry as of the 
        date on which the study is conducted.
        (2) Consultation.--In conducting the study under paragraph (1), 
    the Transportation Research Board shall consult with--
            (A) labor organizations representing commercial motor 
        vehicle drivers;
            (B) representatives of the motor carrier industry, 
        including owner-operators; and
            (C) such other stakeholders as the Transportation Research 
        Board determines to be relevant.
SEC. 23023. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY STANDARDS.
    (a) Limousine Standards.--
        (1) Safety belt and seating system standards for limousines.--
    Not later than 2 years after the date of enactment of this Act, the 
    Secretary shall prescribe a final rule that--
            (A) amends Federal Motor Vehicle Safety Standard Numbers 
        208, 209, and 210 to require to be installed in limousines on 
        each designated seating position, including on side-facing 
        seats--
                (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) Report on retrofit assessment for limousines.--Not later 
    than 2 years after the date of enactment of this Act, the Secretary 
    shall submit to the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Energy and 
    Commerce of the House of Representatives a report that assesses the 
    feasibility, benefits, and costs with respect to the application of 
    any requirement established under paragraph (1) to a limousine 
    introduced into interstate commerce before the date on which the 
    requirement takes effect.
    (b) Modifications of Certain Vehicles.--The final rule prescribed 
under subsection (a)(1) and any standards prescribed under subsection 
(b) or (c) of section 23015 shall apply to a person modifying a 
passenger motor vehicle (as defined in section 32101 of title 49, 
United States Code) that has already been purchased by the first 
purchaser (as defined in section 30102(b) of that title) by increasing 
the wheelbase of the vehicle to make the vehicle a limousine.
    (c) Application.--The requirements of this section apply 
notwithstanding section 30112(b)(1) of title 49, United States Code.

               TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
                   Subtitle A--Highway Traffic Safety

SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.
    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
        (1) Highway safety programs.--To carry out section 402 of title 
    23, United States Code--
            (A) $363,400,000 for fiscal year 2022;
            (B) $370,900,000 for fiscal year 2023;
            (C) $378,400,000 for fiscal year 2024;
            (D) $385,900,000 for fiscal year 2025; and
            (E) $393,400,000 for fiscal year 2026.
        (2) Highway safety research and development.--To carry out 
    section 403 of title 23, United States Code--
            (A) $186,000,000 for fiscal year 2022;
            (B) $190,000,000 for fiscal year 2023;
            (C) $194,000,000 for fiscal year 2024;
            (D) $198,000,000 for fiscal year 2025; and
            (E) $202,000,000 for fiscal year 2026.
        (3) High-visibility enforcement program.--To carry out section 
    404 of title 23, United States Code--
            (A) $36,400,000 for fiscal year 2022;
            (B) $38,300,000 for fiscal year 2023;
            (C) $40,300,000 for fiscal year 2024;
            (D) $42,300,000 for fiscal year 2025; and
            (E) $44,300,000 for fiscal year 2026.
        (4) National priority safety programs.--To carry out section 
    405 of title 23, United States Code--
            (A) $336,500,000 for fiscal year 2022;
            (B) $346,500,000 for fiscal year 2023;
            (C) $353,500,000 for fiscal year 2024;
            (D) $360,500,000 for fiscal year 2025; and
            (E) $367,500,000 for fiscal year 2026.
        (5) Administrative expenses.--For administrative and related 
    operating expenses of the National Highway Traffic Safety 
    Administration in carrying out chapter 4 of title 23, United States 
    Code, and this title--
            (A) $38,000,000 for fiscal year 2022;
            (B) $39,520,000 for fiscal year 2023;
            (C) $41,100,800 for fiscal year 2024;
            (D) $42,744,832 for fiscal year 2025; and
            (E) $44,454,625 for fiscal year 2026.
        (6) National driver register.--For the National Highway Traffic 
    Safety Administration to carry out chapter 303 of title 49, United 
    States Code--
            (A) $6,800,000 for fiscal year 2022;
            (B) $7,000,000 for fiscal year 2023;
            (C) $7,200,000 for fiscal year 2024;
            (D) $7,400,000 for fiscal year 2025; and
            (E) $7,600,000 for fiscal year 2026.
    (b) Prohibition on Other Uses.--Except as otherwise provided in 
chapter 4 of title 23, and chapter 303 of title 49, United States Code, 
the amounts made available under subsection (a) or any other provision 
of law from the Highway Trust Fund (other than the Mass Transit 
Account) for a program under those chapters--
        (1) shall only be used to carry out that program; and
        (2) may not be used by a State or local government for 
    construction purposes.
    (c) Applicability of Title 23.--Except as otherwise provided in 
chapter 4 of title 23, and chapter 303 of title 49, United States Code, 
the amounts made available under subsection (a) for fiscal years 2022 
through 2026 shall be available for obligation in the same manner as if 
those funds were apportioned under chapter 1 of title 23, United States 
Code.
    (d) Highway Safety General Requirements.--
        (1) In general.--Chapter 4 of title 23, United States Code, is 
    amended--
            (A) by redesignating sections 409 and 412 and sections 407 
        and 408, respectively; and
            (B) by inserting after section 405 the following:
``Sec. 406. General requirements for Federal assistance
    ``(a) Definition of Funded Project.--In this section, the term 
`funded project' means a project funded, in whole or in part, by a 
grant provided under section 402 or 405.
    ``(b) Regulatory Authority.--Each funded project shall be carried 
out in accordance with applicable regulations promulgated by the 
Secretary.
    ``(c) State Matching Requirements.--If a grant provided under this 
chapter requires any State to share in the cost of a funded project, 
the aggregate of the expenditures made by the State (including any 
political subdivision of the State) for highway safety activities 
during a fiscal year, exclusive of Federal funds, for carrying out the 
funded project (other than expenditures for planning or administration) 
shall be credited toward the non-Federal share of the cost of any other 
funded project (other than planning and administration) during that 
fiscal year, regardless of whether those expenditures were made in 
connection with the project.
    ``(d) Grant Application and Deadline.--
        ``(1) Applications.--To be eligible to receive a grant under 
    this chapter, a State shall submit to the Secretary an application 
    at such time, in such manner, and containing such information as 
    the Secretary may require.
        ``(2) Deadline.--The Secretary shall establish a single 
    deadline for the submission of applications under paragraph (1) to 
    enable the provision of grants under this chapter early in each 
    applicable fiscal year beginning after the date of submission.
    ``(e) Distribution of Funds to States.--Not later than 60 days 
after the later of the start of a fiscal year or the date of enactment 
of any appropriations Act making funds available to carry out this 
chapter for that fiscal year, the Secretary shall distribute to each 
State the portion of those funds to which the State is entitled for the 
applicable fiscal year.''.
        (2) Clerical amendment.--The analysis for chapter 4 of title 
    23, United States Code, is amended by striking the items relating 
    to sections 406 through 412 and inserting the following:
``406. General requirements for Federal assistance.
``407. Discovery and admission as evidence of certain reports and 
          surveys.
``408. Agency accountability.''.
SEC. 24102. HIGHWAY SAFETY PROGRAMS.
    (a) In General.--Section 402 of title 23, United States Code, is 
amended--
        (1) by striking ``accidents'' each place it appears and 
    inserting ``crashes'';
        (2) by striking ``accident'' each place it appears and 
    inserting ``crash'';
        (3) in subsection (a)--
            (A) in paragraph (1), by striking ``shall have'' and all 
        that follows through the period at the end and inserting the 
        following: ``shall have in effect a highway safety program 
        that--
                ``(i) is designed to reduce--

                    ``(I) traffic crashes; and
                    ``(II) deaths, injuries, and property damage 
                resulting from those crashes;

                ``(ii) includes--

                    ``(I) an approved, current, triennial highway 
                safety plan in accordance with subsection (k); and
                    ``(II) an approved grant application under 
                subsection (l) for the fiscal year;

                ``(iii) demonstrates compliance with the applicable 
            administrative requirements of subsection (b)(1); and
                ``(iv) is approved by the Secretary.'';
            (B) in paragraph (2)(A)--
                (i) in clause (ii), by striking ``occupant protection 
            devices (including the use of safety belts and child 
            restraint systems)'' and inserting ``safety belts'';
                (ii) in clause (vii), by striking ``and'' at the end;
                (iii) by redesignating clauses (iii) through (viii) as 
            clauses (iv) through (ix), respectively;
                (iv) by inserting after clause (ii) the following:
                ``(iii) to encourage more widespread and proper use of 
            child restraints, with an emphasis on underserved 
            populations;''; and
                (v) by adding at the end the following:
                ``(x) to reduce crashes caused by driver misuse or 
            misunderstanding of new vehicle technology;
                ``(xi) to increase vehicle recall awareness;
                ``(xii) to provide to the public information relating 
            to the risks of child heatstroke death when left unattended 
            in a motor vehicle after the motor is deactivated by the 
            operator;
                ``(xiii) to reduce injuries and deaths resulting from 
            the failure by drivers of motor vehicles to move to another 
            traffic lane or reduce the speed of the vehicle when law 
            enforcement, fire service, emergency medical services, or 
            other emergency or first responder vehicles are stopped or 
            parked on or next to a roadway with emergency lights 
            activated; and
                ``(xiv) to prevent crashes, injuries, and deaths caused 
            by unsecured vehicle loads;''; and
            (C) by adding at the end the following:
        ``(3) Additional considerations.--A State that has legalized 
    medicinal or recreational marijuana shall take into consideration 
    implementing programs in addition to the programs described in 
    paragraph (2)(A)--
            ``(A) to educate drivers regarding the risks associated 
        with marijuana-impaired driving; and
            ``(B) to reduce injuries and deaths resulting from 
        individuals driving motor vehicles while impaired by 
        marijuana.'';
        (4) in subsection (b)(1)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``may'' and inserting ``shall'';
            (B) by striking subparagraph (B) and inserting the 
        following:
            ``(B) provide for a comprehensive, data-driven traffic 
        safety program that results from meaningful public 
        participation and engagement from affected communities, 
        particularly those most significantly impacted by traffic 
        crashes resulting in injuries and fatalities;'';
            (C) in subparagraph (C), by striking ``authorized in 
        accordance with subparagraph (B)'';
            (D) in subparagraph (D), by striking ``with disabilities, 
        including those in wheelchairs'' and inserting ``, including 
        those with disabilities and those in wheelchairs'';
            (E) by striking subparagraph (E) and inserting the 
        following:
            ``(E) as part of a comprehensive program, support--
                ``(i) data-driven traffic safety enforcement programs 
            that foster effective community collaboration to increase 
            public safety; and
                ``(ii) data collection and analysis to ensure 
            transparency, identify disparities in traffic enforcement, 
            and inform traffic enforcement policies, procedures, and 
            activities; and''; and
            (F) in subparagraph (F)--
                (i) in clause (i), by striking ``national law 
            enforcement mobilizations and high-visibility'' and 
            inserting ``national, high-visibility'';
                (ii) in clause (iv), by striking ``and'' after the 
            semicolon at the end;
                (iii) in clause (v), by striking the period at the end 
            and inserting ``; and''; and
                (iv) by adding at the end the following:
                ``(vi) unless the State highway safety program is 
            developed by American Samoa, Guam, the Commonwealth of the 
            Northern Mariana Islands, or the United States Virgin 
            Islands, participation in the Fatality Analysis Reporting 
            System.'';
        (5) in subsection (c)--
            (A) in paragraph (1)--
                (i) by striking the paragraph designation and heading 
            and all that follows through ``Funds authorized'' and 
            inserting the following:
        ``(1) Use for state activities.--
            ``(A) In general.--The funds authorized''; and
                (ii) by adding at the end the following:
            ``(B) Neighboring states.--A State, acting in cooperation 
        with any neighboring State, may use funds provided under this 
        section for a highway safety program that may confer a benefit 
        on the neighboring State.'';
            (B) by striking paragraphs (2) and (3) and inserting the 
        following:
        ``(2) Apportionment to states.--
            ``(A) Definition of public road.--In this paragraph, the 
        term `public road' means any road that is--
                ``(i) subject to the jurisdiction of, and maintained 
            by, a public authority; and
                ``(ii) held open to public travel.
            ``(B) Apportionment.--
                ``(i) In general.--Except for the amounts identified in 
            section 403(f) and the amounts subject to subparagraph (C), 
            of the funds made available under this section--

                    ``(I) 75 percent shall be apportioned to each State 
                based on the ratio that, as determined by the most 
                recent decennial census--

                        ``(aa) the population of the State; bears to
                        ``(bb) the total population of all States; and

                    ``(II) 25 percent shall be apportioned to each 
                State based on the ratio that, subject to clause (ii)--

                        ``(aa) the public road mileage in each State; 
                    bears to
                        ``(bb) the total public road mileage in all 
                    States.
                ``(ii) Calculation.--For purposes of clause (i)(II), 
            public road mileage shall be--

                    ``(I) determined as of the end of the calendar year 
                preceding the year during which the funds are 
                apportioned;
                    ``(II) certified by the Governor of the State; and
                    ``(III) subject to approval by the Secretary.

            ``(C) Minimum apportionments.--The annual apportionment 
        under this section to--
                ``(i) each State shall be not less than \3/4\ of 1 
            percent of the total apportionment;
                ``(ii) the Secretary of the Interior shall be not less 
            than 2 percent of the total apportionment; and
                ``(iii) the United States Virgin Islands, Guam, 
            American Samoa, and the Commonwealth of the Northern 
            Mariana Islands shall be not less than \1/4\ of 1 percent 
            of the total apportionment.
            ``(D) Penalty.--
                ``(i) In general.--The funds apportioned under this 
            section to a State that does not have approved or in effect 
            a highway safety program described in subsection (a)(1) 
            shall be reduced by an amount equal to not less than 20 
            percent of the amount that would otherwise be apportioned 
            to the State under this section, until the date on which 
            the Secretary, as applicable--

                    ``(I) approves such a highway safety program; or
                    ``(II) determines that the State is implementing 
                such a program.

                ``(ii) Factor for consideration.--In determining the 
            amount of the reduction in funds apportioned to a State 
            under this subparagraph, the Secretary shall take into 
            consideration the gravity of the failure by the State to 
            secure approval, or to implement, a highway safety program 
            described in subsection (a)(1).
            ``(E) Limitations.--
                ``(i) In general.--A highway safety program approved by 
            the Secretary shall not include any requirement that a 
            State shall implement such a program by adopting or 
            enforcing any law, rule, or regulation based on a guideline 
            promulgated by the Secretary under this section requiring 
            any motorcycle operator aged 18 years or older, or a 
            motorcycle passenger aged 18 years or older, to wear a 
            safety helmet when operating or riding a motorcycle on the 
            streets and highways of that State.
                ``(ii) Effect of guidelines.--Nothing in this section 
            requires a State highway safety program to require 
            compliance with every uniform guideline, or with every 
            element of every uniform guideline, in every State.
        ``(3) Reapportionment.--
            ``(A) In general.--The Secretary shall promptly apportion 
        to a State any funds withheld from the State under paragraph 
        (2)(D) if the Secretary makes an approval or determination, as 
        applicable, described in that paragraph by not later than July 
        31 of the fiscal year for which the funds were withheld.
            ``(B) Continuing state failure.--If the Secretary 
        determines that a State fails to correct a failure to have 
        approved or in effect a highway safety program described in 
        subsection (a)(1) by the date described in subparagraph (A), 
        the Secretary shall reapportion the funds withheld from that 
        State under paragraph (2)(D) for the fiscal year to the other 
        States in accordance with the formula described in paragraph 
        (2)(B) by not later than the last day of the fiscal year.''; 
        and
            (C) in paragraph (4)--
                (i) by striking subparagraph (C);
                (ii) by redesignating subparagraphs (A) and (B) as 
            subparagraphs (B) and (A), respectively, and moving the 
            subparagraphs so as to appear in alphabetical order; and
                (iii) by adding at the end the following:
            ``(C) Special rule for school and work zones.--
        Notwithstanding subparagraph (B), a State may expend funds 
        apportioned to the State under this section to carry out a 
        program to purchase, operate, or maintain an automated traffic 
        enforcement system in a work zone or school zone.
            ``(D) Automated traffic enforcement system guidelines.--An 
        automated traffic enforcement system installed pursuant to 
        subparagraph (C) shall comply with such guidelines applicable 
        to speed enforcement camera systems and red light camera 
        systems as are established by the Secretary.'';
        (6) in subsection (k)--
            (A) by striking the subsection designation and heading and 
        all that follows through ``thereafter'' in paragraph (1) and 
        inserting the following:
    ``(k) Triennial Highway Safety Plan.--
        ``(1) In general.--For fiscal year 2024, and not less 
    frequently than once every 3 fiscal years thereafter'';
            (B) in paragraph (1), by striking ``for that fiscal year, 
        to develop and submit to the Secretary for approval a highway 
        safety plan'' and inserting ``for the 3 fiscal years covered by 
        the plan, to develop and submit to the Secretary for approval a 
        triennial highway safety plan'';
            (C) by striking paragraph (2) and inserting the following:
        ``(2) Timing.--Each State shall submit to the Secretary a 
    triennial highway safety plan by not later than July 1 of the 
    fiscal year preceding the first fiscal year covered by the plan.'';
            (D) in paragraph (3), by inserting ``triennial'' before 
        ``highway'';
            (E) in paragraph (4)--
                (i) in the matter preceding subparagraph (A)--

                    (I) by striking ``State highway safety plans'' and 
                inserting ``Each State triennial highway safety plan''; 
                and
                    (II) by inserting ``, with respect to the 3 fiscal 
                years covered by the plan, based on the information 
                available on the date of submission under paragraph 
                (2)'' after ``include'';

                (ii) in subparagraph (A)(ii), by striking ``annual 
            performance targets'' and inserting ``performance targets 
            that demonstrate constant or improved performance'';
                (iii) by striking subparagraph (B) and inserting the 
            following:
            ``(B) a countermeasure strategy for programming funds under 
        this section for projects that will allow the State to meet the 
        performance targets described in subparagraph (A), including a 
        description--
                ``(i) that demonstrates the link between the 
            effectiveness of each proposed countermeasure strategy and 
            those performance targets; and
                ``(ii) of the manner in which each countermeasure 
            strategy is informed by uniform guidelines issued by the 
            Secretary;'';
                (iv) in subparagraph (D)--

                    (I) by striking ``, State, local, or private''; and
                    (II) by inserting ``and'' after the semicolon at 
                the end;

                (v) in subparagraph (E)--

                    (I) by striking ``for the fiscal year preceding the 
                fiscal year to which the plan applies,''; and
                    (II) by striking ``performance targets set forth in 
                the previous year's highway safety plan; and'' and 
                inserting ``performance targets set forth in the most 
                recently submitted highway safety plan.''; and

                (vi) by striking subparagraph (F);
            (F) by striking paragraph (5) and inserting the following:
        ``(5) Performance measures.--The Secretary shall develop 
    minimum performance measures under paragraph (4)(A) in consultation 
    with the Governors Highway Safety Association.''; and
            (G) in paragraph (6)--
                (i) in the paragraph heading, by inserting 
            ``triennial'' before ``highway'';
                (ii) by redesignating subparagraphs (B) through (E) as 
            subparagraphs (C) through (F), respectively;
                (iii) in each of subparagraphs (C) through (F) (as so 
            redesignated), by inserting ``triennial'' before 
            ``highway'' each place it appears; and
                (iv) by striking subparagraph (A) and inserting the 
            following:
            ``(A) In general.--Except as provided in subparagraph (B), 
        the Secretary shall review and approve or disapprove a 
        triennial highway safety plan of a State by not later than 60 
        days after the date on which the plan is received by the 
        Secretary.
            ``(B) Additional information.--
                ``(i) In general.--The Secretary may request a State to 
            submit to the Secretary such additional information as the 
            Secretary determines to be necessary for review of the 
            triennial highway safety plan of the State.
                ``(ii) Extension of deadline.--On providing to a State 
            a request for additional information under clause (i), the 
            Secretary may extend the deadline to approve or disapprove 
            the triennial highway safety plan of the State under 
            subparagraph (A) for not more than an additional 90 days, 
            as the Secretary determines to be necessary to accommodate 
            that request, subject to clause (iii).
                ``(iii) Timing.--Any additional information requested 
            under clause (i) shall be submitted to the Secretary by not 
            later than 7 business days after the date of receipt by the 
            State of the request.'';
        (7) by inserting after subsection (k) the following:
    ``(l) Annual Grant Application and Reporting Requirements.--
        ``(1) Annual grant application.--
            ``(A) In general.--To be eligible to receive grant funds 
        under this chapter for a fiscal year, each State shall submit 
        to the Secretary an annual grant application that, as 
        determined by the Secretary--
                ``(i) demonstrates alignment with the approved 
            triennial highway safety plan of the State; and
                ``(ii) complies with the requirements under this 
            subsection.
            ``(B) Timing.--The deadline for submission of annual grant 
        applications under this paragraph shall be determined by the 
        Secretary in accordance with section 406(d)(2).
            ``(C) Contents.--An annual grant application under this 
        paragraph shall include, at a minimum--
                ``(i) such updates, as necessary, to any analysis 
            included in the triennial highway safety plan of the State;
                ``(ii) an identification of each project and 
            subrecipient to be funded by the State using the grants 
            during the upcoming grant year, subject to the condition 
            that the State shall separately submit, on a date other 
            than the date of submission of the annual grant 
            application, a description of any projects or subrecipients 
            to be funded, as that information becomes available;
                ``(iii) a description of the means by which the 
            strategy of the State to use grant funds was adjusted and 
            informed by the previous report of the State under 
            paragraph (2); and
                ``(iv) an application for any additional grants 
            available to the State under this chapter.
            ``(D) Review.--The Secretary shall review and approve or 
        disapprove an annual grant application under this paragraph by 
        not later than 60 days after the date of submission of the 
        application.
        ``(2) Reporting requirements.--Not later than 120 days after 
    the end of each fiscal year for which a grant is provided to a 
    State under this chapter, the State shall submit to the Secretary 
    an annual report that includes--
            ``(A) an assessment of the progress made by the State in 
        achieving the performance targets identified in the triennial 
        highway safety plan of the State, based on the most currently 
        available Fatality Analysis Reporting System data; and
            ``(B)(i) a description of the extent to which progress made 
        in achieving those performance targets is aligned with the 
        triennial highway safety plan of the State; and
            ``(ii) if applicable, any plans of the State to adjust a 
        strategy for programming funds to achieve the performance 
        targets.'';
        (8) in subsection (m)(1), by striking ``a State's highway 
    safety plan'' and inserting ``the applicable triennial highway 
    safety plan of the State''; and
        (9) by striking subsection (n) and inserting the following:
    ``(n) Public Transparency.--
        ``(1) In general.--The Secretary shall publicly release on a 
    Department of Transportation website, by not later than 45 calendar 
    days after the applicable date of availability--
            ``(A) each triennial highway safety plan approved by the 
        Secretary under subsection (k);
            ``(B) each State performance target under subsection (k); 
        and
            ``(C) an evaluation of State achievement of applicable 
        performance targets under subsection (k).
        ``(2) State highway safety plan website.--
            ``(A) In general.--In carrying out paragraph (1), the 
        Secretary shall establish a public website that is easily 
        accessible, navigable, and searchable for the information 
        required under that paragraph, in order to foster greater 
        transparency in approved State highway safety programs.
            ``(B) Contents.--The website established under subparagraph 
        (A) shall--
                ``(i) include the applicable triennial highway safety 
            plan, and the annual report, of each State submitted to, 
            and approved by, the Secretary under subsection (k); and
                ``(ii) provide a means for the public to search the 
            website for State highway safety program content required 
            under subsection (k), including--

                    ``(I) performance measures required by the 
                Secretary;
                    ``(II) progress made toward meeting the applicable 
                performance targets during the preceding program year;
                    ``(III) program areas and expenditures; and
                    ``(IV) a description of any sources of funds, other 
                than funds provided under this section, that the State 
                proposes to use to carry out the triennial highway 
                safety plan of the State.''.

    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect with respect to any grant application or State highway 
safety plan submitted under chapter 4 of title 23, United States Code, 
for fiscal year 2024 or thereafter.
SEC. 24103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
    Section 403 of title 23, United States Code, is amended--
        (1) by striking ``accident'' each place it appears and 
    inserting ``crash'';
        (2) in subsection (b)(1), in the matter preceding subparagraph 
    (A), by inserting ``, training, education,'' after ``demonstration 
    projects'';
        (3) in subsection (f)(1)--
            (A) by striking ``$2,500,000'' and inserting 
        ``$3,500,000''; and
            (B) by striking ``subsection 402(c) in each fiscal year 
        ending before October 1, 2015, and $443,989 of the total amount 
        available for apportionment to the States for highway safety 
        programs under section 402(c) in the period beginning on 
        October 1, 2015, and ending on December 4, 2015,'' and 
        inserting ``section 402(c) in each fiscal year'';
        (4) in subsection (h)--
            (A) in paragraph (2), by striking ``2017 through 2021 not 
        more than $26,560,000' to conduct the research described in 
        paragraph (1)'' and inserting ``2022 through 2025, not more 
        than $45,000,000 to conduct the research described in paragraph 
        (2)'';
            (B) in paragraph (5)(A), by striking ``section 
        30102(a)(6)'' and inserting ``section 30102(a)''; and
            (C) by redesignating paragraphs (1), (2), (3), (4), and (5) 
        as paragraphs (2), (3), (4), (5), and (1), respectively, and 
        moving the paragraphs so as to appear in numerical order; and
        (5) by adding at the end the following:
    ``(k) Child Safety Campaign.--
        ``(1) In general.--The Secretary shall carry out an education 
    campaign to reduce the incidence of vehicular heatstroke of 
    children left in passenger motor vehicles (as defined in section 
    30102(a) of title 49).
        ``(2) Advertising.--The Secretary may use, or authorize the use 
    of, funds made available to carry out this section to pay for the 
    development, production, and use of broadcast and print media 
    advertising and Internet-based outreach for the education campaign 
    under paragraph (1).
        ``(3) Coordination.--In carrying out the education campaign 
    under paragraph (1), the Secretary shall coordinate with--
            ``(A) interested State and local governments;
            ``(B) private industry; and
            ``(C) other parties, as determined by the Secretary.
    ``(l) Development of State Processes for Informing Consumers of 
Recalls.--
        ``(1) Definitions.--In this subsection:
            ``(A) Motor vehicle.--The term `motor vehicle' has the 
        meaning given the term in section 30102(a) of title 49.
            ``(B) Open recall.--The term `open recall' means a motor 
        vehicle recall--
                ``(i) for which a notification by a manufacturer has 
            been provided under section 30119 of title 49; and
                ``(ii) that has not been remedied under section 30120 
            of that title.
            ``(C) Program.--The term `program' means the program 
        established under paragraph (2)(A).
            ``(D) Registration.--The term `registration' means the 
        process for registering a motor vehicle in a State (including 
        registration renewal).
            ``(E) State.--The term `State' has the meaning given the 
        term in section 101(a).
        ``(2) Grants.--
            ``(A) Establishment of program.--Not later than 2 years 
        after the date of enactment of this subsection, the Secretary 
        shall establish a program under which the Secretary shall 
        provide grants to States for use in developing and implementing 
        State processes for informing each applicable owner and lessee 
        of a motor vehicle of any open recall on the motor vehicle at 
        the time of registration of the motor vehicle in the State, in 
        accordance with this paragraph.
            ``(B) Eligibility.--To be eligible to receive a grant under 
        the program, a State shall--
                ``(i) submit to the Secretary an application at such 
            time, in such manner, and containing such information as 
            the Secretary may require; and
                ``(ii) agree--

                    ``(I) to notify each owner or lessee of a motor 
                vehicle presented for registration in the State of any 
                open recall on that motor vehicle; and
                    ``(II) to provide to each owner or lessee of a 
                motor vehicle presented for registration, at no cost--

                        ``(aa) the open recall information for the 
                    motor vehicle; and
                        ``(bb) such other information as the Secretary 
                    may require.
            ``(C) Factors for consideration.--In selecting grant 
        recipients under the program, the Secretary shall take into 
        consideration the methodology of a State for--
                ``(i) identifying open recalls on a motor vehicle;
                ``(ii) informing each owner and lessee of a motor 
            vehicle of an open recall; and
                ``(iii) measuring performance in--

                    ``(I) informing owners and lessees of open recalls; 
                and
                    ``(II) remedying open recalls.

            ``(D) Performance period.--A grant provided under the 
        program shall require a performance period of 2 years.
            ``(E) Report.--Not later than 90 days after the date of 
        completion of the performance period under subparagraph (D), 
        each State that receives a grant under the program shall submit 
        to the Secretary a report that contains such information as the 
        Secretary considers to be necessary to evaluate the extent to 
        which open recalls have been remedied in the State.
            ``(F) No regulations required.--Notwithstanding any other 
        provision of law, the Secretary shall not be required to issue 
        any regulations to carry out the program.
        ``(3) Paperwork reduction act.--Chapter 35 of title 44 
    (commonly known as the `Paperwork Reduction Act') shall not apply 
    to information collected under the program.
        ``(4) Funding.--
            ``(A) In general.--For each of fiscal years 2022 through 
        2026, the Secretary shall obligate from funds made available to 
        carry out this section $1,500,000 to carry out the program.
            ``(B) Reallocation.--To ensure, to the maximum extent 
        practicable, that all amounts described in subparagraph (A) are 
        obligated each fiscal year, the Secretary, before the last day 
        of any fiscal year, may reallocate any of those amounts 
        remaining available to increase the amounts made available to 
        carry out any other activities authorized under this section.
    ``(m) Innovative Highway Safety Countermeasures.--
        ``(1) In general.--In conducting research under this section, 
    the Secretary shall evaluate the effectiveness of innovative 
    behavioral traffic safety countermeasures, other than traffic 
    enforcement, that are considered promising or likely to be 
    effective for the purpose of enriching revisions to the document 
    entitled `Countermeasures That Work: A Highway Safety 
    Countermeasure Guide for State Highway Safety Offices, Ninth 
    Edition' and numbered DOT HS 812 478 (or any successor document).
        ``(2) Treatment.--The research described in paragraph (1) shall 
    be in addition to any other research carried out under this 
    section.''.
SEC. 24104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS.
    Section 404(a) of title 23, United States Code, is amended by 
striking ``each of fiscal years 2016 through 2020'' and inserting 
``each of fiscal years 2022 through 2026''.
SEC. 24105. NATIONAL PRIORITY SAFETY PROGRAMS.
    (a) In General.--Section 405 of title 23, United States Code, is 
amended--
        (1) in subsection (a)--
            (A) by striking paragraphs (6) and (9);
            (B) by redesignating paragraphs (1) through (5) as 
        paragraphs (2) through (6), respectively;
            (C) by striking the subsection designation and heading and 
        all that follows through ``the following:'' in the matter 
        preceding paragraph (2) (as so redesignated) and inserting the 
        following:
    ``(a) Program Authority.--
        ``(1) In general.--Subject to the requirements of this section, 
    the Secretary shall--
            ``(A) manage programs to address national priorities for 
        reducing highway deaths and injuries; and
            ``(B) allocate funds for the purpose described in 
        subparagraph (A) in accordance with this subsection.'';
            (D) in paragraph (4) (as so redesignated), by striking 
        ``52.5 percent'' and inserting ``53 percent'';
            (E) in paragraph (7)--
                (i) by striking ``5 percent'' and inserting ``7 
            percent''; and
                (ii) by striking ``subsection (h)'' and inserting 
            ``subsection (g)'';
            (F) by redesignating paragraphs (8) and (10) as paragraphs 
        (10) and (11), respectively;
            (G) by inserting after paragraph (7) the following:
        ``(8) Preventing roadside deaths.--In each fiscal year, 1 
    percent of the funds provided under this section shall be allocated 
    among States that meet requirements with respect to preventing 
    roadside deaths under subsection (h).
        ``(9) Driver officer safety education.--In each fiscal year, 
    1.5 percent of the funds provided under this section shall be 
    allocated among States that meet requirements with respect to 
    driver and officer safety education under subsection (i).''; and
            (H) in paragraph (10) (as so redesignated)--
                (i) by striking ``(1) through (7)'' and inserting ``(2) 
            through (9)''; and
                (ii) by striking ``(b) through (h)'' and inserting 
            ``(b) through (i)'';
        (2) in subsection (b)--
            (A) in paragraph (1), by striking ``of Transportation'';
            (B) in paragraph (3)(B)(ii)(VI)(aa), by striking ``3-year'' 
        and inserting ``5-year''; and
            (C) in paragraph (4)--
                (i) in subparagraph (A), by striking clause (v) and 
            inserting the following:
                ``(v) implement programs--

                    ``(I) to recruit and train nationally certified 
                child passenger safety technicians among police 
                officers, fire and other first responders, emergency 
                medical personnel, and other individuals or 
                organizations serving low-income and underserved 
                populations;
                    ``(II) to educate parents and caregivers in low-
                income and underserved populations regarding the 
                importance of proper use and correct installation of 
                child restraints on every trip in a motor vehicle; and
                    ``(III) to purchase and distribute child restraints 
                to low-income and underserved populations; and''; and

                (ii) by striking subparagraph (B) and inserting the 
            following:
            ``(B) Requirements.--Each State that is eligible to receive 
        funds--
                ``(i) under paragraph (3)(A) shall use--

                    ``(I) not more than 90 percent of those funds to 
                carry out a project or activity eligible for funding 
                under section 402; and
                    ``(II) not less than 10 percent of those funds to 
                carry out subparagraph (A)(v); and

                ``(ii) under paragraph (3)(B) shall use not less than 
            10 percent of those funds to carry out the activities 
            described in subparagraph (A)(v).'';
        (3) in subsection (c)--
            (A) in paragraph (1)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``of Transportation''; and
                (ii) in subparagraph (D), by striking ``States; and'' 
            and inserting ``States, including the National EMS 
            Information System;'';
            (B) in paragraph (3)--
                (i) by striking the paragraph designation and heading 
            and all that follows through ``has a functioning'' in 
            subparagraph (A) and inserting the following:
        ``(3) Eligibility.--A State shall not be eligible to receive a 
    grant under this subsection for a fiscal year unless the State--
            ``(A) has certified to the Secretary that the State--
                ``(i) has a functioning'';
                (ii) in subparagraph (B)--

                    (I) by adding ``and'' after the semicolon at the 
                end; and
                    (II) by redesignating the subparagraph as clause 
                (ii) of subparagraph (A) and indenting the clause 
                appropriately;

                (iii) in subparagraph (C)--

                    (I) by adding ``and'' after the semicolon at the 
                end; and
                    (II) by redesignating the subparagraph as clause 
                (iii) of subparagraph (A) and indenting the clause 
                appropriately;

                (iv) by redesignating subparagraph (D) as subparagraph 
            (B);
                (v) in clause (vi) of subparagraph (B) (as so 
            redesignated), by striking ``; and'' and inserting a 
            period; and
                (vi) by striking subparagraph (E);
            (C) by striking paragraph (4) and inserting the following:
        ``(4) Use of grant amounts.--A State may use a grant received 
    under this subsection to make data program improvements to core 
    highway safety databases relating to quantifiable, measurable 
    progress in any significant data program attribute described in 
    paragraph (3)(B), including through--
            ``(A) software or applications to identify, collect, and 
        report data to State and local government agencies, and enter 
        data into State core highway safety databases, including crash, 
        citation or adjudication, driver, emergency medical services or 
        injury surveillance system, roadway, and vehicle data;
            ``(B) purchasing equipment to improve a process by which 
        data are identified, collated, and reported to State and local 
        government agencies, including technology for use by law 
        enforcement for near-real time, electronic reporting of crash 
        data;
            ``(C) improving the compatibility and interoperability of 
        the core highway safety databases of the State with national 
        data systems and data systems of other States, including the 
        National EMS Information System;
            ``(D) enhancing the ability of a State and the Secretary to 
        observe and analyze local, State, and national trends in crash 
        occurrences, rates, outcomes, and circumstances;
            ``(E) supporting traffic records improvement training and 
        expenditures for law enforcement, emergency medical, judicial, 
        prosecutorial, and traffic records professionals;
            ``(F) hiring traffic records professionals for the purpose 
        of improving traffic information systems (including a State 
        Fatal Accident Reporting System (FARS) liaison);
            ``(G) adoption of the Model Minimum Uniform Crash Criteria, 
        or providing to the public information regarding why any of 
        those criteria will not be used, if applicable;
            ``(H) supporting reporting criteria relating to emerging 
        topics, including--
                ``(i) impaired driving as a result of drug, alcohol, or 
            polysubstance consumption; and
                ``(ii) advanced technologies present on motor vehicles; 
            and
            ``(I) conducting research relating to State traffic safety 
        information systems, including developing programs to improve 
        core highway safety databases and processes by which data are 
        identified, collected, reported to State and local government 
        agencies, and entered into State core safety databases.''; and
            (D) by adding at the end the following:
        ``(6) Technical assistance.--
            ``(A) In general.--The Secretary shall provide technical 
        assistance to States, regardless of whether a State receives a 
        grant under this subsection, with respect to improving the 
        timeliness, accuracy, completeness, uniformity, integration, 
        and public accessibility of State safety data that are needed 
        to identify priorities for Federal, State, and local highway 
        and traffic safety programs, including on adoption by a State 
        of the Model Minimum Uniform Crash Criteria.
            ``(B) Funds.--The Secretary may use not more than 3 percent 
        of the amounts available under this subsection to carry out 
        subparagraph (A).'';
        (4) in subsection (d)--
            (A) in paragraph (4)--
                (i) in subparagraph (B)--

                    (I) by striking clause (iii) and inserting the 
                following:

                ``(iii) court support of impaired driving prevention 
            efforts, including--

                    ``(I) hiring criminal justice professionals, 
                including law enforcement officers, prosecutors, 
                traffic safety resource prosecutors, judges, judicial 
                outreach liaisons, and probation officers;
                    ``(II) training and education of those 
                professionals to assist the professionals in preventing 
                impaired driving and handling impaired driving cases, 
                including by providing compensation to a law 
                enforcement officer to carry out safety grant 
                activities to replace a law enforcement officer who is 
                receiving drug recognition expert training or 
                participating as an instructor in that drug recognition 
                expert training; and
                    ``(III) establishing driving while intoxicated 
                courts;'';
                    (II) by striking clause (v) and inserting the 
                following:

                ``(v) improving blood alcohol and drug concentration 
            screening and testing, detection of potentially impairing 
            drugs (including through the use of oral fluid as a 
            specimen), and reporting relating to testing and 
            detection;'';

                    (III) in clause (vi), by striking ``conducting 
                standardized field sobriety training, advanced roadside 
                impaired driving evaluation training, and'' and 
                inserting ``conducting initial and continuing 
                standardized field sobriety training, advanced roadside 
                impaired driving evaluation training, law enforcement 
                phlebotomy training, and'';
                    (IV) in clause (ix), by striking ``and'' at the 
                end;
                    (V) in clause (x), by striking the period at the 
                end and inserting ``; and''; and
                    (VI) by adding at the end the following:

                ``(xi) testing and implementing programs, and 
            purchasing technologies, to better identify, monitor, or 
            treat impaired drivers, including--

                    ``(I) oral fluid-screening technologies;
                    ``(II) electronic warrant programs;
                    ``(III) equipment to increase the scope, quantity, 
                quality, and timeliness of forensic toxicology chemical 
                testing;
                    ``(IV) case management software to support the 
                management of impaired driving offenders; and
                    ``(V) technology to monitor impaired-driving 
                offenders, and equipment and related expenditures used 
                in connection with impaired-driving enforcement in 
                accordance with criteria established by the National 
                Highway Traffic Safety Administration.''; and

                (ii) in subparagraph (C)--

                    (I) in the second sentence, by striking ``Medium-
                range'' and inserting the following:

                ``(ii) Medium-range and high-range states.--Subject to 
            clause (iii), medium-range'';

                    (II) in the first sentence, by striking ``Low-
                range'' and inserting the following:

                ``(i) Low-range states.--Subject to clause (iii), low-
            range''; and

                    (III) by adding at the end the following:

                ``(iii) Reporting and impaired driving measures.--A 
            State may use grant funds for any expenditure relating to--

                    ``(I) increasing the timely and accurate reporting 
                to Federal, State, and local databases of--

                        ``(aa) crash information, including electronic 
                    crash reporting systems that allow accurate real- 
                    or near-real-time uploading of crash information; 
                    and
                        ``(bb) impaired driving criminal justice 
                    information; or

                    ``(II) researching or evaluating impaired driving 
                countermeasures.'';

            (B) in paragraph (6)--
                (i) by striking subparagraph (A) and inserting the 
            following:
            ``(A) Grants to states with alcohol-ignition interlock 
        laws.--The Secretary shall make a separate grant under this 
        subsection to each State that--
                ``(i) adopts, and is enforcing, a mandatory alcohol-
            ignition interlock law for all individuals convicted of 
            driving under the influence of alcohol or of driving while 
            intoxicated;
                ``(ii) does not allow an individual convicted of 
            driving under the influence of alcohol or of driving while 
            intoxicated to receive any driving privilege or driver's 
            license unless the individual installs on each motor 
            vehicle registered, owned, or leased for operation by the 
            individual an ignition interlock for a period of not less 
            than 180 days; or
                ``(iii) has in effect, and is enforcing--

                    ``(I) a State law requiring for any individual who 
                is convicted of, or the driving privilege of whom is 
                revoked or denied for, refusing to submit to a chemical 
                or other appropriate test for the purpose of 
                determining the presence or concentration of any 
                intoxicating substance, a State law requiring a period 
                of not less than 180 days of ignition interlock 
                installation on each motor vehicle to be operated by 
                the individual; and
                    ``(II) a compliance-based removal program, under 
                which an individual convicted of driving under the 
                influence of alcohol or of driving while intoxicated 
                shall--

                        ``(aa) satisfy a period of not less than 180 
                    days of ignition interlock installation on each 
                    motor vehicle to be operated by the individual; and
                        ``(bb) have completed a minimum consecutive 
                    period of not less than 40 percent of the required 
                    period of ignition interlock installation 
                    immediately preceding the date of release of the 
                    individual, without a confirmed violation.''; and
                (ii) in subparagraph (D), by striking ``2009'' and 
            inserting ``2022''; and
            (C) in paragraph (7)(A), in the matter preceding clause 
        (i), by inserting ``or local'' after ``authorizes a State'';
        (5) in subsection (e)--
            (A) by striking paragraphs (6) and (8);
            (B) by redesignating paragraphs (1), (2), (3), (4), (5), 
        (7), and (9) as paragraphs (2), (4), (6), (7), (8), (9), and 
        (1), respectively, and moving the paragraphs so as to appear in 
        numerical order;
            (C) in paragraph (1) (as so redesignated)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``, the following definitions apply'';
                (ii) by striking subparagraph (B) and inserting the 
            following:
            ``(B) Personal wireless communications device.--
                ``(i) In general.--The term `personal wireless 
            communications device' means--

                    ``(I) a device through which personal wireless 
                services (as defined in section 332(c)(7)(C) of the 
                Communications Act of 1934 (47 U.S.C. 332(c)(7)(C))) 
                are transmitted; and
                    ``(II) a mobile telephone or other portable 
                electronic communication device with which a user 
                engages in a call or writes, sends, or reads a text 
                message using at least 1 hand.

                ``(ii) Exclusion.--The term `personal wireless 
            communications device' does not include a global navigation 
            satellite system receiver used for positioning, emergency 
            notification, or navigation purposes.''; and
                (iii) by striking subparagraph (E) and inserting the 
            following:
            ``(E) Text.--The term `text' means--
                ``(i) to read from, or manually to enter data into, a 
            personal wireless communications device, including for the 
            purpose of SMS texting, emailing, instant messaging, or any 
            other form of electronic data retrieval or electronic data 
            communication; and
                ``(ii) manually to enter, send, or retrieve a text 
            message to communicate with another individual or device.
            ``(F) Text message.--
                ``(i) In general.--The term `text message' means--

                    ``(I) a text-based message;
                    ``(II) an instant message;
                    ``(III) an electronic message; and
                    ``(IV) email.

                ``(ii) Exclusions.--The term `text message' does not 
            include--

                    ``(I) an emergency, traffic, or weather alert; or
                    ``(II) a message relating to the operation or 
                navigation of a motor vehicle.'';

            (D) by striking paragraph (2) (as so redesignated) and 
        inserting the following:
        ``(2) Grant program.--The Secretary shall provide a grant under 
    this subsection to any State that includes distracted driving 
    awareness as part of the driver's license examination of the State.
        ``(3) Allocation.--
            ``(A) In general.--For each fiscal year, not less than 50 
        percent of the amounts made available to carry out this 
        subsection shall be allocated to States, based on the 
        proportion that--
                ``(i) the apportionment of the State under section 402 
            for fiscal year 2009; bears to
                ``(ii) the apportionment of all States under section 
            402 for that fiscal year.
            ``(B) Grants for states with distracted driving laws.--
                ``(i) In general.--In addition to the allocations under 
            subparagraph (A), for each fiscal year, not more than 50 
            percent of the amounts made available to carry out this 
            subsection shall be allocated to States that enact and 
            enforce a law that meets the requirements of paragraph (4), 
            (5), or (6)--

                    ``(I) based on the proportion that--

                        ``(aa) the apportionment of the State under 
                    section 402 for fiscal year 2009; bears to
                        ``(bb) the apportionment of all States under 
                    section 402 for that fiscal year; and

                    ``(II) subject to clauses (ii), (iii), and (iv), as 
                applicable.

                ``(ii) Primary laws.--Subject to clause (iv), in the 
            case of a State that enacts and enforces a law that meets 
            the requirements of paragraph (4), (5), or (6) as a primary 
            offense, the allocation to the State under this 
            subparagraph shall be 100 percent of the amount calculated 
            to be allocated to the State under clause (i)(I).
                ``(iii) Secondary laws.--Subject to clause (iv), in the 
            case of a State that enacts and enforces a law that meets 
            the requirements of paragraph (4), (5), or (6) as a 
            secondary enforcement action, the allocation to the State 
            under this subparagraph shall be an amount equal to 50 
            percent of the amount calculated to be allocated to the 
            State under clause (i)(I).
                ``(iv) Texting while driving.--Notwithstanding clauses 
            (ii) and (iii), the allocation under this subparagraph to a 
            State that enacts and enforces a law that prohibits a 
            driver from viewing a personal wireless communications 
            device (except for purposes of navigation) shall be 25 
            percent of the amount calculated to be allocated to the 
            State under clause (i)(I).'';
            (E) in paragraph (4) (as so redesignated)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``set forth in this'' and inserting ``of this'';
                (ii) by striking subparagraph (B);
                (iii) by redesignating subparagraphs (C) and (D) as 
            subparagraphs (B) and (C), respectively;
                (iv) in subparagraph (B) (as so redesignated), by 
            striking ``minimum''; and
                (v) in subparagraph (C) (as so redesignated), by 
            striking ``text through a personal wireless communication 
            device'' and inserting ``use a personal wireless 
            communications device for texting'';
            (F) by inserting after paragraph (4) (as so redesignated) 
        the following:
        ``(5) Prohibition on handheld phone use while driving.--A State 
    law meets the requirements of this paragraph if the law--
            ``(A) prohibits a driver from holding a personal wireless 
        communications device while driving;
            ``(B) establishes a fine for a violation of that law; and
            ``(C) does not provide for an exemption that specifically 
        allows a driver to use a personal wireless communications 
        device for texting while stopped in traffic.'';
            (G) in paragraph (6) (as so redesignated)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``set forth in this'' and inserting ``of this'';
                (ii) in subparagraph (A)(ii), by striking ``set forth 
            in subsection (g)(2)(B)'';
                (iii) by striking subparagraphs (B) and (D);
                (iv) by redesignating subparagraph (C) as subparagraph 
            (B);
                (v) in subparagraph (B) (as so redesignated), by 
            striking ``minimum''; and
                (vi) by adding at the end the following:
            ``(C) does not provide for--
                ``(i) an exemption that specifically allows a driver to 
            use a personal wireless communications device for texting 
            while stopped in traffic; or
                ``(ii) an exemption described in paragraph (7)(E).''; 
            and
            (H) in paragraph (7) (as so redesignated)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``set forth in paragraph (2) or (3)'' and 
            inserting ``of paragraph (4), (5), or (6)'';
                (ii) by striking subparagraph (A) and inserting the 
            following:
            ``(A) a driver who uses a personal wireless communications 
        device during an emergency to contact emergency services to 
        prevent injury to persons or property;'';
                (iii) in subparagraph (C), by striking ``and'' at the 
            end;
                (iv) by redesignating subparagraph (D) as subparagraph 
            (F); and
                (v) by inserting after subparagraph (C) the following:
            ``(D) a driver who uses a personal wireless communications 
        device for navigation;
            ``(E) except for a law described in paragraph (6), the use 
        of a personal wireless communications device--
                ``(i) in a hands-free manner;
                ``(ii) with a hands-free accessory; or
                ``(iii) with the activation or deactivation of a 
            feature or function of the personal wireless communications 
            device with the motion of a single swipe or tap of the 
            finger of the driver; and'';
        (6) in subsection (f)(3)--
            (A) in subparagraph (A)(i), by striking ``accident'' and 
        inserting ``crash'';
            (B) by redesignating subparagraphs (C) through (F) as 
        subparagraphs (D) through (G), respectively;
            (C) by inserting after subparagraph (B) the following:
            ``(C) Helmet law.--A State law requiring the use of a 
        helmet for each motorcycle rider under the age of 18.''; and
            (D) in subparagraph (F) (as so redesignated), in the 
        subparagraph heading, by striking ``accidents'' and inserting 
        ``crashes'';
        (7) by striking subsection (g);
        (8) by redesignating subsection (h) as subsection (g);
        (9) in subsection (g) (as so redesignated)--
            (A) by redesignating paragraphs (1) through (5) as 
        paragraphs (2) through (6), respectively;
            (B) by inserting before paragraph (2) (as so redesignated) 
        the following:
        ``(1) Definition of nonmotorized road user.--In this 
    subsection, the term `nonmotorized road user' means--
            ``(A) a pedestrian;
            ``(B) an individual using a nonmotorized mode of 
        transportation, including a bicycle, a scooter, or a personal 
        conveyance; and
            ``(C) an individual using a low-speed or low-horsepower 
        motorized vehicle, including an electric bicycle, electric 
        scooter, personal mobility assistance device, personal 
        transporter, or all-terrain vehicle.'';
            (C) in paragraph (2) (as so redesignated), by striking 
        ``pedestrian and bicycle fatalities and injuries that result 
        from crashes involving a motor vehicle'' and inserting 
        ``nonmotorized road user fatalities involving a motor vehicle 
        in transit on a trafficway'';
            (D) in paragraph (4) (as so redesignated), by striking 
        ``pedestrian and bicycle'' and inserting ``nonmotorized road 
        user''; and
            (E) by striking paragraph (5) (as so redesignated) and 
        inserting the following:
        ``(5) Use of grant amounts.--Grant funds received by a State 
    under this subsection may be used for the safety of nonmotorized 
    road users, including--
            ``(A) training of law enforcement officials relating to 
        nonmotorized road user safety, State laws applicable to 
        nonmotorized road user safety, and infrastructure designed to 
        improve nonmotorized road user safety;
            ``(B) carrying out a program to support enforcement 
        mobilizations and campaigns designed to enforce State traffic 
        laws applicable to nonmotorized road user safety;
            ``(C) public education and awareness programs designed to 
        inform motorists and nonmotorized road users regarding--
                ``(i) nonmotorized road user safety, including 
            information relating to nonmotorized mobility and the 
            importance of speed management to the safety of 
            nonmotorized road users;
                ``(ii) the value of the use of nonmotorized road user 
            safety equipment, including lighting, conspicuity 
            equipment, mirrors, helmets, and other protective 
            equipment, and compliance with any State or local laws 
            requiring the use of that equipment;
                ``(iii) State traffic laws applicable to nonmotorized 
            road user safety, including the responsibilities of 
            motorists with respect to nonmotorized road users; and
                ``(iv) infrastructure designed to improve nonmotorized 
            road user safety; and
            ``(D) the collection of data, and the establishment and 
        maintenance of data systems, relating to nonmotorized road user 
        traffic fatalities.''; and
        (10) by adding at the end the following:
    ``(h) Preventing Roadside Deaths.--
        ``(1) In general.--The Secretary shall provide grants to States 
    to prevent death and injury from crashes involving motor vehicles 
    striking other vehicles and individuals stopped at the roadside.
        ``(2) Federal share.--The Federal share of the cost of carrying 
    out an activity funded through a grant under this subsection may 
    not exceed 80 percent.
        ``(3) Eligibility.--A State shall receive a grant under this 
    subsection in a fiscal year if the State submits to the Secretary a 
    plan that describes the method by which the State will use grant 
    funds in accordance with paragraph (4).
        ``(4) Use of funds.--Amounts received by a State under this 
    subsection shall be used by the State--
            ``(A) to purchase and deploy digital alert technology 
        that--
                ``(i) is capable of receiving alerts regarding nearby 
            first responders; and
                ``(ii) in the case of a motor vehicle that is used for 
            emergency response activities, is capable of sending alerts 
            to civilian drivers to protect first responders on the 
            scene and en route;
            ``(B) to educate the public regarding the safety of 
        vehicles and individuals stopped at the roadside in the State 
        through public information campaigns for the purpose of 
        reducing roadside deaths and injury;
            ``(C) for law enforcement costs relating to enforcing State 
        laws to protect the safety of vehicles and individuals stopped 
        at the roadside;
            ``(D) for programs to identify, collect, and report to 
        State and local government agencies data relating to crashes 
        involving vehicles and individuals stopped at the roadside; and
            ``(E) to pilot and incentivize measures, including optical 
        visibility measures, to increase the visibility of stopped and 
        disabled vehicles.
        ``(5) Grant amount.--The allocation of grant funds to a State 
    under this subsection for a fiscal year shall be in proportion to 
    the apportionment of that State under section 402 for fiscal year 
    2022.
    ``(i) Driver and Officer Safety Education.--
        ``(1) Definition of peace officer.--In this subsection, the 
    term `peace officer' includes any individual--
            ``(A) who is an elected, appointed, or employed agent of a 
        government entity;
            ``(B) who has the authority--
                ``(i) to carry firearms; and
                ``(ii) to make warrantless arrests; and
            ``(C) whose duties involve the enforcement of criminal laws 
        of the United States.
        ``(2) Grants.--Subject to the requirements of this subsection, 
    the Secretary shall provide grants to--
            ``(A) States that enact or adopt a law or program described 
        in paragraph (4); and
            ``(B) qualifying States under paragraph (7).
        ``(3) Federal share.--The Federal share of the cost of carrying 
    out an activity funded through a grant under this subsection may 
    not exceed 80 percent.
        ``(4) Description of law or program.--A law or program referred 
    to in paragraph (2)(A) is a law or program that requires 1 or more 
    of the following:
            ``(A) Driver education and driving safety courses.--The 
        inclusion, in driver education and driver safety courses 
        provided to individuals by educational and motor vehicle 
        agencies of the State, of instruction and testing relating to 
        law enforcement practices during traffic stops, including 
        information relating to--
                ``(i) the role of law enforcement and the duties and 
            responsibilities of peace officers;
                ``(ii) the legal rights of individuals concerning 
            interactions with peace officers;
                ``(iii) best practices for civilians and peace officers 
            during those interactions;
                ``(iv) the consequences for failure of an individual or 
            officer to comply with the law or program; and
                ``(v) how and where to file a complaint against, or a 
            compliment relating to, a peace officer.
            ``(B) Peace officer training programs.--Development and 
        implementation of a training program, including instruction and 
        testing materials, for peace officers and reserve law 
        enforcement officers (other than officers who have received 
        training in a civilian course described in subparagraph (A)) 
        with respect to proper interaction with civilians during 
        traffic stops.
        ``(5) Use of funds.--A State may use a grant provided under 
    this subsection for--
            ``(A) the production of educational materials and training 
        of staff for driver education and driving safety courses and 
        peace officer training described in paragraph (4); and
            ``(B) the implementation of a law or program described in 
        paragraph (4).
        ``(6) Grant amount.--The allocation of grant funds to a State 
    under this subsection for a fiscal year shall be in proportion to 
    the apportionment of that State under section 402 for fiscal year 
    2022.
        ``(7) Special rule for certain states.--
            ``(A) Definition of qualifying state.--In this paragraph, 
        the term `qualifying State' means a State that--
                ``(i) has received a grant under this subsection for a 
            period of not more than 5 years; and
                ``(ii) as determined by the Secretary--

                    ``(I) has not fully enacted or adopted a law or 
                program described in paragraph (4); but
                    ``(II)(aa) has taken meaningful steps toward the 
                full implementation of such a law or program; and
                    ``(bb) has established a timetable for the 
                implementation of such a law or program.

            ``(B) Withholding.--The Secretary shall--
                ``(i) withhold 50 percent of the amount that each 
            qualifying State would otherwise receive under this 
            subsection if the qualifying State were a State described 
            in paragraph (2)(A); and
                ``(ii) direct any amounts withheld under clause (i) for 
            distribution among the States that are enforcing and 
            carrying out a law or program described in paragraph 
            (4).''.
    (b) Technical Amendment.--Section 4010(2) of the FAST Act (23 
U.S.C. 405 note; Public Law 114-94) is amended by inserting ``all'' 
before ``deficiencies''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect with respect to any grant application or State highway 
safety plan submitted under chapter 4 of title 23, United States Code, 
for fiscal year 2024 or thereafter.
SEC. 24106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING PREVENTION.
    (a) Impaired Driving Countermeasures.--Section 154(c)(1) of title 
23, United States Code, is amended by striking ``alcohol-impaired'' 
each place it appears and inserting ``impaired''.
    (b) Comptroller General Study of National DUI Reporting.--
        (1) In general.--The Comptroller General of the United States 
    shall conduct a study of the reporting of impaired driving arrest 
    and citation data into Federal databases and the interstate sharing 
    of information relating to impaired driving-related convictions and 
    license suspensions to facilitate the widespread identification of 
    repeat impaired driving offenders.
        (2) Inclusions.--The study conducted under paragraph (1) shall 
    include a detailed assessment of--
            (A) the extent to which State and local criminal justice 
        agencies are reporting impaired driving arrest and citation 
        data to Federal databases;
            (B) barriers--
                (i) at the Federal, State, and local levels, to the 
            reporting of impaired driving arrest and citation data to 
            Federal databases; and
                (ii) to the use of those databases by criminal justice 
            agencies;
            (C) Federal, State, and local resources available to 
        improve the reporting and sharing of impaired driving data; and
            (D) any options or recommendations for actions that Federal 
        agencies or Congress could take to further improve the 
        reporting and sharing of impaired driving data.
        (3) Report.--Not later than 1 year after the date of enactment 
    of this Act, the Comptroller General shall submit to the 
    appropriate committees of Congress a report describing the results 
    of the study conducted under this subsection.
SEC. 24107. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE 
INTOXICATED OR DRIVING UNDER THE INFLUENCE.
    Section 164(b)(1) of title 23, United States Code, is amended--
        (1) in subparagraph (A), by striking ``alcohol-impaired'' and 
    inserting ``alcohol- or multiple substance-impaired''; and
        (2) in subparagraph (B)--
            (A) by striking ``intoxicated or driving'' and inserting 
        ``intoxicated, driving while multiple substance-impaired, or 
        driving''; and
            (B) by striking ``alcohol-impaired'' and inserting 
        ``alcohol- or multiple substance-impaired''.
SEC. 24108. CRASH DATA.
    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall revise the crash data collection 
system to include the collection of crash report data elements that 
distinguish individual personal conveyance vehicles, such as electric 
scooters and bicycles, from other vehicles involved in a crash.
    (b) Coordination.--In carrying out subsection (a), the Secretary 
may coordinate with States to update the Model Minimum Uniform Crash 
Criteria to provide guidance to States regarding the collection of 
information and data elements for the crash data collection system.
    (c) Vulnerable Road Users.--
        (1) Update.--Based on the information contained in the 
    vulnerable road user safety assessments required by subsection (f) 
    of section 32302 of title 49, United States Code (as added by 
    section 24213(b)(2)), the Secretary shall modify existing crash 
    data collection systems to include the collection of additional 
    crash report data elements relating to vulnerable road user safety.
        (2) Injury health data.--The Secretary shall coordinate with 
    the Director of the Centers for Disease Control and Prevention to 
    develop and implement a plan for States to combine highway crash 
    data and injury health data to produce a national database of 
    pedestrian injuries and fatalities, disaggregated by demographic 
    characteristics.
    (d) State Electronic Data Collection.--
        (1) Definitions.--In this subsection:
            (A) Electronic data transfer.--The term ``electronic data 
        transfer'' means a protocol for automated electronic transfer 
        of State crash data to the National Highway Traffic Safety 
        Administration.
            (B) State.--The term ``State'' means--
                (i) each of the 50 States;
                (ii) the District of Columbia;
                (iii) the Commonwealth of Puerto Rico;
                (iv) the United States Virgin Islands;
                (v) Guam;
                (vi) American Samoa;
                (vii) the Commonwealth of the Northern Mariana Islands; 
            and
                (viii) the Secretary of the Interior, acting on behalf 
            of an Indian Tribe.
        (2) Establishment of program.--The Secretary shall establish a 
    program under which the Secretary shall--
            (A) provide grants for the modernization of State data 
        collection systems to enable full electronic data transfer 
        under paragraph (3); and
            (B) upgrade the National Highway Traffic Safety 
        Administration system to manage and support State electronic 
        data transfers relating to crashes under paragraph (4).
        (3) State grants.--
            (A) In general.--The Secretary shall provide grants to 
        States to upgrade and standardize State crash data systems to 
        enable electronic data collection, intrastate data sharing, and 
        electronic data transfers to the National Highway Traffic 
        Safety Administration to increase the accuracy, timeliness, and 
        accessibility of the data, including data relating to 
        fatalities involving vulnerable road users.
            (B) Eligibility.--A State shall be eligible to receive a 
        grant under this paragraph if the State submits to the 
        Secretary an application, at such time, in such manner, and 
        containing such information as the Secretary may require, that 
        includes a plan to implement full electronic data transfer to 
        the National Highway Traffic Safety Administration by not later 
        than 5 years after the date on which the grant is provided.
            (C) Use of funds.--A grant provided under this paragraph 
        may be used for the costs of--
                (i) equipment to upgrade a statewide crash data 
            repository;
                (ii) adoption of electronic crash reporting by law 
            enforcement agencies; and
                (iii) increasing alignment of State crash data with the 
            latest Model Minimum Uniform Crash Criteria.
            (D) Federal share.--The Federal share of the cost of a 
        project funded with a grant under this paragraph may be up to 
        80 percent.
        (4) National highway traffic safety administration system 
    upgrade.--The Secretary shall manage and support State electronic 
    data transfers relating to vehicle crashes by--
            (A) increasing the capacity of the National Highway Traffic 
        Safety Administration system; and
            (B) making State crash data accessible to the public.
    (e) Crash Investigation Sampling System.--The Secretary may use 
funds made available to carry out this section to enhance the 
collection of crash data by upgrading the Crash Investigation Sampling 
System to include--
        (1) additional program sites;
        (2) an expanded scope that includes all crash types; and
        (3) on-scene investigation protocols.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $150,000,000 
for each of fiscal years 2022 through 2026, to remain available for a 
period of 3 fiscal years following the fiscal year for which the 
amounts are appropriated.
SEC. 24109. REVIEW OF MOVE OVER OR SLOW DOWN LAW PUBLIC AWARENESS.
    (a) Definition of Move Over or Slow Down Law.--In this section, the 
term ``Move Over or Slow Down Law'' means any Federal or State law 
intended to ensure first responder and motorist safety by requiring 
motorists to change lanes or slow down when approaching an authorized 
emergency vehicle that is stopped or parked on or next to a roadway 
with emergency lights activated.
    (b) Study.--
        (1) In general.--The Comptroller General of the United States 
    shall carry out a study of the efficacy of Move Over or Slow Down 
    Laws and related public awareness campaigns.
        (2) Inclusions.--The study under paragraph (1) shall include--
            (A) a review of each Federal and State Move Over or Slow 
        Down Law, including--
                (i) penalties associated with the Move Over or Slow 
            Down Laws;
                (ii) the level of enforcement of Move Over or Slow Down 
            Laws; and
                (iii) the applicable class of vehicles that triggers 
            Move Over or Slow Down Laws.
            (B) an identification and description of each Federal and 
        State public awareness campaign relating to Move Over or Slow 
        Down Laws; and
            (C) a description of the role of the Department in 
        supporting State efforts with respect to Move Over or Slow Down 
        Laws, such as conducting research, collecting data, or 
        supporting public awareness or education efforts.
    (c) Report.--On completion of the study under subsection (b), the 
Comptroller General shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report that 
describes--
        (1) the findings of the study; and
        (2) any recommendations to improve public awareness campaigns, 
    research, or education efforts relating to the issues described in 
    subsection (b)(2).
SEC. 24110. REVIEW OF LAWS, SAFETY MEASURES, AND TECHNOLOGIES RELATING 
TO SCHOOL BUSES.
    (a) Review of Illegal Passing Laws.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Secretary shall prepare a report that--
            (A) identifies and describes all illegal passing laws in 
        each State relating to school buses, including--
                (i) the level of enforcement of those laws;
                (ii) the penalties associated with those laws;
                (iii) any issues relating to the enforcement of those 
            laws; and
                (iv) the effectiveness of those laws;
            (B) reviews existing State laws that may inhibit the 
        effectiveness of safety countermeasures in school bus loading 
        zones, such as--
                (i) laws that require the face of a driver to be 
            visible in an image captured by a camera if enforcement 
            action is to be taken based on that image;
                (ii) laws that may reduce stop-arm camera 
            effectiveness;
                (iii) the need for a law enforcement officer to witness 
            an event for enforcement action to be taken; and
                (iv) the lack of primary enforcement for texting and 
            driving offenses;
            (C) identifies the methods used by each State to review, 
        document, and report to law enforcement school bus stop-arm 
        violations; and
            (D) identifies best practices relating to the most 
        effective approaches to address the illegal passing of school 
        buses.
        (2) Publication.--The report under paragraph (1) shall be made 
    publicly available on the website of the Department.
    (b) Public Safety Messaging Campaign.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary shall establish and implement 
    a public safety messaging campaign that uses public safety media 
    messages, posters, digital media messages, and other media messages 
    distributed to States, State departments of motor vehicles, 
    schools, and other public outlets--
            (A) to highlight the importance of addressing the illegal 
        passing of school buses; and
            (B) to educate students and the public regarding the safe 
        loading and unloading of schools buses.
        (2) Consultation.--In carrying out paragraph (1), the Secretary 
    shall consult with--
            (A) representatives of the school bus industry from the 
        public and private sectors; and
            (B) States.
        (3) Updates.--The Secretary shall periodically update the 
    materials used in the campaign under paragraph (1).
    (c) Review of Technologies.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Secretary shall review and evaluate the 
    effectiveness of various technologies for enhancing school bus 
    safety, including technologies such as--
            (A) cameras;
            (B) audible warning systems; and
            (C) enhanced lighting.
        (2) Inclusions.--The review under paragraph (1)--
            (A) shall include--
                (i) an assessment of--

                    (I) the costs of acquiring and operating new 
                equipment;
                    (II) the potential impact of that equipment on 
                overall school bus ridership; and
                    (III) motion-activated detection systems capable 
                of--

                        (aa) detecting pedestrians, cyclists, and other 
                    road users located near the exterior of the school 
                    bus; and
                        (bb) alerting the operator of the school bus of 
                    those road users;
                (ii) an assessment of the impact of advanced 
            technologies designed to improve loading zone safety; and
                (iii) an assessment of the effectiveness of school bus 
            lighting systems at clearly communicating to surrounding 
            drivers the appropriate actions those drivers should take; 
            and
            (B) may include an evaluation of any technological 
        solutions that may enhance school bus safety outside the school 
        bus loading zone.
        (3) Consultation.--In carrying out the review under paragraph 
    (1), the Secretary shall consult with--
            (A) manufacturers of school buses;
            (B) manufacturers of various technologies that may enhance 
        school bus safety; and
            (C) representatives of the school bus industry from the 
        public and private sectors.
        (4) Publication.--The Secretary shall make the findings of the 
    review under paragraph (1) publicly available on the website of the 
    Department.
    (d) Review of Driver Education Materials.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Secretary shall--
            (A) review driver manuals, handbooks, and other materials 
        in all States to determine whether and the means by which 
        illegal passing of school buses is addressed in those driver 
        materials, including in--
                (i) testing for noncommercial driver's licenses; and
                (ii) road tests; and
            (B) make recommendations on methods by which States can 
        improve education regarding the illegal passing of school 
        buses, particularly for new drivers.
        (2) Consultation.--In carrying out paragraph (1), the Secretary 
    shall consult with--
            (A) representatives of the school bus industry from the 
        public and private sectors;
            (B) States;
            (C) State motor vehicle administrators or senior State 
        executives responsible for driver licensing; and
            (D) other appropriate motor vehicle experts.
        (3) Publication.--The Secretary shall make the findings of the 
    review under paragraph (1) publicly available on the website of the 
    Department.
    (e) Review of Other Safety Issues.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Secretary shall research and prepare a 
    report describing any relationship between the illegal passing of 
    school buses and other safety issues, including issues such as--
            (A) distracted driving;
            (B) poor visibility, such as morning darkness;
            (C) illumination and reach of vehicle headlights;
            (D) speed limits; and
            (E) characteristics associated with school bus stops, 
        including the characteristics of school bus stops in rural 
        areas.
        (2) Publication.--The Secretary shall make the report under 
    paragraph (1) publicly available on the website of the Department.
SEC. 24111. MOTORCYCLIST ADVISORY COUNCIL.
    (a) In General.--Subchapter III of chapter 3 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 355. Motorcyclist Advisory Council
    ``(a) Establishment.--Not later than 90 days after the date of 
enactment of this section, the Secretary of Transportation (referred to 
in this section as the `Secretary') shall establish a council, to be 
known as the `Motorcyclist Advisory Council' (referred to in this 
section as the `Council').
    ``(b) Membership.--
        ``(1) In general.--The Council shall be comprised of 13 
    members, to be appointed by the Secretary, of whom--
            ``(A) 5 shall be representatives of units of State or local 
        government with expertise relating to highway engineering and 
        safety issues, including--
                ``(i) motorcycle and motorcyclist safety;
                ``(ii) barrier and road design, construction, and 
            maintenance; or
                ``(iii) intelligent transportation systems;
            ``(B) 1 shall be a motorcyclist who serves as a State or 
        local--
                ``(i) traffic and safety engineer;
                ``(ii) design engineer; or
                ``(iii) other transportation department official;
            ``(C) 1 shall be a representative of a national association 
        of State transportation officials;
            ``(D) 1 shall be a representative of a national 
        motorcyclist association;
            ``(E) 1 shall be a representative of a national 
        motorcyclist foundation;
            ``(F) 1 shall be a representative of a national motorcycle 
        manufacturing association;
            ``(G) 1 shall be a representative of a motorcycle 
        manufacturing company headquartered in the United States;
            ``(H) 1 shall be a roadway safety data expert with 
        expertise relating to crash testing and analysis; and
            ``(I) 1 shall be a member of a national safety organization 
        that represents the traffic safety systems industry.
        ``(2) Term.--
            ``(A) In general.--Subject to subparagraphs (B) and (C), 
        each member shall serve on the Council for a single term of 2 
        years.
            ``(B) Additional term.--If a successor is not appointed for 
        a member of the Council before the expiration of the term of 
        service of the member, the member may serve on the Council for 
        a second term of not longer than 2 years.
            ``(C) Appointment of replacements.--If a member of the 
        Council resigns before the expiration of the 2-year term of 
        service of the member--
                ``(i) the Secretary may appoint a replacement for the 
            member, who shall serve the remaining portion of the term; 
            and
                ``(ii) the resigning member may continue to serve after 
            resignation until the date on which a successor is 
            appointed.
        ``(3) Vacancies.--A vacancy on the Council shall be filled in 
    the manner in which the original appointment was made.
        ``(4) Compensation.--A member of the Council shall serve 
    without compensation.
    ``(c) Duties.--
        ``(1) Advising.--The Council shall advise the Secretary, the 
    Administrator of the National Highway Traffic Safety 
    Administration, and the Administrator of the Federal Highway 
    Administration regarding transportation safety issues of concern to 
    motorcyclists, including--
            ``(A) motorcycle and motorcyclist safety;
            ``(B) barrier and road design, construction, and 
        maintenance practices; and
            ``(C) the architecture and implementation of intelligent 
        transportation system technologies.
        ``(2) Biennial report.--Not later than October 31 of the 
    calendar year following the calendar year in which the Council is 
    established, and not less frequently than once every 2 years 
    thereafter, the Council shall submit to the Secretary a report 
    containing recommendations of the Council regarding the issues 
    described in paragraph (1).
    ``(d) Duties of Secretary.--
        ``(1) Council recommendations.--
            ``(A) In general.--The Secretary shall determine whether to 
        accept or reject a recommendation contained in a report of the 
        Council under subsection (c)(2).
            ``(B) Inclusion in review.--
                ``(i) In general.--The Secretary shall indicate in each 
            review under paragraph (2) whether the Secretary accepts or 
            rejects each recommendation of the Council covered by the 
            review.
                ``(ii) Exception.--The Secretary may indicate in a 
            review under paragraph (2) that a recommendation of the 
            Council is under consideration, subject to the condition 
            that a recommendation so under consideration shall be 
            accepted or rejected by the Secretary in the subsequent 
            review of the Secretary under paragraph (2).
        ``(2) Review.--
            ``(A) In general.--Not later than 60 days after the date on 
        which the Secretary receives a report from the Council under 
        subsection (c)(2), the Secretary shall submit a review 
        describing the response of the Secretary to the recommendations 
        of the Council contained in the Council report to--
                ``(i) the Committee on Commerce, Science, and 
            Transportation of the Senate;
                ``(ii) the Committee on Environment and Public Works of 
            the Senate;
                ``(iii) the Subcommittee on Transportation, Housing and 
            Urban Development, and Related Agencies of the Committee on 
            Appropriations of the Senate;
                ``(iv) the Committee on Transportation and 
            Infrastructure of the House of Representatives; and
                ``(v) the Subcommittee on Transportation, Housing and 
            Urban Development, and Related Agencies of the Committee on 
            Appropriations of the House of Representatives.
            ``(B) Contents.--A review of the Secretary under this 
        paragraph shall include a description of--
                ``(i) each recommendation contained in the Council 
            report covered by the review; and
                ``(ii)(I) each recommendation of the Council that was 
            categorized under paragraph (1)(B)(ii) as being under 
            consideration by the Secretary in the preceding review 
            submitted under this paragraph; and
                ``(II) for each such recommendation, whether the 
            recommendation--

                    ``(aa) is accepted or rejected by the Secretary; or
                    ``(bb) remains under consideration by the 
                Secretary.

        ``(3) Administrative and technical support.--The Secretary 
    shall provide to the Council such administrative support, staff, 
    and technical assistance as the Secretary determines to be 
    necessary to carry out the duties of the Council under this 
    section.
    ``(e) Termination.--The Council shall terminate on the date that is 
6 years after the date on which the Council is established under 
subsection (a).''.
    (b) Clerical Amendment.--The analysis for subchapter III of chapter 
3 of title 49, United States Code, is amended by inserting after the 
item relating to section 354 the following:
``355. Motorcyclist Advisory Council.''.

    (c) Conforming Amendments.--
        (1) Section 1426 of the FAST Act (23 U.S.C. 101 note; Public 
    Law 114-94) is repealed.
        (2) The table of contents for the FAST Act (Public Law 114-94; 
    129 Stat. 1313) is amended by striking the item relating to section 
    1426.
SEC. 24112. SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM.
    (a) Definitions.--In this section:
        (1) Comprehensive safety action plan.--The term ``comprehensive 
    safety action plan'' means a plan aimed at preventing 
    transportation-related fatalities and serious injuries in a 
    locality, commonly referred to as a ``Vision Zero'' or ``Toward 
    Zero Deaths'' plan, that may include--
            (A) a goal and timeline for eliminating fatalities and 
        serious injuries;
            (B) an analysis of the location and severity of vehicle-
        involved crashes in a locality;
            (C) an analysis of community input, gathered through public 
        outreach and education;
            (D) a data-driven approach to identify projects or 
        strategies to prevent fatalities and serious injuries in a 
        locality, such as those involving--
                (i) education and community outreach;
                (ii) effective methods to enforce traffic laws and 
            regulations;
                (iii) new vehicle or other transportation-related 
            technologies; and
                (iv) roadway planning and design; and
            (E) mechanisms for evaluating the outcomes and 
        effectiveness of the comprehensive safety action plan, 
        including the means by which that effectiveness will be 
        reported to residents in a locality.
        (2) Eligible entity.--The term ``eligible entity'' means--
            (A) a metropolitan planning organization;
            (B) a political subdivision of a State;
            (C) a federally recognized Tribal government; and
            (D) a multijurisdictional group of entities described in 
        any of subparagraphs (A) through (C).
        (3) Eligible project.--The term ``eligible project'' means a 
    project--
            (A) to develop a comprehensive safety action plan;
            (B) to conduct planning, design, and development activities 
        for projects and strategies identified in a comprehensive 
        safety action plan; or
            (C) to carry out projects and strategies identified in a 
        comprehensive safety action plan.
        (4) Program.--The term ``program'' means the Safe Streets and 
    Roads for All program established under subsection (b).
    (b) Establishment.--The Secretary shall establish and carry out a 
program, to be known as the Safe Streets and Roads for All program, 
that supports local initiatives to prevent death and serious injury on 
roads and streets, commonly referred to as ``Vision Zero'' or ``Toward 
Zero Deaths'' initiatives.
    (c) Grants.--
        (1) In general.--In carrying out the program, the Secretary may 
    make grants to eligible entities, on a competitive basis, in 
    accordance with this section.
        (2) Limitations.--
            (A) In general.--Not more than 15 percent of the funds made 
        available to carry out the program for a fiscal year may be 
        awarded to eligible projects in a single State during that 
        fiscal year.
            (B) Planning grants.--Of the total amount made available to 
        carry out the program for each fiscal year, not less than 40 
        percent shall be awarded to eligible projects described in 
        subsection (a)(3)(A).
    (d) Selection of Eligible Projects.--
        (1) Solicitation.--Not later than 180 days after the date on 
    which amounts are made available to provide grants under the 
    program for a fiscal year, the Secretary shall solicit from 
    eligible entities grant applications for eligible projects in 
    accordance with this section.
        (2) Applications.--
            (A) In general.--To be eligible to receive a grant under 
        the program, an eligible entity shall submit to the Secretary 
        an application in such form and containing such information as 
        the Secretary considers to be appropriate.
            (B) Requirement.--An application for a grant under this 
        paragraph shall include mechanisms for evaluating the success 
        of applicable eligible projects and strategies.
        (3) Considerations.--In awarding a grant under the program, the 
    Secretary shall take into consideration the extent to which an 
    eligible entity, and each eligible project proposed to be carried 
    out by the eligible entity, as applicable--
            (A) is likely to significantly reduce or eliminate 
        transportation-related fatalities and serious injuries 
        involving various road users, including pedestrians, 
        bicyclists, public transportation users, motorists, and 
        commercial operators, within the timeframe proposed by the 
        eligible entity;
            (B) demonstrates engagement with a variety of public and 
        private stakeholders;
            (C) seeks to adopt innovative technologies or strategies to 
        promote safety;
            (D) employs low-cost, high-impact strategies that can 
        improve safety over a wider geographical area;
            (E) ensures, or will ensure, equitable investment in the 
        safety needs of underserved communities in preventing 
        transportation-related fatalities and injuries;
            (F) includes evidence-based projects or strategies; and
            (G) achieves such other conditions as the Secretary 
        considers to be necessary.
        (4) Transparency.--
            (A) In general.--The Secretary shall evaluate, through a 
        methodology that is discernible and transparent to the public, 
        the means by, and extent to, which each application under the 
        program addresses any applicable merit criteria established by 
        the Secretary.
            (B) Publication.--The methodology under subparagraph (A) 
        shall be published by the Secretary as part of the notice of 
        funding opportunity under the program.
    (e) Federal Share.--The Federal share of the cost of an eligible 
project carried out using a grant provided under the program shall not 
exceed 80 percent.
    (f) Funding.--
        (1) Authorization of appropriations.--There is authorized to be 
    appropriated to carry out this section $200,000,000 for each of 
    fiscal years 2022 through 2026, to remain available for a period of 
    3 fiscal years following the fiscal year for which the amounts are 
    appropriated.
        (2) Administrative expenses.--Of the amounts made available to 
    carry out the program for a fiscal year, the Secretary may retain 
    not more than 2 percent for the administrative expenses of the 
    program.
        (3) Availability to eligible entities.--Amounts made available 
    under a grant under the program shall remain available for use by 
    the applicable eligible entity until the date that is 5 years after 
    the date on which the grant is provided.
    (g) Data Submission.--
        (1) In general.--As a condition of receiving a grant under this 
    program, an eligible entity shall submit to the Secretary, on a 
    regular basis as established by the Secretary, data, information, 
    or analyses collected or conducted in accordance with subsection 
    (d)(3).
        (2) Form.--The data, information, and analyses under paragraph 
    (1) shall be submitted in such form such manner as may be 
    prescribed by the Secretary.
    (h) Reports.--Not later than 120 days after the end of the period 
of performance for a grant under the program, the eligible entity shall 
submit to the Secretary a report that describes--
        (1) the costs of each eligible project carried out using the 
    grant;
        (2) the outcomes and benefits that each such eligible project 
    has generated, as--
            (A) identified in the grant application of the eligible 
        entity; and
            (B) measured by data, to the maximum extent practicable; 
        and
        (3) the lessons learned and any recommendations relating to 
    future projects or strategies to prevent death and serious injury 
    on roads and streets.
    (i) Best Practices.--Based on the information submitted by eligible 
entities under subsection (g), the Secretary shall--
        (1) periodically post on a publicly available website best 
    practices and lessons learned for preventing transportation-related 
    fatalities and serious injuries pursuant to strategies or 
    interventions implemented under the program; and
        (2) evaluate and incorporate, as appropriate, the effectiveness 
    of strategies and interventions implemented under the program for 
    the purpose of enriching revisions to the document entitled 
    ``Countermeasures That Work: A Highway Safety Countermeasure Guide 
    for State Highway Safety Offices, Ninth Edition'' and numbered DOT 
    HS 812 478 (or any successor document).
SEC. 24113. IMPLEMENTATION OF GAO RECOMMENDATIONS.
    (a) Next Generation 911.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary shall implement the 
    recommendations of the Comptroller General of the United States 
    contained in the report entitled ``Next Generation 911: National 
    911 Program Could Strengthen Efforts to Assist States'', numbered 
    GAO-18-252, and dated January 1, 2018, by requiring that the 
    Administrator of the National Highway Traffic Safety 
    Administration, in collaboration with the appropriate Federal 
    agencies, shall determine the roles and responsibilities of the 
    Federal agencies participating in the initiative entitled 
    ``National NG911 Roadmap initiative'' to carry out the national-
    level tasks with respect which each agency has jurisdiction.
        (2) Implementation plan.--The Administrator of the National 
    Highway Traffic Safety Administration shall develop an 
    implementation plan to support the completion of national-level 
    tasks under the National NG911 Roadmap initiative.
    (b) Pedestrian and Cyclists Information and Enhanced Performance 
Management.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Secretary shall implement the 
    recommendations of the Comptroller General of the United States 
    contained in the report entitled ``Pedestrians and Cyclists: Better 
    Information to States and Enhanced Performance Management Could 
    Help DOT Improve Safety'', numbered GAO-21-405, and dated May 20, 
    2021, by--
            (A) carrying out measures to collect information relating 
        to the range of countermeasures implemented by States;
            (B) analyzing that information to help advance knowledge 
        regarding the effectiveness of those countermeasures; and
            (C) sharing with States any results.
        (2) Performance management practices.--The Administrator of the 
    National Highway Traffic Safety Administration shall use 
    performance management practices to guide pedestrian and cyclist 
    safety activities by--
            (A) developing performance measures for the Administration 
        and program offices responsible for implementing pedestrian and 
        cyclist safety activities to demonstrate the means by which 
        those activities contribute to safety goals; and
            (B) using performance information to make any necessary 
        changes to advance pedestrian and cyclist safety efforts.

                       Subtitle B--Vehicle Safety

SEC. 24201. AUTHORIZATION OF APPROPRIATIONS.
    There are authorized to be appropriated to the Secretary to carry 
out chapter 301, and part C of subtitle VI, of title 49, United States 
Code--
        (1) $200,294,333 for fiscal year 2022;
        (2) $204,300,219 for fiscal year 2023;
        (3) $208,386,224 for fiscal year 2024;
        (4) $212,553,948 for fiscal year 2025; and
        (5) $216,805,027 for fiscal year 2026.
SEC. 24202. RECALL COMPLETION.
    (a) Reports on Recall Campaigns.--Section 30118 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(f) Reports on Notification Campaigns.--
        ``(1) In general.--Each manufacturer that is conducting a 
    campaign under subsection (b) or (c) or any other provision of law 
    (including regulations) to notify manufacturers, distributors, 
    owners, purchasers, or dealers of a defect or noncompliance shall 
    submit to the Administrator of the National Highway Traffic Safety 
    Administration--
            ``(A) by the applicable date described in section 573.7(d) 
        of title 49, Code of Federal Regulations (or a successor 
        regulation), a quarterly report describing the campaign for 
        each of 8 consecutive quarters, beginning with the quarter in 
        which the campaign was initiated; and
            ``(B) an annual report for each of the 3 years beginning 
        after the date of completion of the last quarter for which a 
        quarterly report is submitted under subparagraph (A).
        ``(2) Requirements.--Except as otherwise provided in this 
    subsection, each report under this subsection shall comply with the 
    requirements of section 573.7 of title 49, Code of Federal 
    Regulations (or a successor regulation).''.
    (b) Recall Completion Rates.--Section 30120 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(k) Recall Completion Rates.--
        ``(1) In general.--The Administrator of the National Highway 
    Traffic Safety Administration shall publish an annual list of 
    recall completion rates for each recall campaign for which 8 
    quarterly reports have been submitted under subsection (f) of 
    section 30118 as of the date of publication of the list.
        ``(2) Requirements.--The annual list under paragraph (1) shall 
    include--
            ``(A) for each applicable campaign--
                ``(i) the total number of vehicles subject to recall; 
            and
                ``(ii) the percentage of vehicles that have been 
            remedied; and
            ``(B) for each manufacturer submitting an applicable 
        quarterly report under section 30118(f)--
                ``(i) the total number of recalls issued by the 
            manufacturer during the year covered by the list;
                ``(ii) the estimated number of vehicles of the 
            manufacturer subject to recall during the year covered by 
            the list; and
                ``(iii) the percentage of vehicles that have been 
            remedied.''.
SEC. 24203. RECALL ENGAGEMENT.
    (a) Recall Repair.--Not later than 2 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall--
        (1) conduct a study to determine--
            (A) the reasons why vehicle owners do not have repairs 
        performed for vehicles subject to open recalls; and
            (B) whether engagement by third parties, including State 
        and local governments, insurance companies, or other entities, 
        could increase the rate at which vehicle owners have repairs 
        performed for vehicles subject to open recalls; and
        (2) submit to Congress a report describing the results of the 
    study under paragraph (1), including any recommendations for 
    increasing the rate of repair for vehicles subject to open recalls.
    (b) Ridesharing.--Not later than 18 months after the date of 
enactment of this Act, the Comptroller General shall--
        (1) conduct a study to determine the number of passenger motor 
    vehicles in each State that--
            (A) are used by transportation network companies for for-
        hire purposes, such as ridesharing; and
            (B) have 1 or more open recalls; and
        (2) submit to Congress a report describing the results of the 
    study under paragraph (1).
    (c) NHTSA Study and Report.--Not later than 3 years after the date 
of enactment of this Act, the Administrator of the National Highway 
Traffic Safety Administration shall--
        (1) conduct a study to determine the ways in which vehicle 
    recall notices could--
            (A) more effectively reach vehicle owners;
            (B) be made easier for all consumers to understand; and
            (C) incentivize vehicle owners to complete the repairs 
        described in the recall notices; and
        (2) submit to Congress a report describing the results of the 
    study under paragraph (1), including any recommendations for--
            (A) increasing the rate of repair for vehicles subject to 
        open recalls; or
            (B) any regulatory or statutory legislative changes that 
        would facilitate an increased rate of repair.
SEC. 24204. MOTOR VEHICLE SEAT BACK SAFETY STANDARDS.
    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, subject to subsection (b), the Secretary shall issue an 
advanced notice of proposed rulemaking to update section 571.207 of 
title 49, Code of Federal Regulations.
    (b) Compliance Date.--If the Secretary determines that a final rule 
is appropriate consistent with the considerations described in section 
30111(b) of title 49, United States Code, in issuing a final rule 
pursuant to subsection (a), the Secretary shall establish a date for 
required compliance with the final rule of not later than 2 motor 
vehicle model years after the model year during which the effective 
date of the final rule occurs.
SEC. 24205. AUTOMATIC SHUTOFF.
    (a) Definitions.--In this section:
        (1) Key.--The term ``key'' has the meaning given the term in 
    section 571.114 of title 49, Code of Federal Regulations (or a 
    successor regulation).
        (2) Manufacturer.--The term ``manufacturer'' has the meaning 
    given the term in section 30102(a) of title 49, United States Code.
        (3) Motor vehicle.--
            (A) In general.--The term ``motor vehicle'' has the meaning 
        given the term in section 30102(a) of title 49, United States 
        Code.
            (B) Exclusions.--The term ``motor vehicle'' does not 
        include--
                (i) a motorcycle or trailer (as those terms are defined 
            in section 571.3 of title 49, Code of Federal Regulations 
            (or a successor regulation));
                (ii) any motor vehicle with a gross vehicle weight 
            rating of more than 10,000 pounds;
                (iii) a battery electric vehicle; or
                (iv) a motor vehicle that requires extended periods 
            with the engine in idle to operate in service mode or to 
            operate equipment, such as an emergency vehicle (including 
            a police vehicle, an ambulance, or a tow vehicle) and a 
            commercial-use vehicle (including a refrigeration vehicle).
    (b) Automatic Shutoff Systems for Motor Vehicles.--
        (1) Final rule.--
            (A) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall issue a final rule 
        amending section 571.114 of title 49, Code of Federal 
        Regulations, to require manufacturers to install in each motor 
        vehicle that is equipped with a keyless ignition device and an 
        internal combustion engine a device or system to automatically 
        shutoff the motor vehicle after the motor vehicle has idled for 
        the period described in subparagraph (B).
            (B) Description of period.--
                (i) In general.--The period referred to in subparagraph 
            (A) is the period designated by the Secretary as necessary 
            to prevent, to the maximum extent practicable, carbon 
            monoxide poisoning.
                (ii) Different periods.--The Secretary may designate 
            different periods under clause (i) for different types of 
            motor vehicles, depending on the rate at which the motor 
            vehicle emits carbon monoxide, if--

                    (I) the Secretary determines a different period is 
                necessary for a type of motor vehicle for purposes of 
                section 30111 of title 49, United States Code; and
                    (II) requiring a different period for a type of 
                motor vehicle is consistent with the prevention of 
                carbon monoxide poisoning.

        (2) Deadline.--Unless the Secretary finds good cause to phase-
    in or delay implementation, the rule issued pursuant to paragraph 
    (1) shall take effect on September 1 of the first calendar year 
    beginning after the date on which the Secretary issues the rule.
    (c) Preventing Motor Vehicles From Rolling Away.--
        (1) Requirement.--The Secretary shall conduct a study of the 
    regulations contained in part 571 of title 49, Code of Federal 
    Regulations, to evaluate the potential consequences and benefits of 
    the installation by manufacturers of technology to prevent movement 
    of motor vehicles equipped with keyless ignition devices and 
    automatic transmissions when--
            (A) the transmission of the motor vehicle is not in the 
        park setting;
            (B) the motor vehicle does not exceed the speed determined 
        by the Secretary under paragraph (2);
            (C) the seat belt of the operator of the motor vehicle is 
        unbuckled;
            (D) the service brake of the motor vehicle is not engaged; 
        and
            (E) the door for the operator of the motor vehicle is open.
        (2) Review and report.--The Secretary shall--
            (A) provide a recommended maximum speed at which a motor 
        vehicle may be safely locked in place under the conditions 
        described in subparagraphs (A), (C), (D), and (E) of paragraph 
        (1) to prevent vehicle rollaways; and
            (B) not later than 1 year after the date of completion of 
        the study under paragraph (1), submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report--
                (i) describing the findings of the study; and
                (ii) providing additional recommendations, if any.
SEC. 24206. PETITIONS BY INTERESTED PERSONS FOR STANDARDS AND 
ENFORCEMENT.
    Section 30162 of title 49, United States Code, is amended--
        (1) in subsection (b), by striking ``The petition'' and 
    inserting ``A petition under this section'';
        (2) in subsection (c), by striking ``the petition'' and 
    inserting ``a petition under this section''; and
        (3) in subsection (d)--
            (A) in the third sentence, by striking ``If a petition'' 
        and inserting the following:
        ``(3) Denial.--If a petition under this section'';
            (B) in the second sentence , by striking ``If a petition is 
        granted'' and inserting the following:
        ``(2) Approval.--If a petition under this section is 
    approved''; and
            (C) in the first sentence, by striking ``The Secretary 
        shall grant or deny a petition'' and inserting the following:
        ``(1) In general.--The Secretary shall determine whether to 
    approve or deny a petition under this section by''.
SEC. 24207. CHILD SAFETY SEAT ACCESSIBILITY STUDY.
    (a) In General.--The Secretary, in coordination with other relevant 
Federal departments and agencies, including the Secretary of 
Agriculture, the Secretary of Education, and the Secretary of Health 
and Human Services, shall conduct a study to review the status of motor 
vehicle child safety seat accessibility for low-income families and 
underserved populations.
    (b) Addressing Needs.--In conducting the study under subsection 
(a), the Secretary shall--
        (1) examine the impact of Federal funding provided under 
    section 405 of title 23, United States Code; and
        (2) develop a plan for addressing any needs identified in the 
    study, including by working with social service providers.
SEC. 24208. CRASH AVOIDANCE TECHNOLOGY.
    (a) In General.--Subchapter II of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30129. Crash avoidance technology
    ``(a) In General.--The Secretary of Transportation shall promulgate 
a rule--
        ``(1) to establish minimum performance standards with respect 
    to crash avoidance technology; and
        ``(2) to require that all passenger motor vehicles manufactured 
    for sale in the United States on or after the compliance date 
    described in subsection (b) shall be equipped with--
            ``(A) a forward collision warning and automatic emergency 
        braking system that--
                ``(i) alerts the driver if--

                    ``(I) the distance to a vehicle ahead or an object 
                in the path of travel ahead is closing too quickly; and
                    ``(II) a collision is imminent; and

                ``(ii) automatically applies the brakes if the driver 
            fails to do so; and
            ``(B) a lane departure warning and lane-keeping assist 
        system that--
                ``(i) warns the driver to maintain the lane of travel; 
            and
                ``(ii) corrects the course of travel if the driver 
            fails to do so.
    ``(b) Compliance Date.--The Secretary of Transportation shall 
determine the appropriate effective date, and any phasing-in of 
requirements, of the final rule promulgated pursuant to subsection 
(a).''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
301 of title 49, United States Code, is amended by adding at the end 
the following:
``30129. Crash avoidance technology.''.
SEC. 24209. REDUCTION OF DRIVER DISTRACTION.
    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall conduct research regarding the 
installation and use on motor vehicles of driver monitoring systems to 
minimize or eliminate--
        (1) driver distraction;
        (2) driver disengagement;
        (3) automation complacency by drivers; and
        (4) foreseeable misuse of advanced driver-assist systems.
    (b) Report.--Not later than 180 days after the date of completion 
of the research under subsection (a), the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the House of Representatives a 
detailed report describing the findings of the research.
    (c) Rulemaking.--
        (1) In general.--If, based on the research completed under 
    subsection (a), the Secretary determines that--
            (A) 1 or more rulemakings are necessary to ensure safety, 
        in accordance with the section 30111 of title 49, United States 
        Code, the Secretary shall initiate the rulemakings by not later 
        than 2 years after the date of submission of the report under 
        subsection (b); and
            (B) an additional rulemaking is not necessary, or an 
        additional rulemaking cannot meet the applicable requirements 
        and considerations described in subsections (a) and (b) of 
        section 30111 of title 49, United States Code, the Secretary 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report describing 
        the reasons for not prescribing additional Federal motor 
        vehicle safety standards regarding the research conducted under 
        subsection (a).
        (2) Privacy.--A rule issued pursuant to paragraph (1) shall 
    incorporate appropriate privacy and data security safeguards, as 
    determined by the Secretary.
SEC. 24210. RULEMAKING REPORT.
    (a) Definition of Covered Rulemaking.--In this section, the term 
``covered rulemaking'' means a regulation or rulemaking that--
        (1) has not been finalized by the date on which the relevant 
    notification is submitted under subsection (b); and
        (2) relates to--
            (A) section 30120A of title 49, United States Code;
            (B) section 30166(o) of title 49, United States Code;
            (C) section 30172 of title 49, United States Code;
            (D) section 32302(c) of title 49, United States Code;
            (E) a defect reporting requirement under section 32302(d) 
        of title 49, United States Code;
            (F) subsections (b) and (c) of section 32304A of title 49, 
        United States Code;
            (G) the tire pressure monitoring standards required under 
        section 24115 of the FAST Act (49 U.S.C. 30123 note; Public Law 
        114-94);
            (H) the amendment made by section 24402 of the FAST Act 
        (129 Stat. 1720; Public Law 114-94) to section 30120(g)(1) of 
        title 49, United States Code;
            (I) the records retention rule required under section 24403 
        of the FAST Act (49 U.S.C. 30117 note; Public Law 114-94);
            (J) the amendments made by section 24405 of the FAST Act 
        (Public Law 114-94; 129 Stat. 1721) to section 30114 of title 
        49, United States Code;
            (K) a defect and noncompliance notification required 
        under--
                (i) section 24104 of the FAST Act (49 U.S.C. 30119 
            note; Public Law 114-94); or
                (ii) section 31301 of MAP-21 (49 U.S.C. 30166 note; 
            Public Law 112-141);
            (L) a side impact or frontal impact test procedure for 
        child restraint systems under section 31501 of MAP-21 (49 
        U.S.C. 30127 note; Public Law 112-141);
            (M) an upgrade to child restraint anchorage system 
        usability requirements required under section 31502 of MAP-21 
        (49 U.S.C. 30127 note; Public Law 112-141);
            (N) the rear seat belt reminder system required under 
        section 31503 of MAP-21 (49 U.S.C. 30127 note; Public Law 112-
        141);
            (O) a motorcoach rulemaking required under section 32703 of 
        MAP-21 (49 U.S.C. 31136 note; Public Law 112-141); or
            (P) any rulemaking required under this Act.
    (b) Notification.--Not later than 180 days after the date of 
enactment of this Act, and not less frequently than biannually 
thereafter until the applicable covered rulemaking is complete, the 
Secretary shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce 
of the House of Representatives a written notification that includes, 
with respect to each covered rulemaking--
        (1) for a covered rulemaking with a statutory deadline for 
    completion--
            (A) an explanation of why the deadline was not met; and
            (B) an expected date of completion of the covered 
        rulemaking; and
        (2) for a covered rulemaking without a statutory deadline for 
    completion, an expected date of completion of the covered 
    rulemaking.
    (c) Additional Contents.--A notification under subsection (b) shall 
include, for each applicable covered rulemaking--
        (1) an updated timeline;
        (2) a list of factors causing delays in the completion of the 
    covered rulemaking; and
        (3) any other details associated with the status of the covered 
    rulemaking.
SEC. 24211. GLOBAL HARMONIZATION.
    The Secretary shall cooperate, to the maximum extent practicable, 
with foreign governments, nongovernmental stakeholder groups, the motor 
vehicle industry, and consumer groups with respect to global 
harmonization of vehicle regulations as a means for improving motor 
vehicle safety.
SEC. 24212. HEADLAMPS.
    (a) Definitions.--In this section:
        (1) Adaptive driving beam headlamp.--The term ``adaptive 
    driving beam headlamp'' means a headlamp (as defined in Standard 
    108) that meets the performance requirements specified in SAE 
    International Standard J3069, published on June 30, 2016.
        (2) Standard 108.--The term ``Standard 108'' means Federal 
    Motor Vehicle Safety Standard Number 108, contained in section 
    571.108 of title 49, Code of Federal Regulations (as in effect on 
    the date of enactment of this Act).
    (b) Rulemaking.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall issue a final rule amending Standard 
108--
        (1) to include performance-based standards for vehicle headlamp 
    systems--
            (A) to ensure that headlights are correctly aimed on the 
        road; and
            (B) requiring those systems to be tested on-vehicle to 
        account for headlight height and lighting performance; and
        (2) to allow for the use on vehicles of adaptive driving beam 
    headlamp systems.
    (c) Periodic Review.--Nothing in this section precludes the 
Secretary from--
        (1) reviewing Standard 108, as amended pursuant to subsection 
    (b); and
        (2) revising Standard 108 to reflect an updated version of SAE 
    International Standard J3069, as the Secretary determines to be--
            (A) appropriate; and
            (B) in accordance with section 30111 of title 49, United 
        States Code.
SEC. 24213. NEW CAR ASSESSMENT PROGRAM.
    (a) Updates.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall finalize the proceeding for which 
comments were requested in the notice entitled ``New Car Assessment 
Program'' (80 Fed. Reg. 78522 (December 16, 2015)) to update the 
passenger motor vehicle information required under section 32302(a) of 
title 49, United States Code.
    (b) Information Program.--Section 32302 of title 49, United States 
Code, is amended--
        (1) in subsection (a), in the matter preceding paragraph (1), 
    by inserting ``(referred to in this section as the `Secretary')'' 
    after ``of Transportation''; and
        (2) by adding at the end the following:
    ``(e) Advanced Crash-avoidance Technologies.--
        ``(1) Notice.--Not later than 1 year after the date of 
    enactment of this subsection, the Secretary shall publish a notice, 
    for purposes of public review and comment, to establish, distinct 
    from crashworthiness information, a means for providing to 
    consumers information relating to advanced crash-avoidance 
    technologies, in accordance with subsection (a).
        ``(2) Inclusions.--The notice under paragraph (1) shall 
    include--
            ``(A) an appropriate methodology for--
                ``(i) determining which advanced crash-avoidance 
            technologies shall be included in the information;
                ``(ii) developing performance test criteria for use by 
            manufacturers in evaluating advanced crash-avoidance 
            technologies;
                ``(iii) determining a distinct rating involving each 
            advanced crash-avoidance technology to be included; and
                ``(iv) updating overall vehicle ratings to incorporate 
            advanced crash-avoidance technology ratings; and
            ``(B) such other information and analyses as the Secretary 
        determines to be necessary to implement the rating of advanced 
        crash-avoidance technologies.
        ``(3) Report.--Not later than 18 months after the date of 
    enactment of this subsection, the Secretary shall submit to the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Energy and Commerce of the House of 
    Representatives a report that describes a plan for implementing an 
    advanced crash-avoidance technology information and rating system, 
    in accordance with subsection (a).
    ``(f) Vulnerable Road User Safety.--
        ``(1) Notice.--Not later than 1 year after the date of 
    enactment of this subsection, the Secretary shall publish a notice, 
    for purposes of public review and comment, to establish a means for 
    providing to consumers information relating to pedestrian, 
    bicyclist, or other vulnerable road user safety technologies, in 
    accordance with subsection (a).
        ``(2) Inclusions.--The notice under paragraph (1) shall 
    include--
            ``(A) an appropriate methodology for--
                ``(i) determining which technologies shall be included 
            in the information;
                ``(ii) developing performance test criteria for use by 
            manufacturers in evaluating the extent to which automated 
            pedestrian safety systems in light vehicles attempt to 
            prevent and mitigate, to the best extent possible, 
            pedestrian injury;
                ``(iii) determining a distinct rating involving each 
            technology to be included; and
                ``(iv) updating overall vehicle ratings to incorporate 
            vulnerable road user safety technology ratings; and
            ``(B) such other information and analyses as the Secretary 
        determines to be necessary to implement the rating of 
        vulnerable road user safety technologies.
        ``(3) Report.--Not later than 18 months after the date of 
    enactment of this subsection, the Secretary shall submit to the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Energy and Commerce of the House of 
    Representatives a report that describes a plan for implementing an 
    information and rating system for vulnerable road user safety 
    technologies, in accordance with subsection (a).''.
    (c) Roadmap.--
        (1) In general.--Chapter 323 of title 49, United States Code, 
    is amended by adding at the end the following:
``Sec. 32310. New Car Assessment Program roadmap
    ``(a) Establishment.--Not later than 1 year after the date of 
enactment of this section, and not less frequently than once every 4 
years thereafter, the Secretary of Transportation (referred to in this 
section as the `Secretary') shall establish a roadmap for the 
implementation of the New Car Assessment Program of the National 
Highway Traffic Safety Administration.
    ``(b) Requirements.--A roadmap under subsection (a) shall--
        ``(1) cover a term of 10 years, consisting of--
            ``(A) a mid-term component covering the initial 5 years of 
        the term; and
            ``(B) a long-term component covering the final 5 years of 
        the term; and
        ``(2) be in accordance with--
            ``(A) section 306 of title 5;
            ``(B) section 1115 of title 31;
            ``(C) section 24401 of the FAST Act (49 U.S.C. 105 note; 
        Public Law 114-94); and
            ``(D) any other relevant plans of the National Highway 
        Traffic Safety Administration.
    ``(c) Contents.--A roadmap under subsection (a) shall include--
        ``(1) a plan for any changes to the New Car Assessment Program 
    of the National Highway Traffic Safety Administration, including--
            ``(A) descriptions of actions to be carried out to update 
        the passenger motor vehicle information developed under section 
        32302(a), including the development of test procedures, test 
        devices, test fixtures, and safety performance metrics, which 
        shall, as applicable, incorporate--
                ``(i) objective criteria for evaluating safety 
            technologies; and
                ``(ii) reasonable time periods for compliance with new 
            or updated tests;
            ``(B) key milestones, including the anticipated start of an 
        action, completion of an action, and effective date of an 
        update; and
            ``(C) descriptions of the means by which an update will 
        improve the passenger motor vehicle information developed under 
        section 32302(a);
        ``(2) an identification and prioritization of safety 
    opportunities and technologies--
            ``(A) with respect to the mid-term component of the roadmap 
        under subsection (b)(1)(A)--
                ``(i) that are practicable; and
                ``(ii) for which objective rating tests, evaluation 
            criteria, and other consumer data exist for a market-based, 
            consumer information approach; and
            ``(B) with respect to the long-term component of the 
        roadmap under subsection (b)(1)(B), exist or are in 
        development;
        ``(3) an identification of--
            ``(A) any safety opportunity or technology that--
                ``(i) is identified through the activities carried out 
            pursuant to subsection (d) or (e); and
                ``(ii) is not included in the roadmap under paragraph 
            (2);
            ``(B) the reasons why such a safety opportunity or 
        technology is not included in the roadmap; and
            ``(C) any developments or information that would be 
        necessary for the Secretary to consider including such a safety 
        opportunity or technology in a future roadmap; and
        ``(4) consideration of the benefits of consistency with other 
    rating systems used--
            ``(A) within the United States; and
            ``(B) internationally.
    ``(d) Considerations.--Before finalizing a roadmap under this 
section, the Secretary shall--
        ``(1) make the roadmap available for public comment;
        ``(2) review any public comments received under paragraph (1); 
    and
        ``(3) incorporate in the roadmap under this section those 
    comments, as the Secretary determines to be appropriate.
    ``(e) Stakeholder Engagement.--Not less frequently than annually, 
the Secretary shall engage stakeholders that represent a diversity of 
technical backgrounds and viewpoints--
        ``(1) to identify--
            ``(A) safety opportunities or technologies in development 
        that could be included in future roadmaps; and
            ``(B) opportunities to benefit from collaboration or 
        harmonization with third-party safety rating programs;
        ``(2) to assist with long-term planning;
        ``(3) to provide an interim update of the status and 
    development of the following roadmap to be established under 
    subsection (a); and
        ``(4) to collect feedback or other information that the 
    Secretary determines to be relevant to enhancing the New Car 
    Assessment Program of the National Highway Traffic Safety 
    Administration.''.
        (2) Clerical amendment.--The analysis for chapter 323 of title 
    49, United States Code, is amended by adding at the end the 
    following:
``32310. New Car Assessment Program roadmap.''.
SEC. 24214. HOOD AND BUMPER STANDARDS.
    (a) Notice.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall issue a notice, for purposes of public 
review and comment, regarding potential updates to hood and bumper 
standards for motor vehicles (as defined in section 30102(a) of title 
49, United States Code).
    (b) Inclusions.--The notice under subsection (a) shall include 
information relating to--
        (1) the incorporation or consideration of advanced crash-
    avoidance technology in existing motor vehicle standards;
        (2) the incorporation or consideration of standards or 
    technologies to reduce the number of injuries and fatalities 
    suffered by pedestrians, bicyclists, or other vulnerable road 
    users;
        (3) the development of performance test criteria for use by 
    manufacturers in evaluating advanced crash-avoidance technology, 
    including technology relating to vulnerable road user safety;
        (4) potential harmonization with global standards, including 
    United Nations Economic Commission for Europe Regulation Number 42; 
    and
        (5) such other information and analyses as the Secretary 
    determines to be necessary.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report that describes--
        (1) the current status of hood and bumper standards;
        (2) relevant advanced crash-avoidance technology;
        (3) actions needed to be carried out to develop performance 
    test criteria; and
        (4) if applicable, a plan for incorporating advanced crash-
    avoidance technology, including technology relating to vulnerable 
    road user safety, in existing standards.
SEC. 24215. EMERGENCY MEDICAL SERVICES AND 9-1-1.
    Section 158(a) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 942(a)) is amended by 
striking paragraph (4).
SEC. 24216. EARLY WARNING REPORTING.
    (a) In General.--Section 30166(m)(3) of title 49, United States 
Code, is amended by adding at the end the following:
            ``(D) Settlements.--Notwithstanding any order entered in a 
        civil action restricting the disclosure of information, a 
        manufacturer of a motor vehicle or motor vehicle equipment 
        shall comply with the requirements of this subsection and any 
        regulations promulgated pursuant to this subsection.''.
    (b) Study and Report.--Not later than 18 months after the date of 
enactment of this Act, the Administrator of the National Highway 
Traffic Safety Administration shall--
        (1) conduct a study--
            (A) to evaluate the early warning reporting data submitted 
        under section 30166(m) of title 49, United States Code 
        (including regulations); and
            (B) to identify improvements, if any, that would enhance 
        the use by the National Highway Traffic Administration of early 
        warning reporting data to enhance safety; and
        (2) submit to the Committee on the Committee on Commerce, 
    Science, and Transportation of the Senate and the Committee on 
    Energy and Commerce of the House of Representatives a report 
    describing the results of the study under paragraph (1), including 
    any recommendations for regulatory or legislative action.
SEC. 24217. IMPROVED VEHICLE SAFETY DATABASES.
    Not later than 3 years after the date of enactment of this Act, 
after consultation with frequent users of publicly available databases, 
the Secretary shall improve public accessibility to information 
relating to the publicly accessible vehicle safety databases of the 
National Highway Traffic Safety Administration by revising the publicly 
accessible vehicle safety databases--
        (1) to improve organization and functionality, including design 
    features such as drop-down menus;
        (2) to allow data from applicable publicly accessible vehicle 
    safety databases to be searched, sorted, aggregated, and downloaded 
    in a manner that--
            (A) is consistent with the public interest; and
            (B) facilitates easy use by consumers;
        (3) to provide greater consistency in presentation of vehicle 
    safety issues;
        (4) to improve searchability regarding specific vehicles and 
    issues, which may include the standardization of commonly used 
    search terms; and
        (5) to ensure nonconfidential documents and materials relating 
    to information created or obtained by the National Highway Traffic 
    Safety Administration are made publicly available in a manner that 
    is--
            (A) timely; and
            (B) searchable in databases by any element that the 
        Secretary determines to be in the public interest.
SEC. 24218. NATIONAL DRIVER REGISTER ADVISORY COMMITTEE REPEAL.
    (a) In General.--Section 30306 of title 49, United States Code, is 
repealed.
    (b) Clerical Amendment.--The analysis for chapter 303 of title 49, 
United States Code, is amended by striking the item relating to section 
30306.
SEC. 24219. RESEARCH ON CONNECTED VEHICLE TECHNOLOGY.
    The Administrator of the National Highway Traffic Safety 
Administration, in collaboration with the head of the Intelligent 
Transportation Systems Joint Program Office and the Administrator of 
the Federal Highway Administration, shall--
        (1) not later than 180 days after the date of enactment of this 
    Act, expand vehicle-to-pedestrian research efforts focused on 
    incorporating bicyclists and other vulnerable road users into the 
    safe deployment of connected vehicle systems; and
        (2) not later than 2 years after the date of enactment of this 
    Act, submit to Congress and make publicly available a report 
    describing the findings of the research efforts described in 
    paragraph (1), including an analysis of the extent to which 
    applications supporting vulnerable road users can be accommodated 
    within existing spectrum allocations for connected vehicle systems.
SEC. 24220. ADVANCED IMPAIRED DRIVING TECHNOLOGY.
    (a) Findings.--Congress finds that--
        (1) alcohol-impaired driving fatalities represent approximately 
    \1/3\ of all highway fatalities in the United States each year;
        (2) in 2019, there were 10,142 alcohol-impaired driving 
    fatalities in the United States involving drivers with a blood 
    alcohol concentration level of .08 or higher, and 68 percent of the 
    crashes that resulted in those fatalities involved a driver with a 
    blood alcohol concentration level of .15 or higher;
        (3) the estimated economic cost for alcohol-impaired driving in 
    2010 was $44,000,000,000;
        (4) according to the Insurance Institute for Highway Safety, 
    advanced drunk and impaired driving prevention technology can 
    prevent more than 9,400 alcohol-impaired driving fatalities 
    annually; and
        (5) to ensure the prevention of alcohol-impaired driving 
    fatalities, advanced drunk and impaired driving prevention 
    technology must be standard equipment in all new passenger motor 
    vehicles.
    (b) Definitions.--In this section:
        (1) Advanced drunk and impaired driving prevention 
    technology.--The term ``advanced drunk and impaired driving 
    prevention technology'' means a system that--
            (A) can--
                (i) passively monitor the performance of a driver of a 
            motor vehicle to accurately identify whether that driver 
            may be impaired; and
                (ii) prevent or limit motor vehicle operation if an 
            impairment is detected;
            (B) can--
                (i) passively and accurately detect whether the blood 
            alcohol concentration of a driver of a motor vehicle is 
            equal to or greater than the blood alcohol concentration 
            described in section 163(a) of title 23, United States 
            Code; and
                (ii) prevent or limit motor vehicle operation if a 
            blood alcohol concentration above the legal limit is 
            detected; or
            (C) is a combination of systems described in subparagraphs 
        (A) and (B).
        (2) New.--The term ``new'', with respect to a passenger motor 
    vehicle, means that the passenger motor vehicle--
            (A) is a new vehicle (as defined in section 37.3 of title 
        49, Code of Federal Regulations (or a successor regulation)); 
        and
            (B) has not been purchased for purposes other than resale.
        (3) Passenger motor vehicle.--The term ``passenger motor 
    vehicle'' has the meaning given the term in section 32101 of title 
    49, United States Code.
        (4) Secretary.--The term ``Secretary'' means the Secretary of 
    Transportation, acting through the Administrator of the National 
    Highway Traffic Safety Administration.
    (c) Advanced Drunk and Impaired Driving Prevention Technology 
Safety Standard.--Subject to subsection (e) and not later than 3 years 
after the date of enactment of this Act, the Secretary shall issue a 
final rule prescribing a Federal motor vehicle safety standard under 
section 30111 of title 49, United States Code, that requires passenger 
motor vehicles manufactured after the effective date of that standard 
to be equipped with advanced drunk and impaired driving prevention 
technology.
    (d) Requirement.--To allow sufficient time for manufacturer 
compliance, the compliance date of the rule issued under subsection (c) 
shall be not earlier than 2 years and not more than 3 years after the 
date on which that rule is issued.
    (e) Timing.--If the Secretary determines that the Federal motor 
vehicle safety standard required under subsection (c) cannot meet the 
requirements and considerations described in subsections (a) and (b) of 
section 30111 of title 49, United States Code, by the applicable date, 
the Secretary--
        (1) may extend the time period to such date as the Secretary 
    determines to be necessary, but not later than the date that is 3 
    years after the date described in subsection (c);
        (2) shall, not later than the date described in subsection (c) 
    and not less frequently than annually thereafter until the date on 
    which the rule under that subsection is issued, submit to the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Energy and Commerce of the House of 
    Representatives a report describing, as of the date of submission 
    of the report--
            (A) the reasons for not prescribing a Federal motor vehicle 
        safety standard under section 30111 of title 49, United States 
        Code, that requires advanced drunk and impaired driving 
        prevention technology in all new passenger motor vehicles;
            (B) the deployment of advanced drunk and impaired driving 
        prevention technology in vehicles;
            (C) any information relating to the ability of vehicle 
        manufacturers to include advanced drunk and impaired driving 
        prevention technology in new passenger motor vehicles; and
            (D) an anticipated timeline for prescribing the Federal 
        motor vehicle safety standard described in subsection (c); and
        (3) if the Federal motor vehicle safety standard required by 
    subsection (c) has not been finalized by the date that is 10 years 
    after the date of enactment of this Act, shall submit to the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Energy and Commerce of the House of 
    Representative a report describing--
            (A) the reasons why the Federal motor vehicle safety 
        standard has not been finalized;
            (B) the barriers to finalizing the Federal motor vehicle 
        safety standard; and
            (C) recommendations to Congress to facilitate the Federal 
        motor vehicle safety standard.
SEC. 24221. GAO REPORT ON CRASH DUMMIES.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall conduct 
a study and submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce 
of the House of Representatives a report that--
        (1) examines--
            (A) the processes used by the National Highway Traffic 
        Safety Administration (referred to in this section as the 
        ``Administration'') for studying and deploying crash test 
        dummies;
            (B)(i) the types of crash test dummies used by the 
        Administration as of the date of enactment of this Act;
            (ii) the seating positions in which those crash test 
        dummies are tested; and
            (iii) whether the seating position affects disparities in 
        motor vehicle safety outcomes based on demographic 
        characteristics, including sex, and, if so, how the seating 
        position affects those disparities;
            (C) the biofidelic crash test dummies that are available in 
        the global and domestic marketplace that reflect the physical 
        and demographic characteristics of the driving public in the 
        United States, including--
                (i) females;
                (ii) the elderly;
                (iii) young adults;
                (iv) children; and
                (v) individuals of differing body weights;
            (D) how the Administration determines whether to study and 
        deploy new biofidelic crash test dummies, including the 
        biofidelic crash test dummies examined under subparagraph (C), 
        and the timelines by which the Administration conducts the work 
        of making those determinations and studying and deploying new 
        biofidelic crash test dummies;
            (E) challenges the Administration faces in studying and 
        deploying new crash test dummies; and
            (F) how the practices of the Administration with respect to 
        crash test dummies compare to other programs that test vehicles 
        and report results to the public, including the European New 
        Car Assessment Programme;
        (2) evaluates potential improvements to the processes described 
    in paragraph (1) that could reduce disparities in motor vehicle 
    safety outcomes based on demographic characteristics, including 
    sex;
        (3) analyzes the potential use of computer simulation 
    techniques, as a supplement to physical crash tests, to conduct 
    virtual simulations of vehicle crash tests in order to evaluate 
    predicted motor vehicle safety outcomes based on the different 
    physical and demographic characteristics of motor vehicle 
    occupants; and
        (4) includes, as applicable, any assessments or recommendations 
    relating to crash test dummies that are relevant to reducing 
    disparities in motor vehicle safety outcomes based on demographic 
    characteristics, including sex.
    (b) Interim Report From the Administration.--Not later than 90 days 
after the date of enactment of this Act, the Administrator of the 
Administration shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce 
of the House of Representatives a report that--
        (1) identifies--
            (A) the types of crash test dummies used by the 
        Administration as of the date of enactment of this Act with 
        respect to--
                (i) the New Car Assessment Program of the 
            Administration; and
                (ii) testing relating to Federal Motor Vehicle Safety 
            Standards;
            (B) how each type of crash test dummy identified under 
        subparagraph (A) is tested with respect to seating position; 
        and
            (C) any crash test dummies that the Administration is 
        actively evaluating for future use--
                (i) in the New Car Assessment Program of the 
            Administration; or
                (ii) for testing relating to Federal Motor Vehicle 
            Safety Standards;
        (2) explains--
            (A) the plans of the Administration, including the expected 
        timelines, for putting any crash test dummies identified under 
        paragraph (1)(C) to use as described in that paragraph;
            (B) any challenges to putting those crash test dummies to 
        use; and
            (C) the potential use of computer simulation techniques, as 
        a supplement to physical crash tests, to conduct virtual 
        simulations of vehicle crash tests in order to evaluate 
        predicted motor vehicle safety outcomes based on the different 
        physical and demographic characteristics of motor vehicle 
        occupants; and
        (3) provides policy recommendations for reducing disparities in 
    motor vehicle safety testing and outcomes based on demographic 
    characteristics, including sex.
SEC. 24222. CHILD SAFETY.
    (a) Amendment.--
        (1) In general.--Chapter 323 of title 49, United States Code, 
    is amended by adding after section 32304A the following:
``Sec. 32304B. Child safety
    ``(a) Definitions.--In this section:
        ``(1) Passenger motor vehicle.--The term `passenger motor 
    vehicle' has the meaning given that term in section 32101.
        ``(2) Rear-designated seating position.--The term `rear-
    designated seating position' means designated seating positions 
    that are rearward of the front seat.
        ``(3) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.
    ``(b) Rulemaking.--Not later than 2 years after the date of 
enactment of this section, the Secretary shall issue a final rule 
requiring all new passenger motor vehicles weighing less than 10,000 
pounds gross vehicle weight to be equipped with a system to alert the 
operator to check rear-designated seating positions after the vehicle 
engine or motor is deactivated by the operator.
    ``(c) Means.--The alert required under subsection (b)--
        ``(1) shall include a distinct auditory and visual alert, which 
    may be combined with a haptic alert; and
        ``(2) shall be activated when the vehicle motor is deactivated 
    by the operator.
    ``(d) Phase-in.--The rule issued pursuant to subsection (b) shall 
require full compliance with the rule beginning on September 1st of the 
first calendar year that begins 2 years after the date on which the 
final rule is issued.''.
        (2) Clerical amendment.--The analysis for chapter 323 of title 
    49, United States Code, is amended by inserting after the item 
    relating to section 32304A the following:
``32304B. Child safety.''.

    (b) Awareness of Children in Motor Vehicles.--Section 402 of title 
23, United States Code (as amended by section 24102(a)(9)), is amended 
by adding at the end the following:
    ``(o) Unattended Passengers.--
        ``(1) In general.--Each State shall use a portion of the 
    amounts received by the State under this section to carry out a 
    program to educate the public regarding the risks of leaving a 
    child or unattended passenger in a vehicle after the vehicle motor 
    is deactivated by the operator.
        ``(2) Program placement.--Nothing in this subsection requires a 
    State to carry out a program described in paragraph (1) through the 
    State transportation or highway safety office.''.
    (c) Study and Report.--
        (1) Study.--
            (A) In general.--The Secretary shall conduct a study on--
                (i) the potential retrofitting of existing passenger 
            motor vehicles with 1 or more technologies that may address 
            the problem of children left in rear-designated seating 
            positions of motor vehicles after deactivation of the motor 
            vehicles by an operator; and
                (ii) the potential benefits and burdens, logistical or 
            economic, associated with widespread use of those 
            technologies.
            (B) Elements.--In carrying out the study under subparagraph 
        (A), the Secretary shall--
                (i) survey and evaluate a variety of methods used by 
            current and emerging aftermarket technologies or products 
            to reduce the risk of children being left in rear-
            designated seating positions after deactivation of a motor 
            vehicle; and
                (ii) provide recommendations--

                    (I) for manufacturers of the technologies and 
                products described in clause (i) to carry out a 
                functional safety performance evaluation to ensure that 
                the technologies and products perform as designed by 
                the manufacturer under a variety of real-world 
                conditions; and
                    (II) for consumers on methods to select an 
                appropriate technology or product described in clause 
                (i) in order to retrofit existing vehicles.

        (2) Report by secretary.--Not later than 180 days after the 
    date on which the Secretary issues the final rule required by 
    section 32304B(b) of title 49, United States Code (as added by 
    subsection (a)(1)), the Secretary shall submit a report describing 
    the results of the study carried out under paragraph (1) to--
            (A) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (B) the Committee on Energy and Commerce of the House of 
        Representatives.

                    TITLE V--RESEARCH AND INNOVATION

SEC. 25001. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM ADVISORY 
COMMITTEE.
    Section 515(h) of title 23, United States Code, is amended--
        (1) in paragraph (1), by inserting ``(referred to in this 
    subsection as the `Advisory Committee')'' after ``an Advisory 
    Committee'';
        (2) in paragraph (2)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``20 members'' and inserting ``25 members'';
            (B) in subparagraph (O) (as redesignated by section 
        13008(a)(2))--
                (i) by striking ``utilities,''; and
                (ii) by striking the period at the end and inserting a 
            semicolon;
            (C) by redesignating subparagraphs (F), (G), (H), (I), (J), 
        (K), (L), (M), (N), and (O) (as added or redesignated by 
        section 13008(a)) as subparagraphs (H), (J), (K), (L), (M), 
        (N), (O), (S), (T), and (U), respectively;
            (D) by inserting after subparagraph (E) (as redesignated by 
        section 13008(a)(2)) the following:
            ``(F) a representative of a national transit association;
            ``(G) a representative of a national, State, or local 
        transportation agency or association;'';
            (E) by inserting after subparagraph (H) (as redesignated by 
        subparagraph (C)) the following:
            ``(I) a private sector developer of intelligent 
        transportation system technologies, which may include emerging 
        vehicle technologies;'';
            (F) by inserting after subparagraph (O) (as so 
        redesignated) the following:
            ``(P) a representative of a labor organization;
            ``(Q) a representative of a mobility-providing entity;
            ``(R) an expert in traffic management;''; and
            (G) by adding at the end the following:
            ``(V) an expert in cybersecurity; and
            ``(W) an automobile manufacturer.'';
        (3) in paragraph (3)--
            (A) in subparagraph (A), by striking ``section 508'' and 
        inserting ``section 6503 of title 49''; and
            (B) in subparagraph (B)--
                (i) in the matter preceding clause (i), by inserting 
            ``programs and'' before ``research''; and
                (ii) in clause (iii), by striking ``research and'' and 
            inserting ``programs, research, and'';
        (4) by redesignating paragraphs (3) through (5) as paragraphs 
    (5) through (7); and
        (5) by inserting after paragraph (2) the following:
        ``(3) Term.--
            ``(A) In general.--The term of a member of the Advisory 
        Committee shall be 3 years.
            ``(B) Renewal.--On expiration of the term of a member of 
        the Advisory Committee, the member--
                ``(i) may be reappointed; or
                ``(ii) if the member is not reappointed under clause 
            (i), may serve until a new member is appointed.
        ``(4) Meetings.--The Advisory Committee--
            ``(A) shall convene not less frequently than twice each 
        year; and
            ``(B) may convene with the use of remote video conference 
        technology.''.
SEC. 25002. SMART COMMUNITY RESOURCE CENTER.
    (a) Definitions.--In this section:
        (1) Resource center.--The term ``resource center'' means the 
    Smart Community Resource Center established under subsection (b).
        (2) Smart community.--The term ``smart community'' means a 
    community that uses innovative technologies, data, analytics, and 
    other means to improve the community and address local challenges.
    (b) Establishment.--The Secretary shall work with the modal 
administrations of the Department and with such other Federal agencies 
and departments as the Secretary determines to be appropriate to make 
available to the public on an Internet website a resource center, to be 
known as the ``Smart Community Resource Center'', that includes a 
compilation of resources or links to resources for States and local 
communities to use in developing and implementing--
        (1) intelligent transportation system programs; or
        (2) smart community transportation programs.
    (c) Inclusions.--The resource center shall include links to--
        (1) existing programs and resources for intelligent 
    transportation system or smart community transportation programs, 
    including technical assistance, education, training, funding, and 
    examples of intelligent transportation systems or smart community 
    transportation programs implemented by States and local 
    communities, available from--
            (A) the Department;
            (B) other Federal agencies; and
            (C) non-Federal sources;
        (2) existing reports or databases with the results of 
    intelligent transportation system or smart community transportation 
    programs;
        (3) any best practices developed or lessons learned from 
    intelligent transportation system or smart community transportation 
    programs; and
        (4) such other resources as the Secretary determines to be 
    appropriate.
    (d) Deadline.--The Secretary shall establish the resource center by 
the date that is 1 year after the date of enactment of this Act.
    (e) Updates.--The Secretary shall ensure that the resource center 
is updated on a regular basis.
SEC. 25003. FEDERAL SUPPORT FOR LOCAL DECISIONMAKING.
    (a) Local Outreach.--To determine the data analysis tools needed to 
assist local communities in making infrastructure decisions, the 
Director of the Bureau of Transportation Statistics shall perform 
outreach to planning and infrastructure decision-making officials in 
units of local government and other units of government, including a 
geographically diverse group of individuals from--
        (1) States;
        (2) political subdivisions of States;
        (3) cities;
        (4) metropolitan planning organizations;
        (5) regional transportation planning organizations; and
        (6) federally recognized Indian Tribes.
    (b) Work Plan.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, based on the outreach performed under 
    subsection (a), the Director of the Bureau of Transportation 
    Statistics shall submit to the Secretary a work plan for reviewing 
    and updating existing data analysis tools and developing any 
    additional data analysis tools needed to assist local communities 
    with making infrastructure investment decisions.
        (2) Contents.--Based on the needs identified pursuant to the 
    outreach performed under subsection (a), the work plan submitted 
    under paragraph (1) shall include--
            (A) a description of the data analysis tools identified 
        that would benefit infrastructure decision-making by local 
        governments and address the goals described in subsection (c);
            (B) a review of the datasets that local governments need to 
        effectively use the data analysis tools described in 
        subparagraph (A);
            (C) an identification of existing or proposed data analysis 
        tools that use publicly available data;
            (D) the estimated cost of obtaining each dataset described 
        in subparagraph (B);
            (E) the estimated cost to develop the data analysis tools 
        described in subparagraph (A);
            (F) a prioritization for the development of data analysis 
        tools described in subparagraph (A); and
            (G) a determination as to whether it would be appropriate 
        for the Federal Government to develop the data analysis tools 
        described in subparagraph (A).
    (c) Goals.--
        (1) In general.--A data analysis tool created pursuant to the 
    work plan submitted under subsection (b)(1) shall be developed to 
    help inform local communities in making infrastructure investments.
        (2) Specific issues.--A data analysis tool created pursuant to 
    the work plan submitted under subsection (b)(1) shall be intended 
    to help units of local government and other units of government 
    address 1 or more of the following:
            (A) Improving maintenance of existing assets.
            (B) Rebuilding infrastructure to a state of good repair.
            (C) Creating economic development through infrastructure 
        development.
            (D) Establishing freight plans and infrastructure that 
        connects the community to supply chains.
            (E) Increasing options for communities that lack access to 
        affordable transportation to improve access to jobs, affordable 
        housing, schools, medical services, foods and other essential 
        community services.
            (F) Reducing congestion.
            (G) Improving community resilience to extreme weather 
        events.
            (H) Any other subject, as the Director determines to be 
        necessary.
    (d) Implementation.--Subject to the availability of appropriations, 
the Secretary shall develop data analysis tools and purchase datasets 
as prioritized in the work plan.
    (e) Coordination.--The Director of the Bureau of Transportation 
Statistics may utilize existing working groups or advisory committees 
to perform the local outreach required under subsection (a).
SEC. 25004. BUREAU OF TRANSPORTATION STATISTICS.
    (a) Funding.--In addition to amounts made available from the 
Highway Trust Fund, there is authorized to be appropriated to the 
Secretary for use by the Bureau of Transportation Statistics for data 
collection and analysis activities $10,000,000 for each of fiscal years 
2022 through 2026.
    (b) Amendment.--Section 6302(b)(3)(B)(vi) of title 49, United 
States Code, is amended--
        (1) by striking subclause (V);
        (2) by redesignating subclauses (VI) through (XI) as subclauses 
    (VII) through (XII), respectively; and
        (3) by adding after subclause (IV) the following:

                    ``(V) employment in the transportation sector;
                    ``(VI) the effects of the transportation system, 
                including advanced technologies and automation, on 
                global and domestic economic competitiveness;''.

SEC. 25005. STRENGTHENING MOBILITY AND REVOLUTIONIZING TRANSPORTATION 
GRANT PROGRAM.
    (a) Definitions.--In this section:
        (1) Eligible entity.--The term ``eligible entity'' means--
            (A) a State;
            (B) a political subdivision of a State;
            (C) a Tribal government;
            (D) a public transit agency or authority;
            (E) a public toll authority;
            (F) a metropolitan planning organization; and
            (G) a group of 2 or more eligible entities described in any 
        of subparagraphs (A) through (F) applying through a single lead 
        applicant.
        (2) Eligible project.--The term ``eligible project'' means a 
    project described in subsection (e).
        (3) Large community.--The term ``large community'' means a 
    community with a population of not less than 400,000 individuals, 
    as determined under the most recent annual estimate of the Bureau 
    of the Census.
        (4) Midsized community.--The term ``midsized community'' means 
    any community that is not a large community or a rural community.
        (5) Regional partnership.--The term ``regional partnership'' 
    means a partnership composed of 2 or more eligible entities located 
    in jurisdictions with a combined population that is equal to or 
    greater than the population of any midsized community.
        (6) Rural community.--The term ``rural community'' means a 
    community that is located in an area that is outside of an 
    urbanized area (as defined in section 5302 of title 49, United 
    States Code).
        (7) SMART grant.--The term ``SMART grant'' means a grant 
    provided to an eligible entity under the Strengthening Mobility and 
    Revolutionizing Transportation Grant Program established under 
    subsection (b).
    (b) Establishment of Program.--The Secretary shall establish a 
program, to be known as the ``Strengthening Mobility and 
Revolutionizing Transportation Grant Program'', under which the 
Secretary shall provide grants to eligible entities to conduct 
demonstration projects focused on advanced smart city or community 
technologies and systems in a variety of communities to improve 
transportation efficiency and safety.
    (c) Distribution.--In determining the projects for which to provide 
a SMART grant, the Secretary shall consider contributions to 
geographical diversity among grant recipients, including the need for 
balancing the needs of rural communities, midsized communities, and 
large communities, consistent with the requirements of subparagraphs 
(A) through (C) of subsection (g)(1).
    (d) Applications.--
        (1) In general.--An eligible entity may submit to the Secretary 
    an application for a SMART grant at such time, in such manner, and 
    containing such information as the Secretary may require.
        (2) Transparency.--The Secretary shall include, in any notice 
    of funding availability relating to SMART grants, a full 
    description of the method by which applications under paragraph (1) 
    will be evaluated.
        (3) Selection criteria.--
            (A) In general.--The Secretary shall evaluate applications 
        for SMART grants based on--
                (i) the extent to which the eligible entity or 
            applicable beneficiary community--

                    (I) has a public transportation system or other 
                transit options capable of integration with other 
                systems to improve mobility and efficiency;
                    (II) has a population density and transportation 
                needs conducive to demonstrating proposed strategies;
                    (III) has continuity of committed leadership and 
                the functional capacity to carry out the proposed 
                project;
                    (IV) is committed to open data sharing with the 
                public; and
                    (V) is likely to successfully implement the 
                proposed eligible project, including through technical 
                and financial commitments from the public and private 
                sectors; and

                (ii) the extent to which a proposed eligible project 
            will use advanced data, technology, and applications to 
            provide significant benefits to a local area, a State, a 
            region, or the United States, including the extent to which 
            the proposed eligible project will--

                    (I) reduce congestion and delays for commerce and 
                the traveling public;
                    (II) improve the safety and integration of 
                transportation facilities and systems for pedestrians, 
                bicyclists, and the broader traveling public;
                    (III) improve access to jobs, education, and 
                essential services, including health care;
                    (IV) connect or expand access for underserved or 
                disadvantaged populations and reduce transportation 
                costs;
                    (V) contribute to medium- and long-term economic 
                competitiveness;
                    (VI) improve the reliability of existing 
                transportation facilities and systems;
                    (VII) promote connectivity between and among 
                connected vehicles, roadway infrastructure, 
                pedestrians, bicyclists, the public, and transportation 
                systems
                    (VIII) incentivize private sector investments or 
                partnerships, including by working with mobile and 
                fixed telecommunication service providers, to the 
                extent practicable;
                    (IX) improve energy efficiency or reduce pollution;
                    (X) increase the resiliency of the transportation 
                system; and
                    (XI) improve emergency response.

            (B) Priority.--In providing SMART grants, the Secretary 
        shall give priority to applications for eligible projects that 
        would--
                (i) demonstrate smart city or community technologies in 
            repeatable ways that can rapidly be scaled;
                (ii) encourage public and private sharing of data and 
            best practices;
                (iii) encourage private-sector innovation by promoting 
            industry-driven technology standards, open platforms, 
            technology-neutral requirements, and interoperability;
                (iv) promote a skilled workforce that is inclusive of 
            minority or disadvantaged groups;
                (v) allow for the measurement and validation of the 
            cost savings and performance improvements associated with 
            the installation and use of smart city or community 
            technologies and practices;
                (vi) encourage the adoption of smart city or community 
            technologies by communities;
                (vii) promote industry practices regarding 
            cybersecurity; and
                (viii) safeguard individual privacy.
        (4) Technical assistance.--On request of an eligible entity 
    that submitted an application under paragraph (1) with respect to a 
    project that is not selected for a SMART grant, the Secretary shall 
    provide to the eligible entity technical assistance and briefings 
    relating to the project.
    (e) Use of Grant Funds.--
        (1) Eligible projects.--
            (A) In general.--A SMART grant may be used to carry out a 
        project that demonstrates at least 1 of the following:
                (i) Coordinated automation.--The use of automated 
            transportation and autonomous vehicles, while working to 
            minimize the impact on the accessibility of any other user 
            group or mode of travel.
                (ii) Connected vehicles.--Vehicles that send and 
            receive information regarding vehicle movements in the 
            network and use vehicle-to-vehicle and vehicle-to-
            everything communications to provide advanced and reliable 
            connectivity.
                (iii) Intelligent, sensor-based infrastructure.--The 
            deployment and use of a collective intelligent 
            infrastructure that allows sensors to collect and report 
            real-time data to inform everyday transportation-related 
            operations and performance.
                (iv) Systems integration.--The integration of 
            intelligent transportation systems with other existing 
            systems and other advanced transportation technologies.
                (v) Commerce delivery and logistics.--Innovative data 
            and technological solutions supporting efficient goods 
            movement, such as connected vehicle probe data, road 
            weather data, or global positioning data to improve on-time 
            pickup and delivery, improved travel time reliability, 
            reduced fuel consumption and emissions, and reduced labor 
            and vehicle maintenance costs.
                (vi) Leveraging use of innovative aviation 
            technology.--Leveraging the use of innovative aviation 
            technologies, such as unmanned aircraft systems, to support 
            transportation safety and efficiencies, including traffic 
            monitoring and infrastructure inspection.
                (vii) Smart grid.--Development of a programmable and 
            efficient energy transmission and distribution system to 
            support the adoption or expansion of energy capture, 
            electric vehicle deployment, or freight or commercial fleet 
            fuel efficiency.
                (viii) Smart technology traffic signals.--Improving the 
            active management and functioning of traffic signals, 
            including through--

                    (I) the use of automated traffic signal performance 
                measures;
                    (II) implementing strategies, activities, and 
                projects that support active management of traffic 
                signal operations, including through optimization of 
                corridor timing, improved vehicle, pedestrian, and 
                bicycle detection at traffic signals, or the use of 
                connected vehicle technologies;
                    (III) replacing outdated traffic signals; or
                    (IV) for an eligible entity serving a population of 
                less than 500,000, paying the costs of temporary 
                staffing hours dedicated to updating traffic signal 
                technology.

        (2) Eligible project costs.--A SMART grant may be used for--
            (A) development phase activities, including--
                (i) planning;
                (ii) feasibility analyses;
                (iii) revenue forecasting;
                (iv) environmental review;
                (v) permitting;
                (vi) preliminary engineering and design work;
                (vii) systems development or information technology 
            work; and
                (viii) acquisition of real property (including land and 
            improvements to land relating to an eligible project); and
            (B) construction phase activities, including--
                (i) construction;
                (ii) reconstruction;
                (iii) rehabilitation;
                (iv) replacement;
                (v) environmental mitigation;
                (vi) construction contingencies; and
                (vii) acquisition of equipment, including vehicles.
        (3) Prohibited uses.--A SMART grant shall not be used--
            (A) to reimburse any preaward costs or application 
        preparation costs of the SMART grant application;
            (B) for any traffic or parking enforcement activity; or
            (C) to purchase or lease a license plate reader.
    (f) Reports.--
        (1) Eligible entities.--Not later than 2 years after the date 
    on which an eligible entity receives a SMART grant, and annually 
    thereafter until the date on which the SMART grant is expended, the 
    eligible entity shall submit to the Secretary an implementation 
    report that describes--
            (A) the deployment and operational costs of each eligible 
        project carried out by the eligible entity, as compared to the 
        benefits and savings from the eligible project; and
            (B) the means by which each eligible project carried out by 
        the eligible entity has met the original expectation, as 
        projected in the SMART grant application, including--
                (i) data describing the means by which the eligible 
            project met the specific goals for the project, such as--

                    (I) reducing traffic-related fatalities and 
                injuries;
                    (II) reducing traffic congestion or improving 
                travel-time reliability;
                    (III) providing the public with access to real-time 
                integrated traffic, transit, and multimodal 
                transportation information to make informed travel 
                decisions; or
                    (IV) reducing barriers or improving access to jobs, 
                education, or various essential services;

                (ii) the effectiveness of providing to the public real-
            time integrated traffic, transit, and multimodal 
            transportation information to make informed travel 
            decisions; and
                (iii) lessons learned and recommendations for future 
            deployment strategies to optimize transportation efficiency 
            and multimodal system performance.
        (2) GAO.--Not later than 4 years after the date of enactment of 
    this Act, the Comptroller General of the United States shall 
    conduct, and submit to the Committee on Commerce, Science, and 
    Transportation of the Senate, the Committee on Energy and Commerce 
    of the House of Representatives, and the Committee on 
    Transportation and Infrastructure of the House of Representatives a 
    report describing the results of, a review of the SMART grant 
    program under this section.
        (3) Secretary.--
            (A) Report to congress.--Not later than 2 years after the 
        date on which the initial SMART grants are provided under this 
        section, the Secretary shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate, the 
        Committee on Energy and Commerce of the House of 
        Representatives, and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report that--
                (i) describes each eligible entity that received a 
            SMART grant;
                (ii) identifies the amount of each SMART grant 
            provided;
                (iii) summarizes the intended uses of each SMART grant;
                (iv) describes the effectiveness of eligible entities 
            in meeting the goals described in the SMART grant 
            application of the eligible entity, including an assessment 
            or measurement of the realized improvements or benefits 
            resulting from each SMART grant; and
                (v) describes lessons learned and recommendations for 
            future deployment strategies to optimize transportation 
            efficiency and multimodal system performance.
            (B) Best practices.--The Secretary shall--
                (i) develop and regularly update best practices based 
            on, among other information, the data, lessons learned, and 
            feedback from eligible entities that received SMART grants;
                (ii) publish the best practices under clause (i) on a 
            publicly available website; and
                (iii) update the best practices published on the 
            website under clause (ii) regularly.
    (g) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated to the 
    Secretary $100,000,000 for each of the first 5 fiscal years 
    beginning after the date of enactment of this Act, of which--
            (A) not more than 40 percent shall be used to provide SMART 
        grants for eligible projects that primarily benefit large 
        communities;
            (B) not more than 30 percent shall be provided for eligible 
        projects that primarily benefit midsized communities; and
            (C) not more than 30 percent shall be used to provide SMART 
        grants for eligible projects that primarily benefit rural 
        communities or regional partnerships.
        (2) Administrative costs.--Of the amounts made available under 
    paragraph (1) for each fiscal year, not more than 2 percent shall 
    be used for administrative costs of the Secretary in carrying out 
    this section.
        (3) Limitation.--An eligible entity may not use more than 3 
    percent of the amount of a SMART grant for each fiscal year to 
    achieve compliance with applicable planning and reporting 
    requirements.
        (4) Availability.--The amounts made available for a fiscal year 
    pursuant to this subsection shall be available for obligation 
    during the 2-fiscal-year period beginning on the first day of the 
    fiscal year for which the amounts were appropriated.
SEC. 25006. ELECTRIC VEHICLE WORKING GROUP.
    (a) Definitions.--In this section:
        (1) Secretaries.--The term ``Secretaries'' means--
            (A) the Secretary; and
            (B) the Secretary of Energy.
        (2) Working group.--The term ``working group'' means the 
    electric vehicle working group established under subsection (b)(1).
    (b) Establishment.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Secretaries shall jointly establish an 
    electric vehicle working group to make recommendations regarding 
    the development, adoption, and integration of light-, medium-, and 
    heavy-duty electric vehicles into the transportation and energy 
    systems of the United States.
        (2) Membership.--
            (A) In general.--The working group shall be composed of--
                (i) the Secretaries (or designees), who shall be 
            cochairs of the working group; and
                (ii) not more than 25 members, to be appointed by the 
            Secretaries, of whom--

                    (I) not more than 6 shall be Federal stakeholders 
                as described in subparagraph (B); and
                    (II) not more than 19 shall be non-Federal 
                stakeholders as described in subparagraph (C).

            (B) Federal stakeholders.--The working group--
                (i) shall include not fewer than 1 representative of 
            each of--

                    (I) the Department;
                    (II) the Department of Energy;
                    (III) the Environmental Protection Agency;
                    (IV) the Council on Environmental Quality; and
                    (V) the General Services Administration; and

                (ii) may include a representative of any other Federal 
            agency the Secretaries consider to be appropriate.
            (C) Non-federal stakeholders.--
                (i) In general.--Subject to clause (ii), the working 
            group--

                    (I) shall include not fewer than 1 representative 
                of each of--

                        (aa) a manufacturer of light-duty electric 
                    vehicles or the relevant components of light-duty 
                    electric vehicles;
                        (bb) a manufacturer of medium- and heavy-duty 
                    vehicles or the relevant components of medium- and 
                    heavy-duty electric vehicles;
                        (cc) a manufacturer of electric vehicle 
                    batteries;
                        (dd) an owner, operator, or manufacturer of 
                    electric vehicle charging equipment;
                        (ee) the public utility industry;
                        (ff) a public utility regulator or association 
                    of public utility regulators;
                        (gg) the transportation fueling distribution 
                    industry;
                        (hh) the energy provider industry;
                        (ii) the automotive dealing industry;
                        (jj) the for-hire passenger transportation 
                    industry;
                        (kk) an organization representing units of 
                    local government;
                        (ll) an organization representing regional 
                    transportation or planning agencies;
                        (mm) an organization representing State 
                    departments of transportation;
                        (nn) an organization representing State 
                    departments of energy or State energy planners;
                        (oo) the intelligent transportation systems and 
                    technologies industry;
                        (pp) labor organizations representing workers 
                    in transportation manufacturing, construction, or 
                    operations;
                        (qq) the trucking industry;
                        (rr) Tribal governments; and
                        (ss) the property development industry; and

                    (II) may include a representative of any other non-
                Federal stakeholder that the Secretaries consider to be 
                appropriate.

                (ii) Requirement.--The stakeholders selected under 
            clause (i) shall, in the aggregate--

                    (I) consist of individuals with a balance of 
                backgrounds, experiences, and viewpoints; and
                    (II) include individuals that represent 
                geographically diverse regions of the United States, 
                including individuals representing the perspectives of 
                rural, urban, and suburban areas.

            (D) Compensation.--A member of the working group shall 
        serve without compensation.
        (3) Meetings.--
            (A) In general.--The working group shall meet not less 
        frequently than once every 120 days.
            (B) Remote participation.--A member of the working group 
        may participate in a meeting of the working group via 
        teleconference or similar means.
        (4) Coordination.--In carrying out the duties of the working 
    group, the working group shall coordinate and consult with any 
    existing Federal interagency working groups on fleet conversion or 
    other similar matters relating to electric vehicles.
    (c) Reports and Strategy on Electric Vehicle Adoption.--
        (1) Working group reports.--The working group shall complete by 
    each of the deadlines described in paragraph (2) a report 
    describing the status of electric vehicle adoption including--
            (A) a description of the barriers and opportunities to 
        scaling up electric vehicle adoption throughout the United 
        States, including recommendations for issues relating to--
                (i) consumer behavior;
                (ii) charging infrastructure needs, including 
            standardization and cybersecurity;
                (iii) manufacturing and battery costs, including the 
            raw material shortages for batteries and electric motor 
            magnets;
                (iv) the adoption of electric vehicles for low- and 
            moderate-income individuals and underserved communities, 
            including charging infrastructure access and vehicle 
            purchase financing;
                (v) business models for charging personal electric 
            vehicles outside the home, including wired and wireless 
            charging;
                (vi) charging infrastructure permitting and regulatory 
            issues;
                (vii) the connections between housing and 
            transportation costs and emissions;
                (viii) freight transportation, including local, port 
            and drayage, regional, and long-haul trucking;
                (ix) intercity passenger travel;
                (x) the process by which governments collect a user fee 
            for the contribution of electric vehicles to funding 
            roadway improvements;
                (xi) State- and local-level policies, incentives, and 
            zoning efforts;
                (xii) the installation of highway corridor signage;
                (xiii) secondary markets and recycling for batteries;
                (xiv) grid capacity and integration;
                (xv) energy storage; and
                (xvi) specific regional or local issues that may not 
            appear to apply throughout the United States, but may 
            hamper nationwide adoption or coordination of electric 
            vehicles;
            (B) examples of successful public and private models and 
        demonstration projects that encourage electric vehicle 
        adoption;
            (C) an analysis of current efforts to overcome the barriers 
        described in subparagraph (A);
            (D) an analysis of the estimated costs and benefits of any 
        recommendations of the working group; and
            (E) any other topics, as determined by the working group.
        (2) Deadlines.--A report under paragraph (1) shall be submitted 
    to the Secretaries, the Committees on Commerce, Science, and 
    Transportation and Appropriations of the Senate and the Committees 
    on Transportation and Infrastructure and Appropriations of the 
    House of Representatives--
            (A) in the case of the first report, by not later than 18 
        months after the date on which the working group is established 
        under subsection (b)(1);
            (B) in the case of the second report, by not later than 2 
        years after the date on which the first report is required to 
        be submitted under subparagraph (A); and
            (C) in the case of the third report, by not later than 2 
        years after the date on which the second report is required to 
        be submitted under subparagraph (B).
        (3) Strategy.--
            (A) In general.--Based on the reports submitted by the 
        working group under paragraph (1), the Secretaries shall 
        jointly develop, maintain, and update a strategy that describes 
        the means by which the Federal Government, States, units of 
        local government, and industry can--
                (i) establish quantitative targets for transportation 
            electrification;
                (ii) overcome the barriers described in paragraph 
            (1)(A);
                (iii) identify areas of opportunity in research and 
            development to improve battery manufacturing, mineral 
            mining, recycling costs, material recovery, fire risks, and 
            battery performance for electric vehicles;
                (iv) enhance Federal interagency coordination to 
            promote electric vehicle adoption;
                (v) prepare the workforce for the adoption of electric 
            vehicles, including through collaboration with labor 
            unions, educational institutions, and relevant 
            manufacturers;
                (vi) expand electric vehicle and charging 
            infrastructure;
                (vii) expand knowledge of the benefits of electric 
            vehicles among the general public;
                (viii) maintain the global competitiveness of the 
            United States in the electric vehicle and charging 
            infrastructure markets;
                (ix) provide clarity in regulations to improve national 
            uniformity with respect to electric vehicles; and
                (x) ensure the sustainable integration of electric 
            vehicles into the national electric grid.
            (B) Notice and comment.--In carrying out subparagraph (A), 
        the Secretaries shall provide public notice and opportunity for 
        comment on the strategy described in that subparagraph.
        (4) Information.--
            (A) In general.--The Secretaries may enter into an 
        agreement with the Transportation Research Board of the 
        National Academies of Sciences, Engineering, and Medicine to 
        provide, track, or report data, information, or research to 
        assist the working group in carrying out paragraph (1).
            (B) Use of existing information.--In developing a report 
        under paragraph (1) or a strategy under paragraph (3), the 
        Secretaries and the working group shall take into consideration 
        existing Federal, State, local, private sector, and academic 
        data and information relating to electric vehicles and, to the 
        maximum extent practicable, coordinate with the entities that 
        publish that information--
                (i) to prevent duplication of efforts by the Federal 
            Government; and
                (ii) to leverage existing information and complementary 
            efforts.
    (d) Coordination.--To the maximum extent practicable, the 
Secretaries and the working group shall carry out this section using 
all available existing resources, websites, and databases of Federal 
agencies, such as--
        (1) the Alternative Fuels Data Center;
        (2) the Energy Efficient Mobility Systems program; and
        (3) the Clean Cities Coalition Network.
    (e) Termination.--The working group shall terminate on submission 
of the third report required under subsection (c)(2)(C).
SEC. 25007. RISK AND SYSTEM RESILIENCE.
    (a) In General.--The Secretary, in consultation with appropriate 
Federal, State, and local agencies, shall develop a process for 
quantifying annual risk in order to increase system resilience with 
respect to the surface transportation system of the United States by 
measuring--
        (1) resilience to threat probabilities by type of hazard and 
    geographical location;
        (2) resilience to asset vulnerabilities with respect to each 
    applicable threat; and
        (3) anticipated consequences from each applicable threat to 
    each asset.
    (b) Use by State, Regional, Tribal, and Local Entities.--
        (1) In general.--The Secretary shall provide the process 
    developed under subsection (a) to State departments of 
    transportation, metropolitan planning organizations, Indian Tribes, 
    local governments, and other relevant entities.
        (2) Guidance and technical assistance.--The Secretary shall 
    provide to the entities described in paragraph (1) guidance and 
    technical assistance on the use of the process referred to in that 
    paragraph.
    (c) Research.--
        (1) In general.--The Secretary shall--
            (A) identify and support fundamental research to develop a 
        framework and quantitative models to support compilation of 
        information for risk-based analysis of transportation assets by 
        standardizing the basis for quantifying annual risk and 
        increasing system resilience; and
            (B) build on existing resilience research, including 
        studies conducted by--
                (i) the Transportation Research Board of the National 
            Academies of Sciences, Engineering, and Medicine; and
                (ii) the National Institute of Standards and 
            Technology.
        (2) Use of existing facilities.--In carrying out paragraph (1), 
    the Secretary shall use existing research facilities available to 
    the Secretary, including the Turner-Fairbank Highway Research 
    Center and University Transportation Centers established under 
    section 5505 of title 49, United States Code.
SEC. 25008. COORDINATION ON EMERGING TRANSPORTATION TECHNOLOGY.
    (a) In General.--Subchapter I of chapter 3 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 313. Nontraditional and Emerging Transportation Technology 
   Council
    ``(a) Establishment.--Not later than 180 days after the date of 
enactment of this section, the Secretary of Transportation (referred to 
in this section as the `Secretary') shall establish a council, to be 
known as the `Nontraditional and Emerging Transportation Technology 
Council' (referred to in this section as the `Council'), to address 
coordination on emerging technology issues across all modes of 
transportation.
    ``(b) Membership.--
        ``(1) In general.--The Council shall be composed of--
            ``(A) the Secretary, who shall serve as an ex officio 
        member of the Council;
            ``(B) the Deputy Secretary of Transportation;
            ``(C) the Under Secretary of Transportation for Policy;
            ``(D) the Assistant Secretary for Research and Technology 
        of the Department of Transportation;
            ``(E) the Assistant Secretary for Budget and Programs of 
        the Department of Transportation;
            ``(F) the General Counsel of the Department of 
        Transportation;
            ``(G) the Chief Information Officer of the Department of 
        Transportation;
            ``(H) the Administrator of the Federal Aviation 
        Administration;
            ``(I) the Administrator of the Federal Highway 
        Administration;
            ``(J) the Administrator of the Federal Motor Carrier Safety 
        Administration;
            ``(K) the Administrator of the Federal Railroad 
        Administration;
            ``(L) the Administrator of the Federal Transit 
        Administration;
            ``(M) the Administrator of the Maritime Administration;
            ``(N) the Administrator of the National Highway Traffic 
        Safety Administration;
            ``(O) the Administrator of the Pipeline and Hazardous 
        Materials Safety Administration; and
            ``(P) any other official of the Department of 
        Transportation, as determined by the Secretary.
        ``(2) Chair and vice chair.--
            ``(A) Chair.--The Deputy Secretary of Transportation (or a 
        designee) shall serve as Chair of the Council.
            ``(B) Vice chair.--The Under Secretary of Transportation 
        for Policy (or a designee) shall serve as Vice Chair of the 
        Council.
    ``(c) Duties.--The Council shall--
        ``(1) identify and resolve jurisdictional and regulatory gaps 
    or inconsistencies associated with nontraditional and emerging 
    transportation technologies, modes, or projects pending or brought 
    before the Department of Transportation to reduce, to the maximum 
    extent practicable, impediments to the prompt and safe deployment 
    of new and innovative transportation technology, including with 
    respect to--
            ``(A) safety oversight;
            ``(B) environmental review; and
            ``(C) funding and financing issues;
        ``(2) coordinate the response of the Department of 
    Transportation to nontraditional and emerging transportation 
    technology projects;
        ``(3) engage with stakeholders in nontraditional and emerging 
    transportation technology projects; and
        ``(4) develop and establish Department of Transportation-wide 
    processes, solutions, and best practices for identifying and 
    managing nontraditional and emerging transportation technology 
    projects.
    ``(d) Best Practices.--Not later than 1 year after the date of 
enactment of this section, the Council shall--
        ``(1) publish initial guidelines to achieve the purposes 
    described in subsection (c)(4); and
        ``(2) promote each modal administration within the Department 
    of Transportation to further test and support the advancement of 
    nontraditional and emerging transportation technologies not 
    specifically considered by the Council.
    ``(e) Support.--The Office of the Secretary shall provide support 
for the Council.
    ``(f) Meetings.--The Council shall meet not less frequently than 4 
times per year, at the call of the Chair.
    ``(g) Lead Modal Administration.--For each nontraditional or 
emerging transportation technology, mode, or project associated with a 
jurisdictional or regulatory gap or inconsistency identified under 
subsection (c)(1), the Chair of the Council shall--
        ``(1) designate a lead modal administration of the Department 
    of Transportation for review of the technology, mode, or project; 
    and
        ``(2) arrange for the detailing of staff between modal 
    administrations or offices of the Department of Transportation as 
    needed to maximize the sharing of experience and expertise.
    ``(h) Transparency.--Not later than 1 year after the date of 
establishment of the Council, and not less frequently than annually 
thereafter until December 31, 2026, the Council shall post on a 
publicly accessible website a report describing the activities of the 
Council during the preceding calendar year.''.
    (b) Clerical Amendment.--The analysis for subchapter I of chapter 3 
of title 49, United States Code, is amended by adding at the end the 
following:
``313. Nontraditional and Emerging Transportation Technology Council.''.
SEC. 25009. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.
    (a) In General.--Section 102 of title 49, United States Code (as 
amended by section 14009), is amended--
        (1) in subsection (a), by inserting ``(referred to in this 
    section as the `Department')'' after ``Transportation'';
        (2) in subsection (b), in the first sentence, by inserting 
    ``(referred to in this section as the `Secretary')'' after 
    ``Transportation'';
        (3) by redesignating subsection (h) as subsection (i); and
        (4) by inserting after subsection (g) the following:
    ``(h) Interagency Infrastructure Permitting Improvement Center.--
        ``(1) Definitions.--In this subsection:
            ``(A) Center.--The term `Center' means the Interagency 
        Infrastructure Permitting Improvement Center established by 
        paragraph (2).
            ``(B) Project.--The term `project' means a project 
        authorized or funded under--
                ``(i) this title; or
                ``(ii) title 14, 23, 46, or 51.
        ``(2) Establishment.--There is established within the Office of 
    the Secretary a center, to be known as the `Interagency 
    Infrastructure Permitting Improvement Center'.
        ``(3) Purposes.--The purposes of the Center shall be--
            ``(A) to implement reforms to improve interagency 
        coordination and expedite projects relating to the permitting 
        and environmental review of major transportation infrastructure 
        projects, including--
                ``(i) developing and deploying information technology 
            tools to track project schedules and metrics; and
                ``(ii) improving the transparency and accountability of 
            the permitting process;
            ``(B)(i) to identify appropriate methods to assess 
        environmental impacts; and
                ``(ii) to develop innovative methods for reasonable 
            mitigation;
            ``(C) to reduce uncertainty and delays with respect to 
        environmental reviews and permitting; and
            ``(D) to reduce costs and risks to taxpayers in project 
        delivery.
        ``(4) Executive director.--The Center shall be headed by an 
    Executive Director, who shall--
            ``(A) report to the Under Secretary of Transportation for 
        Policy;
            ``(B) be responsible for the management and oversight of 
        the daily activities, decisions, operations, and personnel of 
        the Center; and
            ``(C) carry out such additional duties as the Secretary may 
        prescribe.
        ``(5) Duties.--The Center shall carry out the following duties:
            ``(A) Coordinate and support implementation of priority 
        reform actions for Federal agency permitting and reviews.
            ``(B) Support modernization efforts at the operating 
        administrations within the Department and interagency pilot 
        programs relating to innovative approaches to the permitting 
        and review of transportation infrastructure projects.
            ``(C) Provide technical assistance and training to 
        Department staff on policy changes, innovative approaches to 
        project delivery, and other topics, as appropriate.
            ``(D) Identify, develop, and track metrics for timeliness 
        of permit reviews, permit decisions, and project outcomes.
            ``(E) Administer and expand the use of online transparency 
        tools providing for--
                ``(i) tracking and reporting of metrics;
                ``(ii) development and posting of schedules for permit 
            reviews and permit decisions;
                ``(iii) the sharing of best practices relating to 
            efficient project permitting and reviews; and
                ``(iv) the visual display of relevant geospatial data 
            to support the permitting process.
            ``(F) Submit to the Secretary reports describing progress 
        made toward achieving--
                ``(i) greater efficiency in permitting decisions and 
            review of infrastructure projects; and
                ``(ii) better outcomes for communities and the 
            environment.
        ``(6) Innovative best practices.--
            ``(A) In general.--The Center shall work with the operating 
        administrations within the Department, eligible entities, and 
        other public and private interests to develop and promote best 
        practices for innovative project delivery.
            ``(B) Activities.--The Center shall support the Department 
        and operating administrations in conducting environmental 
        reviews and permitting, together with project sponsor technical 
        assistance activities, by--
                ``(i) carrying out activities that are appropriate and 
            consistent with the goals and policies of the Department to 
            improve the delivery timelines for projects;
                ``(ii) serving as the Department liaison to--

                    ``(I) the Council on Environmental Quality; and
                    ``(II) the Federal Permitting Improvement Steering 
                Council established by section 41002(a) of the Fixing 
                America's Surface Transportation Act (42 U.S.C. 4370m-
                1(a));

                ``(iii) supporting the National Surface Transportation 
            and Innovative Finance Bureau (referred to in this 
            paragraph as the `Bureau') in implementing activities to 
            improve delivery timelines, as described in section 116(f), 
            for projects carried out under the programs described in 
            section 116(d)(1) for which the Bureau administers the 
            application process;
                ``(iv) leading activities to improve delivery timelines 
            for projects carried out under programs not administered by 
            the Bureau by--

                    ``(I) coordinating efforts to improve the 
                efficiency and effectiveness of the environmental 
                review and permitting process;
                    ``(II) providing technical assistance and training 
                to field and headquarters staff of Federal agencies 
                with respect to policy changes and innovative 
                approaches to the delivery of projects; and
                    ``(III) identifying, developing, and tracking 
                metrics for permit reviews and decisions by Federal 
                agencies for projects under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).

            ``(C) NEPA compliance assistance.--
                ``(i) In general.--Subject to clause (ii), at the 
            request of an entity that is carrying out a project, the 
            Center, in coordination with the appropriate operating 
            administrations within the Department, shall provide 
            technical assistance relating to compliance with the 
            applicable requirements of the National Environmental 
            Policy Act of 1969 (42 U.S.C. 4321 et seq.) and applicable 
            Federal authorizations.
                ``(ii) Assistance from the bureau.--For projects 
            carried out under the programs described in section 
            116(d)(1) for which the Bureau administers the application 
            process, the Bureau, on request of the entity carrying out 
            the project, shall provide the technical assistance 
            described in clause (i).''.
    (b) Conforming Amendment.--Section 116(f)(2) of title 49, United 
States Code, is amended--
        (1) by striking subparagraph (A); and
        (2) by redesignating subparagraphs (B) through (D) and 
    subparagraphs (A) through (C), respectively.
SEC. 25010. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC 
SUCCESS INITIATIVE.
    (a) Definitions.--In this section:
        (1) Build america bureau.--The term ``Build America Bureau'' 
    means the National Surface Transportation and Innovative Finance 
    Bureau established under section 116 of title 49, United States 
    Code.
        (2) Indian tribe.--The term ``Indian Tribe'' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304).
        (3) ROUTES council.--The term ``ROUTES Council'' means the 
    Rural Opportunities to Use Transportation for Economic Success 
    Council established by subsection (c)(1).
        (4) ROUTES office.--The term ``ROUTES Office'' means the Rural 
    Opportunities to Use Transportation for Economic Success Office 
    established by subsection (b)(1).
    (b) Routes Office.--
        (1) In general.--The Secretary shall establish within the 
    Department the Rural Opportunities to Use Transportation for 
    Economic Success Office--
            (A) to improve analysis of projects from rural areas, 
        Indian Tribes, and historically disadvantaged communities in 
        rural areas applying for Department discretionary grants, 
        including ensuring that project costs, local resources, and the 
        larger benefits to the people and the economy of the United 
        States are appropriately considered; and
            (B) to provide rural communities, Indian Tribes, and 
        historically disadvantaged communities in rural areas with 
        technical assistance for meeting the transportation 
        infrastructure investment needs of the United States in a 
        financially sustainable manner.
        (2) Objectives.--The ROUTES Office shall--
            (A) collect input from knowledgeable entities and the 
        public on--
                (i) the benefits of rural and Tribal transportation 
            projects;
                (ii) the technical and financial assistance required 
            for constructing and operating transportation 
            infrastructure and services within rural areas and on the 
            land of Indian Tribes;
                (iii) barriers and opportunities to funding 
            transportation projects in rural areas and on the land of 
            Indian Tribes; and
                (iv) unique transportation barriers and challenges 
            faced by Indian Tribes and historically disadvantaged 
            communities in rural areas;
            (B) evaluate data on transportation challenges faced by 
        rural communities and Indian Tribes and determine methods to 
        align the discretionary funding and financing opportunities of 
        the Department with the needs of those communities for meeting 
        national transportation goals;
            (C) provide education and technical assistance to rural 
        communities and Indian Tribes about applicable Department 
        discretionary grants, develop effective methods to evaluate 
        projects in those communities in discretionary grant programs, 
        and communicate those methods through program guidance;
            (D) carry out research and utilize innovative approaches to 
        resolve the transportation challenges faced by rural areas and 
        Indian Tribes; and
            (E) perform such other duties as determined by the 
        Secretary.
    (c) Routes Council.--
        (1) In general.--The Secretary shall establish a Rural 
    Opportunities to Use Transportation for Economic Success Council--
            (A) to organize, guide, and lead the ROUTES Office; and
            (B) to coordinate rural-related and Tribal-related funding 
        programs and assistance among the modal administrations of the 
        Department, the offices of the Department, and other Federal 
        agencies, as appropriate--
                (i) to ensure that the unique transportation needs and 
            attributes of rural areas and Indian Tribes are fully 
            addressed during the development and implementation of 
            programs, policies, and activities of the Department;
                (ii) to increase coordination of programs, policies, 
            and activities of the Department in a manner that improves 
            and expands transportation infrastructure in order to 
            further economic development in, and the quality of life 
            of, rural areas and Indian Tribes; and
                (iii) to provide rural areas and Indian Tribes with 
            proactive outreach--

                    (I) to improve access to discretionary funding and 
                financing programs; and
                    (II) to facilitate timely resolution of 
                environmental reviews for complex or high-priority 
                projects.

        (2) Membership.--
            (A) In general.--The ROUTES Council shall be composed of 
        the following officers of the Department, or their designees:
                (i) The Deputy Secretary of Transportation.
                (ii) The Under Secretary of Transportation for Policy.
                (iii) The General Counsel.
                (iv) The Chief Financial Officer and Assistant 
            Secretary for Budget and Programs.
                (v) The Assistant Secretary for Research and 
            Technology.
                (vi) The Assistant Secretary for Multimodal Freight.
                (vii) The Administrators of--

                    (I) the Federal Aviation Administration;
                    (II) the Federal Highway Administration;
                    (III) the Federal Railroad Administration; and
                    (IV) the Federal Transit Administration.

                (viii) The Executive Director of the Build America 
            Bureau.
                (ix) The Assistant Secretary for Governmental Affairs.
                (x) The Assistant Secretary for Transportation Policy.
                (xi) The Deputy Assistant Secretary for Tribal 
            Government Affairs.
            (B) Chair.--The Deputy Secretary of Transportation shall be 
        the Chair of the ROUTES Council.
            (C) Additional members.--The Secretary or the Chair of the 
        ROUTES Council may designate additional members to serve on the 
        ROUTES Council.
        (3) Additional modal input.--To address issues related to 
    safety and transport of commodities produced in or by, or 
    transported through, as applicable, rural areas, Indian Tribes, or 
    the land of Indian Tribes, the ROUTES Council shall consult with 
    the Administrators (or their designees) of--
            (A) the Maritime Administration;
            (B) the Great Lakes St. Lawrence Seaway Development 
        Corporation; and
            (C) the National Highway Traffic Safety Administration.
        (4) Duties.--Members of the ROUTES Council shall--
            (A) participate in all meetings and relevant ROUTES Council 
        activities and be prepared to share information relevant to 
        rural and Tribal transportation infrastructure projects and 
        issues;
            (B) provide guidance and leadership on rural and Tribal 
        transportation infrastructure issues and represent the work of 
        the ROUTES Council and the Department on those issues to 
        external stakeholders; and
            (C) recommend initiatives for the consideration of the 
        Chair of the ROUTES Council to establish and staff any 
        resulting activities or working groups.
        (5) Meetings.--The ROUTES Council shall meet bimonthly.
        (6) Additional staffing.--The Secretary shall ensure that the 
    ROUTES Council and ROUTES Office have adequate staff support to 
    carry out the duties of the ROUTES Council and the ROUTES Office, 
    respectively, under this section.
        (7) Work products and deliverables.--The ROUTES Council may 
    develop work products or deliverables to meet the goals of the 
    ROUTES Council, including--
            (A) an annual report to Congress describing ROUTES Council 
        activities for the past year and expected activities for the 
        coming year;
            (B) any recommendations to enhance the effectiveness of 
        Department discretionary grant programs regarding rural and 
        Tribal infrastructure issues; and
            (C) other guides and reports for relevant groups and the 
        public.
SEC. 25011. SAFETY DATA INITIATIVE.
    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
        (1) a State;
        (2) a unit of local government;
        (3) a transit agency or authority;
        (4) a metropolitan planning organization;
        (5) any other subdivision of a State or local government;
        (6) an institution of higher education; and
        (7) a multi-State or multijurisdictional group.
    (b) Safety Data Initiative.--
        (1) Establishment.--The Secretary shall establish an 
    initiative, to be known as the ``Safety Data Initiative'', to 
    promote the use of data integration, data visualization, and 
    advanced analytics for surface transportation safety through the 
    development of innovative practices and products for use by 
    Federal, State, and local entities.
        (2) Activities.--
            (A) Applied research.--
                (i) In general.--The Secretary shall support and carry 
            out applied research to develop practices and products that 
            will encourage the integration and use of traditional and 
            new sources of safety data and safety information to 
            improve policy and decisionmaking at the Federal, State, 
            and local government levels.
                (ii) Methodology.--In carrying out clause (i), the 
            Secretary may--

                    (I) carry out demonstration programs;
                    (II) award grants and provide incentives to 
                eligible entities;
                    (III) enter into partnerships with--

                        (aa) eligible entities;
                        (bb) private sector entities; and
                        (cc) National Laboratories; and

                    (IV) use any other tools, strategies, or methods 
                that will result in the effective use of data and 
                information for safety purposes.

            (B) Tools and practices.--In carrying out subparagraph (A), 
        the Secretary, to the maximum extent practicable, shall--
                (i) develop safety analysis tools for State and local 
            governments, with a particular focus on State and local 
            governments with limited capacity to perform safety 
            analysis;
                (ii)(I) identify innovative State and local government 
            practices;
                (II) incubate those practices for further development; 
            and
                (III) replicate those practices nationwide; and
                (iii) transfer to State and local governments the 
            results of the applied research carried out under that 
            subparagraph.
            (C) Data sharing.--
                (i) In general.--To inform the creation of information 
            useful for safety policy and decisionmaking, the Secretary 
            shall--

                    (I) encourage the sharing of data between and among 
                Federal, State, and local transportation agencies; and
                    (II) leverage data from private sector entities.

                (ii) Goals.--The goals of the data-sharing activities 
            under clause (i) shall include--

                    (I) the creation of data ecosystems to reduce 
                barriers to the efficient integration and analysis of 
                relevant datasets for use by safety professionals; and
                    (II) the establishment of procedures adequate to 
                ensure sufficient security, privacy, and 
                confidentiality as needed to promote the sharing of 
                sensitive or proprietary data.

                (iii) Management of data ecosystems.--A data ecosystem 
            described in clause (ii)(I) may be managed by--

                    (I) the Director of the Bureau of Transportation 
                Statistics;
                    (II) 1 or more trusted third parties, as determined 
                by the Secretary; or
                    (III) 1 or more other entities or partnerships 
                capable of securing, managing, and analyzing sensitive 
                or proprietary data.

        (3) Plan.--
            (A) In general.--The Safety Data Initiative shall be 
        carried out pursuant to a plan to be jointly established by--
                (i) the Under Secretary of Transportation for Policy;
                (ii) the Chief Information Officer of the Department;
                (iii) the Administrator of the National Highway Traffic 
            Safety Administration;
                (iv) the Administrator of the Federal Highway 
            Administration;
                (v) the Administrator of the Federal Motor Carrier 
            Safety Administration;
                (vi) the Administrator of the Federal Transit 
            Administration; and
                (vii) the Administrator of the Federal Railroad 
            Administration.
            (B) Requirement.--The plan established under subparagraph 
        (A) shall include details regarding the means by which tools 
        and innovations developed by projects carried out under the 
        Safety Data Initiative will be transferred to the appropriate 
        program of the Department for further implementation.
            (C) Deadline.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall direct the officials 
        described in clauses (i) through (vii) of subparagraph (A) to 
        establish, by a date determined by the Secretary, the plan 
        referred to in that subparagraph.
        (4) Termination.--The Safety Data Initiative shall terminate on 
    the later of--
            (A) the date that is 1 year after the date of enactment of 
        this Act; and
            (B) the date on which the Secretary makes the direction to 
        officials described in paragraph (3)(C).
SEC. 25012. ADVANCED TRANSPORTATION RESEARCH.
    (a) In General.--Chapter 1 of title 49, United States Code (as 
amended by section 21101(a)), is amended by adding at the end the 
following:
``Sec. 119. Advanced Research Projects Agency-Infrastructure
    ``(a) Definitions.--In this section:
        ``(1) ARPA-I.-- The term `ARPA-I' means the Advanced Research 
    Projects Agency-Infrastructure established by subsection (b).
        ``(2) Department.--The term `Department' means the Department 
    of Transportation.
        ``(3) Director.--The term `Director' means the Director of 
    ARPA-I appointed under subsection (d).
        ``(4) Eligible entity.--The term `eligible entity' means--
            ``(A) a unit of State or local government;
            ``(B) an institution of higher education;
            ``(C) a commercial entity;
            ``(D) a research foundation;
            ``(E) a trade or industry research collaborative;
            ``(F) a federally funded research and development center;
            ``(G) a research facility owned or funded by the 
        Department;
            ``(H) a collaborative that includes relevant international 
        entities; and
            ``(I) a consortia of 2 or more entities described in any of 
        subparagraphs (A) through (H).
        ``(5) Infrastructure.--
            ``(A) In general.--The term `infrastructure' means any 
        transportation method or facility that facilitates the transit 
        of goods or people within the United States (including 
        territories).
            ``(B) Inclusions.--The term `infrastructure' includes--
                ``(i) roads;
                ``(ii) highways;
                ``(iii) bridges;
                ``(iv) airports;
                ``(v) rail lines;
                ``(vi) harbors; and
                ``(vii) pipelines.
        ``(6) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.
    ``(b) Establishment.--There is established within the Department an 
agency, to be known as the `Advanced Research Projects Agency-
Infrastructure', to support the development of science and technology 
solutions--
        ``(1) to overcome long-term challenges; and
        ``(2) to advance the state of the art for United States 
    transportation infrastructure.
    ``(c) Goals.--
        ``(1) In general.--The goals of ARPA-I shall be--
            ``(A) to advance the transportation infrastructure of the 
        United States by developing innovative science and technology 
        solutions that--
                ``(i) lower the long-term costs of infrastructure 
            development, including costs of planning, construction, and 
            maintenance;
                ``(ii) reduce the lifecycle impacts of transportation 
            infrastructure on the environment, including through the 
            reduction of greenhouse gas emissions;
                ``(iii) contribute significantly to improving the safe, 
            secure, and efficient movement of goods and people; and
                ``(iv) promote the resilience of infrastructure from 
            physical and cyber threats; and
            ``(B) to ensure that the United States is a global leader 
        in developing and deploying advanced transportation 
        infrastructure technologies and materials.
        ``(2) Research projects.--ARPA-I shall achieve the goals 
    described in paragraph (1) by providing assistance under this 
    section for infrastructure research projects that--
            ``(A) advance novel, early-stage research with practicable 
        application to transportation infrastructure;
            ``(B) translate techniques, processes, and technologies, 
        from the conceptual phase to prototype, testing, or 
        demonstration;
            ``(C) develop advanced manufacturing processes and 
        technologies for the domestic manufacturing of novel 
        transportation-related technologies; and
            ``(D) accelerate transformational technological advances in 
        areas in which industry entities are unlikely to carry out 
        projects due to technical and financial uncertainty.
    ``(d) Director.--
        ``(1) Appointment.--ARPA-I shall be headed by a Director, who 
    shall be appointed by the President, by and with the advice and 
    consent of the Senate.
        ``(2) Qualifications.--The Director shall be an individual who, 
    by reason of professional background and experience, is especially 
    qualified to advise the Secretary regarding, and manage research 
    programs addressing, matters relating to the development of science 
    and technology solutions to advance United States transportation 
    infrastructure.
        ``(3) Relationship to secretary.--The Director shall--
            ``(A) be located within the Office of the Assistant 
        Secretary for Research and Technology; and
            ``(B) report to the Secretary.
        ``(4) Relationship to other programs.--No other program within 
    the Department shall report to the Director.
        ``(5) Responsibilities.--The responsibilities of the Director 
    shall include--
            ``(A) approving new programs within ARPA-I;
            ``(B) developing funding criteria, and assessing the 
        success of programs, to achieve the goals described in 
        subsection (c)(1) through the establishment of technical 
        milestones;
            ``(C) administering available funding by providing to 
        eligible entities assistance to achieve the goals described in 
        subsection (c)(1);
            ``(D) terminating programs carried out under this section 
        that are not achieving the goals of the programs; and
            ``(E) establishing a process through which eligible 
        entities can submit to ARPA-I unsolicited research proposals 
        for assistance under this section in accordance with subsection 
        (f).
    ``(e) Personnel.--
        ``(1) In general.--The Director shall establish and maintain 
    within ARPA-I a staff with sufficient qualifications and expertise 
    to enable ARPA-I to carry out the responsibilities under this 
    section, in conjunction with other operations of the Department.
        ``(2) Program directors.--
            ``(A) In general.--The Director shall designate employees 
        to serve as program directors for ARPA-I.
            ``(B) Responsibilities.--Each program director shall be 
        responsible for--
                ``(i) establishing research and development goals for 
            the applicable program, including by convening workshops 
            and conferring with outside experts;
                ``(ii) publicizing the goals of the applicable program;
                ``(iii) soliciting applications for specific areas of 
            particular promise, especially in areas that the private 
            sector or the Federal Government are not likely to carry 
            out absent assistance from ARPA-I;
                ``(iv) establishing research collaborations for 
            carrying out the applicable program;
                ``(v) selecting on the basis of merit each project to 
            be supported under the applicable program, taking into 
            consideration--

                    ``(I) the novelty and scientific and technical 
                merit of proposed projects;
                    ``(II) the demonstrated capabilities of eligible 
                entities to successfully carry out proposed projects;
                    ``(III) the extent to which an eligible entity took 
                into consideration future commercial applications of a 
                proposed project, including the feasibility of 
                partnering with 1 or more commercial entities; and
                    ``(IV) such other criteria as the Director may 
                establish;

                ``(vi) identifying innovative cost-sharing arrangements 
            for projects carried out or funded by ARPA-I;
                ``(vii) monitoring the progress of projects supported 
            under the applicable program;
                ``(viii) identifying mechanisms for commercial 
            application of successful technology development projects, 
            including through establishment of partnerships between 
            eligible entities and commercial entities; and
                ``(ix) as applicable, recommending--

                    ``(I) program restructuring; or
                    ``(II) termination of applicable research 
                partnerships or projects.

            ``(C) Term of service.--A program director--
                ``(i) shall serve for a term of 3 years; and
                ``(ii) may be reappointed for any subsequent term of 
            service.
        ``(3) Hiring and management.--
            ``(A) In general.--The Director may--
                ``(i) make appointments of scientific, engineering, and 
            professional personnel, without regard to the civil service 
            laws;
                ``(ii) fix the basic pay of such personnel at such rate 
            as the Director may determine, but not to exceed level II 
            of the Executive Schedule, without regard to the civil 
            service laws; and
                ``(iii) pay an employee appointed under this 
            subparagraph payments in addition to basic pay, subject to 
            the condition that the total amount of those additional 
            payments for any 12-month period shall not exceed the least 
            of--

                    ``(I) $25,000;
                    ``(II) an amount equal to 25 percent of the annual 
                rate of basic pay of the employee; and
                    ``(III) the amount of the applicable limitation for 
                a calendar year under section 5307(a)(1) of title 5.

            ``(B) Private recruiting firms.--The Director may enter 
        into a contract with a private recruiting firm for the hiring 
        of qualified technical staff to carry out this section.
            ``(C) Additional staff.--The Director may use all 
        authorities available to the Secretary to hire administrative, 
        financial, and clerical staff, as the Director determines to be 
        necessary to carry out this section.
    ``(f) Research Proposals.--
        ``(1) In general.--An eligible entity may submit to the 
    Director an unsolicited research proposal at such time, in such 
    manner, and containing such information as the Director may 
    require, including a description of--
            ``(A) the extent of current and prior efforts with respect 
        to the project proposed to be carried out using the assistance, 
        if applicable; and
            ``(B) any current or prior investments in the technology 
        area for which funding is requested, including as described in 
        subsection (c)(2)(D).
        ``(2) Review.--The Director--
            ``(A) shall review each unsolicited research proposal 
        submitted under paragraph (1), taking into consideration--
                ``(i) the novelty and scientific and technical merit of 
            the research proposal;
                ``(ii) the demonstrated capabilities of the applicant 
            to successfully carry out the research proposal;
                ``(iii) the extent to which the applicant took into 
            consideration future commercial applications of the 
            proposed research project, including the feasibility of 
            partnering with 1 or more commercial entities; and
                ``(iv) such other criteria as the Director may 
            establish;
            ``(B) may approve a research proposal if the Director 
        determines that the research--
                ``(i) is in accordance with--

                    ``(I) the goals described in subsection (c)(1); or
                    ``(II) an applicable transportation research and 
                development strategic plan developed under section 
                6503; and

                ``(ii) would not duplicate any other Federal research 
            being conducted or funded by another Federal agency; and
            ``(C)(i) if funding is denied for the research proposal, 
        shall provide to the eligible entity that submitted the 
        proposal a written notice of the denial that, as applicable--
                ``(I) explains why the research proposal was not 
            selected, including whether the research proposal fails to 
            cover an area of need; and
                ``(II) recommends that the research proposal be 
            submitted to another research program; or
            ``(ii) if the research proposal is approved for funding, 
        shall provide to the eligible entity that submitted the 
        proposal--
                ``(I) a written notice of the approval; and
                ``(II) assistance in accordance with subsection (g) for 
            the proposed research.
    ``(g) Forms of Assistance.--On approval of a research proposal of 
an eligible entity, the Director may provide to the eligible entity 
assistance in the form of--
        ``(1) a grant;
        ``(2) a contract;
        ``(3) a cooperative agreement;
        ``(4) a cash prize; or
        ``(5) another, similar form of funding.
    ``(h) Reports and Roadmaps.--
        ``(1) Annual reports.--For each fiscal year, the Director shall 
    provide to the Secretary, for inclusion in the budget request 
    submitted by the Secretary to the President under section 1108 of 
    title 31 for the fiscal year, a report that, with respect to the 
    preceding fiscal year, describes--
            ``(A) the projects that received assistance from ARPA-I, 
        including--
                ``(i) each such project that was funded as a result of 
            an unsolicited research proposal; and
                ``(ii) each such project that examines topics or 
            technologies closely related to other activities funded by 
            the Department, including an analysis of whether the 
            Director achieved compliance with subsection (i)(1) in 
            supporting the project; and
            ``(B) the instances of, and reasons for, the provision of 
        assistance under this section for any projects being carried 
        out by industry entities.
        ``(2) Strategic vision roadmap.--Not later than October 1, 
    2022, and not less frequently than once every 4 years thereafter, 
    the Director shall submit to the relevant authorizing and 
    appropriations committees of Congress a roadmap describing the 
    strategic vision that ARPA-I will use to guide the selection of 
    future projects for technology investment during the 4 fiscal-year 
    period beginning on the date of submission of the report.
    ``(i) Coordination and Nonduplication.--The Director shall ensure 
that--
        ``(1) the activities of ARPA-I are coordinated with, and do not 
    duplicate the efforts of, programs and laboratories within--
            ``(A) the Department; and
            ``(B) other relevant research agencies; and
        ``(2) no funding is provided by ARPA-I for a project, unless 
    the eligible entity proposing the project--
            ``(A) demonstrates sufficient attempts to secure private 
        financing; or
            ``(B) indicates that the project is not independently 
        commercially viable.
    ``(j) Federal Demonstration of Technologies.--The Director shall 
seek opportunities to partner with purchasing and procurement programs 
of Federal agencies to demonstrate technologies resulting from 
activities funded through ARPA-I.
    ``(k) Partnerships.--The Director shall seek opportunities to enter 
into contracts or partnerships with minority-serving institutions (as 
described in any of paragraphs (1) through (7) of section 371(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1067q(a)))--
        ``(1) to accomplish the goals of ARPA-I;
        ``(2) to develop institutional capacity in advanced 
    transportation infrastructure technologies and materials;
        ``(3) to engage underserved populations in developing, 
    demonstrating, and deploying those technologies and materials; and
        ``(4) to otherwise address the needs of ARPA-I.
    ``(l) University Transportation Centers.--The Director may--
        ``(1) partner with university transportation centers under 
    section 5505 to accomplish the goals, and address the needs, of 
    ARPA-I; and
        ``(2) sponsor and select for funding, in accordance with 
    section 5505, competitively selected university transportation 
    center grants, in addition to the assistance provided under section 
    5505, to address targeted technology and material goals of ARPA-I.
    ``(m) Advice.--
        ``(1) Advisory committees.--The Director may seek advice 
    regarding any aspect of ARPA-I from--
            ``(A) an existing advisory committee, office, or other 
        group within the Department; and
            ``(B) a new advisory committee organized to support the 
        programs of ARPA-I by providing advice and assistance 
        regarding--
                ``(i) specific program tasks; or
                ``(ii) the overall direction of ARPA-I.
        ``(2) Additional sources.--In carrying out this section, the 
    Director may seek advice and review from--
            ``(A) the President's Council of Advisors on Science and 
        Technology;
            ``(B) the Advanced Research Projects Agency-Energy; and
            ``(C) any professional or scientific organization with 
        expertise relating to specific processes or technologies under 
        development by ARPA-I.
    ``(n) Evaluation.--
        ``(1) In general.--Not later than December 27, 2024, the 
    Secretary may enter into an arrangement with the National Academy 
    of Sciences under which the National Academy shall conduct an 
    evaluation of the achievement by ARPA-I of the goals described in 
    subsection (c)(1).
        ``(2) Inclusions.--The evaluation under paragraph (1) may 
    include--
            ``(A) a recommendation regarding whether ARPA-I should be 
        continued;
            ``(B) a recommendation regarding whether ARPA-I, or the 
        Department generally, should continue to allow entities to 
        submit unsolicited research proposals; and
            ``(C) a description of--
                ``(i) the lessons learned from the operation of ARPA-I; 
            and
                ``(ii) the manner in which those lessons may apply to 
            the operation of other programs of the Department.
        ``(3) Availability.--On completion of the evaluation under 
    paragraph (1), the evaluation shall be made available to--
            ``(A) Congress; and
            ``(B) the public.
    ``(o) Protection of Information.--
        ``(1) In general.--Each type of information described in 
    paragraph (2) that is collected by ARPA-I from eligible entities 
    shall be considered to be--
            ``(A) commercial and financial information obtained from a 
        person;
            ``(B) privileged or confidential; and
            ``(C) not subject to disclosure under section 552(b)(4) of 
        title 5.
        ``(2) Description of types of information.--The types of 
    information referred to in paragraph (1) are--
            ``(A) information relating to plans for commercialization 
        of technologies developed using assistance provided under this 
        section, including business plans, technology-to-market plans, 
        market studies, and cost and performance models;
            ``(B) information relating to investments provided to an 
        eligible entity from a third party (such as a venture capital 
        firm, a hedge fund, and a private equity firm), including any 
        percentage of ownership of an eligible entity provided in 
        return for such an investment;
            ``(C) information relating to additional financial support 
        that the eligible entity--
                ``(i) plans to invest, or has invested, in the 
            technology developed using assistance provided under this 
            section; or
                ``(ii) is seeking from a third party; and
            ``(D) information relating to revenue from the licensing or 
        sale of a new product or service resulting from research 
        conducted using assistance provided under this section.
    ``(p) Effect on Existing Authorities.--The authority provided by 
this section--
        ``(1) shall be in addition to any existing authority provided 
    to the Secretary; and
        ``(2) shall not supersede or modify any other existing 
    authority.
    ``(q) Funding.--
        ``(1) Authorization of appropriations.--There are authorized to 
    be appropriated to the Secretary such sums as are necessary to 
    carry out this section.
        ``(2) Separate budget and appropriation.--
            ``(A) Budget request.--The budget request for ARPA-I shall 
        be separate from the budget request of the remainder of the 
        Department.
            ``(B) Appropriations.--The funding appropriated for ARPA-I 
        shall be separate and distinct from the funding appropriated 
        for the remainder of the Department.
        ``(3) Allocation.--Of the amounts made available for a fiscal 
    year under paragraph (1)--
            ``(A) not less than 5 percent shall be used for technology 
        transfer and outreach activities--
                ``(i) in accordance with the goal described in 
            subsection (c)(2)(D); and
                ``(ii) within the responsibilities of the program 
            directors described in subsection (e)(2)(B)(viii); and
            ``(B) none may be used for the construction of any new 
        building or facility during the 5-year period beginning on the 
        date of enactment of the Surface Transportation Investment Act 
        of 2021.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 49, 
United States Code (as amended by section 21101(c)), is amended by 
adding at the end the following:
``119. Advanced Research Projects Agency-Infrastructure.''.
SEC. 25013. OPEN RESEARCH INITIATIVE.
    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 5506. Advanced transportation research initiative
    ``(a) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
        ``(1) a State agency;
        ``(2) a local government agency;
        ``(3) an institution of higher education (as defined in section 
    102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), 
    including a university transportation center established under 
    section 5505;
        ``(4) a nonprofit organization, including a nonprofit research 
    organization; and
        ``(5) a private sector organization working in collaboration 
    with an entity described in any of paragraphs (1) through (4).
    ``(b) Pilot Program.--The Secretary of Transportation (referred to 
in this section as the `Secretary') shall establish an advanced 
transportation research pilot program under which the Secretary--
        ``(1) shall establish a process for eligible entities to submit 
    to the Secretary unsolicited research proposals; and
        ``(2) may enter into arrangements with 1 or more eligible 
    entities to fund research proposed under paragraph (1), in 
    accordance with this section.
    ``(c) Eligible Research.--The Secretary may enter into an 
arrangement with an eligible entity under this section to fund research 
that--
        ``(1) addresses--
            ``(A) a research need identified by--
                ``(i) the Secretary; or
                ``(ii) the Administrator of a modal administration of 
            the Department of Transportation; or
            ``(B) an issue that the Secretary determines to be 
        important; and
        ``(2) is not duplicative of--
            ``(A) any other Federal research project; or
            ``(B) any project for which funding is provided by another 
        Federal agency.
    ``(d) Project Review.--The Secretary shall--
        ``(1) review each research proposal submitted under the pilot 
    program established under subsection (b); and
        ``(2)(A) if funding is denied for the research proposal--
            ``(i) provide to the eligible entity that submitted the 
        proposal a written notice of the denial that, as applicable--
                ``(I) explains why the research proposal was not 
            selected, including whether the research proposal fails to 
            cover an area of need; and
                ``(II) recommends that the research proposal be 
            submitted to another research program; and
            ``(ii) if the Secretary recommends that the research 
        proposal be submitted to another research program under clause 
        (i)(II), provide guidance and direction to--
                ``(I) the eligible entity; and
                ``(II) the proposed research program office; or
            ``(B) if the research proposal is selected for funding--
                ``(i) provide to the eligible entity that submitted the 
            proposal a written notice of the selection; and
                ``(ii) seek to enter into an arrangement with the 
            eligible entity to provide funding for the proposed 
            research.
    ``(e) Coordination.--
        ``(1) In general.--The Secretary shall ensure that the 
    activities carried out under subsection (c) are coordinated with, 
    and do not duplicate the efforts of, programs of the Department of 
    Transportation and other Federal agencies.
        ``(2) Intraagency coordination.--The Secretary shall coordinate 
    the research carried out under this section with--
            ``(A) the research, education, and technology transfer 
        activities carried out by grant recipients under section 5505; 
        and
            ``(B) the research, development, demonstration, and 
        commercial application activities of other relevant programs of 
        the Department of Transportation, including all modal 
        administrations of the Department.
        ``(3) Interagency collaboration.--The Secretary shall 
    coordinate, as appropriate, regarding fundamental research with the 
    potential for application in the transportation sector with--
            ``(A) the Director of the Office of Science and Technology 
        Policy;
            ``(B) the Director of the National Science Foundation;
            ``(C) the Secretary of Energy;
            ``(D) the Director of the National Institute of Standards 
        and Technology;
            ``(E) the Secretary of Homeland Security;
            ``(F) the Administrator of the National Oceanic and 
        Atmospheric Administration;
            ``(G) the Secretary of Defense; and
            ``(H) the heads of other appropriate Federal agencies, as 
        determined by the Secretary.
    ``(f) Review, Evaluation, and Report.--Not less frequently than 
biennially, in accordance with the plan developed under section 6503, 
the Secretary shall--
        ``(1) review and evaluate the pilot program established under 
    subsection (b), including the research carried out under that pilot 
    program; and
        ``(2) make public on a website of the Department of 
    Transportation a report describing the review and evaluation under 
    paragraph (1).
    ``(g) Federal Share.--
        ``(1) In general.--The Federal share of the cost of an activity 
    carried out under this section shall not exceed 80 percent.
        ``(2) Non-federal share.--All costs directly incurred by the 
    non-Federal partners (including personnel, travel, facility, and 
    hardware development costs) shall be credited toward the non-
    Federal share of the cost of an activity carried out under this 
    section.
    ``(h) Limitation on Certain Expenses.--Of any amounts made 
available to carry out this section for a fiscal year, the Secretary 
may use not more than 1.5 percent for coordination, evaluation, and 
oversight activities under this section.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
each of fiscal years 2022 through 2026.''.
    (b) Clerical Amendment.--The analysis for subchapter I of chapter 
55 of title 49, United States Code, is amended by adding at the end the 
following:
``5506. Advanced transportation research initiative.''.
SEC. 25014. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC 
PLAN.
    Section 6503 of title 49, United States Code, is amended--
        (1) in subsection (a), by striking ``The Secretary'' and 
    inserting ``Not later than 180 days after the date of publication 
    of the Department of Transportation Strategic Plan and not less 
    frequently than once every 5 years thereafter, the Secretary'';
        (2) in subsection (b), in the matter preceding paragraph (1), 
    by striking ``The strategic'' and inserting ``Each strategic'';
        (3) in subsection (c)--
            (A) in the matter preceding paragraph (1), by striking 
        ``The strategic'' and inserting ``Each strategic''; and
            (B) in paragraph (1)--
                (i) in subparagraph (E), by striking ``and'' at the 
            end;
                (ii) in subparagraph (F), by adding ``and'' after the 
            semicolon at the end; and
                (iii) by adding at the end the following:
            ``(G) reducing transportation cybersecurity risks;'';
        (4) in subsection (d)--
            (A) in the matter preceding paragraph (1), by striking 
        ``the strategic'' and inserting ``each strategic''; and
            (B) in paragraph (4), by striking ``2016'' and inserting 
        ``2021, and not less frequently than once every 5 years 
        thereafter''; and
        (5) by striking subsection (e).
SEC. 25015. RESEARCH PLANNING MODIFICATIONS.
    (a) Annual Modal Research Plans.--Section 6501 of title 49, United 
States Code, is amended--
        (1) in subsection (a)--
            (A) by striking paragraph (1) and inserting the following:
        ``(1) In general.--Not later than June 1 of each year, the head 
    of each modal administration and joint program office of the 
    Department of Transportation shall prepare and submit to the 
    Assistant Secretary for Research and Technology of the Department 
    of Transportation (referred to in this chapter as the `Assistant 
    Secretary')--
            ``(A) a comprehensive annual modal research plan for the 
        following fiscal year; and
            ``(B) a detailed outlook for the fiscal year thereafter.'';
            (B) in paragraph (2), by inserting ``prepared or'' before 
        ``submitted'';
            (C) by redesignating paragraph (2) as paragraph (3); and
            (D) by inserting after paragraph (1) the following:
        ``(2) Requirements.--Each plan under paragraph (1) shall 
    include--
            ``(A) a general description of the strategic goals of the 
        Department that are addressed by the research programs being 
        carried out by the Assistant Secretary or modal administration, 
        as applicable;
            ``(B) a description of each proposed research program, as 
        described in the budget request submitted by the Secretary of 
        Transportation to the President under section 1108 of title 31 
        for the following fiscal year, including--
                ``(i) the major objectives of the program; and
                ``(ii) the requested amount of funding for each program 
            and area;
            ``(C) a list of activities the Assistant Secretary or modal 
        administration plans to carry out under the research programs 
        described in subparagraph (B);
            ``(D) an assessment of the potential impact of the research 
        programs described in subparagraph (B), including--
                ``(i) potential outputs, outcomes, and impacts on 
            technologies and practices used by entities subject to the 
            jurisdiction of the modal administration;
                ``(ii) potential effects on applicable regulations of 
            the modal administration, including the modification or 
            modernization of those regulations;
                ``(iii) potential economic or societal impacts; and
                ``(iv) progress made toward achieving strategic goals 
            of--

                    ``(I) the applicable modal administration; or
                    ``(II) the Department of Transportation;

            ``(E) a description of potential partnerships to be 
        established to conduct the research program, including 
        partnerships with--
                ``(i) institutions of higher education; and
                ``(ii) private sector entities; and
            ``(F) such other requirements as the Assistant Secretary 
        considers to be necessary.'';
        (2) in subsection (b)--
            (A) in paragraph (1)--
                (i) in the matter preceding subparagraph (A), by 
            inserting ``by the head of a modal administration or joint 
            program office'' after ``submitted''; and
                (ii) in subparagraph (B), by striking clause (ii) and 
            inserting the following:
                ``(ii) request that the plan and outlook be--

                    ``(I) revised in accordance with such suggestions 
                as the Assistant Secretary shall include to ensure 
                conformity with the criteria described in paragraph 
                (2); and
                    ``(II) resubmitted to the Assistant Secretary for 
                approval.'';

            (B) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (C) by inserting after paragraph (1) the following:
        ``(2) Criteria.--In conducting a review under paragraph (1)(A), 
    the Assistant Secretary shall, with respect to the modal research 
    plan that is the subject of the review--
            ``(A) take into consideration whether--
                ``(i) the plan contains research objectives that are 
            consistent with the strategic research and policy 
            objectives of the Department of Transportation included in 
            the strategic plan required under section 6503; and
                ``(ii) the research programs described in the plan have 
            the potential to benefit the safety, mobility, and 
            efficiency of the United States transportation system;
            ``(B) identify and evaluate any potential opportunities for 
        collaboration between or among modal administrations with 
        respect to particular research programs described in the plan;
            ``(C) identify and evaluate whether other modal 
        administrations may be better suited to carry out the research 
        programs described in the plan;
            ``(D) assess whether any projects described in the plan 
        are--
                ``(i) duplicative across modal administrations; or
                ``(ii) unnecessary; and
            ``(E) take into consideration such other criteria as the 
        Assistant Secretary determines to be necessary.''; and
            (D) by adding at the end the following:
        ``(5) Savings clause.--Nothing in this subsection limits the 
    ability of the head of a modal administration to comply with 
    applicable law.''; and
        (3) in subsection (c), in the matter preceding paragraph (1), 
    by striking ``subsection (b)(3)'' and inserting ``subsection 
    (b)(4).
    (b) Consolidated Research Database.--Section 6502(a) of title 49, 
United States Code, is amended by striking the subsection designation 
and heading and all that follows through subparagraph (B) of paragraph 
(2) and inserting the following:
    ``(a) Research Abstract Database.--
        ``(1) Submission.--Not later than September 1 of each year, the 
    head of each modal administration and joint program office of the 
    Department of Transportation shall submit to the Assistant 
    Secretary, for review and public posting, a description of each 
    proposed research project to be carried out during the following 
    fiscal year, including--
            ``(A) proposed funding for any new projects; and
            ``(B) proposed additional funding for any existing 
        projects.
        ``(2) Publication.--Not less frequently than annually, after 
    receiving the descriptions under paragraph (1), the Assistant 
    Secretary shall publish on a public website a comprehensive 
    database including a description of all research projects conducted 
    by the Department of Transportation, including research funded 
    through university transportation centers under section 5505.
        ``(3) Contents.--The database published under paragraph (2) 
    shall--
            ``(A) be delimited by research project; and
            ``(B) include a description of, with respect to each 
        research project--
                ``(i) research objectives;
                ``(ii) the progress made with respect to the project, 
            including whether the project is ongoing or complete;
                ``(iii) any outcomes of the project, including 
            potential implications for policy, regulations, or guidance 
            issued by a modal administration or the Department of 
            Transportation;
                ``(iv) any findings of the project;
                ``(v) the amount of funds allocated for the project; 
            and
                ``(vi) such other information as the Assistant 
            Secretary determines to be necessary to address 
            Departmental priorities and statutory mandates;''.
SEC. 25016. INCORPORATION OF DEPARTMENT OF TRANSPORTATION RESEARCH.
    (a) In General.--Chapter 65 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 6504. Incorporation of Department of Transportation research
    ``(a) Review.--Not later than December 31, 2021, and not less 
frequently than once every 5 years thereafter, in concurrence with the 
applicable strategic plan under section 6503, the Secretary of 
Transportation shall--
        ``(1) conduct a review of research conducted by the Department 
    of Transportation; and
        ``(2) to the maximum extent practicable and appropriate, 
    identify modifications to laws, regulations, guidance, and other 
    policy documents to incorporate any innovations resulting from the 
    research described in paragraph (1) that have the potential to 
    improve the safety or efficiency of the United States 
    transportation system.
    ``(b) Requirements.--In conducting a review under subsection (a), 
the Secretary of Transportation shall--
        ``(1) identify any innovative practices, materials, or 
    technologies that have demonstrable benefits to the transportation 
    system;
        ``(2) determine whether the practices, materials, or 
    technologies described in paragraph (1) require any statutory or 
    regulatory modifications for adoption; and
        ``(3)(A) if modifications are determined to be required under 
    paragraph (2), develop--
            ``(i) a proposal for those modifications; and
            ``(ii) a description of the manner in which any such 
        regulatory modifications would be--
                ``(I) incorporated into the Unified Regulatory Agenda; 
            or
                ``(II) adopted into existing regulations as soon as 
            practicable; or
        ``(B) if modifications are determined not to be required under 
    paragraph (2), develop a description of the means by which the 
    practices, materials, or technologies described in paragraph (1) 
    will otherwise be incorporated into Department of Transportation or 
    modal administration policy or guidance, including as part of the 
    Technology Transfer Program of the Office of the Assistant 
    Secretary for Research and Technology.
    ``(c) Report.--On completion of each review under subsection (a), 
the Secretary of Transportation shall submit to the appropriate 
committees of Congress a report describing, with respect to the period 
covered by the report--
        ``(1) each new practice, material, or technology identified 
    under subsection (b)(1); and
        ``(2) any statutory or regulatory modification for the adoption 
    of such a practice, material, or technology that--
            ``(A) is determined to be required under subsection (b)(2); 
        or
            ``(B) was otherwise made during that period.''.
    (b) Clerical Amendment.--The analysis for chapter 65 of title 49, 
United States Code, is amended by adding at the end the following:
``6504. Incorporation of Department of Transportation research.''.
SEC. 25017. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
    Section 5505 of title 49, United States Code, is amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by inserting ``of Transportation, 
        acting through the Assistant Secretary for Research and 
        Technology (referred to in this section as the `Secretary'),'' 
        after ``The Secretary''; and
            (B) in paragraph (2)--
                (i) in subparagraph (B), by inserting ``multimodal'' 
            after ``critical''; and
                (ii) in subparagraph (C), by inserting ``with respect 
            to the matters described in subparagraphs (A) through (G) 
            of section 6503(c)(1)'' after ``transportation leaders'';
        (2) in subsection (b)--
            (A) in paragraph (2)(A), by striking ``for each of the 
        transportation centers described under paragraphs (2), (3), and 
        (4) of subsection (c)'' and inserting ``as a lead institution 
        under this section, except as provided in subparagraph (B)'';
            (B) in paragraph (4)--
                (i) in subparagraph (A), by striking ``identified in 
            chapter 65'' and inserting ``described in subparagraphs (A) 
            through (G) of section 6503(c)(1)''; and
                (ii) in subparagraph (B), in the matter preceding 
            clause (i), by striking ``the Assistant Secretary'' and all 
            that follows through ``modal administrations'' and 
            inserting ``the heads of the modal administrations of the 
            Department of Transportation,''; and
            (C) in paragraph (5)(B), in the matter preceding clause 
        (i), by striking ``submit'' and all that follows through ``of 
        the Senate'' and inserting ``make available to the public on a 
        website of the Department of Transportation'';
        (3) in subsection (c)(3)(E)--
            (A) by inserting ``, including the cybersecurity 
        implications of technologies relating to connected vehicles, 
        connected infrastructure, and autonomous vehicles'' after 
        ``autonomous vehicles''; and
            (B) by striking ``The Secretary'' and inserting the 
        following:
                ``(i) In general.--A regional university transportation 
            center receiving a grant under this paragraph shall carry 
            out research focusing on 1 or more of the matters described 
            in subparagraphs (A) through (G) of section 6503(c)(1).
                ``(ii) Focused objectives.--The Secretary''; and
        (4) in subsection (d)--
            (A) in paragraph (2)--
                (i) in the paragraph heading, by striking ``Annual 
            review'' and inserting ``Review'';
                (ii) in the matter preceding subparagraph (A), by 
            striking ``annually'' and inserting ``biennially''; and
                (iii) in subparagraph (B), by striking ``submit'' and 
            all that follows through ``of the Senate'' and inserting 
            ``make available to the public on a website of the 
            Department of Transportation''; and
            (B) in paragraph (3), by striking ``2016 through 2020'' and 
        inserting ``2022 through 2026''.
SEC. 25018. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN.
    (a) In General.--Section 1431(e) of the FAST Act (49 U.S.C. 301 
note; Public Law 114-94) is amended--
        (1) by redesignating paragraphs (1) through (7) as 
    subparagraphs (A) though (G), respectively, and indenting 
    appropriately;
        (2) in the matter preceding subparagraph (A) (as so 
    redesignated)--
            (A) by striking ``Not later than 3 years after the date of 
        enactment of this Act'' and inserting ``Not later than 180 days 
        after the date of enactment of the Surface Transportation 
        Investment Act of 2021''; and
            (B) by striking ``plan that includes'' and inserting the 
        following: ``plan--
        ``(1) to develop an immediate-term and long-term strategy, 
    including policy recommendations across all modes of 
    transportation, for the Department and other agencies to use 
    infrastructure investments to revive the travel and tourism 
    industry and the overall travel and tourism economy in the wake of 
    the Coronavirus Disease 2019 (COVID-19) pandemic; and
        ``(2) that includes''; and
        (3) in paragraph (2) (as so redesignated)--
            (A) in subparagraph (A) (as so redesignated), by inserting 
        ``, including consideration of the impacts of the COVID-19 
        pandemic'' after ``network'';
            (B) in subparagraph (D) (as so redesignated), by inserting 
        ``of regional significance'' after ``corridors'';
            (C) in subparagraph (F) (as so redesignated), by striking 
        ``and'' at the end;
            (D) in subparagraph (G) (as so redesignated), by striking 
        the period at the end and inserting ``; and''; and
            (E) by adding at the end the following:
            ``(H) an identification of possible infrastructure 
        investments that create recovery opportunities for small, 
        underserved, minority, and rural businesses in the travel and 
        tourism industry, including efforts to preserve and protect the 
        scenic, but often less-traveled, roads that promote tourism and 
        economic development throughout the United States.''.
    (b) Chief Travel and Tourism Officer.--Section 102 of title 49, 
United States Code, is amended by striking subsection (i) (as 
redesignated by section 25009(a)(3)) and inserting the following:
    ``(i) Chief Travel and Tourism Officer.--
        ``(1) Establishment.--There is established in the Office of the 
    Secretary of Transportation a position, to be known as the `Chief 
    Travel and Tourism Officer'.
        ``(2) Duties.--The Chief Travel and Tourism Officer shall 
    collaborate with the Assistant Secretary for Aviation and 
    International Affairs to carry out--
            ``(A) the National Travel and Tourism Infrastructure 
        Strategic Plan under section 1431(e) of Public Law 114-94 (49 
        U.S.C. 301 note); and
            ``(B) other travel- and tourism-related matters involving 
        the Department of Transportation.''.
SEC. 25019. LOCAL HIRING PREFERENCE FOR CONSTRUCTION JOBS.
    (a) Authorization.--
        (1) In general.--A recipient or subrecipient of a grant 
    provided by the Secretary under title 23 or 49, United States Code, 
    may implement a local or other geographical or economic hiring 
    preference relating to the use of labor for construction of a 
    project funded by the grant, including prehire agreements, subject 
    to any applicable State and local laws, policies, and procedures.
        (2) Treatment.--The use of a local or other geographical or 
    economic hiring preference pursuant to paragraph (1) in any bid for 
    a contract for the construction of a project funded by a grant 
    described in paragraph (1) shall not be considered to unduly limit 
    competition.
    (b) Workforce Diversity Report.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall submit to Congress a 
report describing methods--
        (1) to ensure preapprenticeship programs are established and 
    implemented to meet the needs of employers in transportation and 
    transportation infrastructure construction industries, including 
    with respect to the formal connection of the preapprenticeship 
    programs to registered apprenticeship programs;
        (2) to address barriers to employment (within the meaning of 
    the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et 
    seq.)) in transportation and transportation infrastructure 
    construction industries for--
            (A) individuals who are former offenders (as defined in 
        section 3 of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3102));
            (B) individuals with a disability (as defined in section 3 
        of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102)); and
            (C) individuals that represent populations that are 
        traditionally underrepresented in the workforce; and
        (3) to encourage a recipient or subrecipient implementing a 
    local or other geographical or economic hiring preference pursuant 
    to subsection (a)(1) to establish, in coordination with nonprofit 
    organizations that represent employees, outreach and support 
    programs that increase diversity within the workforce, including 
    expanded participation from individuals described in subparagraphs 
    (A) through (C) of paragraph (2).
    (c) Model Plan.--Not later than 1 year after the date of submission 
of the report under subsection (b), the Secretary shall establish, and 
publish on the website of the Department, a model plan for use by 
States, units of local government, and private sector entities to 
address the issues described in that subsection.
SEC. 25020. TRANSPORTATION WORKFORCE DEVELOPMENT.
    (a) Assessment.--The Secretary shall enter into an arrangement with 
the National Academy of Sciences under which the National Academy shall 
develop and submit to the Secretary a workforce needs assessment that--
        (1) addresses--
            (A) the education and recruitment of technical workers for 
        the intelligent transportation technologies and systems 
        industry;
            (B) the development of a workforce skilled in various types 
        of intelligent transportation technologies, components, 
        infrastructure, and equipment, including with respect to--
                (i) installation;
                (ii) maintenance;
                (iii) manufacturing;
                (iv) operations, including data analysis and review; 
            and
                (v) cybersecurity; and
            (C) barriers to employment in the intelligent 
        transportation technologies and systems industry for--
                (i) individuals who are former offenders (as defined in 
            section 3 of the Workforce Innovation and Opportunity Act 
            (29 U.S.C. 3102));
                (ii) individuals with a disability (as defined in 
            section 3 of the Americans with Disabilities Act of 1990 
            (42 U.S.C. 12102)); and
                (iii) individuals that represent populations that are 
            traditionally underrepresented in the workforce; and
        (2) includes recommendations relating to the issues described 
    in paragraph (1).
    (b) Working Group.--
        (1) Establishment.--The Secretary shall establish a working 
    group, to be composed of--
            (A) the Secretary of Energy;
            (B) the Secretary of Labor; and
            (C) the heads of such other Federal agencies as the 
        Secretary determines to be necessary.
        (2) Implementation plan.--
            (A) In general.--The working group established under 
        paragraph (1) shall develop an intelligent transportation 
        technologies and systems industry workforce development 
        implantation plan.
            (B) Requirements.--The implementation plan under 
        subparagraph (A) shall address any issues and recommendations 
        included in the needs assessment under subsection (a), taking 
        into consideration a whole-of-government approach with respect 
        to--
                (i) using registered apprenticeship and 
            preapprenticeship programs; and
                (ii) re-skilling workers who may be interested in 
            working within the intelligent transportation technologies 
            and systems industry.
        (3) Submission to congress.--Not later than 1 year after the 
    date of receipt of the needs assessment under subsection (a), the 
    Secretary shall submit to Congress the implementation plan 
    developed under paragraph (2).
        (4) Termination.--The working group established under paragraph 
    (1) shall terminate on the date on which the implementation plan 
    developed under paragraph (2) is submitted to Congress under 
    paragraph (3).
    (c) Transportation Workforce Outreach Program.--
        (1) In general.--Subchapter I of chapter 55 of title 49, United 
    States Code (as amended by section 25013(a)), is amended by adding 
    at the end the following:
``Sec. 5507. Transportation workforce outreach program
    ``(a) In General.--The Secretary of Transportation (referred to in 
this section as the `Secretary') shall establish and administer a 
transportation workforce outreach program, under which the Secretary 
shall carry out a series of public service announcement campaigns 
during each of fiscal years 2022 through 2026.
    ``(b) Purposes.--The purpose of the campaigns carried out under the 
program under this section shall be--
        ``(1) to increase awareness of career opportunities in the 
    transportation sector, including aviation pilots, safety 
    inspectors, mechanics and technicians, air traffic controllers, 
    flight attendants, truck and bus drivers, engineers, transit 
    workers, railroad workers, and other transportation professionals; 
    and
        ``(2) to target awareness of professional opportunities in the 
    transportation sector to diverse segments of the population, 
    including with respect to race, sex, ethnicity, ability (including 
    physical and mental ability), veteran status, and socioeconomic 
    status.
    ``(c) Advertising.--The Secretary may use, or authorize the use of, 
amounts made available to carry out the program under this section for 
the development, production, and use of broadcast, digital, and print 
media advertising and outreach in carrying out a campaign under this 
section.
    ``(d) Funding.--The Secretary may use to carry out this section any 
amounts otherwise made available to the Secretary, not to exceed 
$5,000,000, for each of fiscal years 2022 through 2026.''.
        (2) Clerical amendment.--The analysis for subchapter I of 
    chapter 55 of title 49, United States Code (as amended by section 
    25013(b)), is amended by adding at the end the following:
``5507. Transportation workforce outreach program.''.
SEC. 25021. INTERMODAL TRANSPORTATION ADVISORY BOARD REPEAL.
    (a) In General.--Section 5502 of title 49, United States Code, is 
repealed.
    (b) Clerical Amendment.--The analysis for subchapter I of chapter 
55 of title 49, United States Code, is amended by striking the item 
relating to section 5502.
SEC. 25022. GAO CYBERSECURITY RECOMMENDATIONS.
    (a) Cybersecurity Risk Management.--Not later than 3 years after 
the date of enactment of this Act, the Secretary shall implement the 
recommendation for the Department made by the Comptroller General of 
the United States in the report entitled ``Cybersecurity: Agencies Need 
to Fully Establish Risk Management Programs and Address Challenges'', 
numbered GAO-19-384, and dated July 2019--
        (1) by developing a cybersecurity risk management strategy for 
    the systems and information of the Department;
        (2) by updating policies to address an organization-wide risk 
    assessment; and
        (3) by updating the processes for coordination between 
    cybersecurity risk management functions and enterprise risk 
    management functions.
    (b) Work Roles.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall implement the recommendation of the 
Comptroller General of the United States in the report entitled 
``Cybersecurity Workforce: Agencies Need to Accurately Categorize 
Positions to Effectively Identify Critical Staffing Needs'', numbered 
GAO-19-144, and dated March 2019, by--
        (1) reviewing positions in the Department; and
        (2) assigning appropriate work roles in accordance with the 
    National Initiative for Cybersecurity Education Cybersecurity 
    Workforce Framework.
    (c) GAO Review.--
        (1) Report.--Not later than 18 months after the date of 
    enactment of this Act, the Comptroller General of the United States 
    shall submit to the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Transportation 
    and Infrastructure of the House of Representatives a report that 
    examines the approach of the Department to managing cybersecurity 
    for the systems and information of the Department.
        (2) Contents.--The report under paragraph (1) shall include an 
    evaluation of--
            (A) the roles, responsibilities, and reporting 
        relationships of the senior officials of the Department with 
        respect to cybersecurity at the components of the Department;
            (B) the extent to which officials of the Department--
                (i) establish requirements for, share information with, 
            provide resources to, and monitor the performance of 
            managers with respect to cybersecurity within the 
            components of the Department; and
                (ii) hold managers accountable for cybersecurity within 
            the components of the Department; and
            (C) other aspects of cybersecurity, as the Comptroller 
        General of the United States determines to be appropriate.
SEC. 25023. VOLPE OVERSIGHT.
    (a) Financial Management.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall implement the 
recommendations of the Inspector General of the Department included in 
the report entitled ``DOT Needs to Strengthen Its Oversight of IAAs 
With Volpe'' and dated September 30, 2019, to improve planning, 
financial management, and the sharing of performance information with 
respect to intraagency agreements with the John A. Volpe National 
Transportation Systems Center (referred to in this section as the 
``Volpe Center'').
    (b) GAO Review.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Comptroller General of the United States 
    shall submit to the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Transportation 
    and Infrastructure of the House of Representatives a report that 
    examines the surface transportation activities at the Volpe Center.
        (2) Contents.--The report under paragraph (1) shall include an 
    evaluation of--
            (A) the amount of Department funding provided to the Volpe 
        Center, as compared to other Federal and non-Federal research 
        partners;
            (B) the process used by the Department to determine whether 
        to work with the Volpe Center, as compared to any other Federal 
        or non-Federal research partner;
            (C) the extent to which the Department is collaborating 
        with the Volpe Center to address research needs relating to 
        emerging issues; and
            (D) whether the operation of the Volpe Center is 
        duplicative of other public or private sector efforts.
SEC. 25024. MODIFICATIONS TO GRANT PROGRAM.
    Section 1906 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-
59) is amended--
        (1) in subsection (b)--
            (A) in paragraph (1), by striking ``and'' at the end;
            (B) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(3) developing and implementing programs, public outreach, 
    and training to reduce the impact of traffic stops described in 
    subsection (a)(1).'';
        (2) by striking subsection (c) and inserting the following:
    ``(c) Maximum Amount.--The total amount provided to a State under 
this section in any fiscal year may not exceed--
        ``(1) for a State described in subsection (a)(1), 10 percent of 
    the amount made available to carry out this section in that fiscal 
    year; and
        ``(2) for a State described in subsection (a)(2), 5 percent of 
    the amount made available to carry out this section in that fiscal 
    year.''; and
        (3) in subsection (d)--
            (A) by striking ``$7,500,000 for each of fiscal years 2017 
        through 2020'' and inserting ``$11,500,000 for each fiscal 
        year'';
            (B) by redesignating paragraph (3) as paragraph (4); and
            (C) by inserting after paragraph (2) the following:
        ``(3) Technical assistance.--The Secretary may allocate not 
    more than 10 percent of the amount made available to carry out this 
    section in a fiscal year to provide technical assistance to States 
    to carry out activities under this section.''.
SEC. 25025. DRUG-IMPAIRED DRIVING DATA COLLECTION.
    Not later than 2 years after the date of enactment of this Act, the 
Secretary, in consultation with the heads of appropriate Federal 
agencies, State highway safety offices, State toxicologists, traffic 
safety advocates, and other interested parties, shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report that, in accordance with the document entitled 
``Recommendations for Toxicological Investigations of Drug-Impaired 
Driving and Motor Vehicle Fatalities--2017 Update'' (and subsequent 
updates to that document)--
        (1) identifies any barriers that States encounter in submitting 
    alcohol and drug toxicology results to the Fatality Analysis 
    Reporting System;
        (2) provides recommendations on how to address the barriers 
    identified pursuant to paragraph (1); and
        (3) describes steps that the Secretary, acting through the 
    Administrator of the National Highway Traffic Safety 
    Administration, will take to assist States in improving--
            (A) toxicology testing in cases of motor vehicle crashes; 
        and
            (B) the reporting of alcohol and drug toxicology results in 
        cases of motor vehicle crashes.
SEC. 25026. REPORT ON MARIJUANA RESEARCH.
    (a) Definition of Marijuana.--In this section, the term 
``marijuana'' has the meaning given the term in section 4008(d) of the 
FAST Act (Public Law 114-94; 129 Stat. 1511).
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary, in consultation with the Attorney General and 
the Secretary of Health and Human Services, shall submit to the 
Committees on Commerce, Science, and Transportation and the Judiciary 
of the Senate and the Committees on Transportation and Infrastructure 
and the Judiciary of the House of Representatives, and make publicly 
available on the website of the Department, a report that--
        (1) describes methods for, and contains recommendations with 
    respect to--
            (A) increasing and improving, for scientific researchers 
        studying impairment while driving under the influence of 
        marijuana, access to samples and strains of marijuana and 
        products containing marijuana that are lawfully available to 
        patients or consumers in a State on a retail basis;
            (B) establishing a national clearinghouse to collect and 
        distribute samples and strains of marijuana for scientific 
        research that includes marijuana and products containing 
        marijuana lawfully available to patients or consumers in a 
        State on a retail basis; and
            (C) facilitating, for scientific researchers located in 
        States that have not legalized marijuana for medical or 
        recreational use, access to samples and strains of marijuana 
        and products containing marijuana from the clearinghouse 
        described in subparagraph (B) for purposes of research on 
        marijuana-impaired driving; and
        (2) identifies, and contains recommendations for addressing, 
    Federal statutory and regulatory barriers to--
            (A) the conduct of scientific research on marijuana-
        impaired driving; and
            (B) the establishment of a national clearinghouse for 
        purposes of facilitating research on marijuana-impaired 
        driving.
SEC. 25027. GAO STUDY ON IMPROVING THE EFFICIENCY OF TRAFFIC SYSTEMS.
    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall carry out, and submit to 
Congress a report describing the results of, a study on the potential 
societal benefits of improving the efficiency of traffic systems.

                     TITLE VI--HAZARDOUS MATERIALS

SEC. 26001. AUTHORIZATION OF APPROPRIATIONS.
    Section 5128 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5128. Authorization of appropriations
    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this chapter (except sections 5107(e), 
5108(g)(2), 5113, 5115, 5116, and 5119)--
        ``(1) $67,000,000 for fiscal year 2022;
        ``(2) $68,000,000 for fiscal year 2023;
        ``(3) $69,000,000 for fiscal year 2024;
        ``(4) $70,000,000 for fiscal year 2025; and
        ``(5) $71,000,000 for fiscal year 2026.
    ``(b) Hazardous Materials Emergency Preparedness Fund.--From the 
Hazardous Materials Preparedness Fund established under section 
5116(h), the Secretary may expend, for each of fiscal years 2022 
through 2026--
        ``(1) $39,050,000 to carry out section 5116(a);
        ``(2) $150,000 to carry out section 5116(e);
        ``(3) $625,000 to publish and distribute the Emergency Response 
    Guidebook under section 5116(h)(3); and
        ``(4) $2,000,000 to carry out section 5116(i).
    ``(c) Hazardous Materials Training Grants.--From the Hazardous 
Materials Emergency Preparedness Fund established pursuant to section 
5116(h), the Secretary may expend $5,000,000 for each of fiscal years 
2022 through 2026 to carry out section 5107(e).
    ``(d) Community Safety Grants.--Of the amounts made available under 
subsection (a) to carry out this chapter, the Secretary shall withhold 
$4,000,000 for each of fiscal years 2022 through 2026 to carry out 
section 5107(i).
    ``(e) Credits to Appropriations.--
        ``(1) Expenses.--In addition to amounts otherwise made 
    available to carry out this chapter, the Secretary may credit 
    amounts received from a State, Indian tribe, or other public 
    authority or private entity for expenses the Secretary incurs in 
    providing training to the State, Indian tribe, authority or entity.
        ``(2) Availability of amounts.--Amounts made available under 
    this section shall remain available until expended.''.
SEC. 26002. ASSISTANCE FOR LOCAL EMERGENCY RESPONSE TRAINING GRANT 
PROGRAM.
    Section 5116 of title 49, United States Code, is amended--
        (1) in subsection (j), in the second sentence of the matter 
    preceding paragraph (1), by striking ``subsection (i)'' and 
    inserting ``subsections (i) and (j)'';
        (2) by redesignating subsection (j) as subsection (k); and
        (3) by inserting after subsection (i) the following:
    ``(j) Alert Grant Program.--
        ``(1) Assistance for local emergency response training.--The 
    Secretary shall establish a grant program to make grants to 
    eligible entities described in paragraph (2)--
            ``(A) to develop a hazardous materials response training 
        curriculum for emergency responders, including response 
        activities for the transportation of crude oil, ethanol, and 
        other flammable liquids by rail, consistent with the standards 
        of the National Fire Protection Association; and
            ``(B) to make the training described in subparagraph (A) 
        available in an electronic format.
        ``(2) Eligible entities.--An eligible entity referred to in 
    paragraph (1) is a nonprofit organization that--
            ``(A) represents first responders or public officials 
        responsible for coordinating disaster response; and
            ``(B) is able to provide direct or web-based training to 
        individuals responsible for responding to accidents and 
        incidents involving hazardous materials.
        ``(3) Funding.--
            ``(A) In general.--To carry out the grant program under 
        paragraph (1), the Secretary may use, for each fiscal year, any 
        amounts recovered during such fiscal year from grants awarded 
        under this section during a prior fiscal year.
            ``(B) Other hazardous material training activities.--For 
        each fiscal year, after providing grants under paragraph (1), 
        if funds remain available, the Secretary may use the amounts 
        described in subparagraph (A)--
                ``(i) to make grants under--

                    ``(I) subsection (a)(1)(C);
                    ``(II) subsection (i); and
                    ``(III) section 5107(e);

                ``(ii) to conduct monitoring and provide technical 
            assistance under subsection (e);
                ``(iii) to publish and distribute the emergency 
            response guide referred to in subsection (h)(3); and
                ``(iv) to pay administrative costs in accordance with 
            subsection (h)(4).
            ``(C) Obligation limitation.--Notwithstanding any other 
        provision of law, for each fiscal year, amounts described in 
        subparagraph (A) shall not be included in the obligation 
        limitation for the Hazardous Materials Emergency Preparedness 
        grant program for that fiscal year.''.
SEC. 26003. REAL-TIME EMERGENCY RESPONSE INFORMATION.
    Section 7302 of the FAST Act (49 U.S.C. 20103 note; Public Law 114-
94) is amended--
        (1) in subsection (a)--
            (A) in the matter preceding paragraph (1), by striking ``1 
        year after the date of enactment of this Act'' and inserting 
        ``December 5, 2022'';
            (B) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
            ``(B) to provide the electronic train consist information 
        described in subparagraph (A) to authorized State and local 
        first responders, emergency response officials, and law 
        enforcement personnel that are involved in the response to, or 
        investigation of, an accident, incident, or public health or 
        safety emergency involving the rail transportation of hazardous 
        materials;'';
            (C) by striking paragraph (2);
            (D) by redesignating paragraphs (3), (4), (5), (6), and (7) 
        as paragraphs (2), (3), (4), (5), and (6), respectively; and
            (E) in paragraph (3), as redesignated, by striking 
        ``paragraph (3)'' and inserting ``paragraph (2)'';
        (2) in subsection (b)--
            (A) by striking paragraphs (1) and (4); and
            (B) by redesignating paragraphs (2), (3), (5), (6), and (7) 
        as paragraphs (1), (2), (3), (4), and (5), respectively; and
        (3) in subsection (c), by striking ``, as described in 
    subsection (a)(1)(B),''.

                     TITLE VII--GENERAL PROVISIONS

SEC. 27001. PERFORMANCE MEASUREMENT, TRANSPARENCY, AND ACCOUNTABILITY.
     For each grant awarded under this Act, or an amendment made by 
this Act, the Secretary may--
        (1) develop metrics to assess the effectiveness of the 
    activities funded by the grant;
        (2) establish standards for the performance of the activities 
    funded by the grant that are based on the metrics developed under 
    paragraph (1); and
        (3) not later than the date that is 4 years after the date of 
    the initial award of the grant and every 2 years thereafter until 
    the date on which Federal financial assistance is discontinued for 
    the applicable activity, conduct an assessment of the activity 
    funded by the grant to confirm whether the performance is meeting 
    the standards for performance established under paragraph (2).
SEC. 27002. COORDINATION REGARDING FORCED LABOR.
    The Secretary shall coordinate with the Commissioner of U.S. 
Customs and Border Protection to ensure that no illegal products or 
materials produced with forced labor are procured with funding made 
available under this Act.
SEC. 27003. DEPARTMENT OF TRANSPORTATION SPECTRUM AUDIT.
    (a) Audit and Report.--Not later than 18 months after the date of 
enactment of this Act, the Assistant Secretary of Commerce for 
Communications and Information and the Secretary shall jointly--
        (1) conduct an audit of the electromagnetic spectrum that is 
    assigned or otherwise allocated to the Department as of the date of 
    the audit; and
        (2) submit to Congress, and make available to each Member of 
    Congress upon request, a report containing the results of the audit 
    conducted under paragraph (1).
    (b) Contents of Report.--The Assistant Secretary of Commerce for 
Communications and Information and the Secretary shall include in the 
report submitted under subsection (a)(2), with respect to the 
electromagnetic spectrum that is assigned or otherwise allocated to the 
Department as of the date of the audit--
        (1) each particular band of spectrum being used by the 
    Department;
        (2) a description of each purpose for which a particular band 
    described in paragraph (1) is being used, and how much of the band 
    is being used for that purpose;
        (3) the State or other geographic area in which a particular 
    band described in paragraph (1) is assigned or allocated for use;
        (4) whether a particular band described in paragraph (1) is 
    used exclusively by the Department or shared with another Federal 
    entity or a non-Federal entity; and
        (5) any portion of the spectrum that is not being used by the 
    Department.
    (c) Form of Report.--The report required under subsection (a)(2) 
shall be submitted in unclassified form but may include a classified 
annex.
SEC. 27004. STUDY AND REPORTS ON THE TRAVEL AND TOURISM ACTIVITIES OF 
THE DEPARTMENT.
    (a) Study.--
        (1) In general.--The Secretary shall conduct a study (referred 
    to in this section as the ``study'') on the travel and tourism 
    activities within the Department.
        (2) Requirement.--The study shall evaluate how the Department 
    evaluates travel and tourism needs or criteria in considering 
    applications for grants under the grant programs of the Department.
    (b) Report of the Secretary.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the results of the study, which shall 
include--
        (1) an identification of how the Department currently evaluates 
    travel and tourism needs or criteria in considering applications 
    for grants under the grant programs of the Department;
        (2) a description of any actions that the Department will take 
    to improve the evaluation of tourism- and travel-related criteria 
    in considering applications for grants under those grant programs; 
    and
        (3) recommendations as to any statutory or regulatory changes 
    that may be required to enhance the consideration by the Department 
    of travel and tourism needs or criteria in considering applications 
    for grants under those grant programs.
    (c) GAO Assessment and Report.--
        (1) Assessment.--The Comptroller General of the United States 
    shall conduct an assessment of the existing resources of the 
    Department used to conduct travel- and tourism-related activities, 
    including the consideration of travel and tourism needs or criteria 
    in considering applications for grants under the grant programs of 
    the Department, in order to identify--
            (A) any resources needed by the Department; and
            (B) any barriers to carrying out those activities.
        (2) Report.--Not later than 18 months after the date of 
    enactment of this Act, the Comptroller General of the United States 
    shall submit to the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Transportation 
    and Infrastructure of the House of Representatives a report on the 
    assessment conducted under paragraph (1), which shall include--
            (A) recommendations for improving the evaluation and 
        consideration by the Department of travel and tourism with 
        respect to the discretionary grant programs of the Department;
            (B) an assessment of the resources needed to carry out the 
        tourism- and travel-related activities of the Department;
            (C) an assessment of any barriers to carrying out 
        activities relating to travel and tourism; and
            (D) recommendations for improving the ability of the 
        Department to carry out activities relating to travel and 
        tourism, which may include proposed statutory or regulatory 
        changes that may be needed to facilitate those activities.

   TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

SEC. 28001. SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY.
    (a) Division of Annual Appropriations.--
        (1) In general.--Section 4 of the Dingell-Johnson Sport Fish 
    Restoration Act (16 U.S.C. 777c) is amended--
            (A) in subsection (a), by striking ``2021'' and inserting 
        ``2026'';
            (B) in subsection (b)--
                (i) in paragraph (1)--

                    (I) in subparagraph (A), by striking ``2021'' and 
                inserting ``2026''; and
                    (II) by striking subparagraph (B) and inserting the 
                following:

            ``(B) Available amounts.--The available amount referred to 
        in subparagraph (A) is--
                ``(i) for the fiscal year that includes the date of 
            enactment of the Surface Transportation Reauthorization Act 
            of 2021, the sum obtained by adding--

                    ``(I) the available amount specified in this 
                subparagraph for the preceding fiscal year; and
                    ``(II) $979,500; and

                ``(ii) for each fiscal year thereafter, the sum 
            obtained by adding--

                    ``(I) the available amount specified in this 
                subparagraph for the preceding fiscal year; and
                    ``(II) the product obtained by multiplying--

                        ``(aa) the available amount specified in this 
                    subparagraph for the preceding fiscal year; and
                        ``(bb) the change, relative to the preceding 
                    fiscal year, in the Consumer Price Index for All 
                    Urban Consumers published by the Department of 
                    Labor.''; and
                (ii) in paragraph (2)--

                    (I) in subparagraph (A), by striking ``2016 through 
                2021'' and inserting ``2022 through 2026''; and
                    (II) by striking subparagraph (B) and inserting the 
                following:

            ``(B) Available amounts.--The available amount referred to 
        in subparagraph (A) is--
                ``(i) for fiscal year 2022, $12,786,434; and
                ``(ii) for fiscal year 2023 and each fiscal year 
            thereafter, the sum obtained by adding--

                    ``(I) the available amount specified in this 
                subparagraph for the preceding fiscal year; and
                    ``(II) the product obtained by multiplying--

                        ``(aa) the available amount specified in this 
                    subparagraph for the preceding fiscal year; and
                        ``(bb) the change, relative to the preceding 
                    fiscal year, in the Consumer Price Index for All 
                    Urban Consumers published by the Department of 
                    Labor.''; and
            (C) in subsection (e)(2), by striking ``$900,000'' and 
        inserting ``$1,300,000''.
        (2) Administration.--Section 9(a) of the Dingell-Johnson Sport 
    Fish Restoration Act (16 U.S.C. 777h(a)) is amended--
            (A) by striking paragraphs (1) and (2) and inserting the 
        following:
        ``(1) personnel costs of employees for the work hours of each 
    employee spent directly administering this Act, as those hours are 
    certified by the supervisor of the employee;'';
            (B) by redesignating paragraphs (3) through (12) as 
        paragraphs (2) through (11), respectively;
            (C) in paragraph (2) (as so redesignated), by striking 
        ``paragraphs (1) and (2)'' and inserting ``paragraph (1)'';
            (D) in paragraph (4)(B) (as so redesignated), by striking 
        ``full-time equivalent employee authorized under paragraphs (1) 
        and (2)'' and inserting ``employee authorized under paragraph 
        (1)'';
            (E) in paragraph (8)(A) (as so redesignated), by striking 
        ``on a full-time basis''; and
            (F) in paragraph (10) (as so redesignated)--
                (i) by inserting ``or part-time'' after ``full-time''; 
            and
                (ii) by inserting ``, subject to the condition that the 
            percentage of the relocation expenses paid with funds made 
            available pursuant to this Act may not exceed the 
            percentage of the work hours of the employee that are spent 
            administering this Act'' after ``incurred''.
        (3) Other activities.--Section 14(e) of the Dingell-Johnson 
    Sport Fish Restoration Act (16 U.S.C. 777m(e)) is amended by adding 
    at the end the following:
        ``(3) A portion, as determined by the Sport Fishing and Boating 
    Partnership Council, of funds disbursed for the purposes described 
    in paragraph (2) but remaining unobligated as of October 1, 2021, 
    shall be used to study the impact of derelict vessels and identify 
    recyclable solutions for recreational vessels.''.
        (4) Recreational boating safety.--Section 13107(c)(2) of title 
    46, United States Code, is amended by striking ``No funds 
    available'' and inserting ``On or after October 1, 2024, no funds 
    available''.
    (b) Wildlife Restoration Fund Administration.--
        (1) Allocation and apportionment of available amounts.--Section 
    4(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
    669c(a)) is amended--
            (A) in paragraph (1), by striking subparagraph (B) and 
        inserting the following:
            ``(B) Available amounts.--The available amount referred to 
        in subparagraph (A) is--
                ``(i) for the fiscal year that includes the date of 
            enactment of the Surface Transportation Reauthorization Act 
            of 2021, the sum obtained by adding--

                    ``(I) the available amount specified in this 
                subparagraph for the preceding fiscal year; and
                    ``(II) $979,500; and

                ``(ii) for each fiscal year thereafter, the sum 
            obtained by adding--

                    ``(I) the available amount specified in this 
                subparagraph for the preceding fiscal year; and
                    ``(II) the product obtained by multiplying--

                        ``(aa) the available amount specified in this 
                    subparagraph for the preceding fiscal year; and
                        ``(bb) the change, relative to the preceding 
                    fiscal year, in the Consumer Price Index for All 
                    Urban Consumers published by the Department of 
                    Labor.''; and
            (B) in paragraph (2)--
                (i) in subparagraph (A), by inserting ``subsequent'' 
            before ``fiscal year.''; and
                (ii) by striking subparagraph (B) and inserting the 
            following:
            ``(B) Apportionment of unobligated amounts.--
                ``(i) In general.--Not later than 60 days after the end 
            of a fiscal year, the Secretary of the Interior shall 
            apportion among the States any of the available amount 
            under paragraph (1) that remained available for obligation 
            pursuant to subparagraph (A) during that fiscal year and 
            remains unobligated at the end of that fiscal year.
                ``(ii) Requirement.--The available amount apportioned 
            under clause (i) shall be apportioned on the same basis and 
            in the same manner as other amounts made available under 
            this Act were apportioned among the States for the fiscal 
            year in which the amount was originally made available.''.
        (2) Authorized expenses for administration.--Section 9(a) of 
    the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) 
    is amended--
            (A) by striking paragraphs (1) and (2) and inserting the 
        following:
        ``(1) personnel costs of employees for the work hours of each 
    employee spent directly administering this Act, as those hours are 
    certified by the supervisor of the employee;'';
            (B) by redesignating paragraphs (3) through (12) as 
        paragraphs (2) through (11), respectively;
            (C) in paragraph (2) (as so redesignated), by striking 
        ``paragraphs (1) and (2)'' and inserting ``paragraph (1)'';
            (D) in paragraph (4)(B) (as so redesignated), by striking 
        ``full-time equivalent employee authorized under paragraphs (1) 
        and (2)'' and inserting ``employee authorized under paragraph 
        (1)'';
            (E) in paragraph (8)(A) (as so redesignated), by striking 
        ``on a full-time basis''; and
            (F) in paragraph (10) (as so redesignated)--
                (i) by inserting ``or part-time'' after ``full-time''; 
            and
                (ii) by inserting ``, subject to the condition that the 
            percentage of the relocation expenses paid with funds made 
            available pursuant to this Act may not exceed the 
            percentage of the work hours of the employee that are spent 
            administering this Act'' after ``incurred''.
    (c) Recreational Boating Access.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Comptroller General of the United States 
    shall submit to the Sport Fishing and Boating Partnership Council, 
    the Committee on Natural Resources and the Committee on 
    Transportation and Infrastructure of the House of Representatives, 
    and the Committee on Commerce, Science, and Transportation and the 
    Committee on Environment and Public Works of the Senate a report 
    that, to the extent practicable, given available data, shall 
    document--
            (A) the use of nonmotorized vessels in each State and how 
        the increased use of nonmotorized vessels is impacting 
        motorized and nonmotorized vessel access;
            (B) user conflicts at waterway access points; and
            (C) the use of--
                (i) Sport Fish Restoration Program funds to improve 
            nonmotorized access at waterway entry points and the 
            reasons for providing that access; and
                (ii) Recreational Boating Safety Program funds for 
            nonmotorized boating safety programs.
        (2) Consultation.--The Comptroller General of the United States 
    shall consult with the Sport Fishing and Boating Partnership 
    Council and the National Boating Safety Advisory Council on study 
    design, scope, and priorities for the report under paragraph (1).
    (d) Sport Fishing and Boating Partnership Council.--
        (1) In general.--The Sport Fishing and Boating Partnership 
    Council established by the Secretary of the Interior shall be an 
    advisory committee of the Department of the Interior and the 
    Department of Commerce subject to the Federal Advisory Committee 
    Act (5 U.S.C. App.).
        (2) FACA.-- The Secretary of the Interior and the Secretary of 
    Commerce shall jointly carry out the requirements of the Federal 
    Advisory Committee Act (5 U.S.C. App.) with respect to the Sport 
    Fishing and Boating Partnership Council described in paragraph (1).
        (3) Effective date.--This subsection shall take effect on 
    January 1, 2023.

                          DIVISION C--TRANSIT

SEC. 30001. DEFINITIONS.
    (a) In General.--Section 5302 of title 49, United States Code, is 
amended--
        (1) by redesignating paragraphs (1) through (24) as paragraphs 
    (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), 
    (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), 
    and (25), respectively; and
        (2) by inserting before paragraph (2) (as so redesignated) the 
    following:
        ``(1) Assault on a transit worker.--The term `assault on a 
    transit worker' means a circumstance in which an individual 
    knowingly, without lawful authority or permission, and with intent 
    to endanger the safety of any individual, or with a reckless 
    disregard for the safety of human life, interferes with, disables, 
    or incapacitates a transit worker while the transit worker is 
    performing the duties of the transit worker.''; and
        (3) in subparagraph (G) of paragraph (4) (as so redesignated)--
            (A) by redesignating clauses (iv) and (v) as clauses (v) 
        and (vi), respectively;
            (B) by inserting after clause (iii) the following:
                ``(iv) provides that if equipment to fuel privately 
            owned zero-emission passenger vehicles is installed, the 
            recipient of assistance under this chapter shall collect 
            fees from users of the equipment in order to recover the 
            costs of construction, maintenance, and operation of the 
            equipment;'';
            (C) in clause (vi) (as so redesignated)--
                (i) in subclause (XIII), by striking ``and'' at the 
            end;
                (ii) in subclause (XIV), by adding ``and'' after the 
            semicolon; and
                (iii) by adding at the end the following:

                    ``(XV) technology to fuel a zero-emission 
                vehicle;''.

    (b) Conforming Amendments.--
        (1) Section 601(a)(12)(E) of title 23, United States Code, is 
    amended by striking ``section 5302(3)(G)(v)'' and inserting 
    ``section 5302(4)(G)(v)''.
        (2) Section 5323(e)(3) of title 49, United States Code, is 
    amended by striking ``section 5302(3)(J)'' and inserting ``section 
    5302(4)(J)''.
        (3) Section 5336(e) of title 49, United States Code, is amended 
    by striking ``, as defined in section 5302(4)''.
        (4) Section 28501(4) of title 49, United States Code, is 
    amended by striking ``section 5302(a)(6)'' and inserting ``section 
    5302''.
SEC. 30002. METROPOLITAN TRANSPORTATION PLANNING.
    (a) In General.--Section 5303 of title 49, United States Code, is 
amended--
        (1) in subsection (a)(1), by inserting ``and better connect 
    housing and employment'' after ``urbanized areas'';
        (2) in subsection (g)(3)(A), by inserting ``housing,'' after 
    ``economic development,'';
        (3) in subsection (h)(1)(E), by inserting ``, housing,'' after 
    ``growth'';
        (4) in subsection (i)--
            (A) in paragraph (4)(B)--
                (i) by redesignating clauses (iii) through (vi) as 
            clauses (iv) through (vii), respectively; and
                (ii) by inserting after clause (ii) the following:
                ``(iii) assumed distribution of population and 
            housing;''; and
            (B) in paragraph (6)(A), by inserting ``affordable housing 
        organizations,'' after ``disabled,''; and
        (5) in subsection (k)--
            (A) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (B) by inserting after paragraph (3) the following:
        ``(4) Housing coordination process.--
            ``(A) In general.--Within a metropolitan planning area 
        serving a transportation management area, the transportation 
        planning process under this section may address the integration 
        of housing, transportation, and economic development strategies 
        through a process that provides for effective integration, 
        based on a cooperatively developed and implemented strategy, of 
        new and existing transportation facilities eligible for funding 
        under this chapter and title 23.
            ``(B) Coordination in integrated planning process.--In 
        carrying out the process described in subparagraph (A), a 
        metropolitan planning organization may--
                ``(i) consult with--

                    ``(I) State and local entities responsible for land 
                use, economic development, housing, management of road 
                networks, or public transportation; and
                    ``(II) other appropriate public or private 
                entities; and

                ``(ii) coordinate, to the extent practicable, with 
            applicable State and local entities to align the goals of 
            the process with the goals of any comprehensive housing 
            affordability strategies established within the 
            metropolitan planning area pursuant to section 105 of the 
            Cranston-Gonzalez National Affordable Housing Act (42 
            U.S.C. 12705) and plans developed under section 5A of the 
            United States Housing Act of 1937 (42 U.S.C. 1437c-1).
            ``(C) Housing coordination plan.--
                ``(i) In general.--A metropolitan planning organization 
            serving a transportation management area may develop a 
            housing coordination plan that includes projects and 
            strategies that may be considered in the metropolitan 
            transportation plan of the metropolitan planning 
            organization.
                ``(ii) Contents.--A plan described in clause (i) may--

                    ``(I) develop regional goals for the integration of 
                housing, transportation, and economic development 
                strategies to--

                        ``(aa) better connect housing and employment 
                    while mitigating commuting times;
                        ``(bb) align transportation improvements with 
                    housing needs, such as housing supply shortages, 
                    and proposed housing development;
                        ``(cc) align planning for housing and 
                    transportation to address needs in relationship to 
                    household incomes within the metropolitan planning 
                    area;
                        ``(dd) expand housing and economic development 
                    within the catchment areas of existing 
                    transportation facilities and public transportation 
                    services when appropriate, including higher-density 
                    development, as locally determined;
                        ``(ee) manage effects of growth of vehicle 
                    miles traveled experienced in the metropolitan 
                    planning area related to housing development and 
                    economic development;
                        ``(ff) increase share of households with 
                    sufficient and affordable access to the 
                    transportation networks of the metropolitan 
                    planning area;

                    ``(II) identify the location of existing and 
                planned housing and employment, and transportation 
                options that connect housing and employment; and
                    ``(III) include a comparison of transportation 
                plans to land use management plans, including zoning 
                plans, that may affect road use, public transportation 
                ridership and housing development.''.

    (b) Additional Consideration and Coordination.--Section 5303 of 
title 49, United States Code, is amended--
        (1) in subsection (d)--
            (A) in paragraph (3), by adding at the end the following:
            ``(D) Considerations.--In designating officials or 
        representatives under paragraph (2) for the first time, subject 
        to the bylaws or enabling statute of the metropolitan planning 
        organization, the metropolitan planning organization shall 
        consider the equitable and proportional representation of the 
        population of the metropolitan planning area.''; and
            (B) in paragraph (7)--
                (i) by striking ``an existing metropolitan planning 
            area'' and inserting ``an existing urbanized area (as 
            defined by the Bureau of the Census)''; and
                (ii) by striking ``the existing metropolitan planning 
            area'' and inserting ``the area'';
        (2) in subsection (g)--
            (A) in paragraph (1), by striking ``a metropolitan area'' 
        and inserting ``an urbanized area (as defined by the Bureau of 
        the Census)''; and
            (B) by adding at the end the following:
        ``(4) Coordination between mpos.--If more than 1 metropolitan 
    planning organization is designated within an urbanized area (as 
    defined by the Bureau of the Census) under subsection (d)(7), the 
    metropolitan planning organizations designated within the area 
    shall ensure, to the maximum extent practicable, the consistency of 
    any data used in the planning process, including information used 
    in forecasting travel demand.
        ``(5) Savings clause.--Nothing in this subsection requires 
    metropolitan planning organizations designated within a single 
    urbanized area to jointly develop planning documents, including a 
    unified long-range transportation plan or unified TIP.'';
        (3) in subsection (i)(6), by adding at the end the following:
            ``(D) Use of technology.--A metropolitan planning 
        organization may use social media and other web-based tools--
                ``(i) to further encourage public participation; and
                ``(ii) to solicit public feedback during the 
            transportation planning process.''; and
        (4) in subsection (p), by striking ``section 104(b)(5)'' and 
    inserting ``section 104(b)(6)''.
SEC. 30003. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
    (a) Technical Amendments.--Section 5304 of title 49, United States 
Code, is amended--
        (1) in subsection (e), in the matter preceding paragraph (1), 
    by striking the quotation marks before ``In''; and
        (2) in subsection (i), by striking ``this this'' and inserting 
    ``this''.
    (b) Use of Technology.--Section 5304(f)(3) of title 49, United 
States Code, is amended by adding at the end the following:
            ``(C) Use of technology.--A State may use social media and 
        other web-based tools--
                ``(i) to further encourage public participation; and
                ``(ii) to solicit public feedback during the 
            transportation planning process.''.
SEC. 30004. PLANNING PROGRAMS.
    Section 5305 of title 49, United States Code, is amended--
        (1) in subsection (e)(1)(A), in the matter preceding clause 
    (i), by striking ``this section and section'' and inserting ``this 
    section and sections''; and
        (2) by striking subsection (f) and inserting the following:
    ``(f) Government Share of Costs.--
        ``(1) In general.--Except as provided in paragraph (2), the 
    Government share of the cost of an activity funded using amounts 
    made available under this section may not exceed 80 percent of the 
    cost of the activity unless the Secretary determines that it is in 
    the interests of the Government--
            ``(A) not to require a State or local match; or
            ``(B) to allow a Government share greater than 80 percent.
        ``(2) Certain activities.--
            ``(A) In general.--The Government share of the cost of an 
        activity funded using amounts made available under this section 
        shall be not less than 90 percent for an activity that assists 
        parts of an urbanized area or rural area with lower population 
        density or lower average income levels compared to--
                ``(i) the applicable urbanized area;
                ``(ii) the applicable rural area;
                ``(iii) an adjoining urbanized area; or
                ``(iv) an adjoining rural area.
            ``(B) Report.--A State or metropolitan planning 
        organization that carries out an activity described in 
        subparagraph (A) with an increased Government share described 
        in that subparagraph shall report to the Secretary, in a form 
        as determined by the Secretary, how the increased Government 
        share for transportation planning activities benefits commuting 
        and other essential travel in parts of the applicable urbanized 
        area or rural area described in subparagraph (A) with lower 
        population density or lower average income levels.''.
SEC. 30005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
    (a) In General.--Section 5309 of title 49, United States Code, is 
amended--
        (1) in subsection (a)--
            (A) by striking paragraph (6);
            (B) by redesignating paragraph (7) as paragraph (6); and
            (C) in paragraph (6) (as so redesignated)--
                (i) in subparagraph (A), by striking ``$100,000,000'' 
            and inserting ``$150,000,000''; and
                (ii) in subparagraph (B), by striking ``$300,000,000'' 
            and inserting ``$400,000,000'';
        (2) in subsection (c)(1)--
            (A) in subparagraph (A), by striking ``and'' at the end;
            (B) in subparagraph (B)(iii), by striking the period at the 
        end and inserting ``; and''; and
            (C) by adding at the end the following:
            ``(C) the applicant has made progress toward meeting the 
        performance targets in section 5326(c)(2).'';
        (3) in subsection (e)(2)(A)(iii)(II), by striking ``the next 5 
    years'' and inserting ``the next 10 years, without regard to any 
    temporary measures employed by the applicant expected to increase 
    short-term capacity within the next 10 years'';
        (4) in subsection (g)--
            (A) in paragraph (3)(A), by striking ``exceed'' and all 
        that follows through ``50 percent'' and inserting ``exceed 50 
        percent'';
            (B) by redesignating paragraph (7) as paragraph (8); and
            (C) by inserting after paragraph (6) the following:
        ``(7) Project re-entry.--In carrying out ratings and 
    evaluations under this subsection, the Secretary shall provide full 
    and fair consideration to projects that seek an updated rating 
    after a period of inactivity following an earlier rating and 
    evaluation.'';
        (5) in subsection (i), by striking paragraphs (1) through (8) 
    and inserting the following:
        ``(1) Future bundling.--
            ``(A) Definition.--In this paragraph, the term `future 
        bundling request' means a letter described in subparagraph (B) 
        that requests future funding for additional projects.
            ``(B) Request.--When an applicant submits a letter to the 
        Secretary requesting entry of a project into the project 
        development phase under subsection (d)(1)(A)(i)(I), 
        (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include 
        a description of other projects for consideration for future 
        funding under this section. An applicant shall include in the 
        request the amount of funding requested under this section for 
        each additional project and the estimated capital cost of each 
        project.
            ``(C) Readiness.--Other projects included in the request 
        shall be ready to enter the project development phase under 
        subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A), within 5 years 
        of the initial project submitted as part of the request.
            ``(D) Planning.--Projects in the future bundling request 
        shall be included in the metropolitan transportation plan in 
        accordance with section 5303(i).
            ``(E) Project sponsor.--The applicant that submits a future 
        bundling request shall be the project sponsor for each project 
        included in the request.
            ``(F) Program and project share.--A future bundling request 
        submitted under this paragraph shall include a proposed share 
        of each of the request's projects that is consistent with the 
        requirements of subsections (k)(2)(C)(ii) or (h)(7), as 
        applicable.
            ``(G) Benefits.--The bundling of projects under this 
        subsection--
                ``(i) shall enhance, or increase the capacity of--

                    ``(I) the total transportation system of the 
                applicant; or
                    ``(II) the transportation system of the region the 
                applicant serves (which, in the case of a State whose 
                request addresses a single region, means that region); 
                and

                ``(ii) shall--

                    ``(I) streamline procurements for the applicant; or
                    ``(II) enable time or cost savings for the 
                projects.

            ``(H) Evaluation.--Each project submitted for consideration 
        for funding in a future bundling request shall be subject to 
        the applicable evaluation criteria under this section for the 
        project type, including demonstrating the availability of local 
        resources to recapitalize, maintain, and operate the overall 
        existing and proposed public transportation system pursuant to 
        subsection (f)(1)(C).
            ``(I) Letter of intent.--
                ``(i) In general.--Upon entering into a grant agreement 
            for the initial project for which an applicant submits a 
            future bundling request, the Secretary may issue a letter 
            of intent to the applicant that announces an intention to 
            obligate, for 1 or more additional projects included in the 
            request, an amount from future available budget authority 
            specified in law that is not more than the amount 
            stipulated as the financial participation of the Secretary 
            in the additional project or projects in the future 
            bundling. Such letter may include a condition that the 
            project or projects must meet the evaluation criteria in 
            this subsection before a grant agreement can be executed.
                ``(ii) Amount.--The amount that the Secretary announces 
            an intention to obligate for an additional project in the 
            future bundling request through a letter of intent issued 
            under clause (i) shall be sufficient to complete at least 
            an operable segment of the project.
                ``(iii) Treatment.--The issuance of a letter of intent 
            under clause (i) shall not be deemed to be an obligation 
            under sections 1108(c), 1501, and 1502(a) of title 31 or an 
            administrative commitment.
        ``(2) Immediate bundling.--
            ``(A) Definition.--In this paragraph, the term `immediate 
        bundling request' means a letter described in subparagraph (B) 
        that requests immediate funding for multiple projects.
            ``(B) Request.--An applicant may submit a letter to the 
        Secretary requesting entry of multiple projects into the 
        project development phase under subsection (d)(1)(A)(i)(I), 
        (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), for consideration for 
        funding under this section. An applicant shall include in the 
        request the amount of funding requested under this section for 
        each additional project and the estimated capital cost of each 
        project.
            ``(C) Readiness.--Projects included in the request must be 
        ready to enter the project development phase under subsection 
        (d)(1)(A), (e)(1)(A), or (h)(2)(A) at the same time.
            ``(D) Planning.--Projects in the bundle shall be included 
        in the metropolitan transportation plan in accordance with 
        section 5303(i).
            ``(E) Project sponsor.--The applicant that submits an 
        immediate bundling request shall be the project sponsor for 
        each project included in the request.
            ``(F) Program and project share.--An immediate bundling 
        request submitted under this subsection shall include a 
        proposed share of each of the request's projects that is 
        consistent with the requirements of subsections (k)(2)(C)(ii) 
        or (h)(7), as applicable.
            ``(G) Benefits.--The bundling of projects under this 
        subsection--
                ``(i) shall enhance, or increase the capacity of--

                    ``(I) the total transportation system of the 
                applicant; or
                    ``(II) the transportation system of the region the 
                applicant serves (which, in the case of a State whose 
                request addresses a single region, means that region); 
                and

                ``(ii) shall--

                    ``(I) streamline procurements for the applicant; or
                    ``(II) enable time or cost savings for the 
                projects.

            ``(H) Evaluation.--A project submitted for consideration 
        for immediate funding in an immediate bundling request shall be 
        subject to the applicable evaluation criteria under this 
        section for the project type, including demonstrating the 
        availability of local resources to recapitalize, maintain, and 
        operate the overall existing and proposed public transportation 
        system pursuant to subsection (f)(1)(C).
            ``(I) Letter of intent or single grant agreement.--
                ``(i) In general.--Upon entering into a grant agreement 
            for the initial project for which an applicant submits a 
            request, the Secretary may issue a letter of intent or 
            single, combined grant agreement to the applicant.
                ``(ii) Letter of intent.--

                    ``(I) In general.--A letter of intent announces an 
                intention to obligate, for 1 or more additional 
                projects included in the request, an amount from future 
                available budget authority specified in law that is not 
                more than the amount stipulated as the financial 
                participation of the Secretary in the additional 
                project or projects. Such letter may include a 
                condition that the project or projects must meet the 
                evaluation criteria in this subsection before a grant 
                agreement can be executed.
                    ``(II) Amount.--The amount that the Secretary 
                announces an intention to obligate for an additional 
                project in a letter of intent issued under clause (i) 
                shall be sufficient to complete at least an operable 
                segment of the project.
                    ``(III) Treatment.--The issuance of a letter of 
                intent under clause (i) shall not be deemed to be an 
                obligation under sections 1108(c), 1501, and 1502(a) of 
                title 31 or an administrative commitment.

        ``(3) Evaluation criteria.--When the Secretary issues rules or 
    policy guidance under this section, the Secretary may request 
    comment from the public regarding potential changes to the 
    evaluation criteria for project justification and local financial 
    commitment under subsections (d), (e), (f), and (h) for the 
    purposes of streamlining the evaluation process for projects 
    included in a future bundling request or an immediate bundling 
    request, including changes to enable simultaneous evaluation of 
    multiple projects under 1 or more evaluation criteria. 
    Notwithstanding paragraphs (1)(H) and (2)(H), such criteria may be 
    utilized for projects included in a future bundling request or an 
    immediate bundling request under this subsection upon promulgation 
    of the applicable rule or policy guidance.
        ``(4) Grant agreements.--
            ``(A) New start and core capacity improvement projects.--A 
        new start project or core capacity improvement project in an 
        immediate bundling request or future bundling request shall be 
        carried out through a full funding grant agreement or expedited 
        grant agreement pursuant to subsection (k)(2).
            ``(B) Small start.--A small start project shall be carried 
        out through a grant agreement pursuant to subsection (h)(7).
            ``(C) Requirement.--A combined grant agreement described in 
        paragraph (2)(I)(i) shall--
                ``(i) include only projects in an immediate future 
            bundling request that are ready to receive a grant 
            agreement under this section,
                ``(ii) be carried out through a full funding grant 
            agreement or expedited grant agreement pursuant to 
            subsection (k)(2) for the included projects, if a project 
            seeking assistance under the combined grant agreement is a 
            new start project or core capacity improvement project; and
                ``(iii) be carried out through a grant agreement 
            pursuant to subsection (h)(7) for the included projects, if 
            the projects seeking assistance under the combined grant 
            agreement consist entirely of small start projects.
            ``(D) Savings provision.--The use of a combined grant 
        agreement shall not waive or amend applicable evaluation 
        criteria under this section for projects included in the 
        combined grant agreement.'';
        (6) in subsection (k)--
            (A) in paragraph (2)(E)--
                (i) by striking ``(E) Before and after study.--'' and 
            all that follows through ``(I) Submission of plan.--'' and 
            inserting the following: ``(E) Information collection and 
            analysis plan.--
                ``(i) Submission of plan.--'';
                (ii) by redesignating subclause (II) of clause (i) (as 
            so designated) as clause (ii), and adjusting the margin 
            accordingly; and
                (iii) in clause (ii) (as so redesignated)--

                    (I) by redesignating items (aa) through (dd) as 
                subclauses (I) through (IV), respectively, and 
                adjusting the margins accordingly; and
                    (II) in the matter preceding subclause (I) (as so 
                redesignated), by striking ``subclause (I)'' and 
                inserting ``clause (i)''; and

            (B) in paragraph (5), by striking ``At least 30'' and 
        inserting ``Not later than 15'';
        (7) in subsection (o)--
            (A) by striking paragraph (2);
            (B) by redesignating paragraph (3) as paragraph (2); and
            (C) in paragraph (2) (as so redesignated)--
                (i) in subparagraph (A)--

                    (I) in the matter preceding clause (i), by striking 
                ``of'' and inserting ``that'';
                    (II) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), respectively, and adjusting 
                the margins accordingly;
                    (III) by inserting before subclause (I) (as so 
                redesignated), the following:

                ``(i) assesses--'';

                    (IV) in clause (i) (as so designated)--

                        (aa) in subclause (I) (as so redesignated), by 
                    striking ``new fixed guideway capital projects and 
                    core capacity improvement projects'' and inserting 
                    ``all new fixed guideway capital projects and core 
                    capacity improvement projects for grant agreements 
                    under this section and section 3005(b) of the 
                    Federal Public Transportation Act of 2015 (49 
                    U.S.C. 5309 note; Public Law 114-94)''; and
                        (bb) in subclause (II) (as so redesignated), by 
                    striking ``and'' at the end; and

                    (V) by adding at the end the following:

                ``(ii) includes, with respect to projects that entered 
            into revenue service since the previous biennial review--

                    ``(I) a description and analysis of the impacts of 
                the projects on public transportation services and 
                public transportation ridership;
                    ``(II) a description and analysis of the 
                consistency of predicted and actual benefits and costs 
                of the innovative project development and delivery 
                methods of, or innovative financing for, the projects; 
                and
                    ``(III) an identification of the reasons for any 
                differences between predicted and actual outcomes for 
                the projects; and

                ``(iii) in conducting the review under clause (ii), 
            incorporates information from the plans submitted by 
            applicants under subsection (k)(2)(E)(i); and''; and
                (ii) in subparagraph (B), by striking ``each year'' and 
            inserting ``the applicable year''; and
        (8) by adding at the end the following:
    ``(r) Capital Investment Grant Dashboard.--
        ``(1) In general.--The Secretary shall make publicly available 
    in an easily identifiable location on the website of the Department 
    of Transportation a dashboard containing the following information 
    for each project seeking a grant agreement under this section:
            ``(A) Project name.
            ``(B) Project sponsor.
            ``(C) City or urbanized area and State in which the project 
        will be located.
            ``(D) Project type.
            ``(E) Project mode.
            ``(F) Project length and number of stops, including length 
        of exclusive bus rapid transit lanes, if applicable.
            ``(G) Anticipated total project cost.
            ``(H) Anticipated share of project costs to be sought under 
        this section.
            ``(I) Date of compliance with the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(J) Date on which the project entered the project 
        development phase.
            ``(K) Date on which the project entered the engineering 
        phase, if applicable.
            ``(L) Date on which a Letter of No Prejudice was requested, 
        and date on which a Letter of No Prejudice was issued or 
        denied, if applicable.
            ``(M) Date of the applicant's most recent project ratings, 
        including date of request for updated ratings, if applicable.
            ``(N) Status of the project sponsor in securing non-Federal 
        matching funds.
            ``(O) Date on which a project grant agreement is 
        anticipated to be executed.
        ``(2) Updates.--The Secretary shall update the information 
    provided under paragraph (1) not less frequently than monthly.
        ``(3) Project profiles.--The Secretary shall continue to make 
    profiles for projects that have applied for or are receiving 
    assistance under this section publicly available in an easily 
    identifiable location on the website of the Department of 
    Transportation, in the same manner as the Secretary did as of the 
    day before the date of enactment of this subsection.''.
    (b) Expedited Project Delivery for Capital Investment Grants Pilot 
Program.--Section 3005(b) of the Federal Public Transportation Act of 
2015 (49 U.S.C. 5309 note; Public Law 114-94) is amended--
        (1) in paragraph (1)(I)--
            (A) in clause (i), by striking ``$75,000,000'' and 
        inserting ``$150,000,000''; and
            (B) in clause (ii), by striking ``$300,000,000'' and 
        inserting ``$400,000,000'';
        (2) in paragraph (8)(D)(i), by striking ``30 days'' and 
    inserting ``15 days'';
        (3) by striking paragraph (12); and
        (4) by redesignating paragraph (13) as paragraph (12).
SEC. 30006. FORMULA GRANTS FOR RURAL AREAS.
    Section 5311 of title 49, United States Code, is amended--
        (1) in subsection (c)--
            (A) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (B) by striking paragraph (1) and inserting the following:
        ``(1) In general.--Of the amounts made available or 
    appropriated for each fiscal year pursuant to section 5338(a)(2)(F) 
    to carry out this section--
            ``(A) an amount equal to 5 percent shall be available to 
        carry out paragraph (2); and
            ``(B) 3 percent shall be available to carry out paragraph 
        (3).
        ``(2) Public transportation on indian reservations.--For each 
    fiscal year, the amounts made available under paragraph (1)(A) 
    shall be apportioned for grants to Indian tribes for any purpose 
    eligible under this section, under such terms and conditions as may 
    be established by the Secretary, of which--
            ``(A) 20 percent shall be distributed by the Secretary on a 
        competitive basis; and
            ``(B) 80 percent shall be apportioned as formula grants as 
        provided in subsection (j).''; and
        (2) in subsection (j)(1)(A), in the matter preceding clause 
    (i), by striking ``subsection (c)(1)(B)'' and inserting 
    ``subsection (c)(2)(B)''.
SEC. 30007. PUBLIC TRANSPORTATION INNOVATION.
    (a) In General.--Section 5312 of title 49, United States Code, is 
amended--
        (1) by striking the first subsection designated as subsection 
    (g), relating to annual reports on research, as so designated by 
    section 3008(a)(6)(A) of the FAST Act (Public Law 114-94; 129 Stat. 
    1468) and inserting the following:
    ``(f) Annual Report on Research.--
        ``(1) In general.--Not later than the first Monday in February 
    of each year, the Secretary shall make available to the public on 
    the Web site of the Department of Transportation, a report that 
    includes--
            ``(A) a description of each project that received 
        assistance under this section during the preceding fiscal year;
            ``(B) an evaluation of each project described in paragraph 
        (1), including any evaluation conducted under subsection (e)(4) 
        for the preceding fiscal year; and
            ``(C) a strategic research roadmap proposal for allocations 
        of amounts for assistance under this section for the current 
        and subsequent fiscal year, including anticipated work areas, 
        proposed demonstrations and strategic partnership 
        opportunities;
        ``(2) Updates.--Not less than every 3 months, the Secretary 
    shall update on the Web site of the Department of Transportation 
    the information described in paragraph (1)(C) to reflect any 
    changes to the Secretary's plans to make assistance available under 
    this section.
        ``(3) Long-term research plans.--The Secretary is encouraged to 
    develop long-term research plans and shall identify in the annual 
    report under paragraph (1) and in updates under paragraph (2) 
    allocations of amounts for assistance and notices of funding 
    opportunities to execute long-term strategic research roadmap 
    plans.'';
        (2) in paragraph (1) of subsection (g), relating to Government 
    share of costs, by striking the period at the end and inserting ``, 
    except that if there is substantial public interest or benefit, the 
    Secretary may approve a greater Federal share.''; and
        (3) in subsection (h)--
            (A) in paragraph (2)--
                (i) by striking subparagraph (A) and inserting the 
            following:
            ``(A) In general.--The Secretary shall competitively select 
        at least 1 facility--
                ``(i) to conduct testing, evaluation, and analysis of 
            low or no emission vehicle components intended for use in 
            low or no emission vehicles; and
                ``(ii) to conduct directed technology research.'';
                (ii) by striking subparagraph (B) and inserting the 
            following:
            ``(B) Testing, evaluation, and analysis.--
                ``(i) In general.--The Secretary shall enter into a 
            contract or cooperative agreement with, or make a grant to, 
            at least 1 institution of higher education to operate and 
            maintain a facility to conduct testing, evaluation, and 
            analysis of low or no emission vehicle components, and new 
            and emerging technology components, intended for use in low 
            or no emission vehicles.
                ``(ii) Requirements.--An institution of higher 
            education described in clause (i) shall have--

                    ``(I) capacity to carry out transportation-related 
                advanced component and vehicle evaluation;
                    ``(II) laboratories capable of testing and 
                evaluation; and
                    ``(III) direct access to or a partnership with a 
                testing facility capable of emulating real-world 
                circumstances in order to test low or no emission 
                vehicle components installed on the intended 
                vehicle.''; and

                (iii) by adding at the end the following:
            ``(H) Capital equipment and directed research.--A facility 
        operated and maintained under subparagraph (A) may use funds 
        made available under this subsection for--
                ``(i) acquisition of equipment and capital projects 
            related to testing low or no emission vehicle components; 
            or
                ``(ii) research related to advanced vehicle 
            technologies that provides advancements to the entire 
            public transportation industry.
            ``(I) Cost share.--The cost share for activities described 
        in subparagraph (H) shall be subject to the terms in subsection 
        (g).''; and
            (B) in paragraph (3), by inserting ``, as applicable'' 
        before the period at the end.
    (b) Low or No Emission Vehicle Component Assessment.--
        (1) In general.--Institutions of higher education selected to 
    operate and maintain a facility to conduct testing, evaluation, and 
    analysis of low or no emission vehicle components pursuant to 
    section 5312(h) of title 49, United States Code, shall not carry 
    out testing for a new bus model under section 5318 of that title.
        (2) Use of funds.--Funds made available to institutions of 
    higher education described in paragraph (1) for testing under 
    section 5318 of title 49, United States Code, may be used for 
    eligible activities under section 5312(h) of that title.
    (c) Accelerated Implementation and Deployment of Advanced Digital 
Construction Management Systems.--Section 5312(b) of title 49, United 
States Code, is amended by adding at the end the following:
        ``(4) Accelerated implementation and deployment of advanced 
    digital construction management systems.--
            ``(A) In general.--The Secretary shall establish and 
        implement a program under this subsection to promote, 
        implement, deploy, demonstrate, showcase, support, and document 
        the application of advanced digital construction management 
        systems, practices, performance, and benefits.
            ``(B) Goals.--The goals of the accelerated implementation 
        and deployment of advanced digital construction management 
        systems program established under subparagraph (A) shall 
        include--
                ``(i) accelerated adoption of advanced digital systems 
            applied throughout the lifecycle of transportation 
            infrastructure (including through the planning, design and 
            engineering, construction, operations, and maintenance 
            phases) that--

                    ``(I) maximize interoperability with other systems, 
                products, tools, or applications;
                    ``(II) boost productivity;
                    ``(III) manage complexity;
                    ``(IV) reduce project delays and cost overruns;
                    ``(V) enhance safety and quality; and
                    ``(VI) reduce total costs for the entire lifecycle 
                of transportation infrastructure assets;

                ``(ii) more timely and productive information-sharing 
            among stakeholders through reduced reliance on paper to 
            manage construction processes and deliverables such as 
            blueprints, design drawings, procurement and supply-chain 
            orders, equipment logs, daily progress reports, and punch 
            lists;
                ``(iii) deployment of digital management systems that 
            enable and leverage the use of digital technologies on 
            construction sites by contractors, such as state-of-the-art 
            automated and connected machinery and optimized routing 
            software that allows construction workers to perform tasks 
            faster, safer, more accurately, and with minimal 
            supervision;
                ``(iv) the development and deployment of best practices 
            for use in digital construction management;
                ``(v) increased technology adoption and deployment by 
            States, local governmental authorities, and designated 
            recipients that enables project sponsors--

                    ``(I) to integrate the adoption of digital 
                management systems and technologies in contracts; and
                    ``(II) to weigh the cost of digitization and 
                technology in setting project budgets;

                ``(vi) technology training and workforce development to 
            build the capabilities of project managers and sponsors 
            that enables States, local governmental authorities, or 
            designated recipients--

                    ``(I) to better manage projects using advanced 
                construction management technologies; and
                    ``(II) to properly measure and reward technology 
                adoption across projects;

                ``(vii) development of guidance to assist States, local 
            governmental authorities, and designated recipients in 
            updating regulations to allow project sponsors and 
            contractors--

                    ``(I) to report data relating to the project in 
                digital formats; and
                    ``(II) to fully capture the efficiencies and 
                benefits of advanced digital construction management 
                systems and related technologies;

                ``(viii) reduction in the environmental footprint of 
            construction projects using advanced digital construction 
            management systems resulting from elimination of congestion 
            through more efficient projects; and
                ``(ix) enhanced worker and pedestrian safety resulting 
            from increased transparency.
            ``(C) Publication.--The reporting requirements for the 
        accelerated implementation and deployment of advanced digital 
        construction management systems program established under 
        section 503(c)(5) of title 23 shall include data and analysis 
        collected under this section.''.
SEC. 30008. BUS TESTING FACILITIES.
    Section 5318 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Capital Equipment.--A facility operated and maintained under 
this section may use funds made available under this section for the 
acquisition of equipment and capital projects related to testing new 
bus models.''.
SEC. 30009. TRANSIT-ORIENTED DEVELOPMENT.
    Section 20005(b) of MAP-21 (49 U.S.C. 5303 note; Public Law 112-
141) is amended--
        (1) in paragraph (2), in the matter preceding subparagraph (A), 
    by inserting ``or site-specific'' after ``comprehensive''; and
        (2) in paragraph (3)--
            (A) in subparagraph (B), by inserting ``or a site-specific 
        plan'' after ``comprehensive plan'';
            (B) in subparagraph (C), by inserting ``or the proposed 
        site-specific plan'' after ``proposed comprehensive plan'';
            (C) in subparagraph (D), by inserting ``or the site-
        specific plan'' after ``comprehensive plan''; and
            (D) in subparagraph (E)(iii), by inserting ``or the site-
        specific plan'' after ``comprehensive plan''.
SEC. 30010. GENERAL PROVISIONS.
    Section 5323(u) of title 49, United States Code, is amended by 
striking paragraph (2) and inserting the following:
        ``(2) Exception.--For purposes of paragraph (1), the term 
    `otherwise related legally or financially' does not include--
            ``(A) a minority relationship or investment; or
            ``(B) relationship with or investment in a subsidiary, 
        joint venture, or other entity based in a country described in 
        paragraph (1)(B) that does not export rolling stock or 
        components of rolling stock for use in the United States.''.
SEC. 30011. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.
    Section 5324 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Insurance.--Before receiving a grant under this section 
following an emergency, an applicant shall--
        ``(1) submit to the Secretary documentation demonstrating proof 
    of insurance required under Federal law for all structures related 
    to the grant application; and
        ``(2) certify to the Secretary that the applicant has insurance 
    required under State law for all structures related to the grant 
    application.''.
SEC. 30012. PUBLIC TRANSPORTATION SAFETY PROGRAM.
    (a) In General.--Section 5329 of title 49, United States Code, is 
amended--
        (1) in subsection (b)--
            (A) in paragraph (2)--
                (i) in subparagraph (A), by inserting ``, or, in the 
            case of a recipient receiving assistance under section 5307 
            that is serving an urbanized area with a population of 
            200,000 or more, safety performance measures, including 
            measures related to the risk reduction program under 
            subsection (d)(1)(I), for all modes of public 
            transportation'' after ``public transportation'';
                (ii) in subparagraph (C)(ii)--

                    (I) in subclause (I), by striking ``and'' at the 
                end;
                    (II) in subclause (II), by adding ``and'' at the 
                end; and
                    (III) by adding at the end the following:
                    ``(III) innovations in driver assistance 
                technologies and driver protection infrastructure, 
                where appropriate, and a reduction in visibility 
                impairments that contribute to pedestrian 
                fatalities;'';

                (iii) in subparagraph (D)(ii)(V), by striking ``and'' 
            at the end;
                (iv) in subparagraph (E), by striking the period at the 
            end and inserting ``; and'';
                (v) by redesignating subparagraphs (D) and (E) as 
            subparagraphs (E) and (F), respectively;
                (vi) by inserting after subparagraph (C) the following:
            ``(D) in consultation with the Secretary of Health and 
        Human Services, precautionary and reactive actions required to 
        ensure public and personnel safety and health during an 
        emergency (as defined in section 5324(a));''; and
                (vii) by adding at the end the following:
            ``(G) consideration, where appropriate, of performance-
        based and risk-based methodologies.''; and
            (B) by adding at the end the following:
        ``(3) Plan updates.--The Secretary shall update the national 
    public transportation safety plan under paragraph (1) as necessary 
    with respect to recipients receiving assistance under section 5307 
    that serve an urbanized area with a population of 200,000 or 
    more.'';
        (2) in subsection (c)--
            (A) by striking paragraph (2); and
            (B) by striking the subsection designation and heading and 
        all that follows through ``The Secretary'' in paragraph (1) and 
        inserting the following:
    ``(c) Public Transportation Safety Certification Training 
Program.--The Secretary'';
        (3) in subsection (d)--
            (A) in paragraph (1)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``Effective 1 year'' and all that follows through 
            ``each recipient'' and inserting ``Each recipient'';
                (ii) in subparagraph (A), by inserting ``, or, in the 
            case of a recipient receiving assistance under section 5307 
            that is serving an urbanized area with a population of 
            200,000 or more, the safety committee of the entity 
            established under paragraph (5), followed by the board of 
            directors (or equivalent entity) of the recipient 
            approve,'' after ``approve'';
                (iii) by redesignating subparagraphs (B) through (G) as 
            subparagraphs (C) through (H), respectively;
                (iv) by inserting after subparagraph (A) the following:
            ``(B) for each recipient serving an urbanized area with a 
        population of fewer than 200,000, a requirement that the agency 
        safety plan be developed in cooperation with frontline employee 
        representatives;'';
                (v) in subparagraph (D) (as so redesignated), by 
            inserting ``, and consistent with guidelines of the Centers 
            for Disease Control and Prevention or a State health 
            authority, minimize exposure to infectious diseases'' after 
            ``public, personnel, and property to hazards and unsafe 
            conditions'';
                (vi) by striking subparagraph (F) (as so redesignated) 
            and inserting the following:
            ``(F) performance targets based on--
                ``(i) the safety performance criteria and state of good 
            repair standards established under subparagraphs (A) and 
            (B), respectively, of subsection (b)(2); or
                ``(ii) in the case of a recipient receiving assistance 
            under section 5307 that is serving an urbanized area with a 
            population of 200,000 or more, safety performance measures 
            established under the national public transportation safety 
            plan, as described in subsection (b)(2)(A);'';
                (vii) in subparagraph (G) (as so redesignated), by 
            striking ``and'' at the end; and
                (viii) by striking subparagraph (H) (as so 
            redesignated) and inserting the following:
            ``(H) a comprehensive staff training program for--
                ``(i) the operations personnel and personnel directly 
            responsible for safety of the recipient that includes--

                    ``(I) the completion of a safety training program; 
                and
                    ``(II) continuing safety education and training; or

                ``(ii) in the case of a recipient receiving assistance 
            under section 5307 that is serving an urbanized area with a 
            population of 200,000 or more, the operations and 
            maintenance personnel and personnel directly responsible 
            for safety of the recipient that includes--

                    ``(I) the completion of a safety training program;
                    ``(II) continuing safety education and training; 
                and
                    ``(III) de-escalation training; and

            ``(I) in the case of a recipient receiving assistance under 
        section 5307 that is serving an urbanized area with a 
        population of 200,000 or more, a risk reduction program for 
        transit operations to improve safety by reducing the number and 
        rates of accidents, injuries, and assaults on transit workers 
        based on data submitted to the national transit database under 
        section 5335, including--
                ``(i) a reduction of vehicular and pedestrian accidents 
            involving buses that includes measures to reduce visibility 
            impairments for bus operators that contribute to accidents, 
            including retrofits to buses in revenue service and 
            specifications for future procurements that reduce 
            visibility impairments; and
                ``(ii) the mitigation of assaults on transit workers, 
            including the deployment of assault mitigation 
            infrastructure and technology on buses, including barriers 
            to restrict the unwanted entry of individuals and objects 
            into the workstations of bus operators when a risk analysis 
            performed by the safety committee of the recipient 
            established under paragraph (5) determines that such 
            barriers or other measures would reduce assaults on transit 
            workers and injuries to transit workers.''; and
            (B) by adding at the end the following:
        ``(4) Risk reduction performance targets.--
            ``(A) In general.--The safety committee of a recipient 
        receiving assistance under section 5307 that is serving an 
        urbanized area with a population of 200,000 or more established 
        under paragraph (5) shall establish performance targets for the 
        risk reduction program required under paragraph (1)(I) using a 
        3-year rolling average of the data submitted by the recipient 
        to the national transit database under section 5335.
            ``(B) Safety set aside.--A recipient receiving assistance 
        under section 5307 that is serving an urbanized area with a 
        population of 200,000 or more shall allocate not less than 0.75 
        percent of those funds to safety-related projects eligible 
        under section 5307.
            ``(C) Failure to meet performance targets.--A recipient 
        receiving assistance under section 5307 that is serving an 
        urbanized area with a population of 200,000 or more that does 
        not meet the performance targets established under subparagraph 
        (A) shall allocate the amount made available in subparagraph 
        (B) in the following fiscal year to projects described in 
        subparagraph (D).
            ``(D) Eligible projects.--Funds set aside under 
        subparagraph (C) shall be used for projects that are reasonably 
        likely to assist the recipient in meeting the performance 
        targets established in subparagraph (A), including 
        modifications to rolling stock and de-escalation training.
        ``(5) Safety committee.--
            ``(A) In general.--For purposes of this subsection, the 
        safety committee of a recipient shall--
                ``(i) be convened by a joint labor-management process;
                ``(ii) consist of an equal number of--

                    ``(I) frontline employee representatives, selected 
                by a labor organization representing the plurality of 
                the frontline workforce employed by the recipient or, 
                if applicable, a contractor to the recipient, to the 
                extent frontline employees are represented by labor 
                organizations; and
                    ``(II) management representatives; and

                ``(iii) have, at a minimum, responsibility for--

                    ``(I) identifying and recommending risk-based 
                mitigations or strategies necessary to reduce the 
                likelihood and severity of consequences identified 
                through the agency's safety risk assessment;
                    ``(II) identifying mitigations or strategies that 
                may be ineffective, inappropriate, or were not 
                implemented as intended; and
                    ``(III) identifying safety deficiencies for 
                purposes of continuous improvement.

            ``(B) Applicability.--This paragraph applies only to a 
        recipient receiving assistance under section 5307 that is 
        serving an urbanized area with a population of 200,000 or 
        more.'';
        (4) in subsection (e)--
            (A) in paragraph (4)(A)(v), by inserting ``, inspection,'' 
        after ``investigative''; and
            (B) by adding at the end the following:
        ``(11) Effectiveness of enforcement authorities and 
    practices.--The Secretary shall develop and disseminate to State 
    safety oversight agencies the process and methodology that the 
    Secretary will use to monitor the effectiveness of the enforcement 
    authorities and practices of State safety oversight agencies.''; 
    and
        (5) by striking subsection (k) and inserting the following:
    ``(k) Inspections.--
        ``(1) Inspection access.--
            ``(A) In general.--A State safety oversight program shall 
        provide the State safety oversight agency established by the 
        program with the authority and capability to enter the 
        facilities of each rail fixed guideway public transportation 
        system that the State safety oversight agency oversees to 
        inspect infrastructure, equipment, records, personnel, and 
        data, including the data that the rail fixed guideway public 
        transportation agency collects when identifying and evaluating 
        safety risks.
            ``(B) Policies and procedures.--A State safety oversight 
        agency, in consultation with each rail fixed guideway public 
        transportation agency that the State safety oversight agency 
        oversees, shall establish policies and procedures regarding the 
        access of the State safety oversight agency to conduct 
        inspections of the rail fixed guideway public transportation 
        system, including access for inspections that occur without 
        advance notice to the rail fixed guideway public transportation 
        agency.
        ``(2) Data collection.--
            ``(A) In general.--A rail fixed guideway public 
        transportation agency shall provide the applicable State safety 
        oversight agency with the data that the rail fixed guideway 
        public transportation agency collects when identifying and 
        evaluating safety risks, in accordance with subparagraph (B).
            ``(B) Policies and procedures.--A State safety oversight 
        agency, in consultation with each rail fixed guideway public 
        transportation agency that the State safety oversight agency 
        oversees, shall establish policies and procedures for 
        collecting data described in subparagraph (A) from a rail fixed 
        guideway public transportation agency, including with respect 
        to frequency of collection, that is commensurate with the size 
        and complexity of the rail fixed guideway public transportation 
        system.
        ``(3) Incorporation.--Policies and procedures established under 
    this subsection shall be incorporated into--
            ``(A) the State safety oversight program standard adopted 
        by a State safety oversight agency under section 674.27 of 
        title 49, Code of Federal Regulations (or any successor 
        regulation); and
            ``(B) the public transportation agency safety plan 
        established by a rail fixed guideway public transportation 
        agency under subsection (d).
        ``(4) Assessment by secretary.--In assessing the capability of 
    a State safety oversight agency to conduct inspections as required 
    under paragraph (1), the Secretary shall ensure that--
            ``(A) the inspection practices of the State safety 
        oversight agency are commensurate with the number, size, and 
        complexity of the rail fixed guideway public transportation 
        systems that the State safety oversight agency oversees;
            ``(B) the inspection program of the State safety oversight 
        agency is risk-based; and
            ``(C) the State safety oversight agency has sufficient 
        resources to conduct the inspections.
        ``(5) Special directive.--The Secretary shall issue a special 
    directive to each State safety oversight agency on the development 
    and implementation of risk-based inspection programs under this 
    subsection.
        ``(6) Enforcement.--The Secretary may use any authority under 
    this section, including any enforcement action authorized under 
    subsection (g), to ensure the compliance of a State safety 
    oversight agency or State safety oversight program with this 
    subsection.''.
    (b) Deadline; Effective Date.--
        (1) Special directive on risk-based inspection programs.--Not 
    later than 1 year after the date of enactment of this Act, the 
    Secretary of Transportation shall issue each special directive 
    required under section 5329(k)(5) of title 49, United States Code 
    (as added by subsection (a)).
        (2) Inspection requirements.--Section 5329(k) of title 49, 
    United States Code (as amended by subsection (a)), shall apply with 
    respect to a State safety oversight agency on and after the date 
    that is 2 years after the date on which the Secretary of 
    Transportation issues the special directive to the State safety 
    oversight agency under paragraph (5) of that section 5329(k).
    (c) No Effect on Initial Certification Process.--Nothing in this 
section or the amendments made by this section affects the requirements 
for initial approval of a State safety oversight program, including the 
initial deadline, under section 5329(e)(3) of title 49, United States 
Code.
SEC. 30013. ADMINISTRATIVE PROVISIONS.
    Section 5334(h)(4) of title 49, United States Code, is amended--
        (1) by redesignating subparagraphs (B) and (C) as subparagraphs 
    (C) and (D), respectively; and
        (2) by inserting after subparagraph (A) the following:
            ``(B) Reimbursement.--
                ``(i) Fair market value of less than $5,000.--With 
            respect to rolling stock and equipment with a unit fair 
            market value of $5,000 or less per unit and unused supplies 
            with a total aggregate fair market value of $5,000 or less 
            that was purchased using Federal financial assistance under 
            this chapter, the rolling stock, equipment, and supplies 
            may be retained, sold, or otherwise disposed of at the end 
            of the service life of the rolling stock, equipment, or 
            supplies without any obligation to reimburse the Federal 
            Transit Administration.
                ``(ii) Fair market value of more than $5,000.--

                    ``(I) In general.--With respect to rolling stock 
                and equipment with a unit fair market value of more 
                than $5,000 per unit and unused supplies with a total 
                aggregate fair market value of more than $5,000 that 
                was purchased using Federal financial assistance under 
                this chapter, the rolling stock, equipment, and 
                supplies may be retained or sold at the end of the 
                service life of the rolling stock, equipment, or 
                supplies.
                    ``(II) Reimbursement required.--If rolling stock, 
                equipment, or supplies described in subclause (I) is 
                sold, of the proceeds from the sale--

                        ``(aa) the recipient shall retain an amount 
                    equal to the sum of--
                            ``(AA) $5,000; and
                            ``(BB) of the remaining proceeds, a 
                        percentage of the amount equal to the non-
                        Federal share expended by the recipient in 
                        making the original purchase; and
                        ``(bb) any amounts remaining after application 
                    of item (aa) shall be returned to the Federal 
                    Transit Administration.
                ``(iii) Rolling stock and equipment retained.--Rolling 
            stock, equipment, or supplies described in clause (i) or 
            (ii) that is retained by a recipient under those clauses 
            may be used by the recipient for other public 
            transportation projects or programs with no obligation to 
            reimburse the Federal Transit Administration, and no 
            approval of the Secretary to retain that rolling stock, 
            equipment, or supplies is required.''.
SEC. 30014. NATIONAL TRANSIT DATABASE.
    Section 5335 of title 49, United States Code, is amended--
        (1) in subsection (a), in the first sentence, by inserting 
    ``geographic service area coverage,'' after ``operating,''; and
        (2) by striking subsection (c) and inserting the following:
    ``(c) Data Required to Be Reported.--Each recipient of a grant 
under this chapter shall report to the Secretary, for inclusion in the 
national transit database under this section--
        ``(1) any information relating to a transit asset inventory or 
    condition assessment conducted by the recipient;
        ``(2) any data on assaults on transit workers of the 
    recipients; and
        ``(3) any data on fatalities that result from an impact with a 
    bus.''.
SEC. 30015. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
    (a) Small Urbanized Areas.--Section 5336(h)(3) of title 49, United 
States Code, is amended by striking ``paragraphs (1) and (2)'' and all 
that follows through ``2 percent'' in subparagraph (B) and inserting 
``paragraphs (1) and (2), 3 percent''.
    (b) Funding for State Safety Oversight Program Grants.--
        (1) In general.--Section 5336(h)(4) of title 49, United States 
    Code, is amended by striking ``0.5 percent'' and inserting ``0.75 
    percent''.
        (2) Applicability.--The amendment made by paragraph (1) shall 
    apply with respect to fiscal year 2022 and each fiscal year 
    thereafter.
SEC. 30016. STATE OF GOOD REPAIR GRANTS.
    Section 5337 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Competitive Grants for Rail Vehicle Replacement.--
        ``(1) In general.--The Secretary may make grants under this 
    subsection to assist State and local governmental authorities in 
    financing capital projects for the replacement of rail rolling 
    stock.
        ``(2) Grant requirements.--Except as otherwise provided in this 
    subsection, a grant under this subsection shall be subject to the 
    same terms and conditions as a grant under subsection (b).
        ``(3) Competitive process.--The Secretary shall solicit grant 
    applications and make not more than 3 new awards to eligible 
    projects under this subsection on a competitive basis each fiscal 
    year.
        ``(4) Consideration.--In awarding grants under this subsection, 
    the Secretary shall consider--
            ``(A) the size of the rail system of the applicant;
            ``(B) the amount of funds available to the applicant under 
        this subsection;
            ``(C) the age and condition of the rail rolling stock of 
        the applicant that has exceeded or will exceed the useful 
        service life of the rail rolling stock in the 5-year period 
        following the grant; and
            ``(D) whether the applicant has identified replacement of 
        the rail vehicles as a priority in the investment 
        prioritization portion of the transit asset management plan of 
        the recipient pursuant to part 625 of title 49, Code of Federal 
        Regulations (or successor regulations).
        ``(5) Maximum share of competitive grant assistance.--The 
    amount of grant assistance provided by the Secretary under this 
    subsection, as a share of eligible project costs, shall be not more 
    than 50 percent.
        ``(6) Government share of cost.--The Government share of the 
    cost of an eligible project carried out under this subsection shall 
    not exceed 80 percent.
        ``(7) Multi-year grant agreements.--
            ``(A) In general.--An eligible project for which a grant is 
        provided under this subsection may be carried out through a 
        multi-year grant agreement in accordance with this paragraph.
            ``(B) Requirements.--A multi-year grant agreement under 
        this paragraph shall--
                ``(i) establish the terms of participation by the 
            Federal Government in the project; and
                ``(ii) establish the maximum amount of Federal 
            financial assistance for the project that may be provided 
            through grant payments to be provided in not more than 3 
            consecutive fiscal years.
            ``(C) Financial rules.--A multi-year grant agreement under 
        this paragraph--
                ``(i) shall obligate an amount of available budget 
            authority specified in law; and
                ``(ii) may include a commitment, contingent on amounts 
            to be specified in law in advance for commitments under 
            this paragraph, to obligate an additional amount from 
            future available budget authority specified in law.
            ``(D) Statement of contingent commitment.--A multi-year 
        agreement under this paragraph shall state that the contingent 
        commitment is not an obligation of the Federal Government.''.
SEC. 30017. AUTHORIZATIONS.
    Section 5338 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5338. Authorizations
    ``(a) Grants.--
        ``(1) In general.--There shall be available from the Mass 
    Transit Account of the Highway Trust Fund to carry out sections 
    5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and 
    5340, section 20005(b) of the Federal Public Transportation Act of 
    2012 (49 U.S.C. 5303 note; Public Law 112-141), and section 3006(b) 
    of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 
    note; Public Law 114-94)--
            ``(A) $13,355,000,000 for fiscal year 2022;
            ``(B) $13,634,000,000 for fiscal year 2023;
            ``(C) $13,990,000,000 for fiscal year 2024;
            ``(D) $14,279,000,000 for fiscal year 2025; and
            ``(E) $14,642,000,000 for fiscal year 2026.
        ``(2) Allocation of funds.--Of the amounts made available under 
    paragraph (1)--
            ``(A) $184,647,343 for fiscal year 2022, $188,504,820 for 
        fiscal year 2023, $193,426,906 for fiscal year 2024, 
        $197,422,644 for fiscal year 2025, and $202,441,512 for fiscal 
        year 2026 shall be available to carry out section 5305;
            ``(B) $13,157,184 for fiscal year 2022, $13,432,051 for 
        fiscal year 2023, $13,782,778 for fiscal year 2024, $14,067,497 
        for fiscal year 2025, and $14,425,121 for fiscal year 2026 
        shall be available to carry out section 20005(b) of the Federal 
        Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public 
        Law 112-141);
            ``(C) $6,408,288,249 for fiscal year 2022, $6,542,164,133 
        for fiscal year 2023, $6,712,987,840 for fiscal year 2024, 
        $6,851,662,142 for fiscal year 2025, and $7,025,844,743 for 
        fiscal year 2026 shall be allocated in accordance with section 
        5336 to provide financial assistance for urbanized areas under 
        section 5307;
            ``(D) $371,247,094 for fiscal year 2022, $379,002,836 for 
        fiscal year 2023, $388,899,052 for fiscal year 2024, 
        $396,932,778 for fiscal year 2025, and $407,023,583 for fiscal 
        year 2026 shall be available to provide financial assistance 
        for services for the enhanced mobility of seniors and 
        individuals with disabilities under section 5310;
            ``(E) $4,605,014 for fiscal year 2022, $4,701,218 for 
        fiscal year 2023, $4,823,972 for fiscal year 2024, $4,923,624 
        for fiscal year 2025, and $5,048,792 for fiscal year 2026 shall 
        be available for the pilot program for innovative coordinated 
        access and mobility under section 3006(b) of the Federal Public 
        Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 
        114-94);
            ``(F) $875,289,555 for fiscal year 2022, $893,575,275 for 
        fiscal year 2023, $916,907,591 for fiscal year 2024, 
        $935,848,712 for fiscal year 2025, and $959,639,810 for fiscal 
        year 2026 shall be available to provide financial assistance 
        for rural areas under section 5311;
            ``(G) $36,840,115 for fiscal year 2022, $37,609,743 for 
        fiscal year 2023, $38,591,779 for fiscal year 2024, $39,388,993 
        for fiscal year 2025, and $40,390,337 for fiscal year 2026 
        shall be available to carry out section 5312, of which--
                ``(i) $5,000,000 for fiscal year 2022, $5,104,455 for 
            fiscal year 2023, $5,237,739 for fiscal year 2024, 
            $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal 
            year 2026 shall be available to carry out section 5312(h); 
            and
                ``(ii) $6,578,592 for fiscal year 2022, $6,716,026 for 
            fiscal year 2023, $6,891,389 for fiscal year 2024, 
            $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal 
            year 2026 shall be available to carry out section 5312(i);
            ``(H) $11,841,465 for fiscal year 2022, $12,088,846 for 
        fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748 
        for fiscal year 2025, and $12,982,608 for fiscal year 2026 
        shall be available to carry out section 5314, of which 
        $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 
        2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal 
        year 2025, and $7,212,560 for fiscal year 2026 shall be 
        available for the national transit institute under section 
        5314(c);
            ``(I) $5,000,000 for fiscal year 2022, $5,104,455 for 
        fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938 
        for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall 
        be available for bus testing under section 5318;
            ``(J) $131,000,000 for fiscal year 2022, $134,930,000 for 
        fiscal year 2023, $138,977,900 for fiscal year 2024, 
        $143,147,237 for fiscal year 2025, and $147,441,654 for fiscal 
        year 2026 shall be available to carry out section 5334;
            ``(K) $5,262,874 for fiscal year 2022, $5,372,820 for 
        fiscal year 2023, $5,513,111 for fiscal year 2024, $5,626,999 
        for fiscal year 2025, and $5,770,048 for fiscal year 2026 shall 
        be available to carry out section 5335;
            ``(L) $3,515,528,226 for fiscal year 2022, $3,587,778,037 
        for fiscal year 2023, $3,680,934,484 for fiscal year 2024, 
        $3,755,675,417 for fiscal year 2025, and $3,850,496,668 for 
        fiscal year 2026 shall be available to carry out section 5337, 
        of which $300,000,000 for each of fiscal years 2022 through 
        2026 shall be available to carry out section 5337(f);
            ``(M) $603,992,657 for fiscal year 2022, $616,610,699 for 
        fiscal year 2023, $632,711,140 for fiscal year 2024, 
        $645,781,441 for fiscal year 2025, and $662,198,464 for fiscal 
        year 2026 shall be available for the bus and buses facilities 
        program under section 5339(a);
            ``(N) $447,257,433 for fiscal year 2022, $456,601,111 for 
        fiscal year 2023, $468,523,511 for fiscal year 2024, 
        $478,202,088 for fiscal year 2025, and $490,358,916 for fiscal 
        year 2026 shall be available for buses and bus facilities 
        competitive grants under section 5339(b) and no or low emission 
        grants under section 5339(c), of which $71,561,189 for fiscal 
        year 2022, $73,056,178 for fiscal year 2023, $74,963,762 for 
        fiscal year 2024, $76,512,334 for fiscal year 2025, and 
        $78,457,427 for fiscal year 2026 shall be available to carry 
        out section 5339(c); and
            ``(O) $741,042,792 for fiscal year 2022, $756,523,956 for 
        fiscal year 2023, $776,277,698 for fiscal year 2024, 
        $792,313,742 for fiscal year 2025, and $812,455,901 for fiscal 
        year 2026, to carry out section 5340 to provide financial 
        assistance for urbanized areas under section 5307 and rural 
        areas under section 5311, of which--
                ``(i) $392,752,680 for fiscal year 2022, $400,957,696 
            for fiscal year 2023, $411,427,180 for fiscal year 2024, 
            $419,926,283 for fiscal year 2025, and $430,601,628 for 
            fiscal year 2026 shall be for growing States under section 
            5340(c); and
                ``(ii) $348,290,112 for fiscal year 2022, $355,566,259 
            for fiscal year 2023, $364,850,518 for fiscal year 2024, 
            $372,387,459 for fiscal year 2025, and $381,854,274 for 
            fiscal year 2026 shall be for high density States under 
            section 5340(d).
    ``(b) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309 of this title and section 
3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 
5309 note; Public Law 114-94), $3,000,000,000 for each of fiscal years 
2022 through 2026.
    ``(c) Oversight.--
        ``(1) In general.--Of the amounts made available to carry out 
    this chapter for a fiscal year, the Secretary may use not more than 
    the following amounts for the activities described in paragraph 
    (2):
            ``(A) 0.5 percent of amounts made available to carry out 
        section 5305.
            ``(B) 0.75 percent of amounts made available to carry out 
        section 5307.
            ``(C) 1 percent of amounts made available to carry out 
        section 5309.
            ``(D) 1 percent of amounts made available to carry out 
        section 601 of the Passenger Rail Investment and Improvement 
        Act of 2008 (Public Law 110-432; 126 Stat. 4968).
            ``(E) 0.5 percent of amounts made available to carry out 
        section 5310.
            ``(F) 0.5 percent of amounts made available to carry out 
        section 5311.
            ``(G) 1 percent of amounts made available to carry out 
        section 5337, of which not less than 0.25 percent of amounts 
        made available for this subparagraph shall be available to 
        carry out section 5329.
            ``(H) 0.75 percent of amounts made available to carry out 
        section 5339.
        ``(2) Activities.--The activities described in this paragraph 
    are as follows:
            ``(A) Activities to oversee the construction of a major 
        capital project.
            ``(B) Activities to review and audit the safety and 
        security, procurement, management, and financial compliance of 
        a recipient or subrecipient of funds under this chapter.
            ``(C) Activities to provide technical assistance generally, 
        and to provide technical assistance to correct deficiencies 
        identified in compliance reviews and audits carried out under 
        this section.
            ``(D) Activities to carry out section 5334.
        ``(3) Government share of costs.--The Government shall pay the 
    entire cost of carrying out a contract under this subsection.
        ``(4) Availability of certain funds.--Funds made available 
    under paragraph (1)(C) shall be made available to the Secretary 
    before allocating the funds appropriated to carry out any project 
    under a full funding grant agreement.
    ``(d) Grants as Contractual Obligations.--
        ``(1) Grants financed from highway trust fund.--A grant or 
    contract that is approved by the Secretary and financed with 
    amounts made available from the Mass Transit Account of the Highway 
    Trust Fund pursuant to this section is a contractual obligation of 
    the Government to pay the Government share of the cost of the 
    project.
        ``(2) Grants financed from general fund.--A grant or contract 
    that is approved by the Secretary and financed with amounts 
    appropriated in advance from the General Fund of the Treasury 
    pursuant to this section is a contractual obligation of the 
    Government to pay the Government share of the cost of the project 
    only to the extent that amounts are appropriated for such purpose 
    by an Act of Congress.
    ``(e) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until 
expended.''.
SEC. 30018. GRANTS FOR BUSES AND BUS FACILITIES.
    Section 5339 of title 49, United States Code, is amended--
        (1) in subsection (a)--
            (A) in paragraph (5)(A)--
                (i) by striking ``$90,500,000 for each of fiscal years 
            2016 through 2020'' and inserting ``$206,000,000 each 
            fiscal year'';
                (ii) by striking ``$1,750,000'' and inserting 
            ``$4,000,000''; and
                (iii) by striking ``$500,000'' and inserting 
            ``$1,000,000''; and
            (B) by adding at the end the following:
        ``(10) Maximizing use of funds.--
            ``(A) In general.--Eligible recipients and subrecipients 
        under this subsection should, to the extent practicable, seek 
        to utilize the procurement tools authorized under section 3019 
        of the FAST Act (49 U.S.C. 5325 note; Public Law 114-94).
            ``(B) Written explanation.--If an eligible recipient or 
        subrecipient under this subsection purchases less than 5 buses 
        through a standalone procurement, the eligible recipient or 
        subrecipient shall provide to the Secretary a written 
        explanation regarding why the tools authorized under section 
        3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114-94) 
        were not utilized.'';
        (2) in subsection (b)--
            (A) by striking paragraph (5) and inserting the following:
        ``(5) Rural projects.--
            ``(A) In general.--Subject to subparagraph (B), not less 
        than 15 percent of the amounts made available under this 
        subsection in a fiscal year shall be distributed to projects in 
        rural areas.
            ``(B) Unutilized amounts.--The Secretary may use less than 
        15 percent of the amounts made available under this subsection 
        in a fiscal year for the projects described in subparagraph (A) 
        if the Secretary cannot meet the requirement of that 
        subparagraph due to insufficient eligible applications.''; and
            (B) by adding at the end the following:
        ``(9) Competitive process.--The Secretary shall--
            ``(A) not later than 30 days after the date on which 
        amounts are made available for obligation under this subsection 
        for a full fiscal year, solicit grant applications for eligible 
        projects on a competitive basis; and
            ``(B) award a grant under this subsection based on the 
        solicitation under subparagraph (A) not later than the earlier 
        of--
                ``(i) 75 days after the date on which the solicitation 
            expires; or
                ``(ii) the end of the fiscal year in which the 
            Secretary solicited the grant applications.
        ``(10) Continued use of partnerships.--
            ``(A) In general.--An eligible recipient of a grant under 
        this subsection may submit an application in partnership with 
        other entities, including a transit vehicle manufacturer that 
        intends to participate in the implementation of a project under 
        this subsection and subsection (c).
            ``(B) Competitive procurement.--Projects awarded with 
        partnerships under this subsection shall be considered to 
        satisfy the requirement for a competitive procurement under 
        section 5325.
        ``(11) Maximizing use of funds.--
            ``(A) In general.--Eligible recipients under this 
        subsection should, to the extent practicable, seek to utilize 
        the procurement tools authorized under section 3019 of the FAST 
        Act (49 U.S.C. 5325 note; Public Law 114-94).
            ``(B) Written explanation.--If an eligible recipient under 
        this subsection purchases less than 5 buses through a 
        standalone procurement, the eligible recipient shall provide to 
        the Secretary a written explanation regarding why the tools 
        authorized under section 3019 of the FAST Act (49 U.S.C. 5325 
        note; Public Law 114-94) were not utilized.'';
        (3) in subsection (c)--
            (A) in paragraph (3)--
                (i) by amending subparagraph (A) to read as follows:
            ``(A) In general.--A grant under this subsection shall be 
        subject to--
                ``(i) with respect to eligible recipients in urbanized 
            areas, section 5307; and
                ``(ii) with respect to eligible recipients in rural 
            areas, section 5311.''; and
                (ii) by adding at the end the following:
            ``(D) Fleet transition plan.--In awarding grants under this 
        subsection or under subsection (b) for projects related to zero 
        emission vehicles, the Secretary shall require the applicant to 
        submit a zero emission transition plan, which, at a minimum--
                ``(i) demonstrates a long-term fleet management plan 
            with a strategy for how the applicant intends to use the 
            current application and future acquisitions;
                ``(ii) addresses the availability of current and future 
            resources to meet costs;
                ``(iii) considers policy and legislation impacting 
            technologies;
                ``(iv) includes an evaluation of existing and future 
            facilities and their relationship to the technology 
            transition;
                ``(v) describes the partnership of the applicant with 
            the utility or alternative fuel provider of the applicant; 
            and
                ``(vi) examines the impact of the transition on the 
            applicant's current workforce by identifying skill gaps, 
            training needs, and retraining needs of the existing 
            workers of the applicant to operate and maintain zero 
            emission vehicles and related infrastructure and avoids the 
            displacement of the existing workforce.'';
            (B) by striking paragraph (5) and inserting the following:
        ``(5) Consideration.--In awarding grants under this subsection, 
    the Secretary--
            ``(A) shall consider eligible projects relating to the 
        acquisition or leasing of low or no emission buses or bus 
        facilities that make greater reductions in energy consumption 
        and harmful emissions, including direct carbon emissions, than 
        comparable standard buses or other low or no emission buses; 
        and
            ``(B) shall, for no less than 25 percent of the funds made 
        available to carry out this subsection, only consider eligible 
        projects related to the acquisition of low or no emission buses 
        or bus facilities other than zero emission vehicles and related 
        facilities.''; and
            (C) by adding at the end the following:
        ``(8) Continued use of partnerships.--
            ``(A) In general.--A recipient of a grant under this 
        subsection may submit an application in partnership with other 
        entities, including a transit vehicle manufacturer, that 
        intends to participate in the implementation of an eligible 
        project under this subsection.
            ``(B) Competitive procurement.--Eligible projects awarded 
        with partnerships under this subsection shall be considered to 
        satisfy the requirement for a competitive procurement under 
        section 5325.''; and
        (4) by adding at the end the following:
    ``(d) Workforce Development Training Activities.--5 percent of 
grants related to zero emissions vehicles (as defined in subsection 
(c)(1)) or related infrastructure under subsection (b) or (c) shall be 
used by recipients to fund workforce development training, as described 
in section 5314(b)(2) (including registered apprenticeships and other 
labor-management training programs) under the recipient's plan to 
address the impact of the transition to zero emission vehicles on the 
applicant's current workforce under subsection (c)(3)(D), unless the 
recipient certifies a smaller percentage is necessary to carry out that 
plan.''.
SEC. 30019. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY SAFETY, 
ACCOUNTABILITY, AND INVESTMENT.
    (a) Definitions.--In this section:
        (1) Board.--The term ``Board'' means the Board of Directors of 
    the Transit Authority.
        (2) Compact.--The term ``Compact'' means the Washington 
    Metropolitan Area Transit Authority Compact consented to by 
    Congress under Public Law 89-774 (80 Stat. 1324).
        (3) Covered recipient.--The term ``covered recipient'' means--
            (A)(i) the Committee on Banking, Housing, and Urban Affairs 
        of the Senate;
            (ii) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (iii) the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
            (iv) the Committee on Oversight and Reform of the House of 
        Representatives;
            (B)(i) the Governor of Maryland;
            (ii) the President of the Maryland Senate; and
            (iii) the Speaker of the Maryland House of Delegates;
            (C)(i) the Governor of Virginia;
            (ii) the President of the Virginia Senate; and
            (iii) the Speaker of the Virginia House of Delegates;
            (D)(i) the Mayor of the District of Columbia; and
            (ii) the Chairman of the Council of the District of 
        Columbia; and
            (E) the Chairman of the Northern Virginia Transportation 
        Commission.
        (4) Inspector general; office of the inspector general.--The 
    terms ``Inspector General'' and ``Office of Inspector General'' 
    mean the Inspector General and the Office of Inspector General, 
    respectively, of the Transit Authority.
        (5) Transit authority.--The term ``Transit Authority'' means 
    the Washington Metropolitan Area Transit Authority established 
    under Article III of the Compact.
    (b) Reauthorization of Capital and Preventive Maintenance Grants to 
Washington Metropolitan Area Transit Authority.--Section 601(f) of the 
Passenger Rail Investment and Improvement Act of 2008 (division B of 
Public Law 110-432; 122 Stat. 4970) is amended by striking ``an 
aggregate amount'' and all that follows through the period at the end 
and inserting ``$150,000,000 for each of fiscal years 2022 through 
2030.''.
    (c) Funds for Washington Metropolitan Area Transit Authority's 
Inspector General.--Title VI of the Passenger Rail Investment and 
Improvement Act of 2008 (division B of Public Law 110-432; 122 Stat. 
4968) is amended by adding at the end the following:
    ``SEC. 602. FUNDING FOR INSPECTOR GENERAL.
    ``(a) Definitions.--In this section:
        ``(1) Compact.--The term `Compact' means the Washington 
    Metropolitan Area Transit Authority Compact consented to by 
    Congress under Public Law 89-774 (80 Stat. 1324).
        ``(2) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.
        ``(3) Transit authority.--The term `Transit Authority' has the 
    meaning given the term in section 601(a)(2).
    ``(b) Funding for Office of Inspector General of the Washington 
Metropolitan Area Transit Authority.--Subject to subsection (c), of the 
amounts authorized to be appropriated for a fiscal year under section 
601(f), the Secretary shall use $5,000,000 for grants to the Transit 
Authority for use exclusively by the Office of Inspector General of the 
Transit Authority for the operations of the Office in accordance with 
Section 9 of Article III of the Compact, to remain available until 
expended.
    ``(c) Matching Inspector General Funds Required From Transit 
Authority.--The Secretary may not provide any amounts to the Transit 
Authority for a fiscal year under subsection (b) until the Transit 
Authority notifies the Secretary that the Transit Authority has made 
available $5,000,000 in non-Federal funds for that fiscal year for use 
exclusively by the Office of Inspector General of the Transit Authority 
for the operations of the Office in accordance with Section 9 of 
Article III of the Compact.''.
    (d) Reforms to Office of Inspector General.--
        (1) Sense of congress.--Congress recognizes the importance of 
    the Transit Authority having a strong and independent Office of 
    Inspector General, as codified in subsections (a) and (d) of 
    Section 9 of Article III of the Compact.
        (2) Reforms.--The Secretary of Transportation may not provide 
    any amounts to the Transit Authority under section 601(f) of the 
    Passenger Rail Investment and Improvement Act of 2008 (division B 
    of Public Law 110-432; 122 Stat. 4968) (as amended by subsection 
    (b)), until the Secretary of Transportation certifies that the 
    Board has passed a resolution that--
            (A) provides that, for each fiscal year, the Office of 
        Inspector General shall transmit a budget estimate and request 
        to the Board specifying the aggregate amount of funds requested 
        for the fiscal year for the operations of the Office of 
        Inspector General;
            (B) delegates to the Inspector General, to the extent 
        possible under the Compact and in accordance with each 
        applicable Federal law or regulation, contracting officer 
        authority, subject to the requirement that the Inspector 
        General exercise that authority--
                (i) in accordance with Section 73 of Article XVI of the 
            Compact, after working with the Transit Authority to amend 
            procurement policies and procedures to give the Inspector 
            General approving authority for exceptions to those 
            policies and procedures; and
                (ii) only as is necessary to carry out the duties of 
            the Office of Inspector General;
            (C) delegates to the Inspector General, to the extent 
        possible under the Compact and in accordance with each 
        applicable Federal law or regulation--
                (i) the authority to select, appoint, and employ such 
            officers and employees as may be necessary for carrying out 
            the duties of the Office of Inspector General, subject to 
            the requirement that the Inspector General exercise that 
            authority in accordance with--

                    (I) subsections (g) and (h) of Section 12 of 
                Article V of the Compact; and
                    (II) personnel policies and procedures of the 
                Transit Authority; and

                (ii) approving authority, subject to the approval of 
            the Board, for exceptions to policies that impact the 
            independence of the Office of Inspector General, but those 
            exceptions may not include the use of employee benefits and 
            pension plans other than the employee benefits and pension 
            plans of the Transit Authority;
            (D)(i) ensures that the Inspector General obtains legal 
        advice from a counsel reporting directly to the Inspector 
        General; and
            (ii) prohibits the counsel described in clause (i) from--
                (I) providing legal advice for or on behalf of the 
            Transit Authority;
                (II) issuing a legal opinion on behalf of the Transit 
            Authority or making a statement about a legal position of 
            the Transit Authority; or
                (III) waiving any privilege or protection from 
            disclosure on any matter under the jurisdiction of the 
            Transit Authority; and
            (E) requires the Inspector General to--
                (i) post any report containing a recommendation for 
            corrective action to the website of the Office of Inspector 
            General not later than 3 days after the report is submitted 
            in final form to the Board, except that--

                    (I) the Inspector General shall, if required by law 
                or otherwise appropriate, redact--

                        (aa) personally identifiable information;
                        (bb) legally privileged information;
                        (cc) information legally prohibited from 
                    disclosure; and
                        (dd) information that, in the determination of 
                    the Inspector General, would pose a security risk 
                    to the systems of the Transit Authority; and

                    (II) with respect to any investigative findings in 
                a case involving administrative misconduct, whether 
                included in a recommendation or otherwise, the 
                Inspector General shall publish only a summary of the 
                findings, which summary shall be redacted in accordance 
                with the procedures set forth in subclause (I);

                (ii) submit a semiannual report containing 
            recommendations of corrective action to the Board, which 
            the Board shall transmit not later than 30 days after 
            receipt of the report, together with any comments the Board 
            determines appropriate, to--

                    (I) each covered recipient described in subsection 
                (a)(3)(A); and
                    (II) any other recipients that the Board determines 
                appropriate; and

                (iii) not later than 2 years after the date of 
            enactment of this Act and 5 years after the date of 
            enactment of this Act, submit to each covered recipient a 
            report that--

                    (I) describes the implementation by the Transit 
                Authority of the reforms required under, and the use by 
                the Transit Authority of the funding authorized under--

                        (aa) chapter 34 of title 33.2 of the Code of 
                    Virginia;
                        (bb) section 10-205 of the Transportation 
                    Article of the Code of Maryland; and
                        (cc) section 6002 of the Dedicated WMATA 
                    Funding and Tax Changes Affecting Real Property and 
                    Sales Amendment Act of 2018 (1-325.401, D.C. 
                    Official Code); and

                    (II) contains--

                        (aa) an assessment of the effective use of the 
                    funding described in subclause (I) to address major 
                    capital improvement projects;
                        (bb) a discussion of compliance with strategic 
                    plan deadlines;
                        (cc) an examination of compliance with the 
                    reform requirements under the laws described in 
                    subclause (I), including identifying any challenges 
                    to compliance or implementation; and
                        (dd) recommendations to the Transit Authority 
                    to improve implementation.
    (e) Capital Program and Planning.--
        (1) Capital planning procedures.--The Transit Authority may not 
    expend any amounts received under section 602(b) of the Passenger 
    Rail Investment and Improvement Act of 2008 (division B of Public 
    Law 110-432; 122 Stat. 4968), (as added by subsection (c)), until 
    the General Manager of the Transit Authority certifies to the 
    Secretary of Transportation that the Transit Authority has 
    implemented--
            (A) documented policies and procedures for the capital 
        planning process that include--
                (i) a process that aligns projects to the strategic 
            goals of the Transit Authority; and
                (ii) a process to develop total project costs and 
            alternatives for all major capital projects (as defined in 
            section 633.5 of title 49, Code of Federal Regulations (or 
            successor regulations));
            (B) a transit asset management planning process that 
        includes --
                (i) asset inventory and condition assessment 
            procedures; and
                (ii) procedures to develop a data set of track, 
            guideway, and infrastructure systems, including tunnels, 
            bridges, and communications assets, that complies with the 
            transit asset management regulations of the Secretary of 
            Transportation under part 625 of title 49, Code of Federal 
            Regulations (or successor regulations); and
            (C) performance measures, aligned with the strategic goals 
        of the Transit Authority, to assess the effectiveness and 
        outcomes of major capital projects.
        (2) Annual report.--As a condition of receiving amounts under 
    section 602(b) of the Passenger Rail Investment and Improvement Act 
    of 2008 (division B of Public Law 110-432; 122 Stat. 4968) (as 
    added by subsection (c)), the Transit Authority shall submit an 
    annual report detailing the Capital Improvement Program of the 
    Transit Agency approved by the Board and compliance with the 
    transit asset management regulations of the Secretary of 
    Transportation under part 625 of title 49, Code of Federal 
    Regulations (or successor regulations), to--
            (A) each covered recipient; and
            (B) any other recipient that the Board determines 
        appropriate.
    (f) Sense of Congress.--It is the sense of Congress that the 
Transit Authority should--
        (1) continue to prioritize the implementation of new 
    technological systems that include robust cybersecurity 
    protections; and
        (2) prioritize continued integration of new wireless services 
    and emergency communications networks, while also leveraging 
    partnerships with mobility services to improve the competitiveness 
    of the core business.
    (g) Additional Reporting.--
        (1) In general.--Not later than 3 years after the date of 
    enactment of this Act, the Comptroller General of the United States 
    shall submit to the congressional committees described in paragraph 
    (2) a report that--
            (A) assesses whether the reforms required under subsection 
        (d) (relating to strengthening the independence of the Office 
        of Inspector General) have been implemented; and
            (B) assesses--
                (i) whether the reforms required under subsection (g) 
            have been implemented; and
                (ii) the impact of those reforms on the capital 
            planning process of the Transit Authority.
        (2) Congressional committees.--The congressional committees 
    described in this paragraph are--
            (A) the Committee on Banking, Housing, and Urban Affairs of 
        the Senate;
            (B) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (C) the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
            (D) the Committee on Oversight and Reform of the House of 
        Representatives.

                           DIVISION D--ENERGY

SEC. 40001. DEFINITIONS.
    In this division:
        (1) Department.--The term ``Department'' means the Department 
    of Energy.
        (2) Indian tribe.--The term ``Indian Tribe'' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304).
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    Energy.

              TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
       Subtitle A--Grid Infrastructure Resilience and Reliability

SEC. 40101. PREVENTING OUTAGES AND ENHANCING THE RESILIENCE OF THE 
ELECTRIC GRID.
    (a) Definitions.--In this section:
        (1) Disruptive event.--The term ``disruptive event'' means an 
    event in which operations of the electric grid are disrupted, 
    preventively shut off, or cannot operate safely due to extreme 
    weather, wildfire, or a natural disaster.
        (2) Eligible entity.--The term ``eligible entity'' means--
            (A) an electric grid operator;
            (B) an electricity storage operator;
            (C) an electricity generator;
            (D) a transmission owner or operator;
            (E) a distribution provider;
            (F) a fuel supplier; and
            (G) any other relevant entity, as determined by the 
        Secretary.
        (3) Natural disaster.--The term ``natural disaster'' has the 
    meaning given the term in section 602(a) of the Robert T. Stafford 
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)).
        (4) Power line.--The term ``power line'' includes a 
    transmission line or a distribution line, as applicable.
        (5) Program.--The term ``program'' means the program 
    established under subsection (b).
    (b) Establishment of Program.--Not later than 180 days after the 
date of enactment of this Act, the Secretary shall establish a program 
under which the Secretary shall make grants to eligible entities, 
States, and Indian Tribes in accordance with this section.
    (c) Grants to Eligible Entities.--
        (1) In general.--The Secretary may make a grant under the 
    program to an eligible entity to carry out activities that--
            (A) are supplemental to existing hardening efforts of the 
        eligible entity planned for any given year; and
            (B)(i) reduce the risk of any power lines owned or operated 
        by the eligible entity causing a wildfire; or
            (ii) increase the ability of the eligible entity to reduce 
        the likelihood and consequences of disruptive events.
        (2) Application.--
            (A) In general.--An eligible entity desiring a grant under 
        the program shall submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
            (B) Requirement.--As a condition of receiving a grant under 
        the program, an eligible entity shall submit to the Secretary, 
        as part of the application of the eligible entity submitted 
        under subparagraph (A), a report detailing past, current, and 
        future efforts by the eligible entity to reduce the likelihood 
        and consequences of disruptive events.
        (3) Limitation.--The Secretary may not award a grant to an 
    eligible entity in an amount that is greater than the total amount 
    that the eligible entity has spent in the previous 3 years on 
    efforts to reduce the likelihood and consequences of disruptive 
    events.
        (4) Priority.--In making grants to eligible entities under the 
    program, the Secretary shall give priority to projects that, in the 
    determination of the Secretary, will generate the greatest 
    community benefit (whether rural or urban) in reducing the 
    likelihood and consequences of disruptive events.
        (5) Small utilities set aside.--The Secretary shall ensure that 
    not less than 30 percent of the amounts made available to eligible 
    entities under the program are made available to eligible entities 
    that sell not more than 4,000,000 megawatt hours of electricity per 
    year.
    (d) Grants to States and Indian Tribes.--
        (1) In general.--The Secretary, in accordance with this 
    subsection, may make grants under the program to States and Indian 
    Tribes, which each State or Indian Tribe may use to award grants to 
    eligible entities.
        (2) Annual application.--
            (A) In general.--For each fiscal year, to be eligible to 
        receive a grant under this subsection, a State or Indian Tribe 
        shall submit to the Secretary an application that includes a 
        plan described in subparagraph (B).
            (B) Plan required.--A plan prepared by a State or Indian 
        Tribe for purposes of an application described in subparagraph 
        (A) shall--
                (i) describe the criteria and methods that will be used 
            by the State or Indian Tribe to award grants to eligible 
            entities;
                (ii) be adopted after notice and a public hearing; and
                (iii) describe the proposed funding distributions and 
            recipients of the grants to be provided by the State or 
            Indian Tribe.
        (3) Distribution of funds.--
            (A) In general.--The Secretary shall provide grants to 
        States and Indian Tribes under this subsection based on a 
        formula determined by the Secretary, in accordance with 
        subparagraph (B).
            (B) Requirement.--The formula referred to in subparagraph 
        (A) shall be based on the following factors:
                (i) The total population of the State or Indian Tribe.
                (ii)(I) The total area of the State or the land of the 
            Indian Tribe; or
                (II) the areas in the State or on the land of the 
            Indian Tribe with a low ratio of electricity customers per 
            mileage of power lines.
                (iii) The probability of disruptive events in the State 
            or on the land of the Indian Tribe during the previous 10 
            years, as determined based on the number of federally 
            declared disasters or emergencies in the State or on the 
            land of the Indian Tribe, as applicable, including--

                    (I) disasters for which Fire Management Assistance 
                Grants are provided under section 420 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5187);
                    (II) major disasters declared by the President 
                under section 401 of that Act (42 U.S.C. 5170);
                    (III) emergencies declared by the President under 
                section 501 of that Act (42 U.S.C. 5191); and
                    (IV) any other federally declared disaster or 
                emergency in the State or on the land of the Indian 
                Tribe.

                (iv) The number and severity, measured by population 
            and economic impacts, of disruptive events experienced by 
            the State or Indian Tribe on or after January 1, 2011.
                (v) The total amount, on a per capita basis, of public 
            and private expenditures during the previous 10 years to 
            carry out mitigation efforts to reduce the likelihood and 
            consequences of disruptive events in the State or on the 
            land of the Indian Tribe, with States or Indian Tribes with 
            higher per capita expenditures receiving additional weight 
            or consideration as compared to States or Indian Tribes 
            with lower per capita expenditures.
            (C) Annual update of data used in distribution of funds.--
        Beginning 1 year after the date of enactment of this Act, the 
        Secretary shall annually update--
                (i) all data relating to the factors described in 
            subparagraph (B); and
                (ii) all other data used in distributing grants to 
            States and Indian Tribes under this subsection.
        (4) Oversight.--The Secretary shall ensure that each grant 
    provided to a State or Indian Tribe under the program is allocated, 
    pursuant to the applicable plan of the State or Indian Tribe, to 
    eligible entities for projects within the State or on the land of 
    the Indian Tribe.
        (5) Priority.--In making grants to eligible entities using 
    funds made available to the applicable State or Indian Tribe under 
    the program, the State or Indian Tribe shall give priority to 
    projects that, in the determination of the State or Indian Tribe, 
    will generate the greatest community benefit (whether rural or 
    urban) in reducing the likelihood and consequences of disruptive 
    events.
        (6) Small utilities set aside.--A State or Indian Tribe 
    receiving a grant under the program shall ensure that, of the 
    amounts made available to eligible entities from funds made 
    available to the State or Indian Tribe under the program, the 
    percentage made available to eligible entities that sell not more 
    than 4,000,000 megawatt hours of electricity per year is not less 
    than the percentage of all customers in the State or Indian Tribe 
    that are served by those eligible entities.
        (7) Technical assistance and administrative expenses.--Of the 
    amounts made available to a State or Indian Tribe under the program 
    each fiscal year, the State or Indian Tribe may use not more than 5 
    percent for--
            (A) providing technical assistance under subsection 
        (g)(1)(A); and
            (B) administrative expenses associated with the program.
        (8) Matching requirement.--Each State and Indian Tribe shall be 
    required to match 15 percent of the amount of each grant provided 
    to the State or Indian Tribe under the program.
    (e) Use of Grants.--
        (1) In general.--A grant awarded to an eligible entity under 
    the program may be used for activities, technologies, equipment, 
    and hardening measures to reduce the likelihood and consequences of 
    disruptive events, including--
            (A) weatherization technologies and equipment;
            (B) fire-resistant technologies and fire prevention 
        systems;
            (C) monitoring and control technologies;
            (D) the undergrounding of electrical equipment;
            (E) utility pole management;
            (F) the relocation of power lines or the reconductoring of 
        power lines with low-sag, advanced conductors;
            (G) vegetation and fuel-load management;
            (H) the use or construction of distributed energy resources 
        for enhancing system adaptive capacity during disruptive 
        events, including--
                (i) microgrids; and
                (ii) battery-storage subcomponents;
            (I) adaptive protection technologies;
            (J) advanced modeling technologies;
            (K) hardening of power lines, facilities, substations, of 
        other systems; and
            (L) the replacement of old overhead conductors and 
        underground cables.
        (2) Prohibitions and limitations.--
            (A) In general.--A grant awarded to an eligible entity 
        under the program may not be used for--
                (i) construction of a new--

                    (I) electric generating facility; or
                    (II) large-scale battery-storage facility that is 
                not used for enhancing system adaptive capacity during 
                disruptive events; or

                (ii) cybersecurity.
            (B) Certain investments eligible for recovery.--
                (i) In general.--An eligible entity may not seek cost 
            recovery for the portion of the cost of any system, 
            technology, or equipment that is funded through a grant 
            awarded under the program.
                (ii) Savings provision.--Nothing in this subparagraph 
            prohibits an eligible entity from recovering through 
            traditional or incentive-based ratemaking any portion of an 
            investment in a system, technology, or equipment that is 
            not funded by a grant awarded under the program.
            (C) Application limitations.--An eligible entity may not 
        submit an application for a grant provided by the Secretary 
        under subsection (c) and a grant provided by a State or Indian 
        Tribe pursuant to subsection (d) during the same application 
        cycle.
    (f) Distribution of Funding.--Of the amounts made available to 
carry out the program for a fiscal year, the Secretary shall ensure 
that--
        (1) 50 percent is used to award grants to eligible entities 
    under subsection (c); and
        (2) 50 percent is used to make grants to States and Indian 
    Tribes under subsection (d).
    (g) Technical and Other Assistance.--
        (1) In general.--The Secretary, States, and Indian Tribes may--
            (A) provide technical assistance and facilitate the 
        distribution and sharing of information to reduce the 
        likelihood and consequences of disruptive events; and
            (B) promulgate consumer-facing information and resources to 
        inform the public of best practices and resources relating to 
        reducing the likelihood and consequences of disruptive events.
        (2) Use of funds by the secretary.--Of the amounts made 
    available to the Secretary to carry out the program each fiscal 
    year, the Secretary may use not more than 5 percent for--
            (A) providing technical assistance under paragraph (1)(A); 
        and
            (B) administrative expenses associated with the program.
    (h) Matching Requirement.--
        (1) In general.--Except as provided in paragraph (2), an 
    eligible entity that receives a grant under this section shall be 
    required to match 100 percent of the amount of the grant.
        (2) Exception for small utilities.--An eligible entity that 
    sells not more than 4,000,000 megawatt hours of electricity per 
    year shall be required to match \1/3\ of the amount of the grant.
    (i) Biennial Report to Congress.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, and every 2 years thereafter through 2026, 
    the Secretary shall submit to the Committee on Energy and Natural 
    Resources of the Senate and the Committee on Energy and Commerce of 
    the House of Representatives a report describing the program.
        (2) Requirements.--The report under paragraph (1) shall include 
    information and data on--
            (A) the costs of the projects for which grants are awarded 
        to eligible entities;
            (B) the types of activities, technologies, equipment, and 
        hardening measures funded by those grants; and
            (C) the extent to which the ability of the power grid to 
        withstand disruptive events has increased.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the program $5,000,000,000 
for the period of fiscal years 2022 through 2026.
SEC. 40102. HAZARD MITIGATION USING DISASTER ASSISTANCE.
    Section 404(f)(12) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended--
        (1) by inserting ``and wildfire'' after ``windstorm'';
        (2) by striking ``including replacing'' and inserting the 
    following: ``including--
            ``(A) replacing'';
        (3) in subparagraph (A) (as so designated)--
            (A) by inserting ``, wildfire,'' after ``extreme wind''; 
        and
            (B) by adding ``and'' after the semicolon at the end; and
        (4) by adding at the end the following:
            ``(B) the installation of fire-resistant wires and 
        infrastructure and the undergrounding of wires;''.
SEC. 40103. ELECTRIC GRID RELIABILITY AND RESILIENCE RESEARCH, 
DEVELOPMENT, AND DEMONSTRATION.
    (a) Definition of Federal Financial Assistance.--In this section, 
the term ``Federal financial assistance'' has the meaning given the 
term in section 200.1 of title 2, Code of Federal Regulations.
    (b) Energy Infrastructure Federal Financial Assistance Program.--
        (1) Definitions.--In this subsection:
            (A) Eligible entity.--The term ``eligible entity'' means 
        each of--
                (i) a State;
                (ii) a combination of 2 or more States;
                (iii) an Indian Tribe;
                (iv) a unit of local government; and
                (v) a public utility commission.
            (B) Program.--The term ``program'' means the competitive 
        Federal financial assistance program established under 
        paragraph (2).
        (2) Establishment.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary shall establish a program, to 
    be known as the ``Program Upgrading Our Electric Grid and Ensuring 
    Reliability and Resiliency'', to provide, on a competitive basis, 
    Federal financial assistance to eligible entities to carry out the 
    purpose described in paragraph (3).
        (3) Purpose.--The purpose of the program is to coordinate and 
    collaborate with electric sector owners and operators--
            (A) to demonstrate innovative approaches to transmission, 
        storage, and distribution infrastructure to harden and enhance 
        resilience and reliability; and
            (B) to demonstrate new approaches to enhance regional grid 
        resilience, implemented through States by public and rural 
        electric cooperative entities on a cost-shared basis.
        (4) Applications.--To be eligible to receive Federal financial 
    assistance under the program, an eligible entity shall submit to 
    the Secretary an application at such time, in such manner, and 
    containing such information as the Secretary may require, including 
    a description of--
            (A) how the Federal financial assistance would be used;
            (B) the expected beneficiaries, and
            (C) in the case of a proposal from an eligible entity 
        described in paragraph (1)(A)(ii), how the proposal would 
        improve regional energy infrastructure.
        (5) Selection.--The Secretary shall select eligible entities to 
    receive Federal financial assistance under the program on a 
    competitive basis.
        (6) Cost share.--Section 988 of the Energy Policy Act of 2005 
    (42 U.S.C. 16352) shall apply to Federal financial assistance 
    provided under the program.
        (7) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary to carry out this subsection, 
    $5,000,000,000 for the period of fiscal years 2022 through 2026.
    (c) Energy Improvement in Rural or Remote Areas.--
        (1) Definition of rural or remote area.--In this subsection, 
    the term ``rural or remote area'' means a city, town, or 
    unincorporated area that has a population of not more than 10,000 
    inhabitants.
        (2) Required activities.--The Secretary shall carry out 
    activities to improve in rural or remote areas of the United 
    States--
            (A) the resilience, safety, reliability, and availability 
        of energy; and
            (B) environmental protection from adverse impacts of energy 
        generation.
        (3) Federal financial assistance.--The Secretary, in 
    consultation with the Secretary of the Interior, may provide 
    Federal financial assistance to rural or remote areas for the 
    purpose of--
            (A) overall cost-effectiveness of energy generation, 
        transmission, or distribution systems;
            (B) siting or upgrading transmission and distribution 
        lines;
            (C) reducing greenhouse gas emissions from energy 
        generation by rural or remote areas;
            (D) providing or modernizing electric generation 
        facilities;
            (E) developing microgrids; and
            (F) increasing energy efficiency.
        (4) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary to carry out this subsection, 
    $1,000,000,000 for the period of fiscal years 2022 through 2026.
    (d) Energy Infrastructure Resilience Framework.--
        (1) In general.--The Secretary, in collaboration with the 
    Secretary of Homeland Security, the Federal Energy Regulatory 
    Commission, the North American Electric Reliability Corporation, 
    and interested energy infrastructure stakeholders, shall develop 
    common analytical frameworks, tools, metrics, and data to assess 
    the resilience, reliability, safety, and security of energy 
    infrastructure in the United States, including by developing and 
    storing an inventory of easily transported high-voltage recovery 
    transformers and other required equipment.
        (2) Assessment and report.--
            (A) Assessment.--The Secretary shall carry out an 
        assessment of--
                (i) with respect to the inventory of high-voltage 
            recovery transformers, new transformers, and other 
            equipment proposed to be developed and stored under 
            paragraph (1)--

                    (I) the policies, technical specifications, and 
                logistical and program structures necessary to mitigate 
                the risks associated with the loss of high-voltage 
                recovery transformers;
                    (II) the technical specifications for high-voltage 
                recovery transformers;
                    (III) where inventory of high-voltage recovery 
                transformers should be stored;
                    (IV) the quantity of high-voltage recovery 
                transformers necessary for the inventory;
                    (V) how the stored inventory of high-voltage 
                recovery transformers would be secured and maintained;
                    (VI) how the high-voltage recovery transformers may 
                be transported;
                    (VII) opportunities for developing new flexible 
                advanced transformer designs; and
                    (VIII) whether new Federal regulations or cost-
                sharing requirements are necessary to carry out the 
                storage of high-voltage recovery transformers; and

                (ii) any efforts carried out by industry as of the date 
            of the assessment--

                    (I) to share transformers and equipment;
                    (II) to develop plans for next generation 
                transformers; and
                    (III) to plan for surge and long-term manufacturing 
                of, and long-term standardization of, transformer 
                designs.

            (B) Protection of information.--Information that is 
        provided to, generated by, or collected by the Secretary under 
        subparagraph (A) shall be considered to be critical electric 
        infrastructure information under section 215A of the Federal 
        Power Act (16 U.S.C. 824o-1).
            (C) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the results of the assessment carried out 
        under subparagraph (A).
SEC. 40104. UTILITY DEMAND RESPONSE.
    (a) Consideration of Demand-Response Standard.--
        (1) In general.--Section 111(d) of the Public Utility 
    Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by 
    adding at the end the following:
        ``(20) Demand-response practices.--
            ``(A) In general.--Each electric utility shall promote the 
        use of demand-response and demand flexibility practices by 
        commercial, residential, and industrial consumers to reduce 
        electricity consumption during periods of unusually high 
        demand.
            ``(B) Rate recovery.--
                ``(i) In general.--Each State regulatory authority 
            shall consider establishing rate mechanisms allowing an 
            electric utility with respect to which the State regulatory 
            authority has ratemaking authority to timely recover the 
            costs of promoting demand-response and demand flexibility 
            practices in accordance with subparagraph (A).
                ``(ii) Nonregulated electric utilities.--A nonregulated 
            electric utility may establish rate mechanisms for the 
            timely recovery of the costs of promoting demand-response 
            and demand flexibility practices in accordance with 
            subparagraph (A).''.
        (2) Compliance.--
            (A) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding at the end the following:
        ``(7)(A) Not later than 1 year after the date of enactment of 
    this paragraph, each State regulatory authority (with respect to 
    each electric utility for which the State has ratemaking authority) 
    and each nonregulated electric utility shall commence consideration 
    under section 111, or set a hearing date for consideration, with 
    respect to the standard established by paragraph (20) of section 
    111(d).
        ``(B) Not later than 2 years after the date of enactment of 
    this paragraph, each State regulatory authority (with respect to 
    each electric utility for which the State has ratemaking 
    authority), and each nonregulated electric utility shall complete 
    the consideration and make the determination under section 111 with 
    respect to the standard established by paragraph (20) of section 
    111(d).''.
            (B) Failure to comply.--
                (i) In general.--Section 112(c) of the Public Utility 
            Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 
            amended--

                    (I) by striking ``such paragraph (14)'' and all 
                that follows through ``paragraphs (16)'' and inserting 
                ``such paragraph (14). In the case of the standard 
                established by paragraph (15) of section 111(d), the 
                reference contained in this subsection to the date of 
                enactment of this Act shall be deemed to be a reference 
                to the date of enactment of that paragraph (15). In the 
                case of the standards established by paragraphs (16)''; 
                and
                    (II) by adding at the end the following: ``In the 
                case of the standard established by paragraph (20) of 
                section 111(d), the reference contained in this 
                subsection to the date of enactment of this Act shall 
                be deemed to be a reference to the date of enactment of 
                that paragraph (20).''.

                (ii) Technical correction.--Paragraph (2) of section 
            1254(b) of the Energy Policy Act of 2005 (Public Law 109-
            58; 119 Stat. 971) is repealed and the amendment made by 
            that paragraph (as in effect on the day before the date of 
            enactment of this Act) is void, and section 112(d) of the 
            Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
            2622(d)) shall be in effect as if that amendment had not 
            been enacted.
            (C) Prior state actions.--
                (i) In general.--Section 112 of the Public Utility 
            Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended 
            by adding at the end the following:
    ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply 
to the standard established by paragraph (20) of section 111(d) in the 
case of any electric utility in a State if, before the date of 
enactment of this subsection--
        ``(1) the State has implemented for the electric utility the 
    standard (or a comparable standard);
        ``(2) the State regulatory authority for the State or the 
    relevant nonregulated electric utility has conducted a proceeding 
    to consider implementation of the standard (or a comparable 
    standard) for the electric utility; or
        ``(3) the State legislature has voted on the implementation of 
    the standard (or a comparable standard) for the electric 
    utility.''.
                (ii) Cross-reference.--Section 124 of the Public 
            Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is 
            amended--

                    (I) by striking ``this subsection'' each place it 
                appears and inserting ``this section''; and
                    (II) by adding at the end the following: ``In the 
                case of the standard established by paragraph (20) of 
                section 111(d), the reference contained in this section 
                to the date of enactment of this Act shall be deemed to 
                be a reference to the date of enactment of that 
                paragraph (20).''.

    (b) Optional Features of State Energy Conservation Plans.--Section 
362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is 
amended--
        (1) in paragraph (16), by striking ``and'' at the end;
        (2) by redesignating paragraph (17) as paragraph (18); and
        (3) by inserting after paragraph (16) the following:
        ``(17) programs that promote the installation and use of 
    demand-response technology and demand-response practices; and''.
    (c) Federal Energy Management Program.--Section 543(i) of the 
National Energy Conservation Policy Act (42 U.S.C. 8253(i)) is 
amended--
        (1) in paragraph (1)--
            (A) in subparagraph (A), by striking ``and'' at the end;
            (B) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following:
            ``(C) to reduce energy consumption during periods of 
        unusually high electricity or natural gas demand.''; and
        (2) in paragraph (3)(A)--
            (A) in clause (v), by striking ``and'' at the end;
            (B) in clause (vi), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
                ``(vii) promote the installation of demand-response 
            technology and the use of demand-response practices in 
            Federal buildings.''.
    (d) Components of Zero-Net-Energy Commercial Buildings 
Initiative.--Section 422(d)(3) of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17082(d)) is amended by inserting ``(including 
demand-response technologies, practices, and policies)'' after 
``policies''.
SEC. 40105. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
    (a) Designation of National Interest Electric Transmission 
Corridors.--Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)) 
is amended--
        (1) in paragraph (1)--
            (A) by inserting ``and Indian Tribes'' after ``affected 
        States''; and
            (B) by inserting ``capacity constraints and'' before 
        ``congestion'';
        (2) in paragraph (2)--
            (A) by striking ``After'' and inserting ``Not less 
        frequently than once every 3 years, the Secretary, after''; and
            (B) by striking ``affected States'' and all that follows 
        through the period at the end and inserting the following: 
        ``affected States and Indian Tribes), shall issue a report, 
        based on the study under paragraph (1) or other information 
        relating to electric transmission capacity constraints and 
        congestion, which may designate as a national interest electric 
        transmission corridor any geographic area that--
                ``(i) is experiencing electric energy transmission 
            capacity constraints or congestion that adversely affects 
            consumers; or
                ``(ii) is expected to experience such energy 
            transmission capacity constraints or congestion.'';
        (3) in paragraph (3)--
            (A) by striking ``The Secretary shall conduct the study and 
        issue the report in consultation'' and inserting ``Not less 
        frequently than once every 3 years, the Secretary, in 
        conducting the study under paragraph (1) and issuing the report 
        under paragraph (2), shall consult''; and
        (4) in paragraph (4)--
            (A) in subparagraph (C), by inserting ``or energy 
        security'' after ``independence'';
            (B) in subparagraph (D), by striking ``and'' at the end;
            (C) in subparagraph (E), by striking the period at the end 
        and inserting a semicolon; and
            (D) by adding at the end the following:
        ``(F) the designation would enhance the ability of facilities 
    that generate or transmit firm or intermittent energy to connect to 
    the electric grid;
        ``(G) the designation--
            ``(i) maximizes existing rights-of-way; and
            ``(ii) avoids and minimizes, to the maximum extent 
        practicable, and offsets to the extent appropriate and 
        practicable, sensitive environmental areas and cultural 
        heritage sites; and
        ``(H) the designation would result in a reduction in the cost 
    to purchase electric energy for consumers.''.
    (b) Construction Permit.--Section 216(b) of the Federal Power Act 
(16 U.S.C. 824p(b)) is amended--
        (1) in paragraph (1)--
            (A) in subparagraph (A)(ii), by inserting ``or 
        interregional benefits'' after ``interstate benefits''; and
            (B) by striking subparagraph (C) and inserting the 
        following:
        ``(C) a State commission or other entity that has authority to 
    approve the siting of the facilities--
            ``(i) has not made a determination on an application 
        seeking approval pursuant to applicable law by the date that is 
        1 year after the later of--
                ``(I) the date on which the application was filed; and
                ``(II) the date on which the relevant national interest 
            electric transmission corridor was designated by the 
            Secretary under subsection (a);
            ``(ii) has conditioned its approval in such a manner that 
        the proposed construction or modification will not 
        significantly reduce transmission capacity constraints or 
        congestion in interstate commerce or is not economically 
        feasible; or
            ``(iii) has denied an application seeking approval pursuant 
        to applicable law;''.
    (c) Rights-of-Way.--Section 216(e)(1) of the Federal Power Act (16 
U.S.C. 824p(e)(1)) is amended by striking ``modify the transmission 
facilities, the'' and inserting ``modify, and operate and maintain, the 
transmission facilities and, in the determination of the Commission, 
the permit holder has made good faith efforts to engage with landowners 
and other stakeholders early in the applicable permitting process, 
the''.
    (d) Interstate Compacts.--Section 216(i) of the Federal Power Act 
(16 U.S.C. 824p(i)) is amended--
        (1) in paragraph (2), by striking ``may'' and inserting 
    ``shall''; and
        (2) in paragraph (4), by striking ``the members'' and all that 
    follows through the period at the end and inserting the following: 
    ``the Secretary determines that the members of the compact are in 
    disagreement after the later of--
            ``(A) the date that is 1 year after the date on which the 
        relevant application for the facility was filed; and
            ``(B) the date that is 1 year after the date on which the 
        relevant national interest electric transmission corridor was 
        designated by the Secretary under subsection (a).''.
SEC. 40106. TRANSMISSION FACILITATION PROGRAM.
    (a) Definitions.--In this section:
        (1) Capacity contract.--The term ``capacity contract'' means a 
    contract entered into by the Secretary and an eligible entity under 
    subsection (e)(1)(A) for the right to the use of the transmission 
    capacity of an eligible project.
        (2) Eligible electric power transmission line.--The term 
    ``eligible electric power transmission line'' means an electric 
    power transmission line that is capable of transmitting not less 
    than--
            (A) 1,000 megawatts; or
            (B) in the case of a project that consists of upgrading an 
        existing transmission line or constructing a new transmission 
        line in an existing transmission, transportation, or 
        telecommunications infrastructure corridor, 500 megawatts.
        (3) Eligible entity.--The term ``eligible entity'' means an 
    entity seeking to carry out an eligible project.
        (4) Eligible project.--The term ``eligible project'' means a 
    project (including any related facility)--
            (A) to construct a new or replace an existing eligible 
        electric power transmission line;
            (B) to increase the transmission capacity of an existing 
        eligible electric power transmission line; or
            (C) to connect an isolated microgrid to an existing 
        transmission, transportation, or telecommunications 
        infrastructure corridor located in Alaska, Hawaii, or a 
        territory of the United States.
        (5) Fund.--The term ``Fund'' means the Transmission 
    Facilitation Fund established by subsection (d)(1).
        (6) Program.--The term ``program'' means the Transmission 
    Facilitation Program established by subsection (b).
        (7) Related facility.--
            (A) In general.--The term ``related facility'' means a 
        facility related to an eligible project described in paragraph 
        (4).
            (B) Exclusions.--The term ``related facility'' does not 
        include--
                (i) facilities used primarily to generate electric 
            energy; or
                (ii) facilities used in the local distribution of 
            electric energy.
    (b) Establishment.--There is established a program, to be known as 
the ``Transmission Facilitation Program'', under which the Secretary 
shall facilitate the construction of electric power transmission lines 
and related facilities in accordance with subsection (e).
    (c) Applications.--
        (1) In general.--To be eligible for assistance under this 
    section, an eligible entity shall submit to the Secretary an 
    application at such time, in such manner, and containing such 
    information as the Secretary may require.
        (2) Procedures.--The Secretary shall establish procedures for 
    the solicitation and review of applications from eligible entities.
    (d) Funding.--
        (1) Transmission facilitation fund.--There is established in 
    the Treasury a fund, to be known as the ``Transmission Facilitation 
    Fund'', consisting of--
            (A) all amounts received by the Secretary, including 
        receipts, collections, and recoveries, from any source relating 
        to expenses incurred by the Secretary in carrying out the 
        program, including--
                (i) costs recovered pursuant to paragraph (4);
                (ii) amounts received as repayment of a loan issued to 
            an eligible entity under subsection (e)(1)(B); and
                (iii) amounts contributed by eligible entities for the 
            purpose of carrying out an eligible project with respect to 
            which the Secretary is participating with the eligible 
            entity under subsection (e)(1)(C);
            (B) all amounts borrowed from the Secretary of the Treasury 
        by the Secretary for the program under paragraph (2); and
            (C) any amounts appropriated to the Secretary for the 
        program.
        (2) Borrowing authority.--The Secretary of the Treasury may, 
    without further appropriation and without fiscal year limitation, 
    loan to the Secretary on such terms as may be fixed by the 
    Secretary and the Secretary of the Treasury, such sums as, in the 
    judgment of the Secretary, are from time to time required for the 
    purpose of carrying out the program, not to exceed, in the 
    aggregate (including deferred interest), $2,500,000,000 in 
    outstanding repayable balances at any 1 time.
        (3) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary to carry out the program, including 
    for any administrative expenses of carrying out the program that 
    are not recovered under paragraph (4), $10,000,000 for each of 
    fiscal years 2022 through 2026.
        (4) Cost recovery.--
            (A) In general.--Except as provided in subparagraph (B), 
        the cost of any facilitation activities carried out by the 
        Secretary under subsection (e)(1) shall be collected--
                (i) from eligible entities receiving the benefit of the 
            applicable facilitation activity, on a schedule to be 
            determined by the Secretary; or
                (ii) with respect to a contracted transmission capacity 
            under subsection (e)(1)(A) through rates charged for the 
            use of the contracted transmission capacity.
            (B) Forgiveness of balances.--
                (i) Termination or end of useful life.--If, at the end 
            of the useful life of an eligible project or the 
            termination of a capacity contract under subsection (f)(5), 
            there is a remaining balance owed to the Treasury under 
            this section, the balance shall be forgiven.
                (ii) Unconstructed projects.--Funds expended to study 
            projects that are considered pursuant to this section but 
            that are not constructed shall be forgiven.
            (C) Recovery of costs of eligible projects.--The Secretary 
        may collect the costs of any activities carried out by the 
        Secretary with respect to an eligible project in which the 
        Secretary participates with an eligible entity under subsection 
        (e)(1)(C) through rates charged to customers benefitting from 
        the new transmission capability provided by the eligible 
        project.
    (e) Facilitation of Eligible Projects.--
        (1) In general.--To facilitate eligible projects, the Secretary 
    may--
            (A) subject to subsections (f) and (i), enter into a 
        capacity contract with respect to an eligible project prior to 
        the date on which the eligible project is completed;
            (B) subject to subsections (g) and (i), issue a loan to an 
        eligible entity for the costs of carrying out an eligible 
        project; or
            (C) subject to subsections (h) and (i), participate with an 
        eligible entity in designing, developing, constructing, 
        operating, maintaining, or owning an eligible project.
        (2) Requirement.--The provision and receipt of assistance for 
    an eligible project under paragraph (1) shall be subject to such 
    terms and conditions as the Secretary determines to be 
    appropriate--
            (A) to ensure the success of the program; and
            (B) to protect the interests of the United States.
    (f) Capacity Contracts.--
        (1) Purpose.--In entering into capacity contracts under 
    subsection (e)(1)(A), the Secretary shall seek to enter into 
    capacity contracts that will encourage other entities to enter into 
    contracts for the transmission capacity of the eligible project.
        (2) Payment.--The amount paid by the Secretary to an eligible 
    entity under a capacity contract for the right to the use of the 
    transmission capacity of an eligible project shall be--
            (A) the fair market value for the use of the transmission 
        capacity, as determined by the Secretary, taking into account, 
        as the Secretary determines to be necessary, the comparable 
        value for the use of the transmission capacity of other 
        electric power transmission lines; and
            (B) on a schedule and in such divided amounts, which may be 
        a single amount, that the Secretary determines are likely to 
        facilitate construction of the eligible project, taking into 
        account standard industry practice and factors specific to each 
        applicant, including, as applicable--
                (i) potential review by a State regulatory entity of 
            the revenue requirement of an electric utility; and
                (ii) the financial model of an independent transmission 
            developer.
        (3) Limitations.--A capacity contract shall--
            (A) be for a term of not more than 40 years; and
            (B) be for not more than 50 percent of the total proposed 
        transmission capacity of the applicable eligible project.
        (4) Transmission marketing.--
            (A) In general.--If the Secretary has not terminated a 
        capacity contract under paragraph (5) before the applicable 
        eligible project enters into service, the Secretary may enter 
        into 1 or more contracts with a third party to market the 
        transmission capacity of the eligible project to which the 
        Secretary holds rights under the capacity contract.
            (B) Return.--Subject to subparagraph (D), the Secretary 
        shall seek to ensure that any contract entered into under 
        subparagraph (A) maximizes the financial return to the Federal 
        Government.
            (C) Competitive solicitation.--The Secretary shall only 
        select third parties for contracts under this paragraph through 
        a competitive solicitation.
            (D) Requirement.--The marketing of capacity pursuant to 
        this subsection, including any marketing by a third party under 
        subparagraph (A), shall be undertaken consistent with the 
        requirements of the Federal Power Act (16 U.S.C. 791a et seq.).
        (5) Termination.--
            (A) In general.--The Secretary shall seek to terminate a 
        capacity contract as soon as practicable after determining that 
        sufficient transmission capacity of the eligible project has 
        been secured by other entities to ensure the long-term 
        financial viability of the eligible project, including through 
        1 or more transfers under subparagraph (B).
            (B) Transfer.--On payment to the Secretary by a third party 
        for transmission capacity to which the Secretary has rights 
        under a capacity contract, the Secretary may transfer the 
        rights to that transmission capacity to that third party.
            (C) Relinquishment.--On payment to the Secretary by the 
        applicable eligible entity for transmission capacity to which 
        the Secretary has rights under a capacity contract, the 
        Secretary may relinquish the rights to that transmission 
        capacity to the eligible entity.
            (D) Requirement.--A payment under subparagraph (B) or (C) 
        shall be in an amount sufficient for the Secretary to recover 
        any remaining costs incurred by the Secretary with respect to 
        the quantity of transmission capacity affected by the transfer 
        under subparagraph (B) or the relinquishment under subparagraph 
        (C), as applicable.
        (6) Other federal capacity positions.--The existence of a 
    capacity contract does not preclude a Federal entity, including a 
    Federal power marketing administration, from otherwise securing 
    transmission capacity at any time from an eligible project, to the 
    extent that the Federal entity is authorized to secure that 
    transmission capacity.
        (7) Form of financial assistance.--Entering into a capacity 
    contract under subsection (e)(1)(A) shall be considered a form of 
    financial assistance described in section 1508.1(q)(1)(vii) of 
    title 40, Code of Federal Regulations (as in effect on the date of 
    enactment of this Act).
        (8) Transmission planning region consultation.--Prior to 
    entering into a capacity contract under this subsection, the 
    Secretary shall consult with the relevant transmission planning 
    region regarding the transmission planning region's identification 
    of needs, and the Secretary shall minimize, to the extent possible, 
    duplication or conflict with the transmission planning region's 
    needs determination and selection of projects that meet such needs.
    (g) Interest Rate on Loans.--The rate of interest to be charged in 
connection with any loan made by the Secretary to an eligible entity 
under subsection (e)(1)(B) shall be fixed by the Secretary, taking into 
consideration market yields on outstanding marketable obligations of 
the United States of comparable maturities as of the date of the loan.
    (h) Public-private Partnerships.--The Secretary may participate 
with an eligible entity with respect to an eligible project under 
subsection (e)(1)(C) if the Secretary determines that the eligible 
project--
        (1)(A) is located in an area designated as a national interest 
    electric transmission corridor pursuant to section 216(a) of the 
    Federal Power Act 16 U.S.C. 824p(a); or
        (B) is necessary to accommodate an actual or projected increase 
    in demand for electric transmission capacity across more than 1 
    State or transmission planning region;
        (2) is consistent with efficient and reliable operation of the 
    transmission grid;
        (3) will be operated in conformance with prudent utility 
    practices;
        (4) will be operated in conformance with the rules of--
            (A) a Transmission Organization (as defined in section 3 of 
        the Federal Power Act (16 U.S.C. 796)), if applicable; or
            (B) a regional reliability organization; and
        (5) is not duplicative of the functions of existing 
    transmission facilities that are the subject of ongoing siting and 
    related permitting proceedings.
    (i) Certification.--Prior to taking action to facilitate an 
eligible project under subparagraph (A), (B), or (C) of subsection 
(e)(1), the Secretary shall certify that--
        (1) the eligible project is in the public interest;
        (2) the eligible project is unlikely to be constructed in as 
    timely a manner or with as much transmission capacity in the 
    absence of facilitation under this section, including with respect 
    to an eligible project for which a Federal investment tax credit 
    may be allowed; and
        (3) it is reasonable to expect that the proceeds from the 
    eligible project will be adequate, as applicable--
            (A) to recover the cost of a capacity contract entered into 
        under subsection (e)(1)(A);
            (B) to repay a loan provided under subsection (e)(1)(B); or
            (C) to repay any amounts borrowed from the Secretary of the 
        Treasury under subsection (d)(2).
    (j) Other Authorities, Limitations, and Effects.--
        (1) Participation.--The Secretary may permit other entities to 
    participate in the financing, construction, and ownership of 
    eligible projects facilitated under this section.
        (2) Operations and maintenance.--Facilitation by the Secretary 
    of an eligible project under this section does not create any 
    obligation on the part of the Secretary to operate or maintain the 
    eligible project.
        (3) Federal facilities.--For purposes of cost recovery under 
    subsection (d)(4) and repayment of a loan issued under subsection 
    (e)(1)(B), each eligible project facilitated by the Secretary under 
    this section shall be treated as separate and distinct from--
            (A) each other eligible project; and
            (B) all other Federal power and transmission facilities.
        (4) Effect on ancillary services authority and obligations.--
    Nothing in this section confers on the Secretary or any Federal 
    power marketing administration any additional authority or 
    obligation to provide ancillary services to users of transmission 
    facilities constructed or upgraded under this section.
        (5) Effect on western area power administration projects.--
    Nothing in this section affects--
            (A) any pending project application before the Western Area 
        Power Administration under section 301 of the Hoover Power 
        Plant Act of 1984 (42 U.S.C. 16421a); or
            (B) any agreement entered into by the Western Power 
        Administration under that section.
        (6) Third-party finance.--Nothing in this section precludes an 
    eligible project facilitated under this section from being eligible 
    as a project under section 1222 of the Energy Policy Act of 2005 
    (42 U.S.C. 16421).
        (7) Limitation on loans.--An eligible project may not be the 
    subject of both--
            (A) a loan under subsection (e)(1)(B); and
            (B) a Federal loan under section 301 of the Hoover Power 
        Plant Act of 1984 (42 U.S.C. 16421a).
        (8) Considerations.--In evaluating eligible projects for 
    possible facilitation under this section, the Secretary shall 
    prioritize projects that, to the maximum extent practicable--
            (A) use technology that enhances the capacity, efficiency, 
        resiliency, or reliability of an electric power transmission 
        system, including--
                (i) reconductoring of an existing electric power 
            transmission line with advanced conductors; and
                (ii) hardware or software that enables dynamic line 
            ratings, advanced power flow control, or grid topology 
            optimization;
            (B) will improve the resiliency and reliability of an 
        electric power transmission system;
            (C) facilitate interregional transfer capacity that 
        supports strong and equitable economic growth; and
            (D) contribute to national or subnational goals to lower 
        electricity sector greenhouse gas emissions.
SEC. 40107. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE GRID FLEXIBILITY.
    (a) In General.--Section 1306 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17386) is amended--
        (1) in subsection (b)--
            (A) in the matter preceding paragraph (1), by striking 
        ``the date of enactment of this Act'' and inserting ``the date 
        of enactment of the Infrastructure Investment and Jobs Act'';
            (B) by redesignating paragraph (9) as paragraph (14); and
            (C) by inserting after paragraph (8) the following:
        ``(9) In the case of data analytics that enable software to 
    engage in Smart Grid functions, the documented purchase costs of 
    the data analytics.
        ``(10) In the case of buildings, the documented expenses for 
    devices and software, including for installation, that allow 
    buildings to engage in demand flexibility or Smart Grid functions.
        ``(11) In the case of utility communications, operational fiber 
    and wireless broadband communications networks to enable data flow 
    between distribution system components.
        ``(12) In the case of advanced transmission technologies such 
    as dynamic line rating, flow control devices, advanced conductors, 
    network topology optimization, or other hardware, software, and 
    associated protocols applied to existing transmission facilities 
    that increase the operational transfer capacity of a transmission 
    network, the documented expenditures to purchase and install those 
    advanced transmission technologies.
        ``(13) In the case of extreme weather or natural disasters, the 
    ability to redirect or shut off power to minimize blackouts and 
    avoid further damage.''; and
        (2) in subsection (d)--
            (A) by redesignating paragraph (9) as paragraph (16); and
            (B) by inserting after paragraph (8) the following:
        ``(9) The ability to use data analytics and software-as-service 
    to provide flexibility by improving the visibility of the 
    electrical system to grid operators that can help quickly rebalance 
    the electrical system with autonomous controls.
        ``(10) The ability to facilitate the aggregation or integration 
    of distributed energy resources to serve as assets for the grid.
        ``(11) The ability to provide energy storage to meet 
    fluctuating electricity demand, provide voltage support, and 
    integrate intermittent generation sources, including vehicle-to-
    grid technologies.
        ``(12) The ability of hardware, software, and associated 
    protocols applied to existing transmission facilities to increase 
    the operational transfer capacity of a transmission network.
        ``(13) The ability to anticipate and mitigate impacts of 
    extreme weather or natural disasters on grid resiliency.
        ``(14) The ability to facilitate the integration of renewable 
    energy resources, electric vehicle charging infrastructure, and 
    vehicle-to-grid technologies.
        ``(15) The ability to reliably meet increased demand from 
    electric vehicles and the electrification of appliances and other 
    sectors.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the Smart Grid Investment 
Matching Grant Program established under section 1306(a) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17386(a)) 
$3,000,000,000 for fiscal year 2022, to remain available through 
September 30, 2026.
SEC. 40108. STATE ENERGY SECURITY PLANS.
    (a) In General.--Part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.) is amended--
        (1) in section 361--
            (A) by striking the section designation and heading and all 
        that follows through ``The Congress'' and inserting the 
        following:
    ``SEC. 361. FINDINGS; PURPOSE; DEFINITIONS.
    ``(a) Findings.--Congress'';
            (B) in subsection (b), by striking ``(b) It is'' and 
        inserting the following:
    ``(b) Purpose.--It is''; and
            (C) by adding at the end the following:
    ``(c) Definitions.--In this part:'';
        (2) in section 366--
            (A) in paragraph (3)(B)(i), by striking ``approved under 
        section 367, and'' ; and inserting ``; and'';
            (B) in each of paragraphs (1) through (8), by inserting a 
        paragraph heading, the text of which is comprised of the term 
        defined in the paragraph; and
            (C) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (6), respectively, and moving the paragraphs so as to 
        appear in numerical order;
        (3) by moving paragraphs (1) through (8) of section 366 (as so 
    redesignated) so as to appear after subsection (c) of section 361 
    (as designated by paragraph (1)(C)); and
        (4) by amending section 366 to read as follows:
    ``SEC. 366. STATE ENERGY SECURITY PLANS.
    ``(a) Definitions.--In this section:
        ``(1) Bulk-power system.--The term `bulk-power system' has the 
    meaning given the term in section 215(a) of the Federal Power Act 
    (16 U.S.C. 824o(a)).
        ``(2) State energy security plan.--The term `State energy 
    security plan' means a State energy security plan described in 
    subsection (b).
    ``(b) Financial Assistance for State Energy Security Plans.--
Federal financial assistance made available to a State under this part 
may be used for the development, implementation, review, and revision 
of a State energy security plan that--
        ``(1) assesses the existing circumstances in the State; and
        ``(2) proposes methods to strengthen the ability of the State, 
    in consultation with owners and operators of energy infrastructure 
    in the State--
            ``(A) to secure the energy infrastructure of the State 
        against all physical and cybersecurity threats;
            ``(B)(i) to mitigate the risk of energy supply disruptions 
        to the State; and
            ``(ii) to enhance the response to, and recovery from, 
        energy disruptions; and
            ``(C) to ensure that the State has reliable, secure, and 
        resilient energy infrastructure.
    ``(c) Contents of Plan.--A State energy security plan shall--
        ``(1) address all energy sources and regulated and unregulated 
    energy providers;
        ``(2) provide a State energy profile, including an assessment 
    of energy production, transmission, distribution, and end-use;
        ``(3) address potential hazards to each energy sector or 
    system, including--
            ``(A) physical threats and vulnerabilities; and
            ``(B) cybersecurity threats and vulnerabilities;
        ``(4) provide a risk assessment of energy infrastructure and 
    cross-sector interdependencies;
        ``(5) provide a risk mitigation approach to enhance reliability 
    and end-use resilience; and
        ``(6)(A) address--
            ``(i) multi-State and regional coordination, planning, and 
        response; and
            ``(ii) coordination with Indian Tribes with respect to 
        planning and response; and
        ``(B) to the extent practicable, encourage mutual assistance in 
    cyber and physical response plans.
    ``(d) Coordination.--In developing or revising a State energy 
security plan, the State energy office of the State shall coordinate, 
to the extent practicable, with--
        ``(1) the public utility or service commission of the State;
        ``(2) energy providers from the private and public sectors; and
        ``(3) other entities responsible for--
            ``(A) maintaining fuel or electric reliability; and
            ``(B) securing energy infrastructure.
    ``(e) Financial Assistance.--A State is not eligible to receive 
Federal financial assistance under this part for any purpose for a 
fiscal year unless the Governor of the State submits to the Secretary, 
with respect to that fiscal year--
        ``(1) a State energy security plan that meets the requirements 
    of subsection (c); or
        ``(2) after an annual review, carried out by the Governor, of a 
    State energy security plan--
            ``(A) any necessary revisions to the State energy security 
        plan; or
            ``(B) a certification that no revisions to the State energy 
        security plan are necessary.
    ``(f) Technical Assistance.--On request of the Governor of a State, 
the Secretary, in consultation with the Secretary of Homeland Security, 
may provide information, technical assistance, and other assistance in 
the development, implementation, or revision of a State energy security 
plan.
    ``(g) Requirement.--Each State receiving Federal financial 
assistance under this part shall provide reasonable assurance to the 
Secretary that the State has established policies and procedures 
designed to assure that the financial assistance will be used--
        ``(1) to supplement, and not to supplant, State and local 
    funds; and
        ``(2) to the maximum extent practicable, to increase the amount 
    of State and local funds that otherwise would be available, in the 
    absence of the Federal financial assistance, for the implementation 
    of a State energy security plan.
    ``(h) Protection of Information.--Information provided to, or 
collected by, the Federal Government pursuant to this section the 
disclosure of which the Secretary reasonably foresees could be 
detrimental to the physical security or cybersecurity of any electric 
utility or the bulk-power system--
        ``(1) shall be exempt from disclosure under section 552(b)(3) 
    of title 5, United States Code; and
        ``(2) shall not be made available by any Federal agency, State, 
    political subdivision of a State, or Tribal authority pursuant to 
    any Federal, State, political subdivision of a State, or Tribal 
    law, respectively, requiring public disclosure of information or 
    records.
    ``(i) Sunset.--The requirements of this section shall expire on 
October 31, 2025.''.
    (b) Clerical Amendments.--The table of contents of the Energy 
Policy and Conservation Act (Public Law 94-163; 89 Stat. 872) is 
amended--
        (1) by striking the item relating to section 361 and inserting 
    the following:
``Sec. 361. Findings; purpose; definitions.''; and

        (2) by striking the item relating to section 366 and inserting 
    the following:
``Sec. 366. State energy security plans.''.

    (c) Conforming Amendments.--
        (1) Section 509(i)(3) of the Housing and Urban Development Act 
    of 1970 (12 U.S.C. 1701z-8(i)(3)) is amended by striking 
    ``prescribed for such terms in section 366 of the Energy Policy and 
    Conservation Act'' and inserting ``given the terms in section 
    361(c) of the Energy Policy and Conservation Act''.
        (2) Section 363 of the Energy Policy and Conservation Act (42 
    U.S.C. 6323) is amended--
            (A) by striking subsection (e); and
            (B) by redesignating subsection (f) as subsection (e).
        (3) Section 451(i)(3) of the Energy Conservation and Production 
    Act (42 U.S.C. 6881(i)(3)) is amended by striking ``prescribed for 
    such terms in section 366 of the Federal Energy Policy and 
    Conservation Act'' and inserting ``given the terms in section 
    361(c) of the Energy Policy and Conservation Act''.
SEC. 40109. STATE ENERGY PROGRAM.
    (a) Collaborative Transmission Siting.--Section 362(c) of the 
Energy Policy and Conservation Act (42 U.S.C. 6322(c)) is amended--
        (1) in paragraph (5), by striking ``and'' at the end;
        (2) in paragraph (6), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(7) the mandatory conduct of activities to support 
    transmission and distribution planning, including--
            ``(A) support for local governments and Indian Tribes;
            ``(B) feasibility studies for transmission line routes and 
        alternatives;
            ``(C) preparation of necessary project design and permits; 
        and
            ``(D) outreach to affected stakeholders.''.
    (b) State Energy Conservation Plans.--Section 362(d) of the Energy 
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended by striking 
paragraph (3) and inserting the following:
        ``(3) programs to increase transportation energy efficiency, 
    including programs to help reduce carbon emissions in the 
    transportation sector by 2050 and accelerate the use of alternative 
    transportation fuels for, and the electrification of, State 
    government vehicles, fleet vehicles, taxis and ridesharing 
    services, mass transit, school buses, ferries, and privately owned 
    passenger and medium- and heavy-duty vehicles;''.
    (c) Authorization of Appropriations for State Energy Program.--
Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325) 
is amended by striking subsection (f) and inserting the following:
    ``(f) Authorization of Appropriations.--
        ``(1) In general.--There is authorized to be appropriated to 
    carry out this part $500,000,000 for the period of fiscal years 
    2022 through 2026.
        ``(2) Distribution.--Amounts made available under paragraph 
    (1)--
            ``(A) shall be distributed to the States in accordance with 
        the applicable distribution formula in effect on January 1, 
        2021; and
            ``(B) shall not be subject to the matching requirement 
        described in the first proviso of the matter under the heading 
        `energy conservation' under the heading `DEPARTMENT OF ENERGY' 
        in title II of the Department of the Interior and Related 
        Agencies Appropriations Act, 1985 (42 U.S.C. 6323a).''.
SEC. 40110. POWER MARKETING ADMINISTRATION TRANSMISSION BORROWING 
AUTHORITY.
    (a) Borrowing Authority.--
        (1) In general.--Subject to paragraph (2), for the purposes of 
    providing funds to assist in the financing of the construction, 
    acquisition, and replacement of the Federal Columbia River Power 
    System and to implement the authority of the Administrator of the 
    Bonneville Power Administration (referred to in this section as the 
    ``Administrator'') under the Pacific Northwest Electric Power 
    Planning and Conservation Act (16 U.S.C. 839 et seq.), an 
    additional $10,000,000,000 in borrowing authority is made available 
    under the Federal Columbia River Transmission System Act (16 U.S.C. 
    838 et seq.), to remain outstanding at any 1 time.
        (2) Limitation.--The obligation of additional borrowing 
    authority under paragraph (1) shall not exceed $6,000,000,000 by 
    fiscal year 2028.
    (b) Financial Plan.--
        (1) In general.--The Administrator shall issue an updated 
    financial plan by the end of fiscal year 2022.
        (2) Requirement.--As part of the process of issuing an updated 
    financial plan under paragraph (1), the Administrator shall--
            (A) consistent with asset management planning and sound 
        business principles, consider projected and planned use and 
        allocation of the borrowing authority of the Administrator 
        across the mission responsibilities of the Bonneville Power 
        Administration; and
            (B) before issuing the final updated financial plan--
                (i) engage, in a manner determined by the 
            Administrator, with customers with respect to a draft of 
            the updated plan; and
                (ii) consider as a relevant factor any recommendations 
            from customers regarding prioritization of asset 
            investments.
    (c) Stakeholder Engagement.--The Administrator shall--
        (1) engage, in a manner determined by the Administrator, with 
    customers and stakeholders with respect to the financial and cost 
    management efforts of the Administrator through periodic program 
    reviews; and
        (2) to the maximum extent practicable, implement those policies 
    that would be expected to be consistent with the lowest possible 
    power and transmission rates consistent with sound business 
    principles.
    (d) Repayment.--Any additional Treasury borrowing authority 
received under this section shall be fully repaid to the Treasury in a 
manner consistent with the applicable self-financed Federal budget 
accounts.
SEC. 40111. STUDY OF CODES AND STANDARDS FOR USE OF ENERGY STORAGE 
SYSTEMS ACROSS SECTORS.
    (a) In General.--The Secretary shall conduct a study of types and 
commercial applications of codes and standards applied to--
        (1) stationary energy storage systems;
        (2) mobile energy storage systems; and
        (3) energy storage systems that move between stationary and 
    mobile applications, such as electric vehicle batteries or 
    batteries repurposed for new applications.
    (b) Purposes.--The purposes of the study conducted under subsection 
(a) shall be--
        (1) to identify barriers, foster collaboration, and increase 
    conformity across sectors relating to--
            (A) use of emerging energy storage technologies; and
            (B) use cases, such as vehicle-to-grid integration;
        (2) to identify all existing codes and standards that apply to 
    energy storage systems;
        (3) to identify codes and standards that require revision or 
    enhancement;
        (4) to enhance the safe implementation of energy storage 
    systems; and
        (5) to receive formal input from stakeholders regarding--
            (A) existing codes and standards; and
            (B) new or revised codes and standards.
    (c) Consultation.--In conducting the study under subsection (a), 
the Secretary shall consult with all relevant standards-developing 
organizations and other entities with expertise regarding energy 
storage system safety.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to Congress a report describing 
the results of the study conducted under subsection (a).
SEC. 40112. DEMONSTRATION OF ELECTRIC VEHICLE BATTERY SECOND-LIFE 
APPLICATIONS FOR GRID SERVICES.
    Section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)) is 
amended--
        (1) in paragraph (1)--
            (A) by striking the period at the end and inserting ``; 
        and'';
            (B) by striking ``including at'' and inserting the 
        following: ``including--
            ``(A) at''; and
            (C) by adding at the end the following:
            ``(B) 1 project to demonstrate second-life applications of 
        electric vehicle batteries as aggregated energy storage 
        installations to provide services to the electric grid, in 
        accordance with paragraph (3).'';
        (2) by redesignating paragraphs (3) and (4) as paragraphs (4) 
    and (5), respectively; and
        (3) by inserting after paragraph (2) the following:
        ``(3) Demonstration of electric vehicle battery second-life 
    applications for grid services.--
            ``(A) In general.--The Secretary shall enter into an 
        agreement to carry out a project to demonstrate second-life 
        applications of electric vehicle batteries as aggregated energy 
        storage installations to provide services to the electric grid.
            ``(B) Purposes.--The purposes of the project under 
        subparagraph (A) shall be--
                ``(i) to demonstrate power safety and the reliability 
            of the applications demonstrated under the program;
                ``(ii) to demonstrate the ability of electric vehicle 
            batteries--

                    ``(I) to provide ancillary services for grid 
                stability and management; and
                    ``(II) to reduce the peak loads of homes and 
                businesses;

                ``(iii) to extend the useful life of electric vehicle 
            batteries and the components of electric vehicle batteries 
            prior to the collection, recycling, and reprocessing of the 
            batteries and components; and
                ``(iv) to increase acceptance of, and participation in, 
            the use of second-life applications of electric vehicle 
            batteries by utilities.
            ``(C) Priority.--In selecting a project to carry out under 
        subparagraph (A), the Secretary shall give priority to projects 
        in which the demonstration of the applicable second-life 
        applications is paired with 1 or more facilities that could 
        particularly benefit from increased resiliency and lower energy 
        costs, such as a multi-family affordable housing facility, a 
        senior care facility, and a community health center.''.
SEC. 40113. COLUMBIA BASIN POWER MANAGEMENT.
    (a) Definitions.--In this section:
        (1) Account.--The term ``Account'' means the account 
    established by subsection (b)(1).
        (2) Administrator.--The term ``Administrator'' means the 
    Administrator of the Bonneville Power Administration.
        (3) Canadian entitlement.--The term ``Canadian Entitlement'' 
    means the downstream power benefits that Canada is entitled to 
    under Article V of the Treaty Relating to Cooperative Development 
    of the Water Resources of the Columbia River Basin, signed at 
    Washington January 17, 1961 (15 UST 1555; TIAS 5638).
    (b) Transmission Coordination and Expansion.--
        (1) Establishment.--There is established in the Treasury an 
    account for the purposes of making expenditures to increase 
    bilateral transfers of renewable electric generation between the 
    western United States and Canada.
        (2) Criteria.--
            (A) In general.--The Administrator may make expenditures 
        from the Account for activities to improve electric power 
        system coordination by constructing electric power transmission 
        facilities within the western United States that directly or 
        indirectly facilitate non-carbon emitting electric power 
        transactions between the western United States and Canada.
            (B) Application.--Subparagraph (A) shall be effective after 
        the later of--
                (i) September 16, 2024; and
                (ii) the date on which the Canadian entitlement value 
            calculation is terminated or reduced to the actual electric 
            power value to the United States, as determined by the 
            Administrator.
        (3) Consultation.--The Administrator shall consult with 
    relevant electric utilities in Canada and appropriate regional 
    transmission planning organizations in considering the construction 
    of transmission activities under this subsection.
        (4) Authorization.--There is authorized to be appropriated to 
    the Account a nonreimburseable amount equal to the aggregated 
    amount of the Canadian Entitlement during the 5-year period 
    preceding the date of enactment of this Act.
    (c) Increased Hydroelectric Capacity.--
        (1) In general.--The Commissioner of Reclamation shall 
    rehabilitate and enhance the John W. Keys III Pump Generating 
    Plant--
            (A) to replace obsolete equipment;
            (B) to maintain reliability and improve efficiency in 
        system performance and operation;
            (C) to create more hydroelectric power capacity in the 
        Pacific Northwest; and
            (D) to ensure the availability of water for irrigation in 
        the event that Columbia River water flows from British Columbia 
        into the United States are insufficient after September 16, 
        2024.
        (2) Authorization of appropriations.--There is authorized to be 
    appropriated $100,000,000, which shall be nonreimburseable, to 
    carry out this subsection.
    (d) Power Coordination Study.--
        (1) In general.--The Administrator shall conduct a study 
    considering the potential hydroelectric power value to the Pacific 
    Northwest of increasing the coordination of the operation of 
    hydroelectric and water storage facilities on rivers located in the 
    United States and Canada.
        (2) Criteria.--The study conducted under paragraph (1) shall 
    analyze--
            (A) projected changes to the Pacific Northwest electricity 
        supply;
            (B) potential reductions in greenhouse gas emissions;
            (C) any potential need to increase transmission capacity; 
        and
            (D) any other factor the Administrator considers to be 
        relevant for increasing bilateral coordination.
        (3) Coordination.--In conducting the study under paragraph (1), 
    the Administrator shall coordinate, to the extent practicable, 
    with--
            (A) the British Columbia or a crown corporation owned by 
        British Columbia;
            (B) the Assistant Secretary;
            (C) the Commissioner of Reclamation; and
            (D) any public utility districts that operate hydroelectric 
        projects on the mainstem of the Columbia River.
        (4) Authorization of appropriations.--There is authorized to be 
    appropriated $10,000,000, which shall be nonreimburseable, to carry 
    out this subsection.

                       Subtitle B--Cybersecurity

SEC. 40121. ENHANCING GRID SECURITY THROUGH PUBLIC-PRIVATE 
PARTNERSHIPS.
    (a) Definitions.--In this section:
        (1) Bulk-power system; electric reliability organization.--The 
    terms ``bulk-power system'' and ``Electric Reliability 
    Organization'' has the meaning given the terms in section 215(a) of 
    the Federal Power Act (16 U.S.C. 824o(a)).
        (2) Electric utility; state regulatory authority.--The terms 
    ``electric utility'' and ``State regulatory authority'' have the 
    meanings given the terms in section 3 of the Federal Power Act (16 
    U.S.C. 796).
    (b) Program to Promote and Advance Physical Security and 
Cybersecurity of Electric Utilities.--
        (1) Establishment.--The Secretary, in 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
            (C) to the maximum extent practicable, use and leverage--
                (i) existing Department and Department of Homeland 
            Security programs; and
                (ii) existing programs of the Federal agencies 
            determined to be appropriate under paragraph (1).
    (c) Report on Cybersecurity of Distribution Systems.--Not later 
than 1 year after the date of enactment of this Act, the Secretary, in 
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. ENERGY CYBER SENSE PROGRAM.
    (a) Definitions.--In this section:
        (1) Bulk-power system.--The term ``bulk-power system'' has the 
    meaning given the term in section 215(a) of the Federal Power Act 
    (16 U.S.C. 824o(a)).
        (2) Program.--The term ``program'' means the voluntary Energy 
    Cyber Sense program established under subsection (b).
    (b) Establishment.--The Secretary, in coordination with the 
Secretary of Homeland Security and in consultation with the heads of 
other relevant Federal agencies, shall establish a voluntary Energy 
Cyber Sense program to test the cybersecurity of products and 
technologies intended for use in the energy sector, including in the 
bulk-power system.
    (c) Program Requirements.--In carrying out subsection (b), the 
Secretary, in coordination with the Secretary of Homeland Security and 
in consultation with the heads of other relevant Federal agencies, 
shall--
        (1) establish a testing process under the program to test the 
    cybersecurity of products and technologies intended for use in the 
    energy sector, including products relating to industrial control 
    systems and operational technologies, such as supervisory control 
    and data acquisition systems;
        (2) for products and technologies tested under the program, 
    establish and maintain cybersecurity vulnerability reporting 
    processes and a related database that are integrated with Federal 
    vulnerability coordination processes;
        (3) provide technical assistance to electric utilities, product 
    manufacturers, and other energy sector stakeholders to develop 
    solutions to mitigate identified cybersecurity vulnerabilities in 
    products and technologies tested under the program;
        (4) biennially review products and technologies tested under 
    the program for cybersecurity vulnerabilities and provide analysis 
    with respect to how those products and technologies respond to and 
    mitigate cyber threats;
        (5) develop guidance that is informed by analysis and testing 
    results under the program for electric utilities and other 
    components of the energy sector for the procurement of products and 
    technologies;
        (6) provide reasonable notice to, and solicit comments from, 
    the public prior to establishing or revising the testing process 
    under the program;
        (7) oversee the testing of products and technologies under the 
    program; and
        (8) consider incentives to encourage the use of analysis and 
    results of testing under the program in the design of products and 
    technologies for use in the energy sector.
    (d) Protection of Information.--Information provided to, or 
collected by, the Federal Government pursuant to this section the 
disclosure of which the Secretary reasonably foresees could be 
detrimental to the physical security or cybersecurity of any component 
of the energy sector, including any electric utility or the bulk-power 
system--
        (1) shall be exempt from disclosure under section 552(b)(3) of 
    title 5, United States Code; and
        (2) shall not be made available by any Federal agency, State, 
    political subdivision of a State, or Tribal authority pursuant to 
    any Federal, State, political subdivision of a State, or Tribal 
    law, respectively, requiring public disclosure of information or 
    records.
    (e) Federal Government Liability.--Nothing in this section 
authorizes the commencement of an action against the United States with 
respect to the testing of a product or technology under the program.
SEC. 40123. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY 
INVESTMENT.
    Part II of the Federal Power Act is amended by inserting after 
section 219 (16 U.S.C. 824s) the following:
``SEC. 219A. INCENTIVES FOR CYBERSECURITY INVESTMENTS.
    ``(a) Definitions.--In this section:
        ``(1) Advanced cybersecurity technology.--The term `advanced 
    cybersecurity technology' means any technology, operational 
    capability, or service, including computer hardware, software, or a 
    related asset, that enhances the security posture of public 
    utilities through improvements in the ability to protect against, 
    detect, respond to, or recover from a cybersecurity threat (as 
    defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 
    1501)).
        ``(2) Advanced cybersecurity technology information.--The term 
    `advanced cybersecurity technology information' means information 
    relating to advanced cybersecurity technology or proposed advanced 
    cybersecurity technology that is generated by or provided to the 
    Commission or another Federal agency.
    ``(b) Study.--Not later than 180 days after the date of enactment 
of this section, the Commission, in consultation with the Secretary of 
Energy, the North American Electric Reliability Corporation, the 
Electricity Subsector Coordinating Council, and the National 
Association of Regulatory Utility Commissioners, shall conduct a study 
to identify incentive-based, including performance-based, rate 
treatments for the transmission and sale of electric energy subject to 
the jurisdiction of the Commission that could be used to encourage--
        ``(1) investment by public utilities in advanced cybersecurity 
    technology; and
        ``(2) participation by public utilities in cybersecurity threat 
    information sharing programs.
    ``(c) Incentive-Based Rate Treatment.--Not later than 1 year after 
the completion of the study under subsection (b), the Commission shall 
establish, by rule, incentive-based, including performance-based, rate 
treatments for the transmission of electric energy in interstate 
commerce and the sale of electric energy at wholesale in interstate 
commerce by public utilities for the purpose of benefitting consumers 
by encouraging--
        ``(1) investments by public utilities in advanced cybersecurity 
    technology; and
        ``(2) participation by public utilities in cybersecurity threat 
    information sharing programs.
    ``(d) Factors for Consideration.--In issuing a rule pursuant to 
this section, the Commission may provide additional incentives beyond 
those identified in subsection (c) in any case in which the Commission 
determines that an investment in advanced cybersecurity technology or 
information sharing program costs will reduce cybersecurity risks to--
        ``(1) defense critical electric infrastructure (as defined in 
    section 215A(a)) and other facilities subject to the jurisdiction 
    of the Commission that are critical to public safety, national 
    defense, or homeland security, as determined by the Commission in 
    consultation with--
            ``(A) the Secretary of Energy;
            ``(B) the Secretary of Homeland Security; and
            ``(C) other appropriate Federal agencies; and
        ``(2) facilities of small or medium-sized public utilities with 
    limited cybersecurity resources, as determined by the Commission.
    ``(e) Ratepayer Protection.--
        ``(1) In general.--Any rate approved under a rule issued 
    pursuant to this section, including any revisions to that rule, 
    shall be subject to the requirements of sections 205 and 206 that 
    all rates, charges, terms, and conditions--
            ``(A) shall be just and reasonable; and
            ``(B) shall not be unduly discriminatory or preferential.
        ``(2) Prohibition of duplicate recovery.--Any rule issued 
    pursuant to this section shall preclude rate treatments that allow 
    unjust and unreasonable double recovery for advanced cybersecurity 
    technology.
    ``(f) Single-Issue Rate Filings.--The Commission shall permit 
public utilities to apply for incentive-based rate treatment under a 
rule issued under this section on a single-issue basis by submitting to 
the Commission a tariff schedule under section 205 that permits 
recovery of costs and incentives over the depreciable life of the 
applicable assets, without regard to changes in receipts or other costs 
of the public utility.
    ``(g) Protection of Information.--Advanced cybersecurity technology 
information that is provided to, generated by, or collected by the 
Federal Government under subsection (b), (c), or (f) shall be 
considered to be critical electric infrastructure information under 
section 215A.''.
SEC. 40124. RURAL AND MUNICIPAL UTILITY ADVANCED CYBERSECURITY GRANT 
AND TECHNICAL ASSISTANCE PROGRAM.
    (a) Definitions.--In this section:
        (1) Advanced cybersecurity technology.--The term ``advanced 
    cybersecurity technology'' means any technology, operational 
    capability, or service, including computer hardware, software, or a 
    related asset, that enhances the security posture of electric 
    utilities through improvements in the ability to protect against, 
    detect, respond to, or recover from a cybersecurity threat (as 
    defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 
    1501)).
        (2) Bulk-power system.--The term ``bulk-power system'' has the 
    meaning given the term in section 215(a) of the Federal Power Act 
    (16 U.S.C. 824o(a)).
        (3) Eligible entity.--The term ``eligible entity'' means--
            (A) a rural electric cooperative;
            (B) a utility owned by a political subdivision of a State, 
        such as a municipally owned electric utility;
            (C) a utility owned by any agency, authority, corporation, 
        or instrumentality of 1 or more political subdivisions of a 
        State;
            (D) a not-for-profit entity that is in a partnership with 
        not fewer than 6 entities described in subparagraph (A), (B), 
        or (C); and
            (E) an investor-owned electric utility that sells less than 
        4,000,000 megawatt hours of electricity per year.
        (4) Program.--The term ``Program'' means the Rural and 
    Municipal Utility Advanced Cybersecurity Grant and Technical 
    Assistance Program established under subsection (b).
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in 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.
    (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) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $250,000,000 
for the period of fiscal years 2022 through 2026.
SEC. 40125. ENHANCED GRID SECURITY.
    (a) Definitions.--In this section:
        (1) Electric utility.--The term ``electric utility'' has the 
    meaning given the term in section 3 of the Federal Power Act (16 
    U.S.C. 796).
        (2) E-ISAC.--The term ``E-ISAC'' means the Electricity 
    Information Sharing and Analysis Center.
    (b) Cybersecurity for the Energy Sector Research, Development, and 
Demonstration Program.--
        (1) In general.--The Secretary, in coordination with the 
    Secretary of Homeland Security and in consultation with, as 
    determined appropriate, other Federal agencies, the energy sector, 
    the States, Indian Tribes, Tribal organizations, territories or 
    freely associated states, and other stakeholders, shall develop and 
    carry out a program--
            (A) to develop advanced cybersecurity applications and 
        technologies for the energy sector--
                (i) to identify and mitigate vulnerabilities, 
            including--

                    (I) dependencies on other critical infrastructure;
                    (II) impacts from weather and fuel supply;
                    (III) increased dependence on inverter-based 
                technologies; and
                    (IV) vulnerabilities from unpatched hardware and 
                software systems; and

                (ii) to advance the security of field devices and 
            third-party control systems, including--

                    (I) systems for generation, transmission, 
                distribution, end use, and market functions;
                    (II) specific electric grid elements including 
                advanced metering, demand response, distribution, 
                generation, and electricity storage;
                    (III) forensic analysis of infected systems;
                    (IV) secure communications; and
                    (V) application of in-line edge security solutions;

            (B) to leverage electric grid architecture as a means to 
        assess risks to the energy sector, including by implementing an 
        all-hazards approach to communications infrastructure, control 
        systems architecture, and power systems architecture;
            (C) to perform pilot demonstration projects with the energy 
        sector to gain experience with new technologies;
            (D) to develop workforce development curricula for energy 
        sector-related cybersecurity; and
            (E) to develop improved supply chain concepts for secure 
        design of emerging digital components and power electronics.
        (2) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary to carry out this subsection 
    $250,000,000 for the period of fiscal years 2022 through 2026.
    (c) Energy Sector Operational Support for Cyberresilience 
Program.--
        (1) In general.--The Secretary may develop and carry out a 
    program--
            (A) to enhance and periodically test--
                (i) the emergency response capabilities of the 
            Department; and
                (ii) the coordination of the Department with other 
            agencies, the National Laboratories, and private industry;
            (B) to expand cooperation of the Department with the 
        intelligence community for energy sector-related threat 
        collection and analysis;
            (C) to enhance the tools of the Department and E-ISAC for 
        monitoring the status of the energy sector;
            (D) to expand industry participation in E-ISAC; and
            (E) to provide technical assistance to small electric 
        utilities for purposes of assessing and improving cybermaturity 
        levels and addressing gaps identified in the assessment.
        (2) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary to carry out this subsection 
    $50,000,000 for the period of fiscal years 2022 through 2026.
    (d) Modeling and Assessing Energy Infrastructure Risk.--
        (1) In general.--The Secretary, in 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) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary to carry out this subsection 
    $50,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40126. CYBERSECURITY PLAN.
    (a) In General.--The Secretary may require, as the Secretary 
determines appropriate, a recipient of any award or other funding under 
this division--
        (1) to submit to the Secretary, prior to the issuance of the 
    award or other funding, a cybersecurity plan that demonstrates the 
    cybersecurity maturity of the recipient in the context of the 
    project for which that award or other funding was provided; and
        (2) establish a plan for maintaining and improving 
    cybersecurity throughout the life of the proposed solution of the 
    project.
    (b) Contents of Cybersecurity Plan.--A cybersecurity plan described 
in subsection (a) shall, at a minimum, describe how the recipient 
described in that subsection--
        (1) plans to maintain cybersecurity between networks, systems, 
    devices, applications, or components--
            (A) within the proposed solution of the project; and
            (B) at the necessary external interfaces at the proposed 
        solution boundaries;
        (2) will perform ongoing evaluation of cybersecurity risks to 
    address issues as the issues arise throughout the life of the 
    proposed solution;
        (3) will report known or suspected network or system 
    compromises of the project to the Secretary; and
        (4) will leverage applicable cybersecurity programs of the 
    Department, including cyber vulnerability testing and security 
    engineering evaluations.
    (c) Additional Guidance.--Each recipient described in subsection 
(a) should--
        (1) maximize the use of open guidance and standards, including, 
    wherever possible--
            (A) the Cybersecurity Capability Maturity Model of the 
        Department (or a successor model); and
            (B) the Framework for Improving Critical Infrastructure 
        Cybersecurity of the National Institute of Standards and 
        Technology; and
        (2) document --
            (A) any deviation from open standards; and
            (B) the utilization of proprietary standards where the 
        recipient determines that such deviation necessary.
    (d) Coordination.--The Office of Cybersecurity, Energy Security, 
and Emergency Response of the Department shall review each 
cybersecurity plan submitted under subsection (a) to ensure integration 
with Department research, development, and demonstration programs.
    (e) Protection of Information.--Information provided to, or 
collected by, the Federal Government pursuant to this section the 
disclosure of which the Secretary reasonably foresees could be 
detrimental to the physical security or cybersecurity of any electric 
utility or the bulk-power system--
        (1) shall be exempt from disclosure under section 552(b)(3) of 
    title 5, United States Code; and
        (2) shall not be made available by any Federal agency, State, 
    political subdivision of a State, or Tribal authority pursuant to 
    any Federal, State, political subdivision of a State, or Tribal 
    law, respectively, requiring public disclosure of information or 
    records.
SEC. 40127. SAVINGS PROVISION.
    Nothing in this subtitle affects the authority, existing on the day 
before the date of enactment of this Act, of any other Federal 
department or agency, including the authority provided to the Secretary 
of Homeland Security and the Director of the Cybersecurity and 
Infrastructure Security Agency in title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.).

         TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES

SEC. 40201. EARTH MAPPING RESOURCES INITIATIVE.
    (a) Definition of Critical Mineral.--In this section, the term 
``critical mineral'' has the meaning given the term in section 7002(a) 
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
    (b) Establishment.--There is established within the United States 
Geological Survey an initiative, to be known as the ``Earth Mapping 
Resources Initiative'' (referred to in this section as the 
``Initiative'').
    (c) Purpose.--The purpose of the Initiative shall be to accelerate 
efforts to carry out the fundamental resources and mapping mission of 
the United States Geological Survey by--
        (1) providing integrated topographic, geologic, geochemical, 
    and geophysical mapping;
        (2) accelerating the integration and consolidation of 
    geospatial and resource data; and
        (3) providing interpretation of subsurface and above-ground 
    mineral resources data.
    (d) Cooperative Agreements.--
        (1) In general.--In carrying out the Initiative, the Director 
    of the United States Geological Survey may enter into cooperative 
    agreements with State geological surveys.
        (2) Effect.--Nothing in paragraph (1) precludes the Director of 
    the United States Geological Survey from using existing contracting 
    authorities in carrying out the Initiative.
    (e) Comprehensive Mapping Modernization.--
        (1) In general.--Not later than 10 years after the date of 
    enactment of this Act, the Initiative shall complete an initial 
    comprehensive national modern surface and subsurface mapping and 
    data integration effort.
        (2) Approach.--In carrying out paragraph (1) with regard to 
    minerals, mineralization, and mineral deposits, the Initiative 
    shall focus on the full range of minerals, using a whole ore body 
    approach rather than a single commodity approach, to emphasize all 
    of the recoverable critical minerals in a given surface or 
    subsurface deposit.
        (3) Priority.--In carrying out paragraph (1) with regard to 
    minerals, mineralization, and mineral deposits, the Initiative 
    shall prioritize mapping and assessing critical minerals.
        (4) Inclusions.--In carrying out paragraph (1), the Initiative 
    shall also--
            (A) map and collect data for areas containing mine waste to 
        increase understanding of above-ground critical mineral 
        resources in previously disturbed areas; and
            (B) provide for analysis of samples, including samples 
        within the National Geological and Geophysical Data 
        Preservation Program established under section 351(b) of the 
        Energy Policy Act of 2005 (42 U.S.C. 15908(b)) for the 
        occurrence of critical minerals.
    (f) Availability.--The Initiative shall make the geospatial data 
and metadata gathered by the Initiative under subsection (e)(1) 
electronically publicly accessible on an ongoing basis.
    (g) Integration of Data Sources.--The Initiative shall integrate 
data sources, including data from--
        (1) the National Cooperative Geologic Mapping Program 
    established by section 4(a)(1) of the National Geologic Mapping Act 
    of 1992 (43 U.S.C. 31c(a)(1));
        (2) the National Geological and Geophysical Data Preservation 
    Program established under section 351(b) of the Energy Policy Act 
    of 2005 (42 U.S.C. 15908(b));
        (3) the USMIN Mineral Deposit Database of the United States 
    Geological Survey;
        (4) the 3D Elevation Program established under section 5(a) of 
    the National Landslide Preparedness Act (43 U.S.C. 3104(a)); and
        (5) other relevant sources, including sources providing 
    geothermal resources data.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $320,000,000 
for the period of fiscal years 2022 through 2026, to remain available 
until expended.
SEC. 40202. NATIONAL COOPERATIVE GEOLOGIC MAPPING PROGRAM.
    (a) In General.--Section 4(d) of the National Geologic Mapping Act 
of 1992 (43 U.S.C. 31c(d)) is amended by adding at the end the 
following:
        ``(4) Abandoned mine land and mine waste component.--
            ``(A) In general.--The geologic mapping program shall 
        include an abandoned mine land and mine waste geologic mapping 
        component, the objective of which shall be to establish the 
        geologic framework of abandoned mine land and other land 
        containing mine waste.
            ``(B) Mapping priorities.--For the component described in 
        subparagraph (A), the priority shall be mapping abandoned mine 
        land and other land containing mine waste where multiple 
        critical mineral (as defined in section 7002(a) of the Energy 
        Act of 2020 (30 U.S.C. 1606(a))) and metal commodities are 
        anticipated to be present, rather than single mineral 
        resources.''.
    (b) Authorization of Appropriations.--Section 9(a) of the National 
Geologic Mapping Act of 1992 (43 U.S.C. 31h(a)) is amended by striking 
``2023'' and inserting ``2031''.
SEC. 40203. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION 
PROGRAM.
    Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 
15908(b)) is amended--
        (1) in paragraph (2), by striking ``and'' after the semicolon;
        (2) in paragraph (3), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(4) to provide for preservation of samples to track 
    geochemical signatures from critical mineral (as defined in section 
    7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) ore bodies 
    for use in provenance tracking frameworks.''.
SEC. 40204. USGS ENERGY AND MINERALS RESEARCH FACILITY.
    (a) Establishment.--The Director of the United States Geological 
Survey (referred to in this section as the ``Director''), shall fund, 
through a cooperative agreement with an academic partner, the design, 
construction, and tenant build-out of a facility to support energy and 
minerals research and appurtenant associated structures.
    (b) Ownership.--The United States Geological Survey shall retain 
ownership of the facility and associated structures described in 
subsection (a).
    (c) Agreements.--The Director may enter into agreements with, and 
to collect and expend funds or in-kind contributions from, academic, 
Federal, State, or other tenants over the life of the facility 
described in subsection (a) for the purposes of--
        (1) facility planning;
        (2) design;
        (3) maintenance;
        (4) operation; or
        (5) facility improvements.
    (d) Leases.--The Director may enter into a lease or other agreement 
with the academic partner with which the Director has entered into a 
cooperative agreement under subsection (a), at no cost to the Federal 
Government, to obtain land on which to construct the facility described 
in that subsection for a term of not less than 99 years.
    (e) Reports.--The Director shall submit to Congress annual reports 
on--
        (1) the facility described in subsection (a); and
        (2) the authorities used under this section.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior to carry out this section 
$167,000,000 for fiscal year 2022, to remain available until expended.
SEC. 40205. RARE EARTH ELEMENTS DEMONSTRATION FACILITY.
    Section 7001 of the Energy Act of 2020 (42 U.S.C. 13344) is 
amended--
        (1) in subsection (b), by inserting ``and annually thereafter 
    while the facility established under subsection (c) remains in 
    operation,'' after ``enactment of this Act,'';
        (2) by redesignating subsection (c) as subsection (d); and
        (3) by inserting after subsection (b) the following:
    ``(c) Rare Earth Demonstration Facility.--
        ``(1) Establishment.--In coordination with the research program 
    under subsection (a)(1)(A), the Secretary shall fund, through an 
    agreement with an academic partner, the design, construction, and 
    build-out of a facility to demonstrate the commercial feasibility 
    of a full-scale integrated rare earth element extraction and 
    separation facility and refinery.
        ``(2) Facility activities.--The facility established under 
    paragraph (1) shall--
            ``(A) provide environmental benefits through use of 
        feedstock derived from acid mine drainage, mine waste, or other 
        deleterious material;
            ``(B) separate mixed rare earth oxides into pure oxides of 
        each rare earth element;
            ``(C) refine rare earth oxides into rare earth metals; and
            ``(D) provide for separation of rare earth oxides and 
        refining into rare earth metals at a single site.
        ``(3) Authorization of appropriations.--There is authorized to 
    be appropriated to the Secretary to carry out this subsection 
    $140,000,000 for fiscal year 2022, to remain available until 
    expended.''.
SEC. 40206. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY.
    (a) Definition of Critical Mineral.--In this section, the term 
``critical mineral'' has the meaning given the term in section 7002(a) 
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) critical minerals are fundamental to the economy, 
    competitiveness, and security of the United States;
        (2) many critical minerals are only economic to recover when 
    combined with the production of a host mineral;
        (3) to the maximum extent practicable, the critical mineral 
    needs of the United States should be satisfied by minerals 
    responsibly produced and recycled in the United States; and
        (4) the Federal permitting process has been identified as an 
    impediment to mineral production and the mineral security of the 
    United States.
    (c) Federal Permitting and Review Performance Improvements.--To 
improve the quality and timeliness of Federal permitting and review 
processes with respect to critical mineral production on Federal land, 
the Secretary of the Interior, acting through the Director of the 
Bureau of Land Management, and the Secretary of Agriculture, acting 
through the Chief of the Forest Service (referred to in this section as 
the ``Secretaries''), to the maximum extent practicable, shall complete 
the Federal permitting and review processes with maximum efficiency and 
effectiveness, while supporting vital economic growth, by--
        (1) establishing and adhering to timelines and schedules for 
    the consideration of, and final decisions regarding, applications, 
    operating plans, leases, licenses, permits, and other use 
    authorizations for critical mineral-related activities on Federal 
    land;
        (2) establishing clear, quantifiable, and temporal permitting 
    performance goals and tracking progress against those goals;
        (3) engaging in early collaboration among agencies, project 
    sponsors, and affected stakeholders--
            (A) to incorporate and address the interests of those 
        parties; and
            (B) to minimize delays;
        (4) ensuring transparency and accountability by using cost-
    effective information technology to collect and disseminate 
    information regarding individual projects and agency performance;
        (5) engaging in early and active consultation with State, 
    local, and Tribal governments--
            (A) to avoid conflicts or duplication of effort;
            (B) to resolve concerns; and
            (C) to allow for concurrent, rather than sequential, 
        reviews;
        (6) providing demonstrable improvements in the performance of 
    Federal permitting and review processes, including lower costs and 
    more timely decisions;
        (7) expanding and institutionalizing Federal permitting and 
    review process improvements that have proven effective;
        (8) developing mechanisms to better communicate priorities and 
    resolve disputes among agencies at the national, regional, State, 
    and local levels; and
        (9) developing other practices, such as preapplication 
    procedures.
    (d) Review and Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretaries shall submit to Congress a 
report that--
        (1) identifies additional measures, including regulatory and 
    legislative proposals, if appropriate, that would increase the 
    timeliness of permitting activities for the exploration and 
    development of domestic critical minerals;
        (2) identifies options, including cost recovery paid by permit 
    applicants, for ensuring adequate staffing and training of Federal 
    entities and personnel responsible for the consideration of 
    applications, operating plans, leases, licenses, permits, and other 
    use authorizations for critical mineral-related activities on 
    Federal land;
        (3) quantifies the period of time typically required to 
    complete each step associated with the development and processing 
    of applications, operating plans, leases, licenses, permits, and 
    other use authorizations for critical mineral-related activities on 
    Federal land, including by--
            (A) calculating the range, the mean, the median, the 
        variance, and other statistical measures or representations of 
        the period of time; and
            (B) taking into account other aspects that affect the 
        period of time that are outside the control of the Executive 
        branch, such as judicial review, applicant decisions, or State 
        and local government involvement; and
        (4) describes actions carried out pursuant to subsection (c).
    (e) Performance Metric.--Not later than 90 days after the date of 
submission of the report under subsection (d), and after providing 
public notice and an opportunity to comment, the Secretaries, using as 
a baseline the period of time quantified under paragraph (3) of that 
subsection, shall develop and publish a performance metric for 
evaluating the progress made by the Executive branch to expedite the 
permitting of activities that will increase exploration for, and 
development of, domestic critical minerals, while maintaining 
environmental standards.
    (f) Annual Reports.--Not later than the date on which the President 
submits the first budget of the President under section 1105 of title 
31, United States Code, after publication of the performance metric 
required under subsection (e), and annually thereafter, the Secretaries 
shall submit to Congress a report that--
        (1) summarizes the implementation of recommendations, measures, 
    and options identified in paragraphs (1) and (2) of subsection (d);
        (2) using the performance metric developed under subsection 
    (e), describes progress made by the Executive branch, as compared 
    to the baseline developed pursuant to subsection (d)(3), in 
    expediting the permitting of activities that will increase 
    exploration for, and development of, domestic critical minerals; 
    and
        (3) compares the United States to other countries in terms of 
    permitting efficiency and any other criteria relevant to the 
    globally competitive critical minerals industry.
    (g) Individual Projects.--Each year, using data contained in the 
reports submitted under subsection (f), the Director of the Office of 
Management and Budget shall prioritize inclusion of individual critical 
mineral projects on the website operated by the Office of Management 
and Budget in accordance with section 1122 of title 31, United States 
Code.
SEC. 40207. BATTERY PROCESSING AND MANUFACTURING.
    (a) Definitions.--In this section:
        (1) Advanced battery.--The term ``advanced battery'' means a 
    battery that consists of a battery cell that can be integrated into 
    a module, pack, or system to be used in energy storage 
    applications, including electric vehicles and the electric grid.
        (2) Advanced battery component.--
            (A) In general.--The term ``advanced battery component'' 
        means a component of an advanced battery.
            (B) Inclusions.--The term ``advanced battery component'' 
        includes materials, enhancements, enclosures, anodes, cathodes, 
        electrolytes, cells, and other associated technologies that 
        comprise an advanced battery.
        (3) Battery material.--The term ``battery material'' means the 
    raw and processed form of a mineral, metal, chemical, or other 
    material used in an advanced battery component.
        (4) Eligible entity.--The term ``eligible entity'' means an 
    entity described in any of paragraphs (1) through (5) of section 
    989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)).
        (5) Foreign entity of concern.--The term ``foreign entity of 
    concern'' means a foreign entity that is--
            (A) designated as a foreign terrorist organization by the 
        Secretary of State under section 219(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1189(a));
            (B) included on the list of specially designated nationals 
        and blocked persons maintained by the Office of Foreign Assets 
        Control of the Department of the Treasury (commonly known as 
        the ``SDN list'');
            (C) owned by, controlled by, or subject to the jurisdiction 
        or direction of a government of a foreign country that is a 
        covered nation (as defined in section 2533c(d) of title 10, 
        United States Code);
            (D) alleged by the Attorney General to have been involved 
        in activities for which a conviction was obtained under--
                (i) chapter 37 of title 18, United States Code 
            (commonly known as the ``Espionage Act'');
                (ii) section 951 or 1030 of title 18, United States 
            Code;
                (iii) chapter 90 of title 18, United States Code 
            (commonly known as the ``Economic Espionage Act of 1996'');
                (iv) the Arms Export Control Act (22 U.S.C. 2751 et 
            seq.);
                (v) section 224, 225, 226, 227, or 236 of the Atomic 
            Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 
            2284);
                (vi) the Export Control Reform Act of 2018 (50 U.S.C. 
            4801 et seq.); or
                (vii) the International Emergency Economic Powers Act 
            (50 U.S.C. 1701 et seq.); or
            (E) determined by the Secretary, in consultation with the 
        Secretary of Defense and the Director of National Intelligence, 
        to be engaged in unauthorized conduct that is detrimental to 
        the national security or foreign policy of the United States.
        (6) Manufacturing.--The term ``manufacturing'', with respect to 
    an advanced battery and an advanced battery component, means the 
    industrial and chemical steps taken to produce that advanced 
    battery or advanced battery component, respectively.
        (7) Processing.--The term ``processing'', with respect to 
    battery material, means the refining of materials, including the 
    treating, baking, and coating processes used to convert raw 
    products into constituent materials employed directly in advanced 
    battery manufacturing.
        (8) Recycling.--The term ``recycling'' means the recovery of 
    materials from advanced batteries to be reused in similar 
    applications, including the extracting, processing, and recoating 
    of battery materials and advanced battery components.
    (b) Battery Material Processing Grants.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary shall establish within the 
    Office of Fossil Energy a program, to be known as the ``Battery 
    Material Processing Grant Program'' (referred to in this subsection 
    as the ``program''), under which the Secretary shall award grants 
    in accordance with this subsection.
        (2) Purposes.--The purposes of the program are--
            (A) to ensure that the United States has a viable battery 
        materials processing industry to supply the North American 
        battery supply chain;
            (B) to expand the capabilities of the United States in 
        advanced battery manufacturing;
            (C) to enhance national security by reducing the reliance 
        of the United States on foreign competitors for critical 
        materials and technologies; and
            (D) to enhance the domestic processing capacity of minerals 
        necessary for battery materials and advanced batteries.
        (3) Grants.--
            (A) In general.--Under the program, the Secretary shall 
        award grants to eligible entities--
                (i) to carry out 1 or more demonstration projects in 
            the United States for the processing of battery materials;
                (ii) to construct 1 or more new commercial-scale 
            battery material processing facilities in the United 
            States; and
                (iii) to retool, retrofit, or expand 1 or more existing 
            battery material processing facilities located in the 
            United States and determined qualified by the Secretary.
            (B) Amount limitation.--The amount of a grant awarded under 
        the program shall be not less than--
                (i) $50,000,000 for an eligible entity carrying out 1 
            or more projects described in subparagraph (A)(i);
                (ii) $100,000,000 for an eligible entity carrying out 1 
            or more projects described in subparagraph (A)(ii); and
                (iii) $50,000,000 for an eligible entity carrying out 1 
            or more projects described in subparagraph (A)(iii).
            (C) Priority; consideration.--In awarding grants to 
        eligible entities under the program, the Secretary shall--
                (i) give priority to an eligible entity that--

                    (I) is located and operates in the United States;
                    (II) is owned by a United States entity;
                    (III) deploys North American-owned intellectual 
                property and content;
                    (IV) represents consortia or industry partnerships; 
                and
                    (V) will not use battery material supplied by or 
                originating from a foreign entity of concern; and

                (ii) take into consideration whether a project--

                    (I) provides workforce opportunities in low- and 
                moderate-income communities;
                    (II) encourages partnership with universities and 
                laboratories to spur innovation and drive down costs;
                    (III) partners with Indian Tribes; and
                    (IV) takes into account--

                        (aa) greenhouse gas emissions reductions and 
                    energy efficient battery material processing 
                    opportunities throughout the manufacturing process; 
                    and
                        (bb) supply chain logistics.
        (4) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary to carry out the program 
    $3,000,000,000 for the period of fiscal years 2022 through 2026, to 
    remain available until expended.
    (c) Battery Manufacturing and Recycling Grants.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary shall establish within the 
    Office of Energy Efficiency and Renewable Energy a battery 
    manufacturing and recycling grant program (referred to in this 
    subsection as the ``program'').
        (2) Purpose.--The purpose of the program is to ensure that the 
    United States has a viable domestic manufacturing and recycling 
    capability to support and sustain a North American battery supply 
    chain.
        (3) Grants.--
            (A) In general.--Under the program, the Secretary shall 
        award grants to eligible entities--
                (i) to carry out 1 or more demonstration projects for 
            advanced battery component manufacturing, advanced battery 
            manufacturing, and recycling;
                (ii) to construct 1 or more new commercial-scale 
            advanced battery component manufacturing, advanced battery 
            manufacturing, or recycling facilities in the United 
            States; and
                (iii) to retool, retrofit, or expand 1 or more existing 
            facilities located in the United States and determined 
            qualified by the Secretary for advanced battery component 
            manufacturing, advanced battery manufacturing, and 
            recycling.
            (B) Amount limitation.--The amount of a grant awarded under 
        the program shall be not less than--
                (i) $50,000,000 for an eligible entity carrying out 1 
            or more projects described in subparagraph (A)(i);
                (ii) $100,000,000 for an eligible entity carrying out 1 
            or more projects described in subparagraph (A)(ii); and
                (iii) $50,000,000 for an eligible entity carrying out 1 
            or more projects described in subparagraph (A)(iii).
            (C) Priority; consideration.--In awarding grants to 
        eligible entities under the program, the Secretary shall--
                (i) give priority to an eligible entity that--

                    (I) is located and operates in the United States;
                    (II) is owned by a United States entity;
                    (III) deploys North American-owned intellectual 
                property and content;
                    (IV) represents consortia or industry partnerships; 
                and
                    (V)(aa) if the eligible entity will use the grant 
                for advanced battery component manufacturing, will not 
                use battery material supplied by or originating from a 
                foreign entity of concern; or
                    (bb) if the eligible entity will use the grant for 
                battery recycling, will not export recovered critical 
                materials to a foreign entity of concern; and

                (ii) take into consideration whether a project--

                    (I) provides workforce opportunities in low- and 
                moderate-income or rural communities;
                    (II) provides workforce opportunities in 
                communities that have lost jobs due to the 
                displacements of fossil energy jobs;
                    (III) encourages partnership with universities and 
                laboratories to spur innovation and drive down costs;
                    (IV) partners with Indian Tribes;
                    (V) takes into account--

                        (aa) greenhouse gas emissions reductions and 
                    energy efficient battery material processing 
                    opportunities throughout the manufacturing process; 
                    and
                        (bb) supply chain logistics; and

                    (VI) utilizes feedstock produced in the United 
                States.

        (4) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary to carry out the program 
    $3,000,000,000 for the period of fiscal years 2022 through 2026, to 
    remain available until expended.
    (d) Reporting Requirements.--Not later than 1 year after the date 
of enactment of this Act, and annually thereafter, the Secretary shall 
submit to Congress a report on the grant programs established under 
subsections (b) and (c), including, with respect to each grant program, 
a description of--
        (1) the number of grant applications received;
        (2) the number of grants awarded and the amount of each award;
        (3) the purpose and status of each project carried out using a 
    grant; and
        (4) any other information the Secretary determines necessary.
    (e) Lithium-Ion Battery Recycling Prize Competition.--
        (1) In general.--The Secretary shall continue to carry out the 
    Lithium-Ion Battery Recycling Prize Competition of the Department 
    established pursuant to section 24 of the Stevenson-Wydler 
    Technology Innovation Act of 1980 (15 U.S.C. 3719) (referred to in 
    this subsection as the ``competition'').
        (2) Authorization of appropriations for pilot projects.--
            (A) In general.--There is authorized to be appropriated to 
        the Secretary to carry out Phase III of the competition, 
        $10,000,000 for fiscal year 2022, to remain available until 
        expended.
            (B) Use of funds.--The Secretary may use amounts made 
        available under subparagraph (A)--
                (i) to increase the number of winners of Phase III of 
            the competition;
                (ii) to increase the amount awarded to each winner of 
            Phase III of the competition; and
                (iii) to carry out any other activity that is 
            consistent with the goals of Phase III of the competition, 
            as determined by the Secretary.
    (f) Battery and Critical Mineral Recycling.--
        (1) Definitions.--In this subsection:
            (A) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (B) Battery.--The term ``battery'' means a device that--
                (i) consists of 1 or more electrochemical cells that 
            are electrically connected; and
                (ii) is designed to store and deliver electric energy.
            (C) Battery producer.--The term ``battery producer'' means, 
        with respect to a covered battery or covered battery-containing 
        product that is sold, offered for sale, or distributed for sale 
        in the United States, including through retail, wholesale, 
        business-to-business, and online sale, the following applicable 
        entity:
                (i) A person who--

                    (I) manufactures the covered battery or covered 
                battery-containing product; and
                    (II) sells or offers for sale the covered battery 
                or covered battery-containing product under the brand 
                of that person.

                (ii) If there is no person described in clause (i) with 
            respect to the covered battery or covered battery-
            containing product, the owner or licensee of the brand 
            under which the covered battery or covered battery-
            containing product is sold, offered for sale, or 
            distributed, regardless of whether the trademark of the 
            brand is registered.
                (iii) If there is no person described in clause (i) or 
            (ii) with respect to the covered battery or covered 
            battery-containing product, a person that imports the 
            covered battery or covered battery-containing product into 
            the United States for sale or distribution.
            (D) Covered battery.--The term ``covered battery'' means a 
        new or unused primary battery or rechargeable battery.
            (E) Covered battery-containing product.--The term ``covered 
        battery-containing product'' means a new or unused product that 
        contains or is packaged with a primary battery or rechargeable 
        battery.
            (F) Critical mineral.--The term ``critical mineral'' has 
        the meaning given the term in section 7002(a) of the Energy Act 
        of 2020 (30 U.S.C. 1606(a)).
            (G) Primary battery.--The term ``primary battery'' means a 
        nonrechargeable battery that weighs not more than 4.4 pounds, 
        including an alkaline, carbon-zinc, and lithium metal battery.
            (H) Rechargeable battery.--
                (i) In general.--The term ``rechargeable battery'' 
            means a battery that--

                    (I) contains 1 or more voltaic or galvanic cells 
                that are electrically connected to produce electric 
                energy;
                    (II) is designed to be recharged;
                    (III) weighs not more than 11 pounds; and
                    (IV) has a watt-hour rating of not more than 300 
                watt-hours.

                (ii) Exclusions.--The term ``rechargeable battery'' 
            does not include a battery that--

                    (I) contains electrolyte as a free liquid; or
                    (II) employs lead-acid technology, unless that 
                battery is sealed and does not contain electrolyte as a 
                free liquid.

            (I) Recycling.--The term ``recycling'' means the series of 
        activities--
                (i) during which recyclable materials are processed 
            into specification-grade commodities, and consumed as raw-
            material feedstock, in lieu of virgin materials, in the 
            manufacturing of new products;
                (ii) that may include collection, processing, and 
            brokering; and
                (iii) that result in subsequent consumption by a 
            materials manufacturer, including for the manufacturing of 
            new products.
        (2) Battery recycling research, development, and demonstration 
    grants.--
            (A) In general.--The Secretary, in coordination with the 
        Administrator, shall award multiyear grants to eligible 
        entities for research, development, and demonstration projects 
        to create innovative and practical approaches to increase the 
        reuse and recycling of batteries, including by addressing--
                (i) recycling activities;
                (ii) the development of methods to promote the design 
            and production of batteries that take into full account and 
            facilitate the dismantling, reuse, recovery, and recycling 
            of battery components and materials;
                (iii) strategies to increase consumer acceptance of, 
            and participation in, the recycling of batteries;
                (iv) the extraction or recovery of critical minerals 
            from batteries that are recycled;
                (v) the integration of increased quantities of recycled 
            critical minerals in batteries and other products to 
            develop markets for recycled battery materials and critical 
            minerals;
                (vi) safe disposal of waste materials and components 
            recovered during the recycling process;
                (vii) the protection of the health and safety of all 
            persons involved in, or in proximity to, recycling and 
            reprocessing activities, including communities located near 
            recycling and materials reprocessing facilities;
                (viii) mitigation of environmental impacts that arise 
            from recycling batteries, including disposal of toxic 
            reagents and byproducts related to recycling processes;
                (ix) protection of data privacy associated with 
            collected covered battery-containing products;
                (x) the optimization of the value of material derived 
            from recycling batteries; and
                (xi) the cost-effectiveness and benefits of the reuse 
            and recycling of batteries and critical minerals.
            (B) Eligible entities.--The Secretary, in coordination with 
        the Administrator, may award a grant under subparagraph (A) 
        to--
                (i) an institution of higher education;
                (ii) a National Laboratory;
                (iii) a Federal research agency;
                (iv) a State research agency;
                (v) a nonprofit organization;
                (vi) an industrial entity;
                (vii) a manufacturing entity;
                (viii) a private battery-collection entity;
                (ix) an entity operating 1 or more battery recycling 
            activities;
                (x) a State or municipal government entity;
                (xi) a battery producer;
                (xii) a battery retailer; or
                (xiii) a consortium of 2 or more entities described in 
            clauses (i) through (xii).
            (C) Applications.--
                (i) In general.--To be eligible to receive a grant 
            under subparagraph (A), an eligible entity described in 
            subparagraph (B) shall submit to the Secretary an 
            application at such time, in such manner, and containing 
            such information as the Secretary may require.
                (ii) Contents.--An application submitted under clause 
            (i) shall describe how the project will promote 
            collaboration among--

                    (I) battery producers and manufacturers;
                    (II) battery material and equipment manufacturers;
                    (III) battery recyclers, collectors, and refiners; 
                and
                    (IV) retailers.

            (D) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this paragraph 
        $60,000,000 for the period of fiscal years 2022 through 2026.
        (3) State and local programs.--
            (A) In general.--The Secretary, in coordination with the 
        Administrator, shall establish a program under which the 
        Secretary shall award grants, on a competitive basis, to States 
        and units of local government to assist in the establishment or 
        enhancement of State battery collection, recycling, and 
        reprocessing programs.
            (B) Non-federal cost share.--The non-Federal share of the 
        cost of a project carried out using a grant under this 
        paragraph shall be 50 percent of the cost of the project.
            (C) Report.--Not later than 2 years after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit to Congress a report that describes the number of 
        battery collection points established or enhanced, an estimate 
        of jobs created, and the quantity of material collected as a 
        result of the grants awarded under subparagraph (A).
            (D) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this paragraph 
        $50,000,000 for the period of fiscal years 2022 through 2026.
        (4) Retailers as collection points.--
            (A) In general.--The Secretary shall award grants, on a 
        competitive basis, to retailers that sell covered batteries or 
        covered battery-containing products to establish and implement 
        a system for the acceptance and collection of covered batteries 
        and covered battery-containing products, as applicable, for 
        reuse, recycling, or proper disposal.
            (B) Collection system.--A system described in subparagraph 
        (A) shall include take-back of covered batteries--
                (i) at no cost to the consumer; and
                (ii) on a regular, convenient, and accessible basis.
            (C) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this paragraph 
        $15,000,000 for the period of fiscal years 2022 through 2026.
        (5) Task force on producer responsibilities.--
            (A) In general.--The Secretary, in coordination with the 
        Administrator, shall convene a task force to develop an 
        extended battery producer responsibility framework that--
                (i) addresses battery recycling goals, cost structures 
            for mandatory recycling, reporting requirements, product 
            design, collection models, and transportation of collected 
            materials;
                (ii) provides sufficient flexibility to allow battery 
            producers to determine cost-effective strategies for 
            compliance with the framework; and
                (iii) outlines regulatory pathways for effective 
            recycling.
            (B) Task force members.--Members of the task force convened 
        under subparagraph (A) shall include--
                (i) battery producers, manufacturers, retailers, 
            recyclers, and collectors or processors;
                (ii) States and municipalities; and
                (iii) other relevant stakeholders, such as 
            environmental, energy, or consumer organizations, as 
            determined by the Secretary.
            (C) Report.--Not later than 1 year after the date on which 
        the Secretary, in coordination with Administrator, convenes the 
        task force under subparagraph (A), the Secretary shall submit 
        to Congress a report that--
                (i) describes the extended producer responsibility 
            framework developed by the task force;
                (ii) includes the recommendations of the task force on 
            how best to implement a mandatory pay-in or other 
            enforcement mechanism to ensure that battery producers and 
            sellers are contributing to the recycling of batteries; and
                (iii) suggests regulatory pathways for effective 
            recycling.
        (6) Effect on mercury-containing and rechargeable battery 
    management act.--Nothing in this subsection, or any regulation, 
    guideline, framework, or policy adopted or promulgated pursuant to 
    this subsection, shall modify or otherwise affect the provisions of 
    the Mercury-Containing and Rechargeable Battery Management Act (42 
    U.S.C. 14301 et seq.).
SEC. 40208. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING AND SECOND-LIFE 
APPLICATIONS PROGRAM.
    Section 641 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17231) is amended--
        (1) by striking subsection (k) and inserting the following:
    ``(k) Electric Drive Vehicle Battery Second-Life Applications and 
Recycling.--
        ``(1) Definitions.--In this subsection:
            ``(A) Battery recycling and second-life applications 
        program.--The term `battery recycling and second-life 
        applications program' means the electric drive vehicle battery 
        recycling and second-life applications program established 
        under paragraph (3).
            ``(B) Critical material.--The term `critical material' has 
        the meaning given the term in section 7002(a) of the Energy Act 
        of 2020 (30 U.S.C. 1606(a)).
            ``(C) Economically distressed area.--The term `economically 
        distressed area' means an area described in section 301(a) of 
        the Public Works and Economic Development Act of 1965 (42 
        U.S.C. 3161(a)).
            ``(D) Electric drive vehicle battery.--The term `electric 
        drive vehicle battery' means any battery that is a motive power 
        source for an electric drive vehicle.
            ``(E) Eligible entity.--The term `eligible entity' means an 
        entity described in any of paragraphs (1) through (5) of 
        section 989(b) of the Energy Policy Act of 2005 (42 U.S.C. 
        16353(b)).
        ``(2) Program.--The Secretary shall carry out a program of 
    research, development, and demonstration of--
            ``(A) second-life applications for electric drive vehicle 
        batteries that have been used to power electric drive vehicles; 
        and
            ``(B) technologies and processes for final recycling and 
        disposal of the devices described in subparagraph (A).
        ``(3) Electric drive vehicle battery recycling and second-life 
    applications.--
            ``(A) In general.--In carrying out the program under 
        paragraph (2), the Secretary shall establish an electric drive 
        vehicle battery recycling and second-life applications program 
        under which the Secretary shall--
                ``(i) award grants under subparagraph (D); and
                ``(ii) carry out other activities in accordance with 
            this paragraph.
            ``(B) Purposes.--The purposes of the battery recycling and 
        second-life applications program are the following:
                ``(i) To improve the recycling rates and second-use 
            adoption rates of electric drive vehicle batteries.
                ``(ii) To optimize the design and adaptability of 
            electric drive vehicle batteries to make electric drive 
            vehicle batteries more easily recyclable.
                ``(iii) To establish alternative supply chains for 
            critical materials that are found in electric drive vehicle 
            batteries.
                ``(iv) To reduce the cost of manufacturing, 
            installation, purchase, operation, and maintenance of 
            electric drive vehicle batteries.
                ``(v) To improve the environmental impact of electric 
            drive vehicle battery recycling processes.
            ``(C) Targets.--In carrying out the battery recycling and 
        second-life applications program, the Secretary shall address 
        near-term (up to 2 years), mid-term (up to 5 years), and long-
        term (up to 10 years) challenges to the recycling of electric 
        drive vehicle batteries.
            ``(D) Grants.--
                ``(i) In general.--In carrying out the battery 
            recycling and second-life applications program, the 
            Secretary shall award multiyear grants on a competitive, 
            merit-reviewed basis to eligible entities--

                    ``(I) to conduct research, development, testing, 
                and evaluation of solutions to increase the rate and 
                productivity of electric drive vehicle battery 
                recycling; and
                    ``(II) for research, development, and demonstration 
                projects to create innovative and practical approaches 
                to increase the recycling and second-use of electric 
                drive vehicle batteries, including by addressing--

                        ``(aa) technology to increase the efficiency of 
                    electric drive vehicle battery recycling and 
                    maximize the recovery of critical materials for use 
                    in new products;
                        ``(bb) expanded uses for critical materials 
                    recovered from electric drive vehicle batteries;
                        ``(cc) product design and construction to 
                    facilitate the disassembly and recycling of 
                    electric drive vehicle batteries;
                        ``(dd) product design and construction and 
                    other tools and techniques to extend the lifecycle 
                    of electric drive vehicle batteries, including 
                    methods to promote the safe second-use of electric 
                    drive vehicle batteries;
                        ``(ee) strategies to increase consumer 
                    acceptance of, and participation in, the recycling 
                    of electric drive vehicle batteries;
                        ``(ff) improvements and changes to electric 
                    drive vehicle battery chemistries that include ways 
                    to decrease processing costs for battery recycling 
                    without sacrificing front-end performance;
                        ``(gg) second-use of electric drive vehicle 
                    batteries, including in applications outside of the 
                    automotive industry; and
                        ``(hh) the commercialization and scale-up of 
                    electric drive vehicle battery recycling 
                    technologies.
                ``(ii) Priority.--In awarding grants under clause (i), 
            the Secretary shall give priority to projects that--

                    ``(I) are located in geographically diverse regions 
                of the United States;
                    ``(II) include business commercialization plans 
                that have the potential for the recycling of electric 
                drive vehicle batteries at high volumes;
                    ``(III) support the development of advanced 
                manufacturing technologies that have the potential to 
                improve the competitiveness of the United States in the 
                international electric drive vehicle battery 
                manufacturing sector;
                    ``(IV) provide the greatest potential to reduce 
                costs for consumers and promote accessibility and 
                community implementation of demonstrated technologies;
                    ``(V) increase disclosure and transparency of 
                information to consumers;
                    ``(VI) support the development or demonstration of 
                projects in economically distressed areas; and
                    ``(VII) support other relevant priorities, as 
                determined to be appropriate by the Secretary.

                ``(iii) Solicitation.--Not later than 90 days after the 
            date of enactment of the Infrastructure Investment and Jobs 
            Act, and annually thereafter, the Secretary shall conduct a 
            national solicitation for applications for grants described 
            in clause (i).
                ``(iv) Dissemination of results.--The Secretary shall 
            publish the results of the projects carried out through 
            grants awarded under clause (i) through--

                    ``(I) best practices relating to those grants, for 
                use in the electric drive vehicle battery 
                manufacturing, design, installation, refurbishing, or 
                recycling industries;
                    ``(II) coordination with information dissemination 
                programs relating to general recycling of electronic 
                devices; and
                    ``(III) educational materials for the public, 
                produced in conjunction with State and local 
                governments or nonprofit organizations, on the problems 
                and solutions relating to the recycling and second-life 
                applications of electric drive vehicle batteries.

            ``(E) Coordination with other programs of the department.--
        In carrying out the battery recycling and second-life 
        applications program, the Secretary shall coordinate and 
        leverage the resources of complementary efforts of the 
        Department.
            ``(F) Study and report.--
                ``(i) Study.--The Secretary shall conduct a study on 
            the viable market opportunities available for the 
            recycling, second-use, and manufacturing of electric drive 
            vehicle batteries in the United States.
                ``(ii) Report.--Not later than 1 year after the date of 
            enactment of the Infrastructure Investment and Jobs Act, 
            the Secretary shall submit to the Committee on Energy and 
            Natural Resources of the Senate, the Committee on Science, 
            Space, and Technology of the House of Representatives, and 
            any other relevant committee of Congress a report 
            containing the results of the study under clause (i), 
            including a description of--

                    ``(I) the ability of relevant businesses or other 
                entities to competitively manufacture electric drive 
                vehicle batteries and recycle electric drive vehicle 
                batteries in the United States;
                    ``(II) any existing electric drive vehicle battery 
                recycling and second-use practices and plans of 
                electric drive vehicle manufacturing companies in the 
                United States;
                    ``(III) any barriers to electric drive vehicle 
                battery recycling in the United States;
                    ``(IV) opportunities and barriers in electric drive 
                vehicle battery supply chains in the United States and 
                internationally, including with allies and trading 
                partners;
                    ``(V) opportunities for job creation in the 
                electric drive vehicle battery recycling and 
                manufacturing fields and the necessary skills employees 
                must acquire for growth of those fields in the United 
                States;
                    ``(VI) policy recommendations for enhancing 
                electric drive vehicle battery manufacturing and 
                recycling in the United States;
                    ``(VII) any recommendations for lowering logistics 
                costs and creating better coordination and efficiency 
                with respect to the removal, collection, 
                transportation, storage, and disassembly of electric 
                drive vehicle batteries;
                    ``(VIII) any recommendations for areas of 
                coordination with other Federal agencies to improve 
                electric drive vehicle battery recycling rates in the 
                United States;
                    ``(IX) an aggressive 2-year target and plan, the 
                implementation of which shall begin during the 90-day 
                period beginning on the date on which the report is 
                submitted, to enhance the competitiveness of electric 
                drive vehicle battery manufacturing and recycling in 
                the United States; and
                    ``(X) needs for future research, development, and 
                demonstration projects in electric drive vehicle 
                battery manufacturing, recycling, and related areas, as 
                determined by the Secretary.

            ``(G) Evaluation.--Not later than 3 years after the date on 
        which the report under subparagraph (F)(ii) is submitted, and 
        every 4 years thereafter, the Secretary shall conduct, and make 
        available to the public and the relevant committees of 
        Congress, an independent review of the progress of the grants 
        awarded under subparagraph (D) in meeting the recommendations 
        and targets included in the report.''; and
        (2) in subsection (p), by striking paragraph (6) and inserting 
    the following:
        ``(6) the electric drive vehicle battery recycling and second-
    life applications program under subsection (k) $200,000,000 for the 
    period of fiscal years 2022 through 2026.''.
SEC. 40209. ADVANCED ENERGY MANUFACTURING AND RECYCLING GRANT PROGRAM.
    (a) Definitions.--In this section:
        (1) Advanced energy property.--The term ``advanced energy 
    property'' means--
            (A) property designed to be used to produce energy from the 
        sun, water, wind, geothermal or hydrothermal (as those terms 
        are defined in section 612 of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17191)) resources, enhanced 
        geothermal systems (as defined in that section), or other 
        renewable resources;
            (B) fuel cells, microturbines, or energy storage systems 
        and components;
            (C) electric grid modernization equipment or components;
            (D) property designed to capture, remove, use, or sequester 
        carbon oxide emissions;
            (E) equipment designed to refine, electrolyze, or blend any 
        fuel, chemical, or product that is--
                (i) renewable; or
                (ii) low-carbon and low-emission;
            (F) property designed to produce energy conservation 
        technologies (including for residential, commercial, and 
        industrial applications);
            (G)(i) light-, medium-, or heavy-duty electric or fuel cell 
        vehicles, electric or fuel cell locomotives, electric or fuel 
        cell maritime vessels, or electric or fuel cell planes;
            (ii) technologies, components, and materials of those 
        vehicles, locomotives, maritime vessels, or planes; and
            (iii) charging or refueling infrastructure associated with 
        those vehicles, locomotives, maritime vessels, or planes;
            (H)(i) hybrid vehicles with a gross vehicle weight rating 
        of not less than 14,000 pounds; and
            (ii) technologies, components, and materials for those 
        vehicles; and
            (I) other advanced energy property designed to reduce 
        greenhouse gas emissions, as may be determined by the 
        Secretary.
        (2) Covered census tract.--The term ``covered census tract'' 
    means a census tract--
            (A) in which, after December 31, 1999, a coal mine had 
        closed;
            (B) in which, after December 31, 2009, a coal-fired 
        electricity generating unit had been retired; or
            (C) that is immediately adjacent to a census tract 
        described in subparagraph (A) or (B).
        (3) Eligible entity.--The term ``eligible entity'' means a 
    manufacturing firm--
            (A) the gross annual sales of which are less than 
        $100,000,000;
            (B) that has fewer than 500 employees at the plant site of 
        the manufacturing firm; and
            (C) the annual energy bills of which total more than 
        $100,000 but less than $2,500,000.
        (4) Minority-owned.--The term ``minority-owned'', with respect 
    to an eligible entity, means an eligible entity not less than 51 
    percent of which is owned by 1 or more individuals who are--
            (A) citizens of the United States; and
            (B) Asian American, Native Hawaiian, Pacific Islander, 
        African American, Hispanic, Puerto Rican, Native American, or 
        Alaska Native.
        (5) Program.--The term ``Program'' means the grant program 
    established under subsection (b).
        (6) Qualifying advanced energy project.--The term ``qualifying 
    advanced energy project'' means a project that--
            (A)(i) re-equips, expands, or establishes a manufacturing 
        or recycling facility for the production or recycling, as 
        applicable, of advanced energy property; or
            (ii) re-equips an industrial or manufacturing facility with 
        equipment designed to reduce the greenhouse gas emissions of 
        that facility substantially below the greenhouse gas emissions 
        under current best practices, as determined by the Secretary, 
        through the installation of--
                (I) low- or zero-carbon process heat systems;
                (II) carbon capture, transport, utilization, and 
            storage systems;
                (III) technology relating to energy efficiency and 
            reduction in waste from industrial processes; or
                (IV) any other industrial technology that significantly 
            reduces greenhouse gas emissions, as determined by the 
            Secretary;
            (B) has a reasonable expectation of commercial viability, 
        as determined by the Secretary; and
            (C) is located in a covered census tract.
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a program to award 
grants to eligible entities to carry out qualifying advanced energy 
projects.
    (c) Applications.--
        (1) In general.--Each eligible entity seeking a grant under the 
    Program shall submit to the Secretary an application at such time, 
    in such manner, and containing such information as the Secretary 
    may require, including a description of the proposed qualifying 
    advanced energy project to be carried out using the grant.
        (2) Selection criteria.--
            (A) Projects.--In selecting eligible entities to receive 
        grants under the Program, the Secretary shall, with respect to 
        the qualifying advanced energy projects proposed by the 
        eligible entities, give higher priority to projects that--
                (i) will provide higher net impact in avoiding or 
            reducing anthropogenic emissions of greenhouse gases;
                (ii) will result in a higher level of domestic job 
            creation (both direct and indirect) during the lifetime of 
            the project;
                (iii) will result in a higher level of job creation in 
            the vicinity of the project, particularly with respect to--

                    (I) low-income communities (as described in section 
                45D(e) of the Internal Revenue Code of 1986); and
                    (II) dislocated workers who were previously 
                employed in manufacturing, coal power plants, or coal 
                mining;

                (iv) have higher potential for technological innovation 
            and commercial deployment;
                (v) have a lower levelized cost of--

                    (I) generated or stored energy; or
                    (II) measured reduction in energy consumption or 
                greenhouse gas emission (based on costs of the full 
                supply chain); and

                (vi) have a shorter project time.
            (B) Eligible entities.--In selecting eligible entities to 
        receive grants under the Program, the Secretary shall give 
        priority to eligible entities that are minority-owned.
    (d) Project Completion and Location; Return of Unobligated Funds.--
        (1) Completion; return of unobligated funds.--An eligible 
    entity that receives a grant under the Program shall be required--
            (A) to complete the qualifying advanced energy project 
        funded by the grant not later than 3 years after the date of 
        receipt of the grant funds; and
            (B) to return to the Secretary any grant funds that remain 
        unobligated at the end of that 3-year period.
        (2) Location.--If the Secretary determines that an eligible 
    entity awarded a grant under the Program has carried out the 
    applicable qualifying advanced energy project at a location that is 
    materially different from the location specified in the application 
    for the grant, the eligible entity shall be required to return the 
    grant funds to the Secretary.
    (e) Technical Assistance.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary shall provide technical 
    assistance on a selective basis to eligible entities that are 
    seeking a grant under the Program to enhance the impact of the 
    qualifying advanced energy project to be carried out using the 
    grant with respect to the selection criteria described in 
    subsection (c)(2)(A).
        (2) Applications.--An eligible entity desiring technical 
    assistance under paragraph (1) shall submit to the Secretary an 
    application at such time, in such manner, and containing such 
    information as the Secretary may require.
        (3) Factors for consideration.--In selecting eligible entities 
    for technical assistance under paragraph (1), the Secretary shall 
    give higher priority to eligible entities that propose a qualifying 
    advanced energy project that has greater potential for enhancement 
    of the impact of the project with respect to the selection criteria 
    described in subsection (c)(2)(A).
    (f) Publication of Grants.--The Secretary shall make publicly 
available the identity of each eligible entity awarded a grant under 
the Program and the amount of the grant.
    (g) Report.--Not later than 4 years after the date of enactment 
this Act, the Secretary shall--
        (1) review the grants awarded under the Program; and
        (2) submit to the Committee on Energy and Natural Resources of 
    the Senate and the Committee on Energy and Commerce of the House of 
    Representatives a report describing those grants.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the Program $750,000,000 for 
the period of fiscal years 2022 through 2026.
SEC. 40210. CRITICAL MINERALS MINING AND RECYCLING RESEARCH.
    (a) Definitions.--In this section:
        (1) Critical mineral.--The term ``critical mineral'' has the 
    meaning given the term in section 7002(a) of the Energy Act of 2020 
    (30 U.S.C. 1606(a)).
        (2) Critical minerals and metals.--The term ``critical minerals 
    and metals'' includes any host mineral of a critical mineral.
        (3) Director.--The term ``Director'' means the Director of the 
    Foundation.
        (4) End-to-end.--The term ``end-to-end'', with respect to the 
    integration of mining or life cycle of minerals, means the 
    integrated approach of, or the lifecycle determined by, examining 
    the research and developmental process from the mining of the raw 
    minerals to its processing into useful materials, its integration 
    into components and devices, the utilization of such devices in the 
    end-use application to satisfy certain performance metrics, and the 
    recycling or disposal of such devices.
        (5) Foreign entity of concern.--The term ``foreign entity of 
    concern'' means a foreign entity that is--
            (A) designated as a foreign terrorist organization by the 
        Secretary of State under section 219(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1189(a));
            (B) included on the list of specially designated nationals 
        and blocked persons maintained by the Office of Foreign Assets 
        Control of the Department of the Treasury (commonly known as 
        the SDN list);
            (C) owned by, controlled by, or subject to the jurisdiction 
        or direction of a government of a foreign country that is a 
        covered nation (as defined in section 2533c(d) of title 10, 
        United States Code);
            (D) alleged by the Attorney General to have been involved 
        in activities for which a conviction was obtained under--
                (i) chapter 37 of title 18, United States Code 
            (commonly known as the ``Espionage Act'');
                (ii) section 951 or 1030 of title 18, United States 
            Code;
                (iii) chapter 90 of title 18, United States Code 
            (commonly known as the ``Economic Espionage Act of 1996)'';
                (iv) the Arms Export Control Act (22 U.S.C. 2751 et 
            seq.);
                (v) section 224, 225, 226, 227, or 236 of the Atomic 
            Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 
            2284);
                (vi) the Export Control Reform Act of 2018 (50 U.S.C. 
            4801 et seq.); or
                (vii) the International Emergency Economic Powers Act 
            (50 U.S.C. 1701 et seq.); or
            (E) determined by the Secretary of Commerce, in 
        consultation with the Secretary of Defense and the Director of 
        National Intelligence, to be engaged in unauthorized conduct 
        that is detrimental to the national security or foreign policy 
        of the United States.
        (6) Foundation.--The term ``Foundation'' means the National 
    Science Foundation.
        (7) Institution of higher education.--The term ``institution of 
    higher education'' has the meaning given the term in section 101 of 
    the Higher Education Act of 1965 (20 U.S.C. 1001).
        (8) National laboratory.--The term ``National Laboratory'' has 
    the meaning given the term in section 2 of the Energy Policy Act of 
    2005 (42 U.S.C. 15801).
        (9) Recycling.--The term ``recycling'' means the process of 
    collecting and processing spent materials and devices and turning 
    the materials and devices into raw materials or components that can 
    be reused either partially or completely.
        (10) Secondary recovery.--The term ``secondary recovery'' means 
    the recovery of critical minerals and metals from discarded end-use 
    products or from waste products produced during the metal refining 
    and manufacturing process, including from mine waste piles, acid 
    mine drainage sludge, or byproducts produced through legacy mining 
    and metallurgy activities.
    (b) Critical Minerals Mining and Recycling Research and 
Development.--
        (1) In general.--In order to support supply chain resiliency, 
    the Secretary, in coordination with the Director, shall issue 
    awards, on a competitive basis, to eligible entities described in 
    paragraph (2) to support basic research that will accelerate 
    innovation to advance critical minerals mining, recycling, and 
    reclamation strategies and technologies for the purposes of--
            (A) making better use of domestic resources; and
            (B) eliminating national reliance on minerals and mineral 
        materials that are subject to supply disruptions.
        (2) Eligible entities.--Entities eligible to receive an award 
    under paragraph (1) are the following:
            (A) Institutions of higher education.
            (B) National Laboratories.
            (C) Nonprofit organizations.
            (D) Consortia of entities described in subparagraphs (A) 
        through (C), including consortia that collaborate with private 
        industry.
        (3) Use of funds.--Activities funded by an award under this 
    section may include--
            (A) advancing mining research and development activities to 
        develop new mapping and mining technologies and techniques, 
        including advanced critical mineral extraction and production--
                (i) to improve existing, or to develop new, supply 
            chains of critical minerals; and
                (ii) to yield more efficient, economical, and 
            environmentally benign mining practices;
            (B) advancing critical mineral processing research 
        activities to improve separation, alloying, manufacturing, or 
        recycling techniques and technologies that can decrease the 
        energy intensity, waste, potential environmental impact, and 
        costs of those activities;
            (C) advancing research and development of critical minerals 
        mining and recycling technologies that take into account the 
        potential end-uses and disposal of critical minerals, in order 
        to improve end-to-end integration of mining and technological 
        applications;
            (D) conducting long-term earth observation of reclaimed 
        mine sites, including the study of the evolution of microbial 
        diversity at those sites;
            (E) examining the application of artificial intelligence 
        for geological exploration of critical minerals, including what 
        size and diversity of data sets would be required;
            (F) examining the application of machine learning for 
        detection and sorting of critical minerals, including what size 
        and diversity of data sets would be required;
            (G) conducting detailed isotope studies of critical 
        minerals and the development of more refined geologic models; 
        or
            (H) providing training and research opportunities to 
        undergraduate and graduate students to prepare the next 
        generation of mining engineers and researchers.
    (c) Critical Minerals Interagency Subcommittee.--
        (1) In general.--In order to support supply chain resiliency, 
    the Critical Minerals Subcommittee of the National Science and 
    Technology Council (referred to in this subsection as the 
    ``Subcommittee'') shall coordinate Federal science and technology 
    efforts to ensure secure and reliable supplies of critical minerals 
    to the United States.
        (2) Purposes.--The purposes of the Subcommittee shall be--
            (A) to advise and assist the National Science and 
        Technology Council, including the Committee on Homeland and 
        National Security of the National Science and Technology 
        Council, on United States policies, procedures, and plans 
        relating to critical minerals, including--
                (i) Federal research, development, and deployment 
            efforts to optimize methods for extractions, concentration, 
            separation, and purification of conventional, secondary, 
            and unconventional sources of critical minerals, including 
            research that prioritizes end-to-end integration of mining 
            and recycling techniques and the end-use target for 
            critical minerals;
                (ii) efficient use and reuse of critical minerals, 
            including recycling technologies for critical minerals and 
            the reclamation of critical minerals from components, such 
            as spent batteries;
                (iii) addressing the technology transitions between 
            research or lab-scale mining and recycling and 
            commercialization of these technologies;
                (iv) the critical minerals workforce of the United 
            States; and
                (v) United States private industry investments in 
            innovation and technology transfer from federally funded 
            science and technology;
            (B) to identify emerging opportunities, stimulate 
        international cooperation, and foster the development of secure 
        and reliable supply chains of critical minerals, including 
        activities relating to the reuse of critical minerals via 
        recycling;
            (C) to ensure the transparency of information and data 
        related to critical minerals; and
            (D) to provide recommendations on coordination and 
        collaboration among the research, development, and deployment 
        programs and activities of Federal agencies to promote a secure 
        and reliable supply of critical minerals necessary to maintain 
        national security, economic well-being, and industrial 
        production.
        (3) Responsibilities.--In carrying out paragraphs (1) and (2), 
    the Subcommittee may, taking into account the findings and 
    recommendations of relevant advisory committees--
            (A) provide recommendations on how Federal agencies may 
        improve the topographic, geologic, and geophysical mapping of 
        the United States and improve the discoverability, 
        accessibility, and usability of the resulting and existing 
        data, to the extent permitted by law and subject to appropriate 
        limitation for purposes of privacy and security;
            (B) assess the progress toward developing critical minerals 
        recycling and reprocessing technologies;
            (C) assess the end-to-end lifecycle of critical minerals, 
        including for mining, usage, recycling, and end-use material 
        and technology requirements;
            (D) examine, and provide recommendations for, options for 
        accessing and developing critical minerals through investment 
        and trade with allies and partners of the United States;
            (E) evaluate and provide recommendations to incentivize the 
        development and use of advances in science and technology in 
        the private industry;
            (F) assess the need for, and make recommendations to 
        address, the challenges the United States critical minerals 
        supply chain workforce faces, including--
                (i) aging and retiring personnel and faculty;
                (ii) public perceptions about the nature of mining and 
            mineral processing; and
                (iii) foreign competition for United States talent;
            (G) develop, and update as necessary, a strategic plan to 
        guide Federal programs and activities to enhance--
                (i) scientific and technical capabilities across 
            critical mineral supply chains, including a roadmap that 
            identifies key research and development needs and 
            coordinates ongoing activities for source diversification, 
            more efficient use, recycling, and substitution for 
            critical minerals; and
                (ii) cross-cutting mining science, data science 
            techniques, materials science, manufacturing science and 
            engineering, computational modeling, and environmental 
            health and safety research and development; and
            (H) report to the appropriate committees of Congress on 
        activities and findings under this subsection.
        (4) Mandatory responsibilities.--In carrying out paragraphs (1) 
    and (2), the Subcommittee shall, taking into account the findings 
    and recommendations of relevant advisory committees, identify and 
    evaluate Federal policies and regulations that restrict the mining 
    of critical minerals.
    (d) Grant Program for Processing of Critical Minerals and 
Development of Critical Minerals and Metals.--
        (1) Establishment.--The Secretary, in consultation with the 
    Director, the Secretary of the Interior, and the Secretary of 
    Commerce, shall establish a grant program to finance pilot projects 
    for--
            (A) the processing or recycling of critical minerals in the 
        United States; or
            (B) the development of critical minerals and metals in the 
        United States
        (2) Limitation on grant awards.--A grant awarded under 
    paragraph (1) may not exceed $10,000,000.
        (3) Economic viability.--In awarding grants under paragraph 
    (1), the Secretary shall give priority to projects that the 
    Secretary determines are likely to be economically viable over the 
    long term.
        (4) Secondary recovery.--In awarding grants under paragraph 
    (1), the Secretary shall seek to award not less than 30 percent of 
    the total amount of grants awarded during the fiscal year for 
    projects relating to secondary recovery of critical minerals and 
    metals.
        (5) Domestic priority.--In awarding grants for the development 
    of critical minerals and metals under paragraph (1)(B), the 
    Secretary shall prioritize pilot projects that will process the 
    critical minerals and metals domestically.
        (6) Prohibition on processing by foreign entity of concern.--In 
    awarding grants under paragraph (1), the Secretary shall ensure 
    that pilot projects do not export for processing any critical 
    minerals and metals to a foreign entity of concern.
        (7) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary to carry out the grant program 
    established under paragraph (1) $100,000,000 for each of fiscal 
    years 2021 through 2024.
SEC. 40211. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD.
    (a) Establishment.--The Secretary shall establish a board, to be 
known as the ``21st Century Energy Workforce Advisory Board'', to 
develop a strategy for the Department that, with respect to the role of 
the Department in the support and development of a skilled energy 
workforce--
        (1) meets the current and future industry and labor needs of 
    the energy sector;
        (2) provides opportunities for students to become qualified for 
    placement in traditional energy sector and emerging energy sector 
    jobs;
        (3) identifies areas in which the Department can effectively 
    utilize the technical expertise of the Department to support the 
    workforce activities of other Federal agencies;
        (4) strengthens and engages the workforce training programs of 
    the Department and the National Laboratories in carrying out the 
    Equity in Energy Initiative of the Department and other Department 
    workforce priorities;
        (5) develops plans to support and retrain displaced and 
    unemployed energy sector workers; and
        (6) prioritizes education and job training for underrepresented 
    groups, including racial and ethnic minorities, Indian Tribes, 
    women, veterans, and socioeconomically disadvantaged individuals.
    (b) Membership.--
        (1) In general.--The Board shall be composed of not fewer than 
    10 and not more than 15 members, with the initial members of the 
    Board to be appointed by the Secretary not later than 1 year after 
    the date of enactment of this Act.
        (2) Requirement.--The Board shall include not fewer than 1 
    representative of a labor organization with significant energy 
    experience who has been nominated by a national labor federation.
        (3) Qualifications.--Each individual appointed to the Board 
    under paragraph (1) shall have expertise in--
            (A) the field of economics or workforce development;
            (B) relevant traditional energy industries or emerging 
        energy industries, including energy efficiency;
            (C) secondary or postsecondary education;
            (D) energy workforce development or apprenticeship programs 
        of States or units of local government;
            (E) relevant organized labor organizations; or
            (F) bringing underrepresented groups, including racial and 
        ethnic minorities, women, veterans, and socioeconomically 
        disadvantaged individuals, into the workforce.
    (c) Advisory Board Review and Recommendations.--
        (1) Determination by board.--In developing the strategy 
    required under subsection (a), the Board shall--
            (A) determine whether there are opportunities to more 
        effectively and efficiently use the capabilities of the 
        Department in the development of a skilled energy workforce;
            (B) identify ways in which the Department could work with 
        other relevant Federal agencies, States, units of local 
        government, institutions of higher education, labor 
        organizations, Indian Tribes and tribal organizations, and 
        industry in the development of a skilled energy workforce, 
        subject to applicable law;
            (C) identify ways in which the Department and National 
        Laboratories can--
                (i) increase outreach to minority-serving institutions; 
            and
                (ii) make resources available to increase the number of 
            skilled minorities and women trained to go into the energy 
            and energy-related manufacturing sectors;
                (iii) increase outreach to displaced and unemployed 
            energy sector workers; and
                (iv) make resources available to provide training to 
            displaced and unemployed energy sector workers to reenter 
            the energy workforce; and
            (D)(i) identify the energy sectors in greatest need of 
        workforce training; and
            (ii) in consultation with the Secretary of Labor, develop 
        recommendations for the skills necessary to develop a workforce 
        trained to work in those energy sectors.
        (2) Required analysis.--In developing the strategy required 
    under subsection (a), the Board shall analyze the effectiveness 
    of--
            (A) existing Department-directed support; and
            (B) existing energy workforce training programs.
        (3) Report.--
            (A) In general.--Not later than 1 year after the date on 
        which the Board is established under this section, and 
        biennially thereafter until the date on which the Board is 
        terminated under subsection (f), the Board shall submit to the 
        Secretary a report containing, with respect to the strategy 
        required under subsection (a)--
                (i) the findings of the Board; and
                (ii) the proposed energy workforce strategy of the 
            Board.
            (B) Response of the secretary.--Not later than 90 days 
        after the date on which a report is submitted to the Secretary 
        under subparagraph (A), the Secretary shall--
                (i) submit to the Board a response to the report that--

                    (I) describes whether the Secretary approves or 
                disapproves of each recommendation of the Board under 
                subparagraph (A); and
                    (II) if the Secretary approves of a recommendation, 
                provides an implementation plan for the recommendation; 
                and

                (ii) submit to Congress--

                    (I) the report of the Board under subparagraph (A); 
                and
                    (II) the response of the Secretary under clause 
                (i).

            (C) Public availability of report.--
                (i) In general.--The Board shall make each report under 
            subparagraph (A) available to the public on the earlier 
            of--

                    (I) the date on which the Board receives the 
                response of the Secretary under subparagraph (B)(i); 
                and
                    (II) the date that is 90 days after the date on 
                which the Board submitted the report to the Secretary.

                (ii) Requirement.--If the Board has received a response 
            to a report from the Secretary under subparagraph (B)(i), 
            the Board shall make that response publicly available with 
            the applicable report.
    (d) Report by the Secretary.--Not later than 180 days before the 
date of expiration of a term of the Board under subsection (f), the 
Secretary shall submit to the Committees on Energy and Natural 
Resources and Appropriations of the Senate and the Committees on Energy 
and Commerce and Appropriations of the House of Representatives a 
report that--
        (1) describes the effectiveness and accomplishments of the 
    Board during the applicable term;
        (2) contains a determination of the Secretary as to whether the 
    Board should be renewed; and
        (3) if the Secretary determines that the Board should be 
    renewed, any recommendations as to whether and how the scope and 
    functions of the Board should be modified.
    (e) Outreach to Minority-Serving Institutions, Veterans, and 
Displaced and Unemployed Energy Workers.--In developing the strategy 
under subsection (a), the Board shall--
        (1) give special consideration to increasing outreach to 
    minority-serving institutions, veterans, and displaced and 
    unemployed energy workers;
        (2) make resources available to--
            (A) minority-serving institutions, with the objective of 
        increasing the number of skilled minorities and women trained 
        to go into the energy and manufacturing sectors;
            (B) institutions that serve veterans, with the objective of 
        increasing the number veterans in the energy industry by 
        ensuring that veterans have the credentials and training 
        necessary to secure careers in the energy industry; and
            (C) institutions that serve displaced and unemployed energy 
        workers to increase the number of individuals trained for jobs 
        in the energy industry;
        (3) encourage the energy industry to improve the opportunities 
    for students of minority-serving institutions, veterans, and 
    displaced and unemployed energy workers to participate in 
    internships, preapprenticeships, apprenticeships, and cooperative 
    work-study programs in the energy industry; and
        (4) work with the National Laboratories to increase the 
    participation of underrepresented groups, veterans, and displaced 
    and unemployed energy workers in internships, fellowships, training 
    programs, and employment at the National Laboratories.
    (f) Term.--
        (1) In general.--Subject to paragraph (2), the Board shall 
    terminate on September 30, 2026.
        (2) Extensions.--The Secretary may renew the Board for 1 or 
    more 5-year periods by submitting, not later than the date 
    described in subsection (d), a report described in that subsection 
    that contains a determination by the Secretary that the Board 
    should be renewed.

       TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
 Subtitle A--Carbon Capture, Utilization, Storage, and Transportation 
                             Infrastructure

SEC. 40301. FINDINGS.
    Congress finds that--
        (1) the industrial sector is integral to the economy of the 
    United States--
            (A) providing millions of jobs and essential products; and
            (B) demonstrating global leadership in manufacturing and 
        innovation;
        (2) carbon capture and storage technologies are necessary for 
    reducing hard-to-abate emissions from the industrial sector, which 
    emits nearly 25 percent of carbon dioxide emissions in the United 
    States;
        (3) carbon removal and storage technologies, including direct 
    air capture, must be deployed at large-scale in the coming decades 
    to remove carbon dioxide directly from the atmosphere;
        (4) large-scale deployment of carbon capture, removal, 
    utilization, transport, and storage--
            (A) is critical for achieving mid-century climate goals; 
        and
            (B) will drive regional economic development, technological 
        innovation, and high-wage employment;
        (5) carbon capture, removal, and utilization technologies 
    require a backbone system of shared carbon dioxide transport and 
    storage infrastructure to enable large-scale deployment, realize 
    economies of scale, and create an interconnected carbon management 
    market;
        (6) carbon dioxide transport infrastructure and permanent 
    geological storage are proven and safe technologies with existing 
    Federal and State regulatory frameworks;
        (7) carbon dioxide transport and storage infrastructure share 
    similar barriers to deployment previously faced by other types of 
    critical national infrastructure, such as high capital costs and 
    chicken-and-egg challenges, that require Federal and State support, 
    in combination with private investment, to be overcome; and
        (8) each State should take into consideration, with respect to 
    new carbon dioxide transportation infrastructure--
            (A) qualifying the infrastructure as pollution control 
        devices under applicable laws (including regulations) of the 
        State; and
            (B) establishing a waiver of ad valorem and property taxes 
        for the infrastructure for a period of not less than 10 years.
SEC. 40302. CARBON UTILIZATION PROGRAM.
    Section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a) is 
amended--
        (1) in subsection (a)--
            (A) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (B) by inserting after paragraph (2) the following:
        ``(3) to develop or obtain, in coordination with other 
    applicable Federal agencies and standard-setting organizations, 
    standards and certifications, as appropriate, to facilitate the 
    commercialization of the products and technologies described in 
    paragraph (2);'';
        (2) in subsection (b)--
            (A) by redesignating paragraph (2) as paragraph (3);
            (B) by inserting after paragraph (1) the following:
        ``(2) Grant program.--
            ``(A) In general.--Not later than 1 year after the date of 
        enactment of the Infrastructure Investment and Jobs Act, the 
        Secretary shall establish a program to provide grants to 
        eligible entities to use in accordance with subparagraph (D).
            ``(B) Eligible entities.--To be eligible to receive a grant 
        under this paragraph, an entity shall be--
                ``(i) a State;
                ``(ii) a unit of local government; or
                ``(iii) a public utility or agency.
            ``(C) Applications.--Eligible entities desiring a grant 
        under this paragraph shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary determines to be appropriate.
            ``(D) Use of funds.--An eligible entity shall use a grant 
        received under this paragraph to procure and use commercial or 
        industrial products that--
                ``(i) use or are derived from anthropogenic carbon 
            oxides; and
                ``(ii) demonstrate significant net reductions in 
            lifecycle greenhouse gas emissions compared to incumbent 
            technologies, processes, and products.''; and
            (C) in paragraph (3) (as so redesignated), by striking 
        ``paragraph (1)'' and inserting ``this subsection''; and
        (3) by striking subsection (d) and inserting the following:
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
        ``(1) $41,000,000 for fiscal year 2022;
        ``(2) $65,250,000 for fiscal year 2023;
        ``(3) $66,562,500 for fiscal year 2024;
        ``(4) $67,940,625 for fiscal year 2025; and
        ``(5) $69,387,656 for fiscal year 2026.''.
SEC. 40303. CARBON CAPTURE TECHNOLOGY PROGRAM.
    Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is 
amended--
        (1) in subsection (b)(2)--
            (A) in subparagraph (C), by striking ``and'' at the end;
            (B) in subparagraph (D), by striking ``program.'' and 
        inserting ``program for carbon capture technologies; and''; and
            (C) by adding at the end the following:
            ``(E) a front-end engineering and design program for carbon 
        dioxide transport infrastructure necessary to enable deployment 
        of carbon capture, utilization, and storage technologies.''; 
        and
        (2) in subsection (d)(1)--
            (A) in subparagraph (C), by striking ``and'' at the end;
            (B) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following:
            ``(E) for activities under the front-end engineering and 
        design program described in subsection (b)(2)(E), $100,000,000 
        for the period of fiscal years 2022 through 2026.''.
SEC. 40304. CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE FINANCE AND 
INNOVATION.
    (a) In General.--Title IX of the Energy Policy Act of 2005 (42 
U.S.C. 16181 et seq.) is amended by adding at the end the following:

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

``SEC. 999A. DEFINITIONS.
    ``In this subtitle:
        ``(1) CIFIA program.--The term `CIFIA program' means the carbon 
    dioxide transportation infrastructure finance and innovation 
    program established under section 999B(a).
        ``(2) Common carrier.--The term `common carrier' means a 
    transportation infrastructure operator or owner that--
            ``(A) publishes a publicly available tariff containing the 
        just and reasonable rates, terms, and conditions of 
        nondiscriminatory service; and
            ``(B) holds itself out to provide transportation services 
        to the public for a fee.
        ``(3) Contingent commitment.--The term `contingent commitment' 
    means a commitment to obligate funds from future available budget 
    authority that is--
            ``(A) contingent on those funds being made available in law 
        at a future date; and
            ``(B) not an obligation of the Federal Government.
        ``(4) Eligible project costs.--The term `eligible project 
    costs' means amounts substantially all of which are paid by, or for 
    the account of, an obligor in connection with a project, 
    including--
            ``(A) the cost of--
                ``(i) development-phase activities, including planning, 
            feasibility analysis, revenue forecasting, environmental 
            review, permitting, preliminary engineering and design 
            work, and other preconstruction activities;
                ``(ii) construction, reconstruction, rehabilitation, 
            replacement, and acquisition of real property (including 
            land relating to the project and improvements to land), 
            environmental mitigation, construction contingencies, and 
            acquisition and installation of equipment (including 
            labor); and
                ``(iii) capitalized interest necessary to meet market 
            requirements, reasonably required reserve funds, capital 
            issuance expenses, and other carrying costs during 
            construction; and
            ``(B) transaction costs associated with financing the 
        project, including--
                ``(i) the cost of legal counsel and technical 
            consultants; and
                ``(ii) any subsidy amount paid in accordance with 
            section 999B(c)(3)(B)(ii) or section 999C(b)(6)(B)(ii).
        ``(5) Federal credit instrument.--The term `Federal credit 
    instrument' means a secured loan or loan guarantee authorized to be 
    provided under the CIFIA program with respect to a project.
        ``(6) Lender.--The term `lender' means a qualified 
    institutional buyer (as defined in section 230.144A(a) of title 17, 
    Code of Federal Regulations (or a successor regulation), commonly 
    known as Rule 144A(a) of the Securities and Exchange Commission and 
    issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), 
    that is not a Federal qualified institutional buyer.
        ``(7) Letter of interest.--The term `letter of interest' means 
    a letter submitted by a potential applicant prior to an application 
    for credit assistance in a format prescribed by the Secretary on 
    the website of the CIFIA program that--
            ``(A) describes the project and the location, purpose, and 
        cost of the project;
            ``(B) outlines the proposed financial plan, including the 
        requested credit and grant assistance and the proposed obligor;
            ``(C) provides a status of environmental review; and
            ``(D) provides information regarding satisfaction of other 
        eligibility requirements of the CIFIA program.
        ``(8) Loan guarantee.--The term `loan guarantee' means any 
    guarantee or other pledge by the Secretary to pay all or part of 
    the principal of, and interest on, a loan made to an obligor, or 
    debt obligation issued by an obligor, in each case funded by a 
    lender.
        ``(9) Master credit agreement.--The term `master credit 
    agreement' means a conditional agreement that--
            ``(A) is for the purpose of extending credit assistance 
        for--
                ``(i) a project of high priority under section 
            999B(c)(3)(A); or
                ``(ii) a project covered under section 999B(c)(3)(B);
            ``(B) does not provide for a current obligation of Federal 
        funds; and
            ``(C) would--
                ``(i) make a contingent commitment of a Federal credit 
            instrument or grant at a future date, subject to--

                    ``(I) the availability of future funds being made 
                available to carry out the CIFIA program; and
                    ``(II) the satisfaction of all conditions for the 
                provision of credit assistance under the CIFIA program, 
                including section 999C(b);

                ``(ii) establish the maximum amounts and general terms 
            and conditions of the Federal credit instruments or grants;
                ``(iii) identify the 1 or more revenue sources that 
            will secure the repayment of the Federal credit 
            instruments;
                ``(iv) provide for the obligation of funds for the 
            Federal credit instruments or grants after all requirements 
            have been met for the projects subject to the agreement, 
            including--

                    ``(I) compliance with all applicable requirements 
                specified under the CIFIA program, including sections 
                999B(d) and 999C(b)(1); and
                    ``(II) the availability of funds to carry out the 
                CIFIA program; and

                ``(v) require that contingent commitments shall result 
            in a financial close and obligation of credit or grant 
            assistance by not later than 4 years after the date of 
            entry into the agreement or release of the commitment, as 
            applicable, unless otherwise extended by the Secretary.
        ``(10) Obligor.--The term `obligor' means a corporation, 
    partnership, joint venture, trust, non-Federal governmental entity, 
    agency, or instrumentality, or other entity that is liable for 
    payment of the principal of, or interest on, a Federal credit 
    instrument.
        ``(11) Produced in the united states.--The term `produced in 
    the United States', with respect to iron and steel, means that all 
    manufacturing processes for the iron and steel, including the 
    application of any coating, occurs within the United States.
        ``(12) Project.--The term `project' means a project for common 
    carrier carbon dioxide transportation infrastructure or associated 
    equipment, including pipeline, shipping, rail, or other 
    transportation infrastructure and associated equipment, that will 
    transport or handle carbon dioxide captured from anthropogenic 
    sources or ambient air, as the Secretary determines to be 
    appropriate.
        ``(13) Project obligation.--The term `project obligation' means 
    any note, bond, debenture, or other debt obligation issued by an 
    obligor in connection with the financing of a project, other than a 
    Federal credit instrument.
        ``(14) Secured loan.--The term `secured loan' means a direct 
    loan to an obligor or a debt obligation issued by an obligor and 
    purchased by the Secretary, in each case funded by the Secretary in 
    connection with the financing of a project under section 999C.
        ``(15) Subsidy amount.--The term `subsidy amount' means the 
    amount of budget authority sufficient to cover the estimated long-
    term cost to the Federal Government of a Federal credit 
    instrument--
            ``(A) calculated on a net present value basis; and
            ``(B) excluding administrative costs and any incidental 
        effects on governmental receipts or outlays in accordance with 
        the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
        ``(16) Substantial completion.--The term `substantial 
    completion', with respect to a project, means the date--
            ``(A) on which the project commences transportation of 
        carbon dioxide; or
            ``(B) of a comparable event to the event described in 
        subparagraph (A), as determined by the Secretary and specified 
        in the project credit agreement.
``SEC. 999B. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
    ``(a) Establishment of Program.--The Secretary shall establish and 
carry out a carbon dioxide transportation infrastructure finance and 
innovation program, under which the Secretary shall provide for 
eligible projects in accordance with this subtitle--
        ``(1) a Federal credit instrument under section 999C;
        ``(2) a grant under section 999D; or
        ``(3) both a Federal credit instrument and a grant.
    ``(b) Eligibility.--
        ``(1) In general.--A project shall be eligible to receive a 
    Federal credit instrument or a grant under the CIFIA program if--
            ``(A) the entity proposing to carry out the project submits 
        a letter of interest prior to submission of an application 
        under paragraph (3) for the project; and
            ``(B) the project meets the criteria described in this 
        subsection.
        ``(2) Creditworthiness.--
            ``(A) In general.--Each project and obligor that receives a 
        Federal credit instrument or a grant under the CIFIA program 
        shall be creditworthy, such that there exists a reasonable 
        prospect of repayment of the principal and interest on the 
        Federal credit instrument, as determined by the Secretary under 
        subparagraph (B).
            ``(B) Reasonable prospect of repayment.--The Secretary 
        shall base a determination of whether there is a reasonable 
        prospect of repayment under subparagraph (A) on a comprehensive 
        evaluation of whether the obligor has a reasonable prospect of 
        repaying the Federal credit instrument for the eligible 
        project, including evaluation of--
                ``(i) the strength of the contractual terms of an 
            eligible project (if available for the applicable market 
            segment);
                ``(ii) the forecast of noncontractual cash flows 
            supported by market projections from reputable sources, as 
            determined by the Secretary, and cash sweeps or other 
            structural enhancements;
                ``(iii) the projected financial strength of the 
            obligor--

                    ``(I) at the time of loan close; and
                    ``(II) throughout the loan term, including after 
                the project is completed;

                ``(iv) the financial strength of the investors and 
            strategic partners of the obligor, if applicable; and
                ``(v) other financial metrics and analyses that are 
            relied on by the private lending community and nationally 
            recognized credit rating agencies, as determined 
            appropriate by the Secretary.
        ``(3) Applications.--To be eligible for assistance under the 
    CIFIA program, an obligor shall submit to the Secretary a project 
    application at such time, in such manner, and containing such 
    information as the Secretary determines to be appropriate.
        ``(4) Eligible project costs.--A project under the CIFIA 
    program shall have eligible project costs that are reasonably 
    anticipated to equal or exceed $100,000,000.
        ``(5) Revenue sources.--The applicable Federal credit 
    instrument shall be repayable, in whole or in part, from--
            ``(A) user fees;
            ``(B) payments owing to the obligor under a public-private 
        partnership; or
            ``(C) other revenue sources that also secure or fund the 
        project obligations.
        ``(6) Obligor will be identified later.--A State, local 
    government, agency, or instrumentality of a State or local 
    government, or a public authority, may submit to the Secretary an 
    application under paragraph (3), under which a private party to a 
    public-private partnership will be--
            ``(A) the obligor; and
            ``(B) identified at a later date through completion of a 
        procurement and selection of the private party.
        ``(7) Beneficial effects.--The Secretary shall determine that 
    financial assistance for each project under the CIFIA program 
    will--
            ``(A) attract public or private investment for the project; 
        or
            ``(B) enable the project to proceed at an earlier date than 
        the project would otherwise be able to proceed or reduce the 
        lifecycle costs (including debt service costs) of the project.
        ``(8) Project readiness.--To be eligible for assistance under 
    the CIFIA program, the applicant shall demonstrate a reasonable 
    expectation that the contracting process for construction of the 
    project can commence by not later than 90 days after the date on 
    which a Federal credit instrument or grant is obligated for the 
    project under the CIFIA program.
    ``(c) Selection Among Eligible Projects.--
        ``(1) Establishment of application process.--The Secretary 
    shall establish an application process under which projects that 
    are eligible to receive assistance under subsection (b) may--
            ``(A) receive credit assistance on terms acceptable to the 
        Secretary, if adequate funds are available (including any funds 
        provided on behalf of an eligible project under paragraph 
        (3)(B)(ii)) to cover the subsidy amount associated with the 
        Federal credit instrument; and
            ``(B) receive grants under section 999D if--
                ``(i) adequate funds are available to cover the amount 
            of the grant; and
                ``(ii) the Secretary determines that the project is 
            eligible under subsection (b).
        ``(2) Priority.--In selecting projects to receive credit 
    assistance under subsection (b), the Secretary shall give priority 
    to projects that--
            ``(A) are large-capacity, common carrier infrastructure;
            ``(B) have demonstrated demand for use of the 
        infrastructure by associated projects that capture carbon 
        dioxide from anthropogenic sources or ambient air;
            ``(C) enable geographical diversity in associated projects 
        that capture carbon dioxide from anthropogenic sources or 
        ambient air, with the goal of enabling projects in all major 
        carbon dioxide-emitting regions of the United States; and
            ``(D) are sited within, or adjacent to, existing pipeline 
        or other linear infrastructure corridors, in a manner that 
        minimizes environmental disturbance and other siting concerns.
        ``(3) Master credit agreements.--
            ``(A) Priority projects.--The Secretary may enter into a 
        master credit agreement for a project that the Secretary 
        determines--
                ``(i) will likely be eligible for credit assistance 
            under subsection (b), on obtaining--

                    ``(I) additional commitments from associated carbon 
                capture projects to use the project; or
                    ``(II) all necessary permits and approvals; and

                ``(ii) is a project of high priority, as determined in 
            accordance with the criteria described in paragraph (2).
            ``(B) Adequate funding not available.--If the Secretary 
        fully obligates funding to eligible projects for a fiscal year 
        and adequate funding is not available to fund a Federal credit 
        instrument, a project sponsor (including a unit of State or 
        local government) of an eligible project may elect--
                ``(i)(I) to enter into a master credit agreement in 
            lieu of the Federal credit instrument; and
                ``(II) to wait to execute a Federal credit instrument 
            until the fiscal year for which additional funds are 
            available to receive credit assistance; or
                ``(ii) if the lack of adequate funding is solely with 
            respect to amounts available for the subsidy amount, to pay 
            the subsidy amount to fund the Federal credit instrument.
    ``(d) Federal Requirements.--
        ``(1) In general.--Nothing in this subtitle supersedes the 
    applicability of any other requirement under Federal law (including 
    regulations).
        ``(2) NEPA.--Federal credit assistance may only be provided 
    under this subtitle for a project that has received an 
    environmental categorical exclusion, a finding of no significant 
    impact, or a record of decision under the National Environmental 
    Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    ``(e) Use of American Iron, Steel, and Manufactured Goods.--
        ``(1) In general.--Except as provided in paragraph (2), no 
    Federal credit instrument or grant provided under the CIFIA program 
    shall be made available for a project unless all iron, steel, and 
    manufactured goods used in the project are produced in the United 
    States.
        ``(2) Exceptions.--Paragraph (1) shall not apply in any case or 
    category of cases with respect to which the Secretary determines 
    that--
            ``(A) the application would be inconsistent with the public 
        interest;
            ``(B) iron, steel, or a relevant manufactured good is not 
        produced in the United States in sufficient and reasonably 
        available quantity, or of a satisfactory quality; or
            ``(C) the inclusion of iron, steel, or a manufactured good 
        produced in the United States will increase the cost of the 
        overall project by more than 25 percent.
        ``(3) Waivers.--If the Secretary receives a request for a 
    waiver under this subsection, the Secretary shall--
            ``(A) make available to the public a copy of the request, 
        together with any information available to the Secretary 
        concerning the request--
                ``(i) on an informal basis; and
                ``(ii) by electronic means, including on the official 
            public website of the Department;
            ``(B) allow for informal public comment relating to the 
        request for not fewer than 15 days before making a 
        determination with respect to the request; and
            ``(C) approve or disapprove the request by not later than 
        the date that is 120 days after the date of receipt of the 
        request.
        ``(4) Applicability.--This subsection shall be applied in 
    accordance with any applicable obligations of the United States 
    under international agreements.
    ``(f) Application Processing Procedures.--
        ``(1) Notice of complete application.--Not later than 30 days 
    after the date of receipt of an application under this section, the 
    Secretary shall provide to the applicant a written notice 
    describing whether--
            ``(A) the application is complete; or
            ``(B) additional information or materials are needed to 
        complete the application.
        ``(2) Approval or denial of application.--Not later than 60 
    days after the date of issuance of a written notice under paragraph 
    (1), the Secretary shall provide to the applicant a written notice 
    informing the applicant whether the Secretary has approved or 
    disapproved the application.
    ``(g) Development-phase Activities.--Any Federal credit instrument 
provided under the CIFIA program may be used to finance up to 100 
percent of the cost of development-phase activities, as described in 
section 999A(4)(A).
``SEC. 999C. SECURED LOANS.
    ``(a) Agreements.--
        ``(1) In general.--Subject to paragraph (2), the Secretary may 
    enter into agreements with 1 or more obligors to make secured 
    loans, the proceeds of which--
            ``(A) shall be used--
                ``(i) to finance eligible project costs of any project 
            selected under section 999B;
                ``(ii) to refinance interim construction financing of 
            eligible project costs of any project selected under 
            section 999B; or
                ``(iii) to refinance long-term project obligations or 
            Federal credit instruments, if the refinancing provides 
            additional funding capacity for the completion, 
            enhancement, or expansion of any project that--

                    ``(I) is selected under section 999B; or
                    ``(II) otherwise meets the requirements of that 
                section; and

            ``(B) may be used in accordance with subsection (b)(7) to 
        pay any fees collected by the Secretary under subparagraph (B) 
        of that subsection.
        ``(2) Risk assessment.--Before entering into an agreement under 
    this subsection, the Secretary, in consultation with the Director 
    of the Office of Management and Budget, shall determine an 
    appropriate credit subsidy amount for each secured loan, taking 
    into account all relevant factors, including the creditworthiness 
    factors under section 999B(b)(2).
    ``(b) Terms and Limitations.--
        ``(1) In general.--A secured loan under this section with 
    respect to a project shall be on such terms and conditions and 
    contain such covenants, representations, warranties, and 
    requirements (including requirements for audits) as the Secretary 
    determines to be appropriate.
        ``(2) Maximum amount.--The amount of a secured loan under this 
    section shall not exceed an amount equal to 80 percent of the 
    reasonably anticipated eligible project costs.
        ``(3) Payment.--A secured loan under this section shall be 
    payable, in whole or in part, from--
            ``(A) user fees;
            ``(B) payments owing to the obligor under a public-private 
        partnership; or
            ``(C) other revenue sources that also secure or fund the 
        project obligations.
        ``(4) Interest rate.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the interest rate on a secured loan under this section shall be 
        not less than the interest rate reflected in the yield on 
        United States Treasury securities of a similar maturity to the 
        maturity of the secured loan on the date of execution of the 
        loan agreement.
            ``(B) Limited buydowns.--
                ``(i) In general.--Subject to clause (iii), the 
            Secretary may lower the interest rate of a secured loan 
            under this section to not lower than the interest rate 
            described in clause (ii), if the interest rate has 
            increased during the period--

                    ``(I) beginning on, as applicable--

                        ``(aa) the date on which an application 
                    acceptable to the Secretary is submitted for the 
                    applicable project; or
                        ``(bb) the date on which the Secretary entered 
                    into a master credit agreement for the applicable 
                    project; and

                    ``(II) ending on the date on which the Secretary 
                executes the Federal credit instrument for the 
                applicable project that is the subject of the secured 
                loan.

                ``(ii) Description of interest rate.--The interest rate 
            referred to in clause (i) is the interest rate reflected in 
            the yield on United States Treasury securities of a similar 
            maturity to the maturity of the secured loan in effect, as 
            applicable to the project that is the subject of the 
            secured loan, on--

                    ``(I) the date described in clause (i)(I)(aa); or
                    ``(II) the date described in clause (i)(I)(bb).

                ``(iii) Limitation.--The interest rate of a secured 
            loan may not be lowered pursuant to clause (i) by more than 
            1\1/2\ percentage points (150 basis points).
        ``(5) Maturity date.--The final maturity date of the secured 
    loan shall be the earlier of--
            ``(A) the date that is 35 years after the date of 
        substantial completion of the project; and
            ``(B) if the useful life of the capital asset being 
        financed is of a lesser period, the date that is the end of the 
        useful life of the asset.
        ``(6) Nonsubordination.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the secured loan shall not be subordinated to the claims of any 
        holder of project obligations in the event of bankruptcy, 
        insolvency, or liquidation of the obligor.
            ``(B) Preexisting indenture.--
                ``(i) In general.--The Secretary shall waive the 
            requirement under subparagraph (A) for a public agency 
            borrower that is financing ongoing capital programs and has 
            outstanding senior bonds under a preexisting indenture, 
            if--

                    ``(I) the secured loan is rated in the A category 
                or higher; and
                    ``(II) the secured loan is secured and payable from 
                pledged revenues not affected by project performance, 
                such as a tax-backed revenue pledge or a system-backed 
                pledge of project revenues.

                ``(ii) Limitation.--If the Secretary waives the 
            nonsubordination requirement under this subparagraph--

                    ``(I) the maximum credit subsidy amount to be paid 
                by the Federal Government shall be not more than 10 
                percent of the principal amount of the secured loan; 
                and
                    ``(II) the obligor shall be responsible for paying 
                the remainder of the subsidy amount, if any.

        ``(7) Fees.--
            ``(A) In general.--The Secretary may collect a fee on or 
        after the date of the financial close of a Federal credit 
        instrument under this section in an amount equal to not more 
        than $3,000,000 to cover all or a portion of the costs to the 
        Federal Government of providing the Federal credit instrument.
            ``(B) Amendment to add cost of fees to secured loan.--If 
        the Secretary collects a fee from an obligor under subparagraph 
        (A) to cover all or a portion of the costs to the Federal 
        Government of providing a secured loan, the obligor and the 
        Secretary may amend the terms of the secured loan to add to the 
        principal of the secured loan an amount equal to the amount of 
        the fee collected by the Secretary.
        ``(8) Maximum federal involvement.--The total Federal 
    assistance provided for a project under the CIFIA program, 
    including any grant provided under section 999D, shall not exceed 
    an amount equal to 80 percent of the eligible project costs.
    ``(c) Repayment.--
        ``(1) Schedule.--The Secretary shall establish a repayment 
    schedule for each secured loan under this section based on--
            ``(A) the projected cash flow from project revenues and 
        other repayment sources; and
            ``(B) the useful life of the project.
        ``(2) Commencement.--Scheduled loan repayments of principal or 
    interest on a secured loan under this section shall commence not 
    later than 5 years after the date of substantial completion of the 
    project.
        ``(3) Deferred payments.--
            ``(A) In general.--If, at any time after the date of 
        substantial completion of a project, the project is unable to 
        generate sufficient revenues in excess of reasonable and 
        necessary operating expenses to pay the scheduled loan 
        repayments of principal and interest on the secured loan, the 
        Secretary may, subject to subparagraph (C), allow the obligor 
        to add unpaid principal and interest to the outstanding balance 
        of the secured loan.
            ``(B) Interest.--Any payment deferred under subparagraph 
        (A) shall--
                ``(i) continue to accrue interest in accordance with 
            subsection (b)(4) until fully repaid; and
                ``(ii) be scheduled to be amortized over the remaining 
            term of the loan.
            ``(C) Criteria.--
                ``(i) In general.--Any payment deferral under 
            subparagraph (A) shall be contingent on the project meeting 
            criteria established by the Secretary.
                ``(ii) Repayment standards.--The criteria established 
            pursuant to clause (i) shall include standards for the 
            reasonable prospect of repayment.
        ``(4) Prepayment.--
            ``(A) Use of excess revenues.--Any excess revenues that 
        remain after satisfying scheduled debt service requirements on 
        the project obligations and secured loan and all deposit 
        requirements under the terms of any trust agreement, bond 
        resolution, or similar agreement securing project obligations 
        may be applied annually to prepay the secured loan, without 
        penalty.
            ``(B) Use of proceeds of refinancing.--A secured loan may 
        be prepaid at any time without penalty from the proceeds of 
        refinancing from non-Federal funding sources.
    ``(d) Sale of Secured Loans.--
        ``(1) In general.--Subject to paragraph (2), as soon as 
    practicable after substantial completion of a project and after 
    notifying the obligor, the Secretary may sell to another entity or 
    reoffer into the capital markets a secured loan for the project if 
    the Secretary determines that the sale or reoffering can be made on 
    favorable terms.
        ``(2) Consent of obligor.--In making a sale or reoffering under 
    paragraph (1), the Secretary may not change any original term or 
    condition of the secured loan without the written consent of the 
    obligor.
    ``(e) Loan Guarantees.--
        ``(1) In general.--The Secretary may provide a loan guarantee 
    to a lender in lieu of making a secured loan under this section if 
    the Secretary determines that the budgetary cost of the loan 
    guarantee is substantially the same as, or less than, that of a 
    secured loan.
        ``(2) Terms.--The terms of a loan guarantee under paragraph (1) 
    shall be consistent with the terms required under this section for 
    a secured loan, except that the rate on the guaranteed loan and any 
    prepayment features shall be negotiated between the obligor and the 
    lender, with the consent of the Secretary.
``SEC. 999D. FUTURE GROWTH GRANTS.
    ``(a) Establishment.--The Secretary may provide grants to pay a 
portion of the cost differential, with respect to any projected future 
increase in demand for carbon dioxide transportation by an 
infrastructure project described in subsection (b), between--
        ``(1) the cost of constructing the infrastructure asset with 
    the capacity to transport an increased flow rate of carbon dioxide, 
    as made practicable under the project; and
        ``(2) the cost of constructing the infrastructure asset with 
    the capacity to transport carbon dioxide at the flow rate initially 
    required, based on commitments for the use of the asset.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
        ``(1) be eligible to receive credit assistance under the CIFIA 
    program;
        ``(2) carry out, or propose to carry out, a project for large-
    capacity, common carrier infrastructure with a probable future 
    increase in demand for carbon dioxide transportation; and
        ``(3) submit to the Secretary an application at such time, in 
    such manner, and containing such information as the Secretary 
    determines to be appropriate.
    ``(c) Use of Funds.--A grant provided under this section may be 
used only to pay the costs of any additional flow rate capacity of a 
carbon dioxide transportation infrastructure asset that the project 
sponsor demonstrates to the satisfaction of the Secretary can 
reasonably be expected to be used during the 20-year period beginning 
on the date of substantial completion of the project described in 
subsection (b)(2).
    ``(d) Maximum Amount.--The amount of a grant provided under this 
section may not exceed an amount equal to 80 percent of the cost of the 
additional capacity described in subsection (a).
``SEC. 999E. PROGRAM ADMINISTRATION.
    ``(a) Requirement.--The Secretary shall establish a uniform system 
to service the Federal credit instruments provided under the CIFIA 
program.
    ``(b) Fees.--If funding sufficient to cover the costs of services 
of expert firms retained pursuant to subsection (d) and all or a 
portion of the costs to the Federal Government of servicing the Federal 
credit instruments is not provided in an appropriations Act for a 
fiscal year, the Secretary, during that fiscal year, may collect fees 
on or after the date of the financial close of a Federal credit 
instrument provided under the CIFIA program at a level that is 
sufficient to cover those costs.
    ``(c) Servicer.--
        ``(1) In general.--The Secretary may appoint a financial entity 
    to assist the Secretary in servicing the Federal credit 
    instruments.
        ``(2) Duties.--A servicer appointed under paragraph (1) shall 
    act as the agent for the Secretary.
        ``(3) Fee.--A servicer appointed under paragraph (1) shall 
    receive a servicing fee, subject to approval by the Secretary.
    ``(d) Assistance From Expert Firms.--The Secretary may retain the 
services of expert firms, including counsel, in the field of municipal 
and project finance to assist in the underwriting and servicing of 
Federal credit instruments.
    ``(e) Expedited Processing.--The Secretary shall implement 
procedures and measures to economize the time and cost involved in 
obtaining approval and the issuance of credit assistance under the 
CIFIA program.
``SEC. 999F. STATE AND LOCAL PERMITS.
    ``The provision of credit assistance under the CIFIA program with 
respect to a project shall not--
        ``(1) relieve any recipient of the assistance of any project 
    obligation to obtain any required State or local permit or approval 
    with respect to the project;
        ``(2) limit the right of any unit of State or local government 
    to approve or regulate any rate of return on private equity 
    invested in the project; or
        ``(3) otherwise supersede any State or local law (including any 
    regulation) applicable to the construction or operation of the 
    project.
``SEC. 999G. REGULATIONS.
    ``The Secretary may promulgate such regulations as the Secretary 
determines to be appropriate to carry out the CIFIA program.
``SEC. 999H. AUTHORIZATION OF APPROPRIATIONS; CONTRACT AUTHORITY.
    ``(a) Authorization of Appropriations.--
        ``(1) In general.--There are authorized to be appropriated to 
    the Secretary to carry out this subtitle--
            ``(A) $600,000,000 for each of fiscal years 2022 and 2023; 
        and
            ``(B) $300,000,000 for each of fiscal years 2024 through 
        2026.
        ``(2) Spending and borrowing authority.--Spending and borrowing 
    authority for a fiscal year to enter into Federal credit 
    instruments shall be promptly apportioned to the Secretary on a 
    fiscal-year basis.
        ``(3) Reestimates.--If the subsidy amount of a Federal credit 
    instrument is reestimated, the cost increase or decrease of the 
    reestimate shall be borne by, or benefit, the general fund of the 
    Treasury, consistent with section 504(f) of the Congressional 
    Budget Act of 1974 (2 U.S.C. 661c(f)).
        ``(4) Administrative costs.--Of the amounts made available to 
    carry out the CIFIA program, the Secretary may use not more than 
    $9,000,000 (as indexed for United States dollar inflation from the 
    date of enactment of the Infrastructure Investment and Jobs Act (as 
    measured by the Consumer Price Index)) each fiscal year for the 
    administration of the CIFIA program.
    ``(b) Contract Authority.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    execution of a term sheet by the Secretary of a Federal credit 
    instrument that uses amounts made available under the CIFIA program 
    shall impose on the United States a contractual obligation to fund 
    the Federal credit investment.
        ``(2) Availability.--Amounts made available to carry out the 
    CIFIA program for a fiscal year shall be available for obligation 
    on October 1 of the fiscal year.''.
    (b) Technical Amendments.--The table of contents for the Energy 
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended--
        (1) in the item relating to section 917, by striking 
    ``Efficiency'';
        (2) by striking the items relating to subtitle J of title IX 
    (relating to ultra-deepwater and unconventional natural gas and 
    other petroleum resources) and inserting the following:

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

``Sec. 999A. Definitions.
``Sec. 999B. Determination of eligibility and project selection.
``Sec. 999C. Secured loans.
``Sec. 999D. Future growth grants.
``Sec. 999E. Program administration.
``Sec. 999F. State and local permits.
``Sec. 999G. Regulations.
``Sec. 999H. Authorization of appropriations; contract authority.''; and

        (3) by striking the item relating to section 969B and inserting 
    the following:
``Sec. 969B. High efficiency turbines.''.
SEC. 40305. CARBON STORAGE VALIDATION AND TESTING.
    Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is 
amended--
        (1) in subsection (a)(1)(B), by striking ``over a 10-year 
    period'';
        (2) in subsection (b)--
            (A) in paragraph (1), by striking ``and demonstration'' and 
        inserting ``demonstration, and commercialization''; and
            (B) in paragraph (2)--
                (i) in subparagraph (G), by striking ``and'' at the 
            end;
                (ii) in subparagraph (H), by striking the period at the 
            end and inserting ``; and''; and
                (iii) by adding at the end the following:

                    ``(I) evaluating the quantity, location, and timing 
                of geologic carbon storage deployment that may be 
                needed, and developing strategies and resources to 
                enable the deployment.'';

        (3) by redesignating subsections (e) through (g) as subsections 
    (f) through (h), respectively;
        (4) by inserting after subsection (d) the following:
    ``(e) Large-scale Carbon Storage Commercialization Program.--
        ``(1) In general.--The Secretary shall establish a 
    commercialization program under which the Secretary shall provide 
    funding for the development of new or expanded commercial large-
    scale carbon sequestration projects and associated carbon dioxide 
    transport infrastructure, including funding for the feasibility, 
    site characterization, permitting, and construction stages of 
    project development.
        ``(2) Applications; selection.--
            ``(A) In general.--To be eligible to enter into an 
        agreement with the Secretary for funding under paragraph (1), 
        an entity shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary determines to be appropriate.
            ``(B) Application process.--The Secretary shall establish 
        an application process that, to the maximum extent 
        practicable--
                ``(i) is open to projects at any stage of development 
            described in paragraph (1); and
                ``(ii) facilitates expeditious development of projects 
            described in that paragraph.
            ``(C) Project selection.--In selecting projects for funding 
        under paragraph (1), the Secretary shall give priority to--
                ``(i) projects with substantial carbon dioxide storage 
            capacity; or
                ``(ii) projects that will store carbon dioxide from 
            multiple carbon capture facilities.'';
        (5) in subsection (f) (as so redesignated), in paragraph (1), 
    by inserting ``with respect to the research, development, 
    demonstration program components described in subsections (b) 
    through (d)'' before ``give preference''; and
        (6) by striking subsection (h) (as so redesignated) and 
    inserting the following:
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $2,500,000,000 
for the period of fiscal years 2022 through 2026.''.
SEC. 40306. SECURE GEOLOGIC STORAGE PERMITTING.
    (a) Definitions.--In this section:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Environmental Protection Agency.
        (2) Class vi well.--The term ``Class VI well'' means a well 
    described in section 144.6(f) of title 40, Code of Federal 
    Regulations (or successor regulations).
    (b) Authorization of Appropriations for Geologic Sequestration 
Permitting.--There is authorized to be appropriated to the 
Administrator for the permitting of Class VI wells by the Administrator 
for the injection of carbon dioxide for the purpose of geologic 
sequestration in accordance with the requirements of the Safe Drinking 
Water Act (42 U.S.C. 300f et seq.) and the final rule of the 
Administrator entitled ``Federal Requirements Under the Underground 
Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic 
Sequestration (GS) Wells'' (75 Fed. Reg. 77230 (December 10, 2010)), 
$5,000,000 for each of fiscal years 2022 through 2026.
    (c) State Permitting Program Grants.--
        (1) Establishment.--The Administrator shall award grants to 
    States that, pursuant to section 1422 of the Safe Drinking Water 
    Act (42 U.S.C. 300h-1), receive the approval of the Administrator 
    for a State underground injection control program for permitting 
    Class VI wells for the injection of carbon dioxide.
        (2) Use of funds.--A State that receives a grant under 
    paragraph (1) shall use the amounts received under the grant to 
    defray the expenses of the State related to the establishment and 
    operation of a State underground injection control program 
    described in paragraph (1).
        (3) Authorization of appropriations.--There is authorized to be 
    appropriated to the Administrator to carry out this subsection 
    $50,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40307. GEOLOGIC CARBON SEQUESTRATION ON THE OUTER CONTINENTAL 
SHELF.
    (a) Definitions.--Section 2 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331) is amended--
        (1) in the matter preceding subsection (a), by striking ``When 
    used in this Act--'' and inserting ``In this Act:'';
        (2) in each subsection, by inserting a subsection heading, the 
    text of which is comprised of the term defined in the subsection;
        (3) by striking the semicolon at the end of each subsection 
    (other than subsection (q)) and ``; and'' at the end of subsection 
    (p) and inserting a period; and
        (4) by adding at the end the following:
    ``(r) Carbon Dioxide Stream.--
        ``(1) In general.--The term `carbon dioxide stream' means 
    carbon dioxide that--
            ``(A) has been captured; and
            ``(B) consists overwhelmingly of--
                ``(i) carbon dioxide plus incidental associated 
            substances derived from the source material or capture 
            process; and
                ``(ii) any substances added to the stream for the 
            purpose of enabling or improving the injection process.
        ``(2) Exclusions.--The term `carbon dioxide stream' does not 
    include additional waste or other matter added to the carbon 
    dioxide stream for the purpose of disposal.
    ``(s) Carbon Sequestration.--The term `carbon sequestration' means 
the act of storing carbon dioxide that has been removed from the 
atmosphere or captured through physical, chemical, or biological 
processes that can prevent the carbon dioxide from reaching the 
atmosphere.''.
    (b) Leases, Easements, or Rights-of-way for Energy and Related 
Purposes.--Section 8(p)(1) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)(1)) is amended--
        (1) in subparagraph (C), by striking ``or'' after the 
    semicolon;
        (2) in subparagraph (D), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
            ``(E) provide for, support, or are directly related to the 
        injection of a carbon dioxide stream into sub-seabed geologic 
        formations for the purpose of long-term carbon 
        sequestration.''.
    (c) Clarification.--A carbon dioxide stream injected for the 
purpose of carbon sequestration under subparagraph (E) of section 
8(p)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)) 
shall not be considered to be material (as defined in section 3 of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 
1402)) for purposes of that Act (33 U.S.C. 1401 et seq.).
    (d) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior shall promulgate regulations 
to carry out the amendments made by this section.
SEC. 40308. CARBON REMOVAL.
    (a) In General.--Section 969D of the Energy Policy Act of 2005 (42 
U.S.C. 16298d) is amended--
        (1) by redesignating subsection (j) as subsection (k); and
        (2) by inserting after subsection (i) the following:
    ``(j) Regional Direct Air Capture Hubs.--
        ``(1) Definitions.--In this subsection:
            ``(A) Eligible project.--The term `eligible project' means 
        a direct air capture project or a component project of a 
        regional direct air capture hub.
            ``(B) Regional direct air capture hub.--The term `regional 
        direct air capture hub' means a network of direct air capture 
        projects, potential carbon dioxide utilization off-takers, 
        connective carbon dioxide transport infrastructure, subsurface 
        resources, and sequestration infrastructure located within a 
        region.
        ``(2) Establishment of program.--
            ``(A) In general.--The Secretary shall establish a program 
        under which the Secretary shall provide funding for eligible 
        projects that contribute to the development of 4 regional 
        direct air capture hubs described in subparagraph (B).
            ``(B) Regional direct air capture hubs.--Each of the 4 
        regional direct air capture hubs developed under the program 
        under subparagraph (A) shall be a regional direct air capture 
        hub that--
                ``(i) facilitates the deployment of direct air capture 
            projects;
                ``(ii) has the capacity to capture and sequester, 
            utilize, or sequester and utilize at least 1,000,000 metric 
            tons of carbon dioxide from the atmosphere annually from a 
            single unit or multiple interconnected units;
                ``(iii) demonstrates the capture, processing, delivery, 
            and sequestration or end-use of captured carbon; and
                ``(iv) could be developed into a regional or 
            interregional carbon network to facilitate sequestration or 
            carbon utilization.
        ``(3) Selection of projects.--
            ``(A) Solicitation of proposals.--
                ``(i) In general.--Not later than 180 days after the 
            date of enactment of the Infrastructure Investment and Jobs 
            Act, the Secretary shall solicit applications for funding 
            for eligible projects.
                ``(ii) Additional solicitations.--The Secretary shall 
            solicit applications for funding for eligible projects on a 
            recurring basis after the first round of applications is 
            received under clause (i) until all amounts appropriated to 
            carry out this subsection are expended.
            ``(B) Selection of projects for the development of regional 
        direct air capture hubs.--Not later than 3 years after the date 
        of the deadline for the submission of proposals under 
        subparagraph (A)(i), the Secretary shall select eligible 
        projects described in paragraph (2)(A).
            ``(C) Criteria.--The Secretary shall select eligible 
        projects under subparagraph (B) using the following criteria:
                ``(i) Carbon intensity of local industry.--To the 
            maximum extent practicable, each eligible project shall be 
            located in a region with--

                    ``(I) existing carbon-intensive fuel production or 
                industrial capacity; or
                    ``(II) carbon-intensive fuel production or 
                industrial capacity that has retired or closed in the 
                preceding 10 years.

                ``(ii) Geographic diversity.--To the maximum extent 
            practicable, eligible projects shall contribute to the 
            development of regional direct air capture hubs located in 
            different regions of the United States.
                ``(iii) Carbon potential.--To the maximum extent 
            practicable, eligible projects shall contribute to the 
            development of regional direct air capture hubs located in 
            regions with high potential for carbon sequestration or 
            utilization.
                ``(iv) Hubs in fossil-producing regions.--To the 
            maximum extent practicable, eligible projects shall 
            contribute to the development of at least 2 regional direct 
            air capture hubs located in economically distressed 
            communities in the regions of the United States with high 
            levels of coal, oil, or natural gas resources.
                ``(v) Scalability.--The Secretary shall give priority 
            to eligible projects that, as compared to other eligible 
            projects, will contribute to the development of regional 
            direct air capture hubs with larger initial capacity, 
            greater potential for expansion, and lower levelized cost 
            per ton of carbon dioxide removed from the atmosphere.
                ``(vi) Employment.--The Secretary shall give priority 
            to eligible projects that are likely to create 
            opportunities for skilled training and long-term employment 
            to the greatest number of residents of the region.
                ``(vii) Additional criteria.--The Secretary may take 
            into consideration other criteria that, in the judgment of 
            the Secretary, are necessary or appropriate to carry out 
            this subsection.
            ``(D) Coordination.--To the maximum extent practicable, in 
        carrying out the program under this subsection, the Secretary 
        shall take into account and coordinate with activities of the 
        carbon capture technology program established under section 
        962(b)(1), the carbon storage validation and testing program 
        established under section 963(b)(1), and the CIFIA program 
        established under section 999B(a) such that funding from each 
        of the programs is leveraged to contribute toward the 
        development of integrated regional and interregional carbon 
        capture, removal, transport, sequestration, and utilization 
        networks.
            ``(E) Funding of eligible projects.--The Secretary may make 
        grants to, or enter into cooperative agreements or contracts 
        with, each eligible project selected under subparagraph (B) to 
        accelerate commercialization of, and demonstrate the removal, 
        processing, transport, sequestration, and utilization of, 
        carbon dioxide captured from the atmosphere.
        ``(4) Authorization of appropriations.--There is authorized to 
    be appropriated to the Secretary to carry out this subsection 
    $3,500,000,000 for the period of fiscal years 2022 through 2026, to 
    remain available until expended.''.

             Subtitle B--Hydrogen Research and Development

SEC. 40311. FINDINGS; PURPOSE.
    (a) Findings.--Congress finds that--
        (1) hydrogen plays a critical part in the comprehensive energy 
    portfolio of the United States;
        (2) the use of the hydrogen resources of the United States--
            (A) promotes energy security and resilience; and
            (B) provides economic value and environmental benefits for 
        diverse applications across multiple sectors of the economy; 
        and
        (3) hydrogen can be produced from a variety of domestically 
    available clean energy sources, including--
            (A) renewable energy resources, including biomass;
            (B) fossil fuels with carbon capture, utilization, and 
        storage; and
            (C) nuclear power.
    (b) Purpose.--The purpose of this subtitle is to accelerate 
research, development, demonstration, and deployment of hydrogen from 
clean energy sources by--
        (1) providing a statutory definition for the term ``clean 
    hydrogen'';
        (2) establishing a clean hydrogen strategy and roadmap for the 
    United States;
        (3) establishing a clearing house for clean hydrogen program 
    information at the National Energy Technology Laboratory;
        (4) developing a robust clean hydrogen supply chain and 
    workforce by prioritizing clean hydrogen demonstration projects in 
    major shale gas regions;
        (5) establishing regional clean hydrogen hubs; and
        (6) authorizing appropriations to carry out the Department of 
    Energy Hydrogen Program Plan, dated November 2020, developed 
    pursuant to title VIII of the Energy Policy Act of 2005 (42 U.S.C. 
    16151 et seq.).
SEC. 40312. DEFINITIONS.
     Section 803 of the Energy Policy Act of 2005 (42 U.S.C. 16152) is 
amended--
        (1) in paragraph (5), by striking the paragraph designation and 
    heading and all that follows through ``when'' in the matter 
    preceding subparagraph (A) and inserting the following:
        ``(5) Portable; storage.--The terms `portable' and `storage', 
    when'';
        (2) by redesignating paragraphs (1) through (7) as paragraphs 
    (2) through (8), respectively; and
        (3) by inserting before paragraph (2) (as so redesignated) the 
    following:
        ``(1) Clean hydrogen; hydrogen.--The terms `clean hydrogen' and 
    `hydrogen' mean hydrogen produced in compliance with the greenhouse 
    gas emissions standard established under section 822(a), including 
    production from any fuel source.''.
SEC. 40313. CLEAN HYDROGEN RESEARCH AND DEVELOPMENT PROGRAM.
    (a) In General.--Section 805 of the Energy Policy Act of 2005 (42 
U.S. 16154) is amended--
        (1) in the section heading, by striking ``programs'' and 
    inserting ``clean hydrogen research and development program'';
        (2) in subsection (a)--
            (A) by striking ``research and development program'' and 
        inserting ``crosscutting research and development program 
        (referred to in this section as the `program')''; and
            (B) by inserting ``processing,'' after ``production,'';
        (3) by striking subsection (b) and inserting the following:
    ``(b) Goals.--The goals of the program shall be--
        ``(1) to advance research and development to demonstrate and 
    commercialize the use of clean hydrogen in the transportation, 
    utility, industrial, commercial, and residential sectors; and
        ``(2) to demonstrate a standard of clean hydrogen production in 
    the transportation, utility, industrial, commercial, and 
    residential sectors by 2040.'';
        (4) in subsection (c)(3), by striking ``renewable fuels and 
    biofuels'' and inserting ``fossil fuels with carbon capture, 
    utilization, and sequestration, renewable fuels, biofuels, and 
    nuclear energy'';
        (5) by striking subsection (e) and inserting the following:
    ``(e) Activities.--In carrying out the program, the Secretary, in 
partnership with the private sector, shall conduct activities to 
advance and support--
        ``(1) the establishment of a series of technology cost goals 
    oriented toward achieving the standard of clean hydrogen production 
    developed under section 822(a);
        ``(2) the production of clean hydrogen from diverse energy 
    sources, including--
            ``(A) fossil fuels with carbon capture, utilization, and 
        sequestration;
            ``(B) hydrogen-carrier fuels (including ethanol and 
        methanol);
            ``(C) renewable energy resources, including biomass;
            ``(D) nuclear energy; and
            ``(E) any other methods the Secretary determines to be 
        appropriate;
        ``(3) the use of clean hydrogen for commercial, industrial, and 
    residential electric power generation;
        ``(4) the use of clean hydrogen in industrial applications, 
    including steelmaking, cement, chemical feedstocks, and process 
    heat;
        ``(5) the use of clean hydrogen for use as a fuel source for 
    both residential and commercial comfort heating and hot water 
    requirements;
        ``(6) the safe and efficient delivery of hydrogen or hydrogen-
    carrier fuels, including--
            ``(A) transmission by pipelines, including retrofitting the 
        existing natural gas transportation infrastructure system to 
        enable a transition to transport and deliver increasing levels 
        of clean hydrogen, clean hydrogen blends, or clean hydrogen 
        carriers;
            ``(B) tanks and other distribution methods; and
            ``(C) convenient and economic refueling of vehicles, 
        locomotives, maritime vessels, or planes--
                ``(i) at central refueling stations; or
                ``(ii) through distributed onsite generation;
        ``(7) advanced vehicle, locomotive, maritime vessel, or plane 
    technologies, including--
            ``(A) engine and emission control systems;
            ``(B) energy storage, electric propulsion, and hybrid 
        systems;
            ``(C) automotive, locomotive, maritime vessel, or plane 
        materials; and
            ``(D) other advanced vehicle, locomotive, maritime vessel, 
        or plane technologies;
        ``(8) storage of hydrogen or hydrogen-carrier fuels, including 
    the development of materials for safe and economic storage in 
    gaseous, liquid, or solid form;
        ``(9) the development of safe, durable, affordable, and 
    efficient fuel cells, including fuel-flexible fuel cell power 
    systems, improved manufacturing processes, high-temperature 
    membranes, cost-effective fuel processing for natural gas, fuel 
    cell stack and system reliability, low-temperature operation, and 
    cold start capability;
        ``(10) the ability of domestic clean hydrogen equipment 
    manufacturers to manufacture commercially available competitive 
    technologies in the United States;
        ``(11) the use of clean hydrogen in the transportation sector, 
    including in light-, medium-, and heavy-duty vehicles, rail 
    transport, aviation, and maritime applications; and
        ``(12) in coordination with relevant agencies, the development 
    of appropriate, uniform codes and standards for the safe and 
    consistent deployment and commercialization of clean hydrogen 
    production, processing, delivery, and end-use technologies.''; and
        (6) by adding at the end the following:
    ``(j) Targets.--Not later than 180 days after the date of enactment 
of the Infrastructure Investment and Jobs Act, the Secretary shall 
establish targets for the program to address near-term (up to 2 years), 
mid-term (up to 7 years), and long-term (up to 15 years) challenges to 
the advancement of clean hydrogen systems and technologies.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by 
striking the item relating to section 805 and inserting the following:
``Sec. 805. Clean hydrogen research and development program.''.
SEC. 40314. ADDITIONAL CLEAN HYDROGEN PROGRAMS.
    Title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et 
seq.) is amended--
        (1) by redesignating sections 813 through 816 as sections 818 
    through 821, respectively; and
        (2) by inserting after section 812 the following:
    ``SEC. 813. REGIONAL CLEAN HYDROGEN HUBS.
    ``(a) Definition of Regional Clean Hydrogen Hub.--In this section, 
the term `regional clean hydrogen hub' means a network of clean 
hydrogen producers, potential clean hydrogen consumers, and connective 
infrastructure located in close proximity.
    ``(b) Establishment of Program.--The Secretary shall establish a 
program to support the development of at least 4 regional clean 
hydrogen hubs that--
        ``(1) demonstrably aid the achievement of the clean hydrogen 
    production standard developed under section 822(a);
        ``(2) demonstrate the production, processing, delivery, 
    storage, and end-use of clean hydrogen; and
        ``(3) can be developed into a national clean hydrogen network 
    to facilitate a clean hydrogen economy.
    ``(c) Selection of Regional Clean Hydrogen Hubs.--
        ``(1) Solicitation of proposals.--Not later than 180 days after 
    the date of enactment of the Infrastructure Investment and Jobs 
    Act, the Secretary shall solicit proposals for regional clean 
    hydrogen hubs.
        ``(2) Selection of hubs.--Not later than 1 year after the 
    deadline for the submission of proposals under paragraph (1), the 
    Secretary shall select at least 4 regional clean hydrogen hubs to 
    be developed under subsection (b).
        ``(3) Criteria.--The Secretary shall select regional clean 
    hydrogen hubs under paragraph (2) using the following criteria:
            ``(A) Feedstock diversity.--To the maximum extent 
        practicable--
                ``(i) at least 1 regional clean hydrogen hub shall 
            demonstrate the production of clean hydrogen from fossil 
            fuels;
                ``(ii) at least 1 regional clean hydrogen hub shall 
            demonstrate the production of clean hydrogen from renewable 
            energy; and
                ``(iii) at least 1 regional clean hydrogen hub shall 
            demonstrate the production of clean hydrogen from nuclear 
            energy.
            ``(B) End-use diversity.--To the maximum extent 
        practicable--
                ``(i) at least 1 regional clean hydrogen hub shall 
            demonstrate the end-use of clean hydrogen in the electric 
            power generation sector;
                ``(ii) at least 1 regional clean hydrogen hub shall 
            demonstrate the end-use of clean hydrogen in the industrial 
            sector;
                ``(iii) at least 1 regional clean hydrogen hub shall 
            demonstrate the end-use of clean hydrogen in the 
            residential and commercial heating sector; and
                ``(iv) at least 1 regional clean hydrogen hub shall 
            demonstrate the end-use of clean hydrogen in the 
            transportation sector.
            ``(C) Geographic diversity.--To the maximum extent 
        practicable, each regional clean hydrogen hub--
                ``(i) shall be located in a different region of the 
            United States; and
                ``(ii) shall use energy resources that are abundant in 
            that region.
            ``(D) Hubs in natural gas-producing regions.--To the 
        maximum extent practicable, at least 2 regional clean hydrogen 
        hubs shall be located in the regions of the United States with 
        the greatest natural gas resources.
            ``(E) Employment.--The Secretary shall give priority to 
        regional clean hydrogen hubs that are likely to create 
        opportunities for skilled training and long-term employment to 
        the greatest number of residents of the region.
            ``(F) Additional criteria.--The Secretary may take into 
        consideration other criteria that, in the judgment of the 
        Secretary, are necessary or appropriate to carry out this title
        ``(4) Funding of regional clean hydrogen hubs.--The Secretary 
    may make grants to each regional clean hydrogen hub selected under 
    paragraph (2) to accelerate commercialization of, and demonstrate 
    the production, processing, delivery, storage, and end-use of, 
    clean hydrogen.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $8,000,000,000 
for the period of fiscal years 2022 through 2026.
    ``SEC. 814. NATIONAL CLEAN HYDROGEN STRATEGY AND ROADMAP.
    ``(a) Development.--
        ``(1) In general.--In carrying out the programs established 
    under sections 805 and 813, the Secretary, in consultation with the 
    heads of relevant offices of the Department, shall develop a 
    technologically and economically feasible national strategy and 
    roadmap to facilitate widescale production, processing, delivery, 
    storage, and use of clean hydrogen.
        ``(2) Inclusions.--The national clean hydrogen strategy and 
    roadmap developed under paragraph (1) shall focus on--
            ``(A) establishing a standard of hydrogen production that 
        achieves the standard developed under section 822(a), including 
        interim goals towards meeting that standard;
            ``(B)(i) clean hydrogen production and use from natural 
        gas, coal, renewable energy sources, nuclear energy, and 
        biomass; and
            ``(ii) identifying potential barriers, pathways, and 
        opportunities, including Federal policy needs, to transition to 
        a clean hydrogen economy;
            ``(C) identifying--
                ``(i) economic opportunities for the production, 
            processing, transport, storage, and use of clean hydrogen 
            that exist in the major shale natural gas-producing regions 
            of the United States;
                ``(ii) economic opportunities for the production, 
            processing, transport, storage, and use of clean hydrogen 
            that exist for merchant nuclear power plants operating in 
            deregulated markets; and
                ``(iii) environmental risks associated with potential 
            deployment of clean hydrogen technologies in those regions, 
            and ways to mitigate those risks;
            ``(D) approaches, including substrategies, that reflect 
        geographic diversity across the country, to advance clean 
        hydrogen based on resources, industry sectors, environmental 
        benefits, and economic impacts in regional economies;
            ``(E) identifying opportunities to use, and barriers to 
        using, existing infrastructure, including all components of the 
        natural gas infrastructure system, the carbon dioxide pipeline 
        infrastructure system, end-use local distribution networks, 
        end-use power generators, LNG terminals, industrial users of 
        natural gas, and residential and commercial consumers of 
        natural gas, for clean hydrogen deployment;
            ``(F) identifying the needs for and barriers and pathways 
        to developing clean hydrogen hubs (including, where 
        appropriate, clean hydrogen hubs coupled with carbon capture, 
        utilization, and storage hubs) that--
                ``(i) are regionally dispersed across the United States 
            and can leverage natural gas to the maximum extent 
            practicable;
                ``(ii) can demonstrate the efficient production, 
            processing, delivery, and use of clean hydrogen;
                ``(iii) include transportation corridors and modes of 
            transportation, including transportation of clean hydrogen 
            by pipeline and rail and through ports; and
                ``(iv) where appropriate, could serve as joint clean 
            hydrogen and carbon capture, utilization, and storage hubs;
            ``(G) prioritizing activities that improve the ability of 
        the Department to develop tools to model, analyze, and optimize 
        single-input, multiple-output integrated hybrid energy systems 
        and multiple-input, multiple-output integrated hybrid energy 
        systems that maximize efficiency in providing hydrogen, high-
        value heat, electricity, and chemical synthesis services;
            ``(H) identifying the appropriate points of interaction 
        between and among Federal agencies involved in the production, 
        processing, delivery, storage, and use of clean hydrogen and 
        clarifying the responsibilities of those Federal agencies, and 
        potential regulatory obstacles and recommendations for 
        modifications, in order to support the deployment of clean 
        hydrogen; and
            ``(I) identifying geographic zones or regions in which 
        clean hydrogen technologies could efficiently and economically 
        be introduced in order to transition existing infrastructure to 
        rely on clean hydrogen, in support of decarbonizing all 
        relevant sectors of the economy.
    ``(b) Reports to Congress.--
        ``(1) In general.--Not later than 180 days after the date of 
    enactment of the Infrastructure Investment and Jobs Act, the 
    Secretary shall submit to Congress the clean hydrogen strategy and 
    roadmap developed under subsection (a).
        ``(2) Updates.--The Secretary shall submit to Congress updates 
    to the clean hydrogen strategy and roadmap under paragraph (1) not 
    less frequently than once every 3 years after the date on which the 
    Secretary initially submits the report and roadmap.
    ``SEC. 815. CLEAN HYDROGEN MANUFACTURING AND RECYCLING.
    ``(a) Clean Hydrogen Manufacturing Initiative.--
        ``(1) In general.--In carrying out the programs established 
    under sections 805 and 813, the Secretary shall award multiyear 
    grants to, and enter into contracts, cooperative agreements, or any 
    other agreements authorized under this Act or other Federal law 
    with, eligible entities (as determined by the Secretary) for 
    research, development, and demonstration projects to advance new 
    clean hydrogen production, processing, delivery, storage, and use 
    equipment manufacturing technologies and techniques.
        ``(2) Priority.--In awarding grants or entering into contracts, 
    cooperative agreements, or other agreements under paragraph (1), 
    the Secretary, to the maximum extent practicable, shall give 
    priority to clean hydrogen equipment manufacturing projects that--
            ``(A) increase efficiency and cost-effectiveness in--
                ``(i) the manufacturing process; and
                ``(ii) the use of resources, including existing energy 
            infrastructure;
            ``(B) support domestic supply chains for materials and 
        components;
            ``(C) identify and incorporate nonhazardous alternative 
        materials for components and devices;
            ``(D) operate in partnership with tribal energy development 
        organizations, Indian Tribes, Tribal organizations, Native 
        Hawaiian community-based organizations, or territories or 
        freely associated States; or
            ``(E) are located in economically distressed areas of the 
        major natural gas-producing regions of the United States.
        ``(3) Evaluation.--Not later than 3 years after the date of 
    enactment of the Infrastructure Investment and Jobs Act, and not 
    less frequently than once every 4 years thereafter, the Secretary 
    shall conduct, and make available to the public and the relevant 
    committees of Congress, an independent review of the progress of 
    the projects carried out through grants awarded, or contracts, 
    cooperative agreements, or other agreements entered into, under 
    paragraph (1).
    ``(b) Clean Hydrogen Technology Recycling Research, Development, 
and Demonstration Program.--
        ``(1) In general.--In carrying out the programs established 
    under sections 805 and 813, the Secretary shall award multiyear 
    grants to, and enter into contracts, cooperative agreements, or any 
    other agreements authorized under this Act or other Federal law 
    with, eligible entities for research, development, and 
    demonstration projects to create innovative and practical 
    approaches to increase the reuse and recycling of clean hydrogen 
    technologies, including by--
            ``(A) increasing the efficiency and cost-effectiveness of 
        the recovery of raw materials from clean hydrogen technology 
        components and systems, including enabling technologies such as 
        electrolyzers and fuel cells;
            ``(B) minimizing environmental impacts from the recovery 
        and disposal processes;
            ``(C) addressing any barriers to the research, development, 
        demonstration, and commercialization of technologies and 
        processes for the disassembly and recycling of devices used for 
        clean hydrogen production, processing, delivery, storage, and 
        use;
            ``(D) developing alternative materials, designs, 
        manufacturing processes, and other aspects of clean hydrogen 
        technologies;
            ``(E) developing alternative disassembly and resource 
        recovery processes that enable efficient, cost-effective, and 
        environmentally responsible disassembly of, and resource 
        recovery from, clean hydrogen technologies; and
            ``(F) developing strategies to increase consumer acceptance 
        of, and participation in, the recycling of fuel cells.
        ``(2) Dissemination of results.--The Secretary shall make 
    available to the public and the relevant committees of Congress the 
    results of the projects carried out through grants awarded, or 
    contracts, cooperative agreements, or other agreements entered 
    into, under paragraph (1), including any educational and outreach 
    materials developed by the projects.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $500,000,000 
for the period of fiscal years 2022 through 2026.
    ``SEC. 816. CLEAN HYDROGEN ELECTROLYSIS PROGRAM.
    ``(a) Definitions.--In this section:
        ``(1) Electrolysis.--The term `electrolysis' means a process 
    that uses electricity to split water into hydrogen and oxygen.
        ``(2) Electrolyzer.--The term `electrolyzer' means a system 
    that produces hydrogen using electrolysis.
        ``(3) Program.--The term `program' means the program 
    established under subsection (b).
    ``(b) Establishment.--Not later than 90 days after the date of 
enactment of the Infrastructure Investment and Jobs Act, the Secretary 
shall establish a research, development, demonstration, 
commercialization, and deployment program for purposes of 
commercialization to improve the efficiency, increase the durability, 
and reduce the cost of producing clean hydrogen using electrolyzers.
    ``(c) Goals.--The goals of the program are--
        ``(1) to reduce the cost of hydrogen produced using 
    electrolyzers to less than $2 per kilogram of hydrogen by 2026; and
        ``(2) any other goals the Secretary determines are appropriate.
    ``(d) Demonstration Projects.--In carrying out the program, the 
Secretary shall fund demonstration projects--
        ``(1) to demonstrate technologies that produce clean hydrogen 
    using electrolyzers; and
        ``(2) to validate information on the cost, efficiency, 
    durability, and feasibility of commercial deployment of the 
    technologies described in paragraph (1).
    ``(e) Focus.--The program shall focus on research relating to, and 
the development, demonstration, and deployment of--
        ``(1) low-temperature electrolyzers, including liquid-alkaline 
    electrolyzers, membrane-based electrolyzers, and other advanced 
    electrolyzers, capable of converting intermittent sources of 
    electric power to clean hydrogen with enhanced efficiency and 
    durability;
        ``(2) high-temperature electrolyzers that combine electricity 
    and heat to improve the efficiency of clean hydrogen production;
        ``(3) advanced reversible fuel cells that combine the 
    functionality of an electrolyzer and a fuel cell;
        ``(4) new highly active, selective, and durable electrolyzer 
    catalysts and electro-catalysts that--
            ``(A) greatly reduce or eliminate the need for platinum 
        group metals; and
            ``(B) enable electrolysis of complex mixtures with 
        impurities, including seawater;
        ``(5) modular electrolyzers for distributed energy systems and 
    the bulk-power system (as defined in section 215(a) of the Federal 
    Power Act (16 U.S.C. 824o(a)));
        ``(6) low-cost membranes or electrolytes and separation 
    materials that are durable in the presence of impurities or 
    seawater;
        ``(7) improved component design and material integration, 
    including with respect to electrodes, porous transport layers and 
    bipolar plates, and balance-of-system components, to allow for 
    scale-up and domestic manufacturing of electrolyzers at a high 
    volume;
        ``(8) clean hydrogen storage technologies;
        ``(9) technologies that integrate hydrogen production with--
            ``(A) clean hydrogen compression and drying technologies;
            ``(B) clean hydrogen storage; and
            ``(C) transportation or stationary systems; and
        ``(10) integrated systems that combine hydrogen production with 
    renewable power or nuclear power generation technologies, including 
    hybrid systems with hydrogen storage.
    ``(f) Grants, Contracts, Cooperative Agreements.--
        ``(1) Grants.--In carrying out the program, the Secretary shall 
    award grants, on a competitive basis, to eligible entities for 
    projects that the Secretary determines would provide the greatest 
    progress toward achieving the goal of the program described in 
    subsection (c).
        ``(2) Contracts and cooperative agreements.--In carrying out 
    the program, the Secretary may enter into contracts and cooperative 
    agreements with eligible entities and Federal agencies for projects 
    that the Secretary determines would further the purpose of the 
    program described in subsection (b).
        ``(3) Eligibility; applications.--
            ``(A) In general.--The eligibility of an entity to receive 
        a grant under paragraph (1), to enter into a contract or 
        cooperative agreement under paragraph (2), or to receive 
        funding for a demonstration project under subsection (d) shall 
        be determined by the Secretary.
            ``(B) Applications.--An eligible entity desiring to receive 
        a grant under paragraph (1), to enter into a contract or 
        cooperative agreement under paragraph (2), or to receive 
        funding for a demonstration project under subsection (d) shall 
        submit to the Secretary an application at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the program $1,000,000,000 
for the period of fiscal years 2022 through 2026, to remain available 
until expended.
    ``SEC. 817. LABORATORY MANAGEMENT.
    ``(a) In General.--The National Energy Technology Laboratory, the 
Idaho National Laboratory, and the National Renewable Energy Laboratory 
shall continue to work in a crosscutting manner to carry out the 
programs established under sections 813 and 815.
    ``(b) Coordination; Clearinghouse.--In carrying out subsection (a), 
the National Energy Technology Laboratory shall--
        ``(1) coordinate with--
            ``(A) the Idaho National Laboratory, the National Renewable 
        Energy Laboratory, and other National Laboratories in a cross-
        cutting manner;
            ``(B) institutions of higher education;
            ``(C) research institutes;
            ``(D) industrial researchers; and
            ``(E) international researchers; and
        ``(2) act as a clearinghouse to collect information from, and 
    distribute information to, the National Laboratories and other 
    entities described in subparagraphs (B) through (E) of paragraph 
    (1).''.
SEC. 40315. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
    (a) In General.--The Energy Policy Act of 2005 (42 U.S.C. 16151 et 
seq.) (as amended by section 40314(1)) is amended by adding at the end 
the following:
    ``SEC. 822. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Infrastructure Investment and Jobs Act, the Secretary, 
in consultation with the Administrator of the Environmental Protection 
Agency and after taking into account input from industry and other 
stakeholders, as determined by the Secretary, shall develop an initial 
standard for the carbon intensity of clean hydrogen production that 
shall apply to activities carried out under this title.
    ``(b) Requirements.--
        ``(1) In general.--The standard developed under subsection (a) 
    shall--
            ``(A) support clean hydrogen production from each source 
        described in section 805(e)(2);
            ``(B) define the term `clean hydrogen' to mean hydrogen 
        produced with a carbon intensity equal to or less than 2 
        kilograms of carbon dioxide-equivalent produced at the site of 
        production per kilogram of hydrogen produced; and
            ``(C) take into consideration technological and economic 
        feasibility.
        ``(2) Adjustment.--Not later than the date that is 5 years 
    after the date on which the Secretary develops the standard under 
    subsection (a), the Secretary, in consultation with the 
    Administrator of the Environmental Protection Agency and after 
    taking into account input from industry and other stakeholders, as 
    determined by the Secretary, shall--
            ``(A) determine whether the definition of clean hydrogen 
        required under paragraph (1)(B) should be adjusted below the 
        standard described in that paragraph; and
            ``(B) if the Secretary determines the adjustment described 
        in subparagraph (A) is appropriate, carry out the adjustment.
    ``(c) Application.--The standard developed under subsection (a) 
shall apply to clean hydrogen production from renewable, fossil fuel 
with carbon capture, utilization, and sequestration technologies, 
nuclear, and other fuel sources using any applicable production 
technology.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by 
striking the items relating to sections 813 through 816 and inserting 
the following:
``Sec. 813. Regional clean hydrogen hubs.
``Sec. 814. National clean hydrogen strategy and roadmap.
``Sec. 815. Clean hydrogen manufacturing and recycling.
``Sec. 816. Clean hydrogen electrolysis program.
``Sec. 817. Laboratory management.
``Sec. 818. Technology transfer
``Sec. 819. Miscellaneous provisions.
``Sec. 820. Cost sharing.
``Sec. 821. Savings clause.
``Sec. 822. Clean hydrogen production qualifications.''.

               Subtitle C--Nuclear Energy Infrastructure

SEC. 40321. INFRASTRUCTURE PLANNING FOR MICRO AND SMALL MODULAR NUCLEAR 
REACTORS.
    (a) Definitions.--In this section:
        (1) Advanced nuclear reactor.-- The term ``advanced nuclear 
    reactor'' has the meaning given the term in section 951(b) of the 
    Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
        (2) Isolated community.--The term ``isolated community'' has 
    the meaning given the term in section 8011(a) of the Energy Act of 
    2020 (42 U.S.C. 17392(a)).
        (3) Micro-reactor.--The term ``micro-reactor'' means an 
    advanced nuclear reactor that has an electric power production 
    capacity that is not greater than 50 megawatts.
        (4) National laboratory.--The term ``National Laboratory'' has 
    the meaning given the term in section 2 of the Energy Policy Act of 
    2005 (42 U.S.C. 15801).
        (5) Small modular reactor.--The term ``small modular reactor'' 
    means an advanced nuclear reactor--
            (A) with a rated capacity of less than 300 electrical 
        megawatts; and
            (B) that can be constructed and operated in combination 
        with similar reactors at a single site.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committees on Energy and 
Commerce and Science, Space, and Technology of the House of 
Representatives a report that describes how the Department could 
enhance energy resilience and reduce carbon emissions with the use of 
micro-reactors and small modular reactors.
    (c) Elements.--The report required by subsection (b) shall address 
the following:
        (1) An evaluation by the Department of current resilience and 
    carbon reduction requirements for energy for facilities of the 
    Department to determine whether changes are needed to address--
            (A) the need to provide uninterrupted power to facilities 
        of the Department for at least 3 days during power grid 
        failures;
            (B) the need for protection against cyber threats and 
        electromagnetic pulses; and
            (C) resilience to extreme natural events, including 
        earthquakes, volcanic activity, tornados, hurricanes, floods, 
        tsunamis, lahars, landslides, seiches, a large quantity of 
        snowfall, and very low or high temperatures.
        (2) A strategy of the Department for using nuclear energy to 
    meet resilience and carbon reduction goals of facilities of the 
    Department.
        (3) A strategy to partner with private industry to develop and 
    deploy micro-reactors and small modular reactors to remote 
    communities in order to replace diesel generation and other fossil 
    fuels.
        (4) An assessment by the Department of the value associated 
    with enhancing the resilience of a facility of the Department by 
    transitioning to power from micro-reactors and small modular 
    reactors and to co-located nuclear facilities with the capability 
    to provide dedicated power to the facility of the Department during 
    a grid outage or failure.
        (5) The plans of the Department--
            (A) for deploying a micro-reactor and a small modular 
        reactor to produce energy for use by a facility of the 
        Department in the United States by 2026;
            (B) for deploying a small modular reactor to produce energy 
        for use by a facility of the Department in the United States by 
        2029; and
            (C) to include micro-reactors and small modular reactors in 
        the planning for meeting future facility energy needs.
    (d) Financial and Technical Assistance for Siting Micro-reactors, 
Small Modular Reactors, and Advanced Nuclear Reactors.--
        (1) In general.--The Secretary shall offer financial and 
    technical assistance to entities to conduct feasibility studies for 
    the purpose of identifying suitable locations for the deployment of 
    micro-reactors, small modular reactors, and advanced nuclear 
    reactors in isolated communities.
        (2) Requirement.--Prior to providing financial and technical 
    assistance under paragraph (1), the Secretary shall conduct robust 
    community engagement and outreach for the purpose of identifying 
    levels of interest in isolated communities.
        (3) Limitation.--The Secretary shall not disburse more than 50 
    percent of the amounts available for financial assistance under 
    this subsection to the National Laboratories.
SEC. 40322. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS AND 
PROTECTION OF INFORMATION RELATING TO CERTAIN AGREEMENTS.
    (a) Property Interests Relating to Federally Funded Advanced 
Nuclear Reactor Projects.--
        (1) Definitions.--In this section:
            (A) Advanced nuclear reactor.--The term ``advanced nuclear 
        reactor'' has the meaning given the term in section 951(b) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
            (B) Property interest.--
                (i) In general.--Except as provided in clause (ii), the 
            term ``property interest'' means any interest in real 
            property or personal property (as those terms are defined 
            in section 200.1 of title 2, Code of Federal Regulations 
            (as in effect on the date of enactment of this Act)).
                (ii) Exclusion.--The term ``property interest'' does 
            not include any interest in intellectual property developed 
            using funding provided under a project described in 
            paragraph (3).
        (2) Assignment of property interests.--The Secretary may assign 
    to any entity, including the United States, fee title or any other 
    property interest acquired by the Secretary under an agreement 
    entered into with respect to a project described in paragraph (3).
        (3) Project described.--A project referred to in paragraph (2) 
    is--
            (A) a project for which funding is provided pursuant to the 
        funding opportunity announcement of the Department numbered DE-
        FOA-0002271, including any project for which funding has been 
        provided pursuant to that announcement as of the date of 
        enactment of this Act;
            (B) any other project for which funding is provided using 
        amounts made available for the Advanced Reactor Demonstration 
        Program of the Department under the heading ``Nuclear Energy'' 
        under the heading ``ENERGY PROGRAMS'' in title III of division 
        C of the Further Consolidated Appropriations Act, 2020 (Public 
        Law 116-94; 133 Stat. 2670);
            (C) any other project for which Federal funding is provided 
        under the Advanced Reactor Demonstration Program of the 
        Department; or
            (D) a project--
                (i) relating to advanced nuclear reactors; and
                (ii) for which Federal funding is provided under a 
            program focused on development and demonstration.
        (4) Retroactive vesting.--The vesting of fee title or any other 
    property interest assigned under paragraph (2) shall be retroactive 
    to the date on which the applicable project first received Federal 
    funding as described in any of subparagraphs (A) through (D) of 
    paragraph (3).
    (b) Considerations in Cooperative Research and Development 
Agreements.--
        (1) In general.--Section 12(c)(7)(B) of the Stevenson-Wydler 
    Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)) is 
    amended--
            (A) by inserting ``(i)'' after ``(B)'';
            (B) in clause (i), as so designated, by striking ``The 
        director'' and inserting ``Subject to clause (ii), the 
        director''; and
            (C) by adding at the end the following:

                    ``(II) The agency may authorize the director to 
                provide appropriate protections against dissemination 
                described in clause (i) for a total period of not more 
                than 30 years if the agency determines that the nature 
                of the information protected against dissemination, 
                including nuclear technology, could reasonably require 
                an extended period of that protection to reach 
                commercialization.''.

        (2) Applicability.--
            (A) Definition.--In this subsection, the term ``cooperative 
        research and development agreement'' has the meaning given the 
        term in section 12(d) of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3710a(d)).
            (B) Retroactive effect.--Clause (ii) of section 12(c)(7)(B) 
        of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3710a(c)(7)(B)), as added by subsection (a) of this 
        section, shall apply with respect to any cooperative research 
        and development agreement that is in effect as of the day 
        before the date of enactment of this Act.
    (c) Department of Energy Contracts.--Section 646(g)(5) of the 
Department of Energy Organization Act (42 U.S.C. 7256(g)(5)) is 
amended--
        (1) by striking ``(5) The Secretary'' and inserting the 
    following:
        ``(5) Protection from disclosure.--
            ``(A) In general.--The Secretary''; and
        (2) in subparagraph (A) (as so designated)--
            (A) by striking ``, for up to 5 years after the date on 
        which the information is developed,''; and
            (B) by striking ``agency.'' and inserting the following: 
        ``agency--
                ``(i) for up to 5 years after the date on which the 
            information is developed; or
                ``(ii) for up to 30 years after the date on which the 
            information is developed, if the Secretary determines that 
            the nature of the technology under the transaction, 
            including nuclear technology, could reasonably require an 
            extended period of protection from disclosure to reach 
            commercialization.
            ``(B) Extension during term.--The Secretary may extend the 
        period of protection from disclosure during the term of any 
        transaction described in subparagraph (A) in accordance with 
        that subparagraph.''.
SEC. 40323. CIVIL NUCLEAR CREDIT PROGRAM.
    (a) Definitions.--In this section:
        (1) Certified nuclear reactor.--The term ``certified nuclear 
    reactor'' means a nuclear reactor that--
            (A) competes in a competitive electricity market; and
            (B) is certified under subsection (c)(2)(A)(i) to submit a 
        sealed bid in accordance with subsection (d).
        (2) Credit.--The term ``credit'' means a credit allocated to a 
    certified nuclear reactor under subsection (e)(2).
    (b) Establishment of Program.--The Secretary shall establish a 
civil nuclear credit program--
        (1) to evaluate nuclear reactors that are projected to cease 
    operations due to economic factors; and
        (2) to allocate credits to certified nuclear reactors that are 
    selected under paragraph (1)(B) of subsection (e) to receive 
    credits under paragraph (2) of that subsection.
    (c) Certification.--
        (1) Application.--
            (A) In general.--In order to be certified under paragraph 
        (2)(A)(i), the owner or operator of a nuclear reactor that is 
        projected to cease operations due to economic factors shall 
        submit to the Secretary an application at such time, in such 
        manner, and containing such information as the Secretary 
        determines to be appropriate, including--
                (i) information on the operating costs necessary to 
            make the determination described in paragraph 
            (2)(A)(ii)(I), including--

                    (I) the average projected annual operating loss in 
                dollars per megawatt-hour, inclusive of the cost of 
                operational and market risks, expected to be incurred 
                by the nuclear reactor over the 4-year period for which 
                credits would be allocated;
                    (II) any private or publicly available data with 
                respect to current or projected bulk power market 
                prices;
                    (III) out-of-market revenue streams;
                    (IV) operations and maintenance costs;
                    (V) capital costs, including fuel; and
                    (VI) operational and market risks;

                (ii) an estimate of the potential incremental air 
            pollutants that would result if the nuclear reactor were to 
            cease operations;
                (iii) known information on the source of produced 
            uranium and the location where the uranium is converted, 
            enriched, and fabricated into fuel assemblies for the 
            nuclear reactor for the 4-year period for which credits 
            would be allocated; and
                (iv) a detailed plan to sustain operations at the 
            conclusion of the applicable 4-year period for which 
            credits would be allocated--

                    (I) without receiving additional credits; or
                    (II) with the receipt of additional credits of a 
                lower amount than the credits allocated during that 4-
                year credit period.

            (B) Timeline.--The Secretary shall accept applications 
        described in subparagraph (A)--
                (i) until the date that is 120 days after the date of 
            enactment of this Act; and
                (ii) not less frequently than every year thereafter.
            (C) Payments from state programs.--
                (i) In general.--The owner or operator of a nuclear 
            reactor that receives a payment from a State zero-emission 
            credit, a State clean energy contract, or any other State 
            program with respect to that nuclear reactor shall be 
            eligible to submit an application under subparagraph (A) 
            with respect to that nuclear reactor during any application 
            period beginning after the 120-day period beginning on the 
            date of enactment of this Act.
                (ii) Requirement.--An application submitted by an owner 
            or operator described in clause (i) with respect to a 
            nuclear reactor described in that clause shall include all 
            projected payments from State programs in determining the 
            average projected annual operating loss described in 
            subparagraph (A)(i)(I), unless the credits allocated to the 
            nuclear reactor pursuant to that application will be used 
            to reduce those payments.
        (2) Determination to certify.--
            (A) Determination.--
                (i) In general.--Not later than 60 days after the 
            applicable date under subparagraph (B) of paragraph (1), 
            the Secretary shall determine whether to certify, in 
            accordance with clauses (ii) and (iii), each nuclear 
            reactor for which an application is submitted under 
            subparagraph (A) of that paragraph.
                (ii) Minimum requirements.--To the maximum extent 
            practicable, the Secretary shall only certify a nuclear 
            reactor under clause (i) if--

                    (I) after considering the information submitted 
                under paragraph (1)(A)(i), the Secretary determines 
                that the nuclear reactor is projected to cease 
                operations due to economic factors;
                    (II) after considering the estimate submitted under 
                paragraph (1)(A)(ii), the Secretary determines that 
                pollutants would increase if the nuclear reactor were 
                to cease operations and be replaced with other types of 
                power generation; and
                    (III) the Nuclear Regulatory Commission has 
                reasonable assurance that the nuclear reactor--

                        (aa) will continue to be operated in accordance 
                    with the current licensing basis (as defined in 
                    section 54.3 of title 10, Code of Federal 
                    Regulations (or successor regulations) of the 
                    nuclear reactor; and
                        (bb) poses no significant safety hazards.
                (iii) Priority.--In determining whether to certify a 
            nuclear reactor under clause (i), the Secretary shall give 
            priority to a nuclear reactor that uses, to the maximum 
            extent available, uranium that is produced, converted, 
            enriched, and fabricated into fuel assemblies in the United 
            States.
            (B) Notice.--For each application received under paragraph 
        (1)(A), the Secretary shall provide to the applicable owner or 
        operator, as applicable--
                (i) a notice of the certification of the applicable 
            nuclear reactor; or
                (ii) a notice that describes the reasons why the 
            certification of the applicable nuclear reactor was denied.
    (d) Bidding Process.--
        (1) In general.--Subject to paragraph (2), the Secretary shall 
    establish a deadline by which each certified nuclear reactor shall 
    submit to the Secretary a sealed bid that--
            (A) describes the price per megawatt-hour of the credits 
        desired by the certified nuclear reactor, which shall not 
        exceed the average projected annual operating loss described in 
        subsection (c)(1)(A)(i)(I); and
            (B) includes a commitment, subject to the receipt of 
        credits, to provide a specific number of megawatt-hours of 
        generation during the 4-year period for which credits would be 
        allocated.
        (2) Requirement.--The deadline established under paragraph (1) 
    shall be not later than 30 days after the first date on which the 
    Secretary has made the determination described in paragraph 
    (2)(A)(i) of subsection (c) with respect to each application 
    submitted under paragraph (1)(A) of that subsection.
    (e) Allocation.--
        (1) Auction.--Notwithstanding section 169 of the Atomic Energy 
    Act of 1954 (42 U.S.C. 2209), the Secretary shall--
            (A) in consultation with the heads of applicable Federal 
        agencies, establish a process for evaluating bids submitted 
        under subsection (d)(1) through an auction process; and
            (B) select certified nuclear reactors to be allocated 
        credits.
        (2) Credits.--Subject to subsection (f)(2), on selection under 
    paragraph (1), a certified nuclear reactor shall be allocated 
    credits for a 4-year period beginning on the date of the selection.
        (3) Requirement.--To the maximum extent practicable, the 
    Secretary shall use the amounts made available for credits under 
    this section to allocate credits to as many certified nuclear 
    reactors as possible.
    (f) Renewal.--
        (1) In general.--The owner or operator of a certified nuclear 
    reactor may seek to recertify the nuclear reactor in accordance 
    with this section.
        (2) Limitation.--Notwithstanding any other provision of this 
    section, the Secretary may not allocate any credits after September 
    30, 2031.
    (g) Additional Requirements.--
        (1) Audit.--During the 4-year period beginning on the date on 
    which a certified nuclear reactor first receives a credit, the 
    Secretary shall periodically audit the certified nuclear reactor.
        (2) Recapture.--The Secretary shall, by regulation, provide for 
    the recapture of the allocation of any credit to a certified 
    nuclear reactor that, during the period described in paragraph 
    (1)--
            (A) terminates operations; or
            (B) does not operate at an annual loss in the absence of an 
        allocation of credits to the certified nuclear reactor.
        (3) Confidentiality.--The Secretary shall establish procedures 
    to ensure that any confidential, private, proprietary, or 
    privileged information that is included in a sealed bid submitted 
    under this section is not publicly disclosed or otherwise 
    improperly used.
    (h) Report.--Not later than January 1, 2024, the Comptroller 
General of the United States shall submit to Congress a report with 
respect to the credits allocated to certified nuclear reactors, which 
shall include--
        (1) an evaluation of the effectiveness of the credits in 
    avoiding air pollutants while ensuring grid reliability;
        (2) a quantification of the ratepayer savings achieved under 
    this section; and
        (3) any recommendations to renew or expand the credits.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $6,000,000,000 
for the period of fiscal years 2022 through 2026.

                         Subtitle D--Hydropower

SEC. 40331. HYDROELECTRIC PRODUCTION INCENTIVES.
    Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881) is 
amended--
        (1) in subsection (b)(2), by striking ``before the date of the 
    enactment of this section'' and inserting ``before the date of 
    enactment of the Infrastructure Investment and Jobs Act'';
        (2) in the undesignated matter following subsection (b)(3), by 
    striking ``the date of the enactment of this section'' and 
    inserting ``the date of enactment of the Infrastructure Investment 
    and Jobs Act'';
        (3) in subsection (e)(1), in the second sentence, by striking 
    ``$750,000'' and inserting ``$1,000,000''; and
        (4) by striking subsection (g) and inserting the following:
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $125,000,000 
for fiscal year 2022, to remain available until expended.''.
SEC. 40332. HYDROELECTRIC EFFICIENCY IMPROVEMENT INCENTIVES.
    (a) In General.--Section 243 of the Energy Policy Act of 2005 (42 
U.S.C. 15882) is amended--
        (1) in the section heading, by inserting ``incentives'' after 
    ``improvement'';
        (2) in subsection (b)--
            (A) in the first sentence, by striking ``10 percent'' and 
        inserting ``30 percent'';
            (B) in the second sentence--
                (i) by striking ``$750,000'' and inserting 
            ``$5,000,000''; and
                (ii) by inserting ``in any 1 fiscal year'' before the 
            period at the end; and
        (3) by striking subsection (c) and inserting the following:
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $75,000,000 for fiscal year 2022 
to remain available until expended.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by 
striking the item relating to section 243 and inserting the following:
``243. Hydroelectric efficiency improvement incentives.''.
SEC. 40333. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
    (a) In General.--Subtitle C of title II of the Energy Policy Act of 
2005 (Public Law 109-58; 119 Stat. 674) is amended by adding at the end 
the following:
    ``SEC. 247. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
    ``(a) Definition of Qualified Hydroelectric Facility.--In this 
section, the term `qualified hydroelectric facility' means a 
hydroelectric project that--
        ``(1)(A) is licensed by the Federal Energy Regulatory 
    Commission; or
        ``(B) is a hydroelectric project constructed, operated, or 
    maintained pursuant to a permit or valid existing right-of-way 
    granted prior to June 10, 1920, or a license granted pursuant to 
    the Federal Power Act (16 U.S.C. 791a et seq.);
        ``(2) is placed into service before the date of enactment of 
    this section; and
        ``(3)(A) is in compliance with all applicable Federal, Tribal, 
    and State requirements; or
        ``(B) would be brought into compliance with the requirements 
    described in subparagraph (A) as a result of the capital 
    improvements carried out using an incentive payment under this 
    section.
    ``(b) Incentive Payments.--The Secretary shall make incentive 
payments to the owners or operators of qualified hydroelectric 
facilities for capital improvements directly related to--
        ``(1) improving grid resiliency, including--
            ``(A) adapting more quickly to changing grid conditions;
            ``(B) providing ancillary services (including black start 
        capabilities, voltage support, and spinning reserves);
            ``(C) integrating other variable sources of electricity 
        generation; and
            ``(D) managing accumulated reservoir sediments;
        ``(2) improving dam safety to ensure acceptable performance 
    under all loading conditions (including static, hydrologic, and 
    seismic conditions), including--
            ``(A) the maintenance or upgrade of spillways or other 
        appurtenant structures;
            ``(B) dam stability improvements, including erosion repair 
        and enhanced seepage controls; and
            ``(C) upgrades or replacements of floodgates or natural 
        infrastructure restoration or protection to improve flood risk 
        reduction; or
        ``(3) environmental improvements, including--
            ``(A) adding or improving safe and effective fish passage, 
        including new or upgraded turbine technology, fish ladders, 
        fishways, and all other associated technology, equipment, or 
        other fish passage technology to a qualified hydroelectric 
        facility;
            ``(B) improving the quality of the water retained or 
        released by a qualified hydroelectric facility;
            ``(C) promoting downstream sediment transport processes and 
        habitat maintenance; and
            ``(D) improving recreational access to the project 
        vicinity, including roads, trails, boat ingress and egress, 
        flows to improve recreation, and infrastructure that improves 
        river recreation opportunity.
    ``(c) Limitations.--
        ``(1) Costs.--Incentive payments under this section shall not 
    exceed 30 percent of the costs of the applicable capital 
    improvement.
        ``(2) Maximum amount.--Not more than 1 incentive payment may be 
    made under this section with respect to capital improvements at a 
    single qualified hydroelectric facility in any 1 fiscal year, the 
    amount of which shall not exceed $5,000,000.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $553,600,000 
for fiscal year 2022, to remain available until expended.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by 
inserting after the item relating to section 246 the following:
``247. Maintaining and enhancing hydroelectricity incentives.''.
SEC. 40334. PUMPED STORAGE HYDROPOWER WIND AND SOLAR INTEGRATION AND 
SYSTEM RELIABILITY INITIATIVE.
    Section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232) is 
amended--
        (1) by redesignating subsections (e) through (g) as subsections 
    (f) through (h), respectively; and
        (2) by inserting after subsection (d) the following:
    ``(e) Pumped Storage Hydropower Wind and Solar Integration and 
System Reliability Initiative.--
        ``(1) Definition of eligible entity.--In this subsection, the 
    term `eligible entity' means--
            ``(A)(i) an electric utility, including--
                ``(I) a political subdivision of a State, such as a 
            municipally owned electric utility; or
                ``(II) an instrumentality of a State composed of 
            municipally owned electric utilities;
            ``(ii) an electric cooperative; or
            ``(iii) an investor-owned utility;
            ``(B) an Indian Tribe or Tribal organization;
            ``(C) a State energy office;
            ``(D) an institution of higher education; and
            ``(E) a consortium of the entities described in 
        subparagraphs (A) through (D).
        ``(2) Demonstration project.--
            ``(A) In general.--Not later than September 30, 2023, the 
        Secretary shall, to the maximum extent practicable, enter into 
        an agreement with an eligible entity to provide financial 
        assistance to the eligible entity to carry out project design, 
        transmission studies, power market assessments, and permitting 
        for a pumped storage hydropower project to facilitate the long-
        duration storage of intermittent renewable electricity.
            ``(B) Project requirements.--To be eligible for financial 
        assistance under subparagraph (A), a project shall--
                ``(i) be designed to provide not less than 1,000 
            megawatts of storage capacity;
                ``(ii) be able to provide energy and capacity for use 
            in more than 1 organized electricity market;
                ``(iii) be able to store electricity generated by 
            intermittent renewable electricity projects located on 
            Tribal land; and
                ``(iv) have received a preliminary permit from the 
            Federal Energy Regulatory Commission.
            ``(C) Matching requirement.--An eligible entity receiving 
        financial assistance under subparagraph (A) shall provide 
        matching funds equal to or greater than the amount of financial 
        assistance provided under that subparagraph.
        ``(3) Authorization of appropriations.--There is authorized to 
    be appropriated to carry out this subsection $2,000,000 for each of 
    fiscal years 2022 through 2026.''.
SEC. 40335. AUTHORITY FOR PUMPED STORAGE HYDROPOWER DEVELOPMENT USING 
MULTIPLE BUREAU OF RECLAMATION RESERVOIRS.
    Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 
485h(c)) is amended--
        (1) in paragraph (1), in the fourth sentence, by striking ``, 
    including small conduit hydropower development'' and inserting 
    ``and reserve to the Secretary the exclusive authority to develop 
    small conduit hydropower using Bureau of Reclamation facilities and 
    pumped storage hydropower exclusively using Bureau of Reclamation 
    reservoirs''; and
        (2) in paragraph (8), by striking ``has been filed with the 
    Federal Energy Regulatory Commission as of the date of the 
    enactment of the Bureau of Reclamation Small Conduit Hydropower 
    Development and Rural Jobs Act'' and inserting ``was filed with the 
    Federal Energy Regulatory Commission before August 9, 2013, and is 
    still pending''.
SEC. 40336. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF POWER 
PRIVILEGE.
    (a) Definitions.--In this section:
        (1) Commission.--The term ``Commission'' means the Federal 
    Energy Regulatory Commission.
        (2) Director.--The term ``Director'' means the Director of the 
    Office of Hearings and Appeals.
        (3) Office of hearings and appeals.--The term ``Office of 
    Hearings and Appeals'' means the Office of Hearings and Appeals of 
    the Department of the Interior.
        (4) Party.--The term ``party'', with respect to a study plan 
    agreement, means each of the following parties to the study plan 
    agreement:
            (A) The proposed lessee.
            (B) The Tribes.
        (5) Project.--The term ``project'' means a proposed pumped 
    storage facility that--
            (A) would use multiple Bureau of Reclamation reservoirs; 
        and
            (B) as of June 1, 2017, was subject to a preliminary permit 
        issued by the Commission pursuant to section 4(f) of the 
        Federal Power Act (16 U.S.C. 797(f)).
        (6) Proposed lessee.--The term ``proposed lessee'' means the 
    proposed lessee of a project.
        (7) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (8) Study plan.--The term ``study plan'' means the plan 
    described in subsection (d)(1).
        (9) Study plan agreement.--The term ``study plan agreement'' 
    means an agreement entered into under subsection (b)(1) and 
    described in subsection (c).
        (10) Tribes.--The term ``Tribes'' means--
            (A) the Confederated Tribes of the Colville Reservation; 
        and
            (B) the Spokane Tribe of Indians of the Spokane 
        Reservation.
    (b) Requirement for Issuance of Leases of Power Privilege.--The 
Secretary shall not issue a lease of power privilege pursuant to 
section 9(c)(1) of the Reclamation Project Act of 1939 (43 U.S.C. 
485h(c)(1)) (as amended by section 40335) for a project unless--
        (1) the proposed lessee and the Tribes have entered into a 
    study plan agreement; or
        (2) the Secretary or the Director, as applicable, makes a final 
    determination for--
            (A) a study plan agreement under subsection (c)(2); or
            (B) a study plan under subsection (d).
    (c) Study Plan Agreement Requirements.--
        (1) In general.--A study plan agreement shall--
            (A) establish the deadlines for the proposed lessee to 
        formally respond in writing to comments and study requests 
        about the project previously submitted to the Commission;
            (B) allow for the parties to submit additional comments and 
        study requests if any aspect of the project, as proposed, 
        differs from an aspect of the project, as described in a 
        preapplication document provided to the Commission;
            (C) except as expressly agreed to by the parties or as 
        provided in paragraph (2) or subsection (d), require that the 
        proposed lessee conduct each study described in--
                (i) a study request about the project previously 
            submitted to the Commission; or
                (ii) any additional study request submitted in 
            accordance with the study plan agreement;
            (D) require that the proposed lessee study any potential 
        adverse economic effects of the project on the Tribes, 
        including effects on--
                (i) annual payments to the Confederated Tribes of the 
            Colville Reservation under section 5(b) of the Confederated 
            Tribes of the Colville Reservation Grand Coulee Dam 
            Settlement Act (Public Law 103-436; 108 Stat. 4579); and
                (ii) annual payments to the Spokane Tribe of Indians of 
            the Spokane Reservation authorized after the date of 
            enactment of this Act, the amount of which derives from the 
            annual payments described in clause (i);
            (E) establish a protocol for communication and consultation 
        between the parties;
            (F) provide mechanisms for resolving disputes between the 
        parties regarding implementation and enforcement of the study 
        plan agreement; and
            (G) contain other provisions determined to be appropriate 
        by the parties.
        (2) Disputes.--
            (A) In general.--If the parties cannot agree to the terms 
        of a study plan agreement or implementation of those terms, the 
        parties shall submit to the Director, for final determination 
        on the terms or implementation of the study plan agreement, 
        notice of the dispute, consistent with paragraph (1)(F), to the 
        extent the parties have agreed to a study plan agreement.
            (B) Inclusion.--A dispute covered by subparagraph (A) may 
        include the view of a proposed lessee that an additional study 
        request submitted in accordance with paragraph (1)(B) is not 
        reasonably calculated to assist the Secretary in evaluating the 
        potential impacts of the project.
            (C) Timing.--The Director shall issue a determination 
        regarding a dispute under subparagraph (A) not later than 120 
        days after the date on which the Director receives notice of 
        the dispute under that subparagraph.
    (d) Study Plan.--
        (1) In general.--The proposed lessee shall submit to the 
    Secretary for approval a study plan that details the proposed 
    methodology for performing each of the studies--
            (A) identified in the study plan agreement of the proposed 
        lessee; or
            (B) determined by the Director in a final determination 
        regarding a dispute under subsection (c)(2).
        (2) Initial determination.--Not later than 60 days after the 
    date on which the Secretary receives the study plan under paragraph 
    (1), the Secretary shall make an initial determination that--
            (A) approves the study plan;
            (B) rejects the study plan on the grounds that the study 
        plan--
                (i) lacks sufficient detail on a proposed methodology 
            for a study identified in the study plan agreement; or
                (ii) is inconsistent with the study plan agreement; or
            (C) imposes additional study plan requirements that the 
        Secretary determines are necessary to adequately define the 
        potential effects of the project on--
                (i) the exercise of the paramount hunting, fishing, and 
            boating rights of the Tribes reserved pursuant to the Act 
            of June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d 
            et seq.);
                (ii) the annual payments described in clauses (i) and 
            (ii) of subsection (c)(1)(D);
                (iii) the Columbia Basin project (as defined in section 
            1 of the Act of May 27, 1937 (50 Stat. 208, chapter 269; 57 
            Stat. 14, chapter 14; 16 U.S.C. 835));
                (iv) historic properties and cultural or spiritually 
            significant resources; and
                (v) the environment.
        (3) Objections.--
            (A) In general.--Not later than 30 days after the date on 
        which the Secretary makes an initial determination under 
        paragraph (2), the Tribes or the proposed lessee may submit to 
        the Director an objection to the initial determination.
            (B) Final determination.--Not later than 120 days after the 
        date on which the Director receives an objection under 
        subparagraph (A), the Director shall--
                (i) hold a hearing on the record regarding the 
            objection; and
                (ii) make a final determination that establishes the 
            study plan, including a description of studies the proposed 
            lessee is required to perform.
        (4) No objections.--If no objections are submitted by the 
    deadline described in paragraph (3)(A), the initial determination 
    of the Secretary under paragraph (2) shall be final.
    (e) Conditions of Lease.--
        (1) Consistency with rights of tribes; protection, mitigation, 
    and enhancement of fish and wildlife.--
            (A) In general.--Any lease of power privilege issued by the 
        Secretary for a project under subsection (b) shall contain 
        conditions--
                (i) to ensure that the project is consistent with, and 
            will not interfere with, the exercise of the paramount 
            hunting, fishing, and boating rights of the Tribes reserved 
            pursuant to the Act of June 29, 1940 (54 Stat. 703, chapter 
            460; 16 U.S.C. 835d et seq.); and
                (ii) to adequately and equitably protect, mitigate 
            damages to, and enhance fish and wildlife, including 
            related spawning grounds and habitat, affected by the 
            development, operation, and management of the project.
            (B) Recommendations of the tribes.--The conditions required 
        under subparagraph (A) shall be based on joint recommendations 
        of the Tribes.
            (C) Resolving inconsistencies.--
                (i) In general.--If the Secretary determines that any 
            recommendation of the Tribes under subparagraph (B) is not 
            reasonably calculated to ensure the project is consistent 
            with subparagraph (A) or is inconsistent with the 
            requirements of the Reclamation Project Act of 1939 (43 
            U.S.C. 485 et seq.), the Secretary shall attempt to resolve 
            any such inconsistency with the Tribes, giving due weight 
            to the recommendations and expertise of the Tribes.
                (ii) Publication of findings.--If, after an attempt to 
            resolve an inconsistency under clause (i), the Secretary 
            does not adopt in whole or in part a recommendation of the 
            Tribes under subparagraph (B), the Secretary shall issue 
            each of the following findings, including a statement of 
            the basis for each of the findings:

                    (I) A finding that adoption of the recommendation 
                is inconsistent with the requirements of the 
                Reclamation Project Act of 1939 (43 U.S.C. 485 et 
                seq.).
                    (II) A finding that the conditions selected by the 
                Secretary to be contained in the lease of power 
                privilege under subparagraph (A) comply with the 
                requirements of clauses (i) and (ii) of that 
                subparagraph.

        (2) Annual charges payable by licensee.--
            (A) In general.--Subject to subparagraph (B), any lease of 
        power privilege issued by the Secretary for a project under 
        subsection (b) shall contain conditions that require the lessee 
        of the project to make direct payments to the Tribes through 
        reasonable annual charges in an amount that recompenses the 
        Tribes for any adverse economic effect of the project 
        identified in a study performed pursuant to the study plan 
        agreement for the project.
            (B) Agreement.--
                (i) In general.--The amount of the annual charges 
            described in subparagraph (A) shall be established through 
            agreement between the proposed lessee and the Tribes.
                (ii) Condition.--The agreement under clause (i), 
            including any modification of the agreement, shall be 
            deemed to be a condition to the lease of power privilege 
            issued by the Secretary for a project under subsection (b).
            (C) Dispute resolution.--
                (i) In general.--If the proposed lessee and the Tribes 
            cannot agree to the terms of an agreement under 
            subparagraph (B)(i), the proposed lessee and the Tribes 
            shall submit notice of the dispute to the Director.
                (ii) Resolution.--The Director shall resolve the 
            dispute described in clause (i) not later than 180 days 
            after the date on which the Director receives notice of the 
            dispute under that clause.
        (3) Additional conditions.--The Secretary may include in any 
    lease of power privilege issued by the Secretary for a project 
    under subsection (b) other conditions determined appropriate by the 
    Secretary, on the condition that the conditions shall be consistent 
    with the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.).
        (4) Consultation.--In establishing conditions under this 
    subsection, the Secretary shall consult with the Tribes.
    (f) Deadlines.--The Secretary or any officer of the Office of 
Hearing and Appeals before whom a proceeding is pending under this 
section may extend any deadline or enlarge any timeframe described in 
this section--
        (1) at the discretion of the Secretary or the officer; or
        (2) on a showing of good cause by any party.
    (g) Judicial Review.--Any final action of the Secretary or the 
Director made pursuant to this section shall be subject to judicial 
review in accordance with chapter 7 of title 5, United States Code.
    (h) Effect on Other Projects.--Nothing in this section establishes 
any precedent or is binding on any Bureau of Reclamation lease of power 
privilege, other than for a project.

                       Subtitle E--Miscellaneous

SEC. 40341. SOLAR ENERGY TECHNOLOGIES ON CURRENT AND FORMER MINE LAND.
    Section 3004 of the Energy Act of 2020 (42 U.S.C. 16238) is 
amended--
        (1) in subsection (a)--
            (A) by redesignating paragraphs (6) through (15) as 
        paragraphs (7) through (16), respectively; and
            (B) by inserting after paragraph (5) the following:
        ``(6) Mine land.--The term `mine land' means--
            ``(A) land subject to titles IV and V of the Surface Mining 
        Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30 
        U.S.C. 1251 et seq.); and
            ``(B) land that has been claimed or patented subject to 
        sections 2319 through 2344 of the Revised Statutes (commonly 
        known as the `Mining Law of 1872') (30 U.S.C. 22 et seq.).''; 
        and
        (2) in subsection (b)(6)(B)--
            (A) in the matter preceding clause (i), by inserting ``, in 
        consultation with the Secretary of the Interior and the 
        Administrator of the Environmental Protection Agency for 
        purposes of clause (iv),'' after ``the Secretary'';
            (B) in clause (iii), by striking ``and'' after the 
        semicolon;
            (C) by redesignating clause (iv) as clause (v); and
            (D) by inserting after clause (iii) the following:
                ``(iv) a description of the technical and economic 
            viability of siting solar energy technologies on current 
            and former mine land, including necessary interconnection 
            and transmission siting and the impact on local job 
            creation; and''.
SEC. 40342. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER 
MINE LAND.
    (a) Definitions.--In this section:
        (1) Clean energy project.--The term ``clean energy project'' 
    means a project that demonstrates 1 or more of the following 
    technologies:
            (A) Solar.
            (B) Micro-grids.
            (C) Geothermal.
            (D) Direct air capture.
            (E) Fossil-fueled electricity generation with carbon 
        capture, utilization, and sequestration.
            (F) Energy storage, including pumped storage hydropower and 
        compressed air storage.
            (G) Advanced nuclear technologies.
        (2) Economically distressed area.--The term ``economically 
    distressed area'' means an area described in section 301(a) of the 
    Public Works and Economic Development Act of 1965 (42 U.S.C. 
    3161(a)).
        (3) Mine land.--The term ``mine land'' means--
            (A) land subject to titles IV and V of the Surface Mining 
        Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30 
        U.S.C. 1251 et seq.); and
            (B) land that has been claimed or patented subject to 
        sections 2319 through 2344 of the Revised Statutes (commonly 
        known as the ``Mining Law of 1872'') (30 U.S.C. 22 et seq.).
        (4) Program.--The term ``program'' means the demonstration 
    program established under subsection (b).
    (b) Establishment.--The Secretary shall establish a program to 
demonstrate the technical and economic viability of carrying out clean 
energy projects on current and former mine land.
    (c) Selection of Demonstration Projects.--
        (1) In general.--In carrying out the program, the Secretary 
    shall select not more than 5 clean energy projects, to be carried 
    out in geographically diverse regions, at least 2 of which shall be 
    solar projects.
        (2) Eligibility.--To be eligible to be selected for 
    participation in the program under paragraph (1), a clean energy 
    project shall demonstrate, as determined by the Secretary, a 
    technology on a current or former mine land site with a reasonable 
    expectation of commercial viability.
        (3) Priority.--In selecting clean energy projects for 
    participation in the program under paragraph (1), the Secretary 
    shall prioritize clean energy projects that will--
            (A) be carried out in a location where the greatest number 
        of jobs can be created from the successful demonstration of the 
        clean energy project;
            (B) provide the greatest net impact in avoiding or reducing 
        greenhouse gas emissions;
            (C) provide the greatest domestic job creation (both 
        directly and indirectly) during the implementation of the clean 
        energy project;
            (D) provide the greatest job creation and economic 
        development in the vicinity of the clean energy project, 
        particularly--
                (i) in economically distressed areas; and
                (ii) with respect to dislocated workers who were 
            previously employed in manufacturing, coal power plants, or 
            coal mining;
            (E) have the greatest potential for technological 
        innovation and commercial deployment;
            (F) have the lowest levelized cost of generated or stored 
        energy;
            (G) have the lowest rate of greenhouse gas emissions per 
        unit of electricity generated or stored; and
            (H) have the shortest project time from permitting to 
        completion.
        (4) Project selection.--The Secretary shall solicit proposals 
    for clean energy projects and select clean energy project finalists 
    in consultation with the Secretary of the Interior, the 
    Administrator of the Environmental Protection Agency, and the 
    Secretary of Labor.
        (5) Compatibility with existing operations.--Prior to selecting 
    a clean energy project for participation in the program under 
    paragraph (1), the Secretary shall consult with, as applicable, 
    mining claimholders or operators or the relevant Office of Surface 
    Mining Reclamation and Enforcement Abandoned Mine Land program 
    office to confirm--
            (A) that the proposed project is compatible with any 
        current mining, exploration, or reclamation activities; and
            (B) the valid existing rights of any mining claimholders or 
        operators.
    (d) Consultation.--The Secretary shall consult with the Director of 
the Office of Surface Mining Reclamation and Enforcement and the 
Administrator of the Environmental Protection Agency, acting through 
the Office of Brownfields and Land Revitalization, to determine whether 
it is necessary to promulgate regulations or issue guidance in order to 
prioritize and expedite the siting of clean energy projects on current 
and former mine land sites.
    (e) Technical Assistance.--The Secretary shall provide technical 
assistance to project applicants selected for participation in the 
program under subsection (c) to assess the needed interconnection, 
transmission, and other grid components and permitting and siting 
necessary to interconnect, on current and former mine land where the 
project will be sited, any generation or storage with the electric 
grid.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $500,000,000 
for the period of fiscal years 2022 through 2026.
SEC. 40343. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR ENERGY AND RELATED 
PURPOSES ON THE OUTER CONTINENTAL SHELF.
    Section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)(1)(C)) is amended by inserting ``storage,'' before ``or 
transmission''.

TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
             Subtitle A--Department of Energy Loan Program

SEC. 40401. DEPARTMENT OF ENERGY LOAN PROGRAMS.
    (a) Title XVII Innovative Energy Loan Guarantee Program.--
        (1) Reasonable prospect of repayment.--Section 1702(d)(1) of 
    the Energy Policy Act of 2005 (42 U.S.C. 16512(d)(1)) is amended--
            (A) by striking the paragraph designation and heading and 
        all that follows through ``No guarantee'' and inserting the 
        following:
        ``(1) Requirement.--
            ``(A) In general.--No guarantee''; and
            (B) by adding at the end the following:
            ``(B) Reasonable prospect of repayment.--The Secretary 
        shall base a determination of whether there is reasonable 
        prospect of repayment under subparagraph (A) on a comprehensive 
        evaluation of whether the borrower has a reasonable prospect of 
        repaying the guaranteed obligation for the eligible project, 
        including, as applicable, an evaluation of--
                ``(i) the strength of the contractual terms of the 
            eligible project (if commercially reasonably available);
                ``(ii) the forecast of noncontractual cash flows 
            supported by market projections from reputable sources, as 
            determined by the Secretary;
                ``(iii) cash sweeps and other structure enhancements;
                ``(iv) the projected financial strength of the 
            borrower--

                    ``(I) at the time of loan close; and
                    ``(II) throughout the loan term after the project 
                is completed;

                ``(v) the financial strength of the investors and 
            strategic partners of the borrower, if applicable; and
                ``(vi) other financial metrics and analyses that are 
            relied on by the private lending community and nationally 
            recognized credit rating agencies, as determined 
            appropriate by the Secretary.''.
        (2) Loan guarantees for projects that increase the domestically 
    produced supply of critical minerals.--
            (A) In general.--Section 1703(b) of the Energy Policy Act 
        of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end 
        the following:
        ``(13) Projects that increase the domestically produced supply 
    of critical minerals (as defined in section 7002(a) of the Energy 
    Act of 2020 (30 U.S.C. 1606(a)), including through the production, 
    processing, manufacturing, recycling, or fabrication of mineral 
    alternatives.''.
            (B) Prohibition on use of previously appropriated funds.--
        Amounts appropriated to the Department of Energy before the 
        date of enactment of this Act shall not be made available for 
        the cost of loan guarantees made under paragraph (13) of 
        section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 
        16513(b)).
            (C) Prohibition on use of previously available commitment 
        authority.--Amounts made available to the Department of Energy 
        for commitments to guarantee loans under section 1703 of the 
        Energy Policy Act of 2005 (42 U.S.C. 16513) before the date of 
        enactment of this Act shall not be made available for 
        commitments to guarantee loans for projects described in 
        paragraph (13) of section 1703(b) of the Energy Policy Act of 
        2005 (42 U.S.C. 16513(b)).
        (3) Conflicts of interest.--Section 1702 of the Energy Policy 
    Act of 2005 (42 U.S.C. 16512) is amended by adding at the end the 
    following:
    ``(r) Conflicts of Interest.--For each project selected for a 
guarantee under this title, the Secretary shall certify that political 
influence did not impact the selection of the project.''.
    (b) Advanced Technology Vehicle Manufacturing.--
        (1) Eligibility.--Section 136(a)(1) of the Energy Independence 
    and Security Act of 2007 (42 U.S.C. 17013(a)(1)) is amended--
            (A) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon;
            (B) by redesignating subparagraphs (A) through (C) as 
        clauses (i) through (iii), respectively, and indenting 
        appropriately;
            (C) in the matter preceding clause (i) (as so 
        redesignated), by striking ``means an ultra'' and inserting the 
        following: ``means--
            ``(A) an ultra''; and
            (D) by adding at the end the following:
            ``(B) a medium duty vehicle or a heavy duty vehicle that 
        exceeds 125 percent of the greenhouse gas emissions and fuel 
        efficiency standards established by the final rule of the 
        Environmental Protection Agency entitled `Greenhouse Gas 
        Emissions and Fuel Efficiency Standards for Medium- and Heavy-
        Duty Engines and Vehicles--Phase 2' (81 Fed. Reg. 73478 
        (October 25, 2016));
            ``(C) a train or locomotive;
            ``(D) a maritime vessel;
            ``(E) an aircraft; and
            ``(F) hyperloop technology.''.
        (2) Reasonable prospect of repayment.--Section 136(d) of the 
    Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)) 
    is amended--
            (A) by striking paragraph (3) and inserting the following:
        ``(3) Selection of eligible projects.--
            ``(A) In general.--The Secretary shall select eligible 
        projects to receive loans under this subsection if the 
        Secretary determines that--
                ``(i) the loan recipient--

                    ``(I) has a reasonable prospect of repaying the 
                principal and interest on the loan;
                    ``(II) will provide sufficient information to the 
                Secretary for the Secretary to ensure that the 
                qualified investment is expended efficiently and 
                effectively; and
                    ``(III) has met such other criteria as may be 
                established and published by the Secretary; and

                ``(ii) the amount of the loan (when combined with 
            amounts available to the loan recipient from other sources) 
            will be sufficient to carry out the project.
            ``(B) Reasonable prospect of repayment.--The Secretary 
        shall base a determination of whether there is a reasonable 
        prospect of repayment of the principal and interest on a loan 
        under subparagraph (A)(i)(I) on a comprehensive evaluation of 
        whether the loan recipient has a reasonable prospect of 
        repaying the principal and interest, including, as applicable, 
        an evaluation of--
                ``(i) the strength of the contractual terms of the 
            eligible project (if commercially reasonably available);
                ``(ii) the forecast of noncontractual cash flows 
            supported by market projections from reputable sources, as 
            determined by the Secretary;
                ``(iii) cash sweeps and other structure enhancements;
                ``(iv) the projected financial strength of the loan 
            recipient--

                    ``(I) at the time of loan close; and
                    ``(II) throughout the loan term after the project 
                is completed;

                ``(v) the financial strength of the investors and 
            strategic partners of the loan recipient, if applicable; 
            and
                ``(vi) other financial metrics and analyses that are 
            relied on by the private lending community and nationally 
            recognized credit rating agencies, as determined 
            appropriate by the Secretary.''; and
            (B) in paragraph (4)--
                (i) in subparagraph (C), by striking ``and'' after the 
            semicolon;
                (ii) in subparagraph (D), by striking the period at the 
            end and inserting ``; and''; and
                (iii) by adding at the end the following:
            ``(E) shall be subject to the condition that the loan is 
        not subordinate to other financing.''.
        (3) Additional reforms.--Section 136 of the Energy Independence 
    and Security Act of 2007 (42 U.S.C. 17013) is amended--
            (A) in subsection (b) by striking ``ultra efficient vehicle 
        manufacturers, and component suppliers'' and inserting ``ultra 
        efficient vehicle manufacturers, advanced technology vehicle 
        manufacturers, and component suppliers'';
            (B) in subsection (h)--
                (i) in the subsection heading, by striking 
            ``Automobile'' and inserting ``Advanced Technology 
            Vehicle''; and
                (ii) in paragraph (1)(B), by striking ``automobiles, or 
            components of automobiles'' and inserting ``advanced 
            technology vehicles, or components of advanced technology 
            vehicles'';
            (C) by striking subsection (i);
            (D) by redesignating subsection (j) as subsection (i); and
            (E) by adding at the end the following:
    ``(j) Coordination.--In carrying out this section, the Secretary 
shall coordinate with relevant vehicle, bioenergy, and hydrogen and 
fuel cell demonstration project activities supported by the Department.
    ``(k) Outreach.--In carrying out this section, the Secretary 
shall--
        ``(1) provide assistance with the completion of applications 
    for awards or loans under this section; and
        ``(2) conduct outreach, including through conferences and 
    online programs, to disseminate information on awards and loans 
    under this section to potential applicants.
    ``(l) Prohibition on Use of Appropriated Funds.--Amounts 
appropriated to the Secretary before the date of enactment of this 
subsection shall not be available to the Secretary to provide awards 
under subsection (b) or loans under subsection (d) for the costs of 
activities that were not eligible for those awards or loans on the day 
before that date.
    ``(m) Report.--Not later than 2 years after the date of enactment 
of this subsection, and every 3 years thereafter, the Secretary shall 
submit to Congress a report on the status of projects supported by a 
loan under this section, including--
        ``(1) a list of projects receiving a loan under this section, 
    including the loan amount and construction status of each project;
        ``(2) the status of the loan repayment for each project, 
    including future repayment projections;
        ``(3) data regarding the number of direct and indirect jobs 
    retained, restored, or created by financed projects;
        ``(4) the number of new projects projected to receive a loan 
    under this section in the next 2 years, including the projected 
    aggregate loan amount over the next 2 years;
        ``(5) evaluation of ongoing compliance with the assurances and 
    commitments, and of the predictions, made by applicants pursuant to 
    paragraphs (2) and (3) of subsection (d);
        ``(6) the total number of applications received by the 
    Department each year; and
        ``(7) any other metrics the Secretary determines 
    appropriate.''.
        (4) Conflicts of interest.--Section 136(d) of the Energy 
    Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is 
    amended by adding at the end the following:
        ``(5) Conflicts of interest.--For each eligible project 
    selected to receive a loan under this subsection, the Secretary 
    shall certify that political influence did not impact the selection 
    of the eligible project.''.
    (c) State Loan Eligibility.--
        (1) Definitions.--Section 1701 of the Energy Policy Act of 2005 
    (42 U.S.C. 16511) is amended by adding at the end the following:
        ``(6) State.--The term `State' has the meaning given the term 
    in section 202 of the Energy Conservation and Production Act (42 
    U.S.C. 6802).
        ``(7) State energy financing institution.--
            ``(A) In general.--The term `State energy financing 
        institution' means a quasi-independent entity or an entity 
        within a State agency or financing authority established by a 
        State--
                ``(i) to provide financing support or credit 
            enhancements, including loan guarantees and loan loss 
            reserves, for eligible projects; and
                ``(ii) to create liquid markets for eligible projects, 
            including warehousing and securitization, or take other 
            steps to reduce financial barriers to the deployment of 
            existing and new eligible projects.
            ``(B) Inclusion.--The term `State energy financing 
        institution' includes an entity or organization established to 
        achieve the purposes described in clauses (i) and (ii) of 
        subparagraph (A) by an Indian Tribal entity or an Alaska Native 
        Corporation.''.
        (2) Terms and conditions.--Section 1702 of the Energy Policy 
    Act of 2005 (42 U.S.C. 16512) is amended--
            (A) in subsection (a), by inserting ``, including projects 
        receiving financial support or credit enhancements from a State 
        energy financing institution,'' after ``for projects'';
            (B) in subsection (d)(1), by inserting ``, including a 
        guarantee for a project receiving financial support or credit 
        enhancements from a State energy financing institution,'' after 
        ``No guarantee''; and
            (C) by adding at the end the following:
    ``(r) State Energy Financing Institutions.--
        ``(1) Eligibility.--To be eligible for a guarantee under this 
    title, a project receiving financial support or credit enhancements 
    from a State energy financing institution--
            ``(A) shall meet the requirements of section 1703(a)(1); 
        and
            ``(B) shall not be required to meet the requirements of 
        section 1703(a)(2).
        ``(2) Partnerships authorized.--In carrying out a project 
    receiving a loan guarantee under this title, State energy financing 
    institutions may enter into partnerships with private entities, 
    Tribal entities, and Alaska Native corporations.
        ``(3) Prohibition on use of appropriated funds.--Amounts 
    appropriated to the Department of Energy before the date of 
    enactment of this subsection shall not be available to be used for 
    the cost of loan guarantees for projects receiving financing 
    support or credit enhancements under this subsection.''.
    (d) Loan Guarantees for Certain Alaska Natural Gas Transportation 
Projects and Systems.--Section 116 of the Alaska Natural Gas Pipeline 
Act (15 U.S.C. 720n) is amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by striking ``to West Coast States''; 
        and
            (B) in paragraph (3), in the second sentence, by striking 
        ``to the continental United States'';
        (2) in subsection (b)(1), in the first sentence, by striking 
    ``to West Coast States''; and
        (3) in subsection (g)(4)--
            (A) by inserting by striking ``plants liquification plants 
        and'' and inserting ``plants, liquification plants, and'';
            (B) by striking ``to the West Coast''; and
            (C) by striking ``to the continental United States''.

             Subtitle B--Energy Information Administration

SEC. 40411. DEFINITIONS.
    In this subtitle:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Energy Information Administration.
        (2) Annual critical minerals outlook.--The term ``Annual 
    Critical Minerals Outlook'' means the Annual Critical Minerals 
    Outlook prepared under section 7002(j)(1)(B) of the Energy Act of 
    2020 (30 U.S.C. 1606(j)(1)(B)).
        (3) Critical mineral.--The term ``critical mineral'' has the 
    meaning given the term in section 7002(a) of the Energy Act of 2020 
    (30 U.S.C. 1606(a)).
        (4) Household energy burden.--The term ``household energy 
    burden'' means the quotient obtained by dividing--
            (A) the residential energy expenditures (as defined in 
        section 440.3 of title 10, Code of Federal Regulations (as in 
        effect on the date of enactment of this Act)) of the applicable 
        household; by
            (B) the annual income of that household.
        (5) Household with a high energy burden.--The term ``household 
    with a high energy burden'' has the meaning given the term in 
    section 440.3 of title 10, Code of Federal Regulations (as in 
    effect on the date of enactment of this Act).
        (6) Large manufacturing facility.--The term ``large 
    manufacturing facility'' means a manufacturing facility that--
            (A) annually consumes more than 35,000 megawatt-hours of 
        electricity; or
            (B) has a peak power demand of more than 10 megawatts.
        (7) Load-serving entity.--The term ``load-serving entity'' has 
    the meaning given the term in section 217(a) of the Federal Power 
    Act (16 U.S.C. 824q(a)).
        (8) Miscellaneous electric load.--The term ``miscellaneous 
    electric load'' means electricity that--
            (A) is used by an appliance or device--
                (i) within a building; or
                (ii) to serve a building; and
            (B) is not used for heating, ventilation, air conditioning, 
        lighting, water heating, or refrigeration.
        (9) Regional transmission organization.--The term ``Regional 
    Transmission Organization'' has the meaning given the term in 
    section 3 of the Federal Power Act (16 U.S.C. 796).
        (10) Rural area.--The term ``rural area'' has the meaning given 
    the term in section 609(a) of the Public Utility Regulatory 
    Policies Act of 1978 (7 U.S.C. 918c(a)).
SEC. 40412. DATA COLLECTION IN THE ELECTRICITY SECTOR.
    (a) Dashboard.--
        (1) Establishment.--
            (A) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator shall establish an 
        online database to track the operation of the bulk power system 
        in the contiguous 48 States (referred to in this section as the 
        ``Dashboard'').
            (B) Improvement of existing dashboard.--The Dashboard may 
        be established through the improvement, in accordance with this 
        subsection, of an existing dashboard of the Energy Information 
        Administration, such as--
                (i) the U.S. Electric System Operating Data dashboard; 
            or
                (ii) the Hourly Electric Grid Monitor.
        (2) Expansion.--
            (A) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall expand the 
        Dashboard to include, to the maximum extent practicable, hourly 
        operating data collected from the electricity balancing 
        authorities that operate the bulk power system in all of the 
        several States, each territory of the United States, and the 
        District of Columbia.
            (B) Types of data.--The hourly operating data collected 
        under subparagraph (A) may include data relating to--
                (i) total electricity demand;
                (ii) electricity demand by subregion;
                (iii) short-term electricity demand forecasts;
                (iv) total electricity generation;
                (v) net electricity generation by fuel type, including 
            renewables;
                (vi) electricity stored and discharged;
                (vii) total net electricity interchange;
                (viii) electricity interchange with directly 
            interconnected balancing authorities; and
                (ix) where available, the estimated marginal greenhouse 
            gas emissions per megawatt hour of electricity generated--

                    (I) within the metered boundaries of each balancing 
                authority; and
                    (II) for each pricing node.

    (b) Mix of Energy Sources.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Administrator shall establish, in 
    accordance with section 40419 and this subsection and to the extent 
    the Administrator determines to be appropriate, a system to 
    harmonize the operating data on electricity generation collected 
    under subsection (a) with--
            (A) measurements of greenhouse gas and other pollutant 
        emissions collected by the Environmental Protection Agency;
            (B) other data collected by the Environmental Protection 
        Agency or other relevant Federal agencies, as the Administrator 
        determines to be appropriate; and
            (C) data collected by State or regional energy credit 
        registries.
        (2) Outcomes.--The system established under paragraph (1) shall 
    result in an integrated dataset that includes, for any given time--
            (A) the net generation of electricity by megawatt hour 
        within the metered boundaries of each balancing authority; and
            (B) where available, the average and marginal greenhouse 
        gas emissions by megawatt hour of electricity generated within 
        the metered boundaries of each balancing authority.
        (3) Real-time data dissemination.--To the maximum extent 
    practicable, the system established under paragraph (1) shall 
    disseminate data--
            (A) on a real-time basis; and
            (B) through an application programming interface that is 
        publicly accessible.
        (4) Complementary efforts.--The system established under 
    paragraph (1) shall complement any existing data dissemination 
    efforts of the Administrator that make use of electricity 
    generation data, such as electricity demand by subregion and 
    electricity interchange with directly interconnected balancing 
    authorities.
    (c) Observed Characteristics of Bulk Power System Resource 
Integration.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Administrator shall establish a system 
    to provide to the public timely data on the integration of energy 
    resources into the bulk power system and the electric distribution 
    grids in the United States, and the observed effects of that 
    integration.
        (2) Requirements.--In carrying out paragraph (1), the 
    Administrator shall seek to improve the temporal and spatial 
    resolution of data relating to how grid operations are changing, 
    such as through--
            (A) thermal generator cycling to accommodate intermittent 
        generation;
            (B) generation unit self-scheduling practices;
            (C) renewable source curtailment;
            (D) utility-scale storage;
            (E) load response;
            (F) aggregations of distributed energy resources at the 
        distribution system level;
            (G) power interchange between directly connected balancing 
        authorities;
            (H) expanding Regional Transmission Organization balancing 
        authorities;
            (I) improvements in real-time--
                (i) accuracy of locational marginal prices; and
                (ii) signals to flexible demand; and
            (J) disruptions to grid operations, including disruptions 
        caused by cyber sources, physical sources, extreme weather 
        events, or other sources.
    (d) Distribution System Operations.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Administrator shall establish a system 
    to provide to the public timely data on the operations of load-
    serving entities in the electricity grids of the United States.
        (2) Requirements.--
            (A) In general.--In carrying out paragraph (1), the 
        Administrator shall--
                (i) not less frequently than annually, provide data 
            on--

                    (I) the delivered generation resource mix for each 
                load-serving entity; and
                    (II) the distributed energy resources operating 
                within each service area of a load-serving entity;

                (ii) harmonize the data on delivered generation 
            resource mix described in clause (i)(I) with measurements 
            of greenhouse gas emissions collected by the Environmental 
            Protection Agency;
                (iii) to the maximum extent practicable, disseminate 
            the data described in clause (i)(I) and the harmonized data 
            described in clause (ii) on a real-time basis; and
                (iv) provide historical data, beginning with the 
            earliest calendar year practicable, but not later than 
            calendar year 2020, on the delivered generation resource 
            mix described in clause (i)(I).
            (B) Data on the delivered generation resource mix.--In 
        collecting the data described in subparagraph (A)(i)(I), the 
        Administrator shall--
                (i) use existing voluntary industry methodologies, 
            including reporting protocols, databases, and emissions and 
            energy use tracking software that provide consistent, 
            timely, and accessible carbon emissions intensity rates for 
            delivered electricity;
                (ii) consider that generation and transmission entities 
            may provide data on behalf of load-serving entities;
                (iii) to the extent that the Administrator determines 
            necessary, and in a manner designed to protect confidential 
            information, require each load-serving entity to submit 
            additional information as needed to determine the delivered 
            generation resource mix of the load-serving entity, 
            including financial or contractual agreements for power and 
            generation resource type attributes with respect to power 
            owned by or retired by the load-serving entity; and
                (iv) for any portion of the generation resource mix of 
            a load-serving entity that is otherwise unaccounted for, 
            develop a methodology to assign to the load-serving entity 
            a share of the otherwise unaccounted for resource mix of 
            the relevant balancing authority.
SEC. 40413. EXPANSION OF ENERGY CONSUMPTION SURVEYS.
    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Administrator shall implement measures to expand the 
Manufacturing Energy Consumption Survey, the Commercial Building Energy 
Consumption Survey, and the Residential Energy Consumption Survey to 
include data on energy end use in order to facilitate the 
identification of--
        (1) opportunities to improve energy efficiency and energy 
    productivity;
        (2) changing patterns of energy use; and
        (3) opportunities to better understand and manage miscellaneous 
    electric loads.
    (b) Requirements.--
        (1) In general.--In carrying out subsection (a), the 
    Administrator shall--
            (A) increase the scope and frequency of data collection on 
        energy end uses and services;
            (B) use new data collection methods and tools in order to 
        obtain more comprehensive data and reduce the burden on survey 
        respondents, including by--
                (i) accessing other existing data sources; and
                (ii) if feasible, developing online and real-time 
            reporting systems;
            (C) identify and report community-level economic and 
        environmental impacts, including with respect to--
                (i) the reliability and security of the energy supply; 
            and
                (ii) local areas with households with a high energy 
            burden; and
            (D) improve the presentation of data, including by--
                (i) enabling the presentation of data in an interactive 
            cartographic format on a national, regional, State, and 
            local level with the functionality of viewing various 
            economic, energy, and demographic measures on an individual 
            basis or in combination; and
                (ii) incorporating the results of the data collection, 
            methods, and tools described in subparagraphs (A) and (B) 
            into existing and new digital distribution methods.
        (2) Manufacturing energy consumption survey.--With respect to 
    the Manufacturing Energy Consumption Survey, the Administrator 
    shall--
            (A) implement measures to provide more detailed 
        representations of data by region;
            (B) for large manufacturing facilities, break out process 
        heat use by required process temperatures in order to 
        facilitate the identification of opportunities for cost 
        reductions and energy efficiency or energy productivity 
        improvements;
            (C) collect information on--
                (i) energy source-switching capabilities, especially 
            with respect to thermal processes and the efficiency of 
            thermal processes;
                (ii) the use of electricity, biofuels, hydrogen, or 
            other alternative fuels to produce process heat; and
                (iii) the use of demand response; and
            (D) identify current and potential future industrial 
        clusters in which multiple firms and facilities in a defined 
        geographic area share the costs and benefits of infrastructure 
        for clean manufacturing, such as--
                (i) hydrogen generation, production, transport, use, 
            and storage infrastructure; and
                (ii) carbon dioxide capture, transport, use, and 
            storage infrastructure.
        (3) Residential energy consumption survey.--With respect to the 
    Residential Energy Consumption Survey, the Administrator shall--
            (A) implement measures to provide more detailed 
        representations of data by--
                (i) geographic area, including by State (for each 
            State);
                (ii) building type, including multi-family buildings;
                (iii) household income;
                (iv) location in a rural area; and
                (v) other demographic characteristics, as determined by 
            the Administrator; and
            (B) report measures of--
                (i) household electrical service capacity;
                (ii) access to utility demand-side management programs 
            and bill credits;
                (iii) characteristics of the energy mix used to 
            generate electricity in different regions; and
                (iv) the household energy burden for households--

                    (I) in different geographic areas;
                    (II) by electricity, heating, and other end-uses; 
                and
                    (III) with different demographic characteristics 
                that correlate with increased household energy burden, 
                including--

                        (aa) having a low household income;
                        (bb) being a minority household;
                        (cc) residing in manufactured or multifamily 
                    housing;
                        (dd) being in a fixed or retirement income 
                    household;
                        (ee) residing in rental housing; and
                        (ff) other factors, as determined by the 
                    Administrator.
SEC. 40414. DATA COLLECTION ON ELECTRIC VEHICLE INTEGRATION WITH THE 
ELECTRICITY GRIDS.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall develop and implement measures to 
expand data collection with respect to electric vehicle integration 
with the electricity grids.
    (b) Sources of Data.--The sources of the data collected pursuant to 
subsection (a) may include--
        (1) host-owned or charging-network-owned electric vehicle 
    charging stations;
        (2) aggregators of charging-network electricity demand;
        (3) electric utilities offering managed-charging programs;
        (4) individual, corporate, or public owners of electric 
    vehicles; and
        (5) balancing authority analyses of--
            (A) transformer loading congestion; and
            (B) distribution-system congestion.
    (c) Consultation and Coordination.--In carrying out subsection (a), 
the Administrator may consult and enter into agreements with other 
institutions having relevant data and data collection capabilities, 
such as--
        (1) the Secretary of Transportation;
        (2) the Secretary;
        (3) the Administrator of the Environmental Protection Agency;
        (4) States or State agencies; and
        (5) private entities.
SEC. 40415. PLAN FOR THE MODELING AND FORECASTING OF DEMAND FOR 
MINERALS USED IN THE ENERGY SECTOR.
    (a) Plan.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Administrator, in coordination with the 
    Director of the United States Geological Survey, shall develop a 
    plan for the modeling and forecasting of demand for energy 
    technologies, including for energy production, transmission, or 
    storage purposes, that use minerals that are or could be designated 
    as critical minerals.
        (2) Inclusions.--The plan developed under paragraph (1) shall 
    identify--
            (A) the type and quantity of minerals consumed, delineated 
        by energy technology;
            (B) existing markets for manufactured energy-producing, 
        energy-transmission, and energy-storing equipment; and
            (C) emerging or potential markets for new energy-producing, 
        energy-transmission, and energy-storing technologies entering 
        commercialization.
    (b) Metrics.--The plan developed under subsection (a)(1) shall 
produce forecasts of energy technology demand--
        (1) over the 1-year, 5-year, and 10-year periods beginning on 
    the date on which development of the plan is completed;
        (2) by economic sector; and
        (3) according to any other parameters that the Administrator, 
    in collaboration with the Secretary of the Interior, acting through 
    the Director of the United States Geological Survey, determines are 
    needed for the Annual Critical Minerals Outlook.
    (c) Collaboration.--The Administrator shall develop the plan under 
subsection (a)(1) in consultation with--
        (1) the Secretary with respect to the possible trajectories of 
    emerging energy-producing and energy-storing technologies; and
        (2) the Secretary of the Interior, acting through the Director 
    of the United States Geological Survey--
            (A) to ensure coordination;
            (B) to avoid duplicative effort; and
            (C) to align the analysis of demand with data and analysis 
        of where the minerals are produced, refined, and subsequently 
        processed into materials and parts that are used to build 
        energy technologies.
SEC. 40416. EXPANSION OF INTERNATIONAL ENERGY DATA.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall implement measures to expand and 
improve the international energy data resources of the Energy 
Information Administration in order to understand--
        (1) the production and use of energy in various countries;
        (2) changing patterns of energy use internationally;
        (3) the relative costs and environmental impacts of energy 
    production and use internationally; and
        (4) plans for or construction of major energy facilities or 
    infrastructure.
    (b) Requirements.--In carrying out subsection (a), the 
Administrator shall--
        (1) work with, and leverage the data resources of, the 
    International Energy Agency;
        (2) include detail on energy consumption by fuel, economic 
    sector, and end use within countries for which data are available;
        (3) collect relevant measures of energy use, including--
            (A) cost; and
            (B) emissions intensity; and
        (4) provide tools that allow for straightforward country-to-
    country comparisons of energy production and consumption across 
    economic sectors and end uses.
SEC. 40417. PLAN FOR THE NATIONAL ENERGY MODELING SYSTEM.
    Not later than 180 days after the date of enactment of this Act, 
the Administrator shall develop a plan to identify any need or 
opportunity to update or further the capabilities of the National 
Energy Modeling System, including with respect to--
        (1) treating energy demand endogenously;
        (2) increased natural gas usage and increased market 
    penetration of renewable energy;
        (3) flexible operating modes of nuclear power plants, such as 
    load following and frequency control;
        (4) tools to model multiple-output energy systems that provide 
    hydrogen, high-value heat, electricity, and chemical synthesis 
    services, including interactions of those energy systems with the 
    electricity grids, pipeline networks, and the broader economy;
        (5) demand response and improved representation of energy 
    storage, including long-duration storage, in capacity expansion 
    models;
        (6) electrification, particularly with respect to the 
    transportation, industrial, and buildings sectors;
        (7) increasing model resolution to represent all hours of the 
    year and all electricity generators;
        (8) wholesale electricity market design and the appropriate 
    valuation of all services that support the reliability of 
    electricity grids, such as--
            (A) battery storage; and
            (B) synthetic inertia from grid-tied inverters;
        (9) economic modeling of the role of energy efficiency, demand 
    response, electricity storage, and a variety of distributed 
    generation technologies;
        (10) the production, transport, use, and storage of carbon 
    dioxide, hydrogen, and hydrogen carriers;
        (11) greater flexibility in--
            (A) the modeling of the environmental impacts of 
        electricity systems, such as--
                (i) emissions of greenhouse gases and other pollutants; 
            and
                (ii) the use of land and water resources; and
            (B) the ability to support climate modeling, such as the 
        climate modeling performed by the Office of Biological and 
        Environmental Research in the Office of Science of the 
        Department;
        (12) technologies that are in an early stage of commercial 
    deployment and have been identified by the Secretary as candidates 
    for large-scale demonstration projects, such as--
            (A) carbon capture, transport, use, and storage from any 
        source or economic sector;
            (B) direct air capture;
            (C) hydrogen production, including via electrolysis;
            (D) synthetic and biogenic hydrocarbon liquid and gaseous 
        fuels;
            (E) supercritical carbon dioxide combustion turbines;
            (F) industrial fuel cell and hydrogen combustion equipment; 
        and
            (G) industrial electric boilers;
        (13) increased and improved data sources and tools, including--
            (A) the establishment of technology and cost baselines, 
        including technology learning rates;
            (B) economic and employment impacts of energy system 
        policies and energy prices on households, as a function of 
        household income and region; and
            (C) the use of behavioral economics to inform demand 
        modeling in all sectors; and
        (14) striving to migrate toward a single, consistent, and open-
    source modeling platform, and increasing open access to model 
    systems, data, and outcomes, for--
            (A) disseminating reference scenarios that can be 
        transparently and broadly replicated; and
            (B) promoting the development of the researcher and analyst 
        workforce needed to continue the development and validation of 
        improved energy system models in the future.
SEC. 40418. REPORT ON COSTS OF CARBON ABATEMENT IN THE ELECTRICITY 
SECTOR.
    Not later than 270 days after the date of enactment of this Act, 
the Administrator shall submit to Congress a report on--
        (1) the potential use of levelized cost of carbon abatement or 
    a similar metric in analyzing generators of electricity, including 
    an identification of limitations and appropriate uses of the 
    metric;
        (2) the feasibility and impact of incorporating levelized cost 
    of carbon abatement in long-term forecasts--
            (A) to compare technical approaches and understand real-
        time changes in fossil-fuel and nuclear dispatch;
            (B) to compare the system-level costs of technology options 
        to reduce emissions; and
            (C) to compare the costs of policy options, including 
        current policies, regarding valid and verifiable reductions and 
        removals of carbon; and
        (3)(A) a potential process to measure carbon dioxide emissions 
    intensity per unit of output production for a range of--
                (i) energy sources;
                (ii) sectors; and
                (iii) geographic regions; and
            (B) a corresponding process to provide an empirical 
        framework for reporting the status and costs of carbon dioxide 
        reduction relative to specified goals.
SEC. 40419. HARMONIZATION OF EFFORTS AND DATA.
    Not later than 1 year after the date of enactment of this Act, the 
Administrator shall establish a system to harmonize, to the maximum 
extent practicable and consistent with data integrity--
        (1) the data collection efforts of the Administrator, including 
    any data collection required under this subtitle, with the data 
    collection efforts of--
            (A) the Environmental Protection Agency, as the 
        Administrator determines to be appropriate;
            (B) other relevant Federal agencies, as the Administrator 
        determines to be appropriate; and
            (C) State or regional energy credit registries, as the 
        Administrator determines to be appropriate;
        (2) the data collected under this subtitle, including the 
    operating data on electricity generation collected under section 
    40412(a), with data collected by the entities described in 
    subparagraphs (A) through (C) of paragraph (1), including any 
    measurements of greenhouse gas and other pollutant emissions 
    collected by the Environmental Protection Agency, as the 
    Administrator determines to be appropriate; and
        (3) the efforts of the Administrator to identify and report 
    relevant impacts, opportunities, and patterns with respect to 
    energy use, including the identification of community-level 
    economic and environmental impacts required under section 
    40413(b)(1)(C), with the efforts of the Environmental Protection 
    Agency and other relevant Federal agencies, as determined by the 
    Administrator, to identify similar impacts, opportunities, and 
    patterns.

                       Subtitle C--Miscellaneous

SEC. 40431. CONSIDERATION OF MEASURES TO PROMOTE GREATER 
ELECTRIFICATION OF THE TRANSPORTATION SECTOR.
    (a) In General.--Section 111(d) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 
40104(a)(1)) is amended by adding at the end the following:
        ``(21) Electric vehicle charging programs.--Each State shall 
    consider measures to promote greater electrification of the 
    transportation sector, including the establishment of rates that--
            ``(A) promote affordable and equitable electric vehicle 
        charging options for residential, commercial, and public 
        electric vehicle charging infrastructure;
            ``(B) improve the customer experience associated with 
        electric vehicle charging, including by reducing charging times 
        for light-, medium-, and heavy-duty vehicles;
            ``(C) accelerate third-party investment in electric vehicle 
        charging for light-, medium-, and heavy-duty vehicles; and
            ``(D) appropriately recover the marginal costs of 
        delivering electricity to electric vehicles and electric 
        vehicle charging infrastructure.''.
    (b) Compliance.--
        (1) Time limitation.--Section 112(b) of the Public Utility 
    Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended by 
    section 40104(a)(2)(A)) is amended by adding at the end the 
    following:
        ``(8)(A) Not later than 1 year after the date of enactment of 
    this paragraph, each State regulatory authority (with respect to 
    each electric utility for which the State has ratemaking authority) 
    and each nonregulated utility shall commence consideration under 
    section 111, or set a hearing date for consideration, with respect 
    to the standard established by paragraph (21) of section 111(d).
            ``(B) Not later than 2 years after the date of enactment of 
        this paragraph, each State regulatory authority (with respect 
        to each electric utility for which the State has ratemaking 
        authority), and each nonregulated electric utility shall 
        complete the consideration and make the determination under 
        section 111 with respect to the standard established by 
        paragraph (21) of section 111(d).''.
        (2) Failure to comply.--Section 112(c) of the Public Utility 
    Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as amended by 
    section 40104(a)(2)(B)(i)) is amended by adding at the end the 
    following: ``In the case of the standard established by paragraph 
    (21) of section 111(d), the reference contained in this subsection 
    to the date of enactment of this Act shall be deemed to be a 
    reference to the date of enactment of that paragraph (21).''.
        (3) Prior state actions.--
            (A) In general.--Section 112 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as amended by 
        section 40104(a)(2)(C)(i)) is amended by adding at the end the 
        following:
    ``(h) Other Prior State Actions.--Subsections (b) and (c) shall not 
apply to the standard established by paragraph (21) of section 111(d) 
in the case of any electric utility in a State if, before the date of 
enactment of this subsection--
        ``(1) the State has implemented for the electric utility the 
    standard (or a comparable standard);
        ``(2) the State regulatory authority for the State or the 
    relevant nonregulated electric utility has conducted a proceeding 
    to consider implementation of the standard (or a comparable 
    standard) for the electric utility; or
        ``(3) the State legislature has voted on the implementation of 
    the standard (or a comparable standard) for the electric utility 
    during the 3-year period ending on that date of enactment.''.
            (B) Cross-reference.--Section 124 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2634) (as amended by 
        section 40104(a)(2)(C)(ii)(II)) is amended by adding at the end 
        the following: ``In the case of the standard established by 
        paragraph (21) of section 111(d), the reference contained in 
        this section to the date of enactment of this Act shall be 
        deemed to be a reference to the date of enactment of that 
        paragraph (21).''.
SEC. 40432. OFFICE OF PUBLIC PARTICIPATION.
    Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is 
amended--
        (1) in subsection (a)(2)--
            (A) in subparagraph (A), by striking the third sentence; 
        and
            (B) in subparagraph (B)--
                (i) by striking the third sentence and inserting the 
            following: ``The Director shall be compensated at a rate of 
            pay not greater than the maximum rate of pay prescribed for 
            a senior executive in the Senior Executive Service under 
            section 5382 of title 5, United States Code.''; and
                (ii) by striking the first sentence; and
        (2) in subsection (b), by striking paragraph (4).
SEC. 40433. DIGITAL CLIMATE SOLUTIONS REPORT.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with appropriate Federal 
agencies and relevant stakeholders, shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report that assesses 
using digital tools and platforms as climate solutions, including--
        (1) artificial intelligence and machine learning;
        (2) blockchain technologies and distributed ledgers;
        (3) crowdsourcing platforms;
        (4) the Internet of Things;
        (5) distributed computing for the grid; and
        (6) software and systems.
    (b) Contents.--The report required under subsection (a) shall 
include--
        (1) as practicable, a full inventory and assessment of digital 
    climate solutions;
        (2) an analysis of how the private sector can utilize the 
    digital tools and platforms included in the inventory under 
    paragraph (1) to accelerate digital climate solutions; and
        (3) a summary of opportunities to enhance the standardization 
    of voluntary and regulatory climate disclosure protocols, including 
    enabling the data to be disseminated through an application 
    programming interface that is accessible to the public.
SEC. 40434. STUDY AND REPORT BY THE SECRETARY OF ENERGY ON JOB LOSS AND 
IMPACTS ON CONSUMER ENERGY COSTS DUE TO THE REVOCATION OF THE PERMIT 
FOR THE KEYSTONE XL PIPELINE.
    (a) Definition of Executive Order.--In this section, the term 
``Executive Order'' means Executive Order 13990 (86 Fed. Reg. 7037; 
relating to protecting public health and the environment and restoring 
science to tackle the climate crisis).
    (b) Study and Report.--The Secretary shall--
        (1) conduct a study to estimate--
            (A) the total number of jobs that were lost as a direct or 
        indirect result of section 6 of the Executive Order over the 
        10-year period beginning on the date on which the Executive 
        Order was issued; and
            (B) the impact on consumer energy costs that are projected 
        to result as a direct or indirect result of section 6 of the 
        Executive Order over the 10-year period beginning on the date 
        on which the Executive Order was issued; and
        (2) not later than 90 days after the date of enactment of this 
    Act, submit to Congress a report describing the findings of the 
    study conducted under paragraph (1).
SEC. 40435. STUDY ON IMPACT OF ELECTRIC VEHICLES.
    Not later than 120 days after the date of enactment of this Act, 
the Secretary shall conduct, and submit to Congress a report describing 
the results of, a study on the cradle to grave environmental impact of 
electric vehicles.
SEC. 40436. STUDY ON IMPACT OF FORCED LABOR IN CHINA ON THE ELECTRIC 
VEHICLE SUPPLY CHAIN.
    Not later than 120 days after the date of enactment of this Act, 
the Secretary, in coordination with the Secretary of State and the 
Secretary of Commerce, shall study the impact of forced labor in China 
on the electric vehicle supply chain.

         TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
        Subtitle A--Residential and Commercial Energy Efficiency

SEC. 40501. DEFINITIONS.
    In this subtitle:
        (1) Priority state.--The term ``priority State'' means a State 
    that--
            (A) is eligible for funding under the State Energy Program; 
        and
            (B)(i) is among the 15 States with the highest annual per-
        capita combined residential and commercial sector energy 
        consumption, as most recently reported by the Energy 
        Information Administration; or
            (ii) is among the 15 States with the highest annual per-
        capita energy-related carbon dioxide emissions by State, as 
        most recently reported by the Energy Information 
        Administration.
        (2) Program.--The term ``program'' means the program 
    established under section 40502(a).
        (3) State.--The term ``State'' means a State (as defined in 
    section 3 of the Energy Policy and Conservation Act (42 U.S.C. 
    6202)), acting through a State energy office.
        (4) State energy program.--The term ``State Energy Program'' 
    means the State Energy Program established under part D of title 
    III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et 
    seq.).
SEC. 40502. ENERGY EFFICIENCY REVOLVING LOAN FUND CAPITALIZATION GRANT 
PROGRAM.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, under the State Energy Program, the Secretary shall 
establish a program under which the Secretary shall provide 
capitalization grants to States to establish a revolving loan fund 
under which the State shall provide loans and grants, as applicable, in 
accordance with this section.
    (b) Distribution of Funds.--
        (1) All states.--
            (A) In general.--Of the amounts made available under 
        subsection (j), the Secretary shall use 40 percent to provide 
        capitalization grants to States that are eligible for funding 
        under the State Energy Program, in accordance with the 
        allocation formula established under section 420.11 of title 
        10, Code of Federal Regulations (or successor regulations).
            (B) Remaining funding.--After applying the allocation 
        formula described in subparagraph (A), the Secretary shall 
        redistribute any unclaimed funds to the remaining States 
        seeking capitalization grants under that subparagraph.
        (2) Priority states.--
            (A) In general.--Of the amounts made available under 
        subsection (j), the Secretary shall use 60 percent to provide 
        supplemental capitalization grants to priority States in 
        accordance with an allocation formula determined by the 
        Secretary.
            (B) Remaining funding.--After applying the allocation 
        formula described in subparagraph (A), the Secretary shall 
        redistribute any unclaimed funds to the remaining priority 
        States seeking supplemental capitalization grants under that 
        subparagraph.
            (C) Grant amount.--
                (i) Maximum amount.--The amount of a supplemental 
            capitalization grant provided to a State under this 
            paragraph shall not exceed $15,000,000.
                (ii) Supplement not supplant.--A supplemental 
            capitalization grant received by a State under this 
            paragraph shall supplement, not supplant, a capitalization 
            grant received by that State under paragraph (1).
    (c) Applications for Capitalization Grants.--A State seeking a 
capitalization grant under the program shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including--
        (1) a detailed explanation of how the grant will be used, 
    including a plan to establish a new revolving loan fund or use an 
    existing revolving loan fund;
        (2) the need of eligible recipients for loans and grants in the 
    State for assistance with conducting energy audits;
        (3) a description of the expected benefits that building 
    infrastructure and energy system upgrades and retrofits will have 
    on communities in the State; and
        (4) in the case of a priority State seeking a supplemental 
    capitalization grant under subsection (b)(2), a justification for 
    needing the supplemental funding.
    (d) Timing.--
        (1) In general.--The Secretary shall establish a timeline with 
    dates by, or periods by the end of, which a State shall--
            (A) on receipt of a capitalization grant under the program, 
        deposit the grant funds into a revolving loan fund; and
            (B) begin using the capitalization grant as described in 
        subsection (e)(1).
        (2) Use of grant.--Under the timeline established under 
    paragraph (1), a State shall be required to begin using a 
    capitalization grant not more than 180 days after the date on which 
    the grant is received.
    (e) Use of Grant Funds.--
        (1) In general.--A State that receives a capitalization grant 
    under the program--
            (A) shall provide loans in accordance with paragraph (2); 
        and
            (B) may provide grants in accordance with paragraph (3).
        (2) Loans.--
            (A) Commercial energy audit.--
                (i) In general.--A State that receives a capitalization 
            grant under the program may provide a loan to an eligible 
            recipient described in clause (iv) to conduct a commercial 
            energy audit.
                (ii) Audit requirements.--A commercial energy audit 
            conducted using a loan provided under clause (i) shall--

                    (I) determine the overall consumption of energy of 
                the facility of the eligible recipient;
                    (II) identify and recommend lifecycle cost-
                effective opportunities to reduce the energy 
                consumption of the facility of the eligible recipient, 
                including through energy efficient--

                        (aa) lighting;
                        (bb) heating, ventilation, and air conditioning 
                    systems;
                        (cc) windows;
                        (dd) appliances; and
                        (ee) insulation and building envelopes;

                    (III) estimate the energy and cost savings 
                potential of the opportunities identified in subclause 
                (II) using software approved by the Secretary;
                    (IV) identify--

                        (aa) the period and level of peak energy demand 
                    for each building within the facility of the 
                    eligible recipient; and
                        (bb) the sources of energy consumption that are 
                    contributing the most to that period of peak energy 
                    demand;

                    (V) recommend controls and management systems to 
                reduce or redistribute peak energy consumption; and
                    (VI) estimate the total energy and cost savings 
                potential for the facility of the eligible recipient if 
                all recommended upgrades and retrofits are implemented, 
                using software approved by the Secretary.

                (iii) Additional audit inclusions.--A commercial energy 
            audit conducted using a loan provided under clause (i) may 
            recommend strategies to increase energy efficiency of the 
            facility of the eligible recipient through use of electric 
            systems or other high-efficiency systems utilizing fuels, 
            including natural gas and hydrogen.
                (iv) Eligible recipients.--An eligible recipient under 
            clause (i) is a business that--

                    (I) conducts the majority of its business in the 
                State that provides the loan under that clause; and
                    (II) owns or operates--

                        (aa) 1 or more commercial buildings; or
                        (bb) commercial space within a building that 
                    serves multiple functions, such as a building for 
                    commercial and residential operations.
            (B) Residential energy audits.--
                (i) In general.--A State that receives a capitalization 
            grant under the program may provide a loan to an eligible 
            recipient described in clause (iv) to conduct a residential 
            energy audit.
                (ii) Residential energy audit requirements.--A 
            residential energy audit conducted using a loan under 
            clause (i) shall--

                    (I) utilize the same evaluation criteria as the 
                Home Performance Assessment used in the Energy Star 
                program established under section 324A of the Energy 
                Policy and Conservation Act (42 U.S.C. 6294a);
                    (II) recommend lifecycle cost-effective 
                opportunities to reduce energy consumption within the 
                residential building of the eligible recipient, 
                including through energy efficient--

                        (aa) lighting;
                        (bb) heating, ventilation, and air conditioning 
                    systems;
                        (cc) windows;
                        (dd) appliances; and
                        (ee) insulation and building envelopes;

                    (III) recommend controls and management systems to 
                reduce or redistribute peak energy consumption;
                    (IV) compare the energy consumption of the 
                residential building of the eligible recipient to 
                comparable residential buildings in the same geographic 
                area; and
                    (V) provide a Home Energy Score, or equivalent 
                score (as determined by the Secretary), for the 
                residential building of the eligible recipient by using 
                the Home Energy Score Tool of the Department or an 
                equivalent scoring tool.

                (iii) Additional audit inclusions.--A residential 
            energy audit conducted using a loan provided under clause 
            (i) may recommend strategies to increase energy efficiency 
            of the facility of the eligible recipient through use of 
            electric systems or other high-efficiency systems utilizing 
            fuels, including natural gas and hydrogen.
                (iv) Eligible recipients.--An eligible recipient under 
            clause (i) is--

                    (I) an individual who owns--

                        (aa) a single family home;
                        (bb) a condominium or duplex; or
                        (cc) a manufactured housing unit; or

                    (II) a business that owns or operates a multifamily 
                housing facility.

            (C) Commercial and residential energy upgrades and 
        retrofits.--
                (i) In general.--A State that receives a capitalization 
            grant under the program may provide a loan to an eligible 
            recipient described in clause (ii) to carry out upgrades or 
            retrofits of building infrastructure and systems that--

                    (I) are recommended in the commercial energy audit 
                or residential energy audit, as applicable, completed 
                for the building or facility of the eligible recipient;
                    (II) satisfy at least 1 of the criteria in the Home 
                Performance Assessment used in the Energy Star program 
                established under section 324A of the Energy Policy and 
                Conservation Act (42 U.S.C. 6294a);
                    (III) improve, with respect to the building or 
                facility of the eligible recipient--

                        (aa) the physical comfort of the building or 
                    facility occupants;
                        (bb) the energy efficiency of the building or 
                    facility; or
                        (cc) the quality of the air in the building or 
                    facility; and

                    (IV)(aa) are lifecycle cost-effective; and
                    (bb)(AA) reduce the energy intensity of the 
                building or facility of the eligible recipient; or
                    (BB) improve the control and management of energy 
                usage of the building or facility to reduce demand 
                during peak times.

                (ii) Eligible recipients.--An eligible recipient under 
            clause (i) is an eligible recipient described in 
            subparagraph (A)(iv) or (B)(iv) that--

                    (I) has completed a commercial energy audit 
                described in subparagraph (A) or a residential energy 
                audit described in subparagraph (B) using a loan 
                provided under the applicable subparagraph; or
                    (II) has completed a commercial energy audit or 
                residential energy audit that--

                        (aa) was not funded by a loan under this 
                    paragraph; and
                        (bb)(AA) meets the requirements for the 
                    applicable audit under subparagraph (A) or (B), as 
                    applicable; or
                        (BB) the Secretary determines is otherwise 
                    satisfactory.
                (iii) Loan term.--

                    (I) In general.--A loan provided under this 
                subparagraph shall be required to be fully amortized by 
                the earlier of--

                        (aa) subject to subclause (II), the year in 
                    which the upgrades or retrofits carried out using 
                    the loan exceed their expected useful life; and
                        (bb) 15 years after those upgrades or retrofits 
                    are installed.

                    (II) Calculation.--For purposes of subclause 
                (I)(aa), in the case of a loan being used to fund 
                multiple upgrades or retrofits, the longest-lived 
                upgrade or retrofit shall be used to calculate the year 
                in which the upgrades or retrofits carried out using 
                the loan exceed their expected useful life.

            (D) Referral to qualified contractors.--Following the 
        completion of an audit under subparagraph (A) or (B) by an 
        eligible recipient of a loan under the applicable subparagraph, 
        the State may refer the eligible recipient to a qualified 
        contractor, as determined by the State, to estimate--
                (i) the upfront capital cost of each recommended 
            upgrade; and
                (ii) the total upfront capital cost of implementing all 
            recommended upgrades.
            (E) Loan recipients.--Each State providing loans under this 
        paragraph shall, to the maximum extent practicable, provide 
        loans to eligible recipients that do not have access to private 
        capital.
        (3) Grants and technical assistance.--
            (A) In general.--A State that receives a capitalization 
        grant under the program may use not more than 25 percent of the 
        grant funds to provide grants or technical assistance to 
        eligible entities described in subparagraph (B) to carry out 
        the activities described in subparagraphs (A), (B), and (C) of 
        paragraph (2).
            (B) Eligible entity.--An entity eligible for a grant or 
        technical assistance under subparagraph (A) is--
                (i) a business that--

                    (I) is an eligible recipient described in paragraph 
                (2)(A)(iv); and
                    (II) has fewer than 500 employees; or

                (ii) a low-income individual (as defined in section 3 
            of the Workforce Innovation and Opportunity Act (29 U.S.C. 
            3102)) that owns a residential building.
        (4) Final assessment.--A State that provides a capitalization 
    grant under paragraph (2)(C) to an eligible recipient described in 
    clause (ii) of that paragraph may, not later than 1 year after the 
    date on which the upgrades or retrofits funded by the grant under 
    that paragraph are completed, provide to the eligible recipient a 
    loan or, in accordance with paragraph (3), a grant to conduct a 
    final energy audit that assesses the total energy savings from the 
    upgrades or retrofits.
        (5) Administrative expenses.--A State that receives a 
    capitalization grant under the program may use not more than 10 
    percent of the grant funds for administrative expenses.
    (f) Coordination With Existing Programs.--A State receiving a 
capitalization grant under the program is encouraged to utilize and 
build on existing programs and infrastructure within the State that may 
aid the State in carrying out a revolving loan fund program.
    (g) Leveraging Private Capital.--A State receiving a capitalization 
grant under the program shall, to the maximum extent practicable, use 
the grant to leverage private capital.
    (h) Outreach.--The Secretary shall engage in outreach to inform 
States of the availability of capitalization grants under the program.
    (i) Report.--Each State that receives a capitalization grant under 
the program shall, not later than 2 years after a grant is received, 
submit to the Secretary a report that describes--
        (1) the number of recipients to which the State has 
    distributed--
            (A) loans for--
                (i) commercial energy audits under subsection 
            (e)(2)(A);
                (ii) residential energy audits under subsection 
            (e)(2)(B);
                (iii) energy upgrades and retrofits under subsection 
            (e)(2)(C); and
            (B) grants under subsection (e)(3); and
        (2) the average capital cost of upgrades and retrofits across 
    all commercial energy audits and residential energy audits that 
    were conducted in the State using loans provided by the State under 
    subsection (e).
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $250,000,000 
for fiscal year 2022, to remain available until expended.
SEC. 40503. ENERGY AUDITOR TRAINING GRANT PROGRAM.
    (a) Definitions.--In this section:
        (1) Covered certification.--The term ``covered certification'' 
    means any of the following certifications:
            (A) The American Society of Heating, Refrigerating and Air-
        Conditioning Engineers Building Energy Assessment Professional 
        certification.
            (B) The Association of Energy Engineers Certified Energy 
        Auditor certification.
            (C) The Building Performance Institute Home Energy 
        Professional Energy Auditor certification.
            (D) The Residential Energy Services Network Home Energy 
        Rater certification.
            (E) Any other third-party certification recognized by the 
        Department.
            (F) Any third-party certification that the Secretary 
        determines is equivalent to the certifications described in 
        subparagraphs (A) through (E).
        (2) Eligible state.--The term ``eligible State'' means a State 
    that--
            (A) has a demonstrated need for assistance for training 
        energy auditors; and
            (B) meets any additional criteria determined necessary by 
        the Secretary.
    (b) Establishment.--Under the State Energy Program, the Secretary 
shall establish a competitive grant program under which the Secretary 
shall award grants to eligible States to train individuals to conduct 
energy audits or surveys of commercial and residential buildings.
    (c) Applications.--
        (1) In general.--A State seeking a grant under subsection (b) 
    shall submit to the Secretary an application at such time, in such 
    manner, and containing such information as the Secretary may 
    require, including the energy auditor training program plan 
    described in paragraph (2).
        (2) Energy auditor training program plan.--An energy auditor 
    training program plan submitted with an application under paragraph 
    (1) shall include--
            (A)(i) a proposed training curriculum for energy audit 
        trainees; and
            (ii) an identification of the covered certification that 
        those trainees will receive on completion of that training 
        curriculum;
            (B) the expected per-individual cost of training;
            (C) a plan for connecting trainees with employment 
        opportunities; and
            (D) any additional information required by the Secretary.
    (d) Amount of Grant.--The amount of a grant awarded to an eligible 
State under subsection (b)--
        (1) shall be determined by the Secretary, taking into account 
    the population of the eligible State; and
        (2) shall not exceed $2,000,000 for any eligible State.
    (e) Use of Funds.--
        (1) In general.--An eligible State that receives a grant under 
    subsection (b) shall use the grant funds--
            (A) to cover any cost associated with individuals being 
        trained or certified to conduct energy audits by--
                (i) the State; or
                (ii) a State-certified third party training program; 
            and
            (B) subject to paragraph (2), to pay the wages of a trainee 
        during the period in which the trainee receives training and 
        certification.
        (2) Limitation.--Not more than 10 percent of grant funds 
    provided under subsection (b) to an eligible State may be used for 
    the purpose described in paragraph (1)(B).
    (f) Consultation.--In carrying out this section, the Secretary 
shall consult with the Secretary of Labor.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $40,000,000 for 
the period of fiscal years 2022 through 2026.

                         Subtitle B--Buildings

SEC. 40511. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND 
RESILIENCE.
    (a) In General.--Title III of the Energy Conservation and 
Production Act (42 U.S.C. 6831 et seq.) is amended by adding at the end 
the following:
    ``SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND 
      RESILIENCE.
    ``(a) Definitions.--In this section:
        ``(1) Eligible entity.--The term `eligible entity' means--
            ``(A) a relevant State agency, as determined by the 
        Secretary, such as a State building code agency, State energy 
        office, or Tribal energy office; and
            ``(B) a partnership.
        ``(2) Partnership.--The term `partnership' means a partnership 
    between an eligible entity described in paragraph (1)(A) and 1 or 
    more of the following entities:
            ``(A) Local building code agencies.
            ``(B) Codes and standards developers.
            ``(C) Associations of builders and design and construction 
        professionals.
            ``(D) Local and utility energy efficiency programs.
            ``(E) Consumer, energy efficiency, and environmental 
        advocates.
            ``(F) Other entities, as determined by the Secretary.
        ``(3) Secretary.--The term `Secretary' means the Secretary of 
    Energy.
    ``(b) Establishment.--
        ``(1) In general.--The Secretary shall establish within the 
    Building Technologies Office of the Department of Energy a program 
    under which the Secretary shall award grants on a competitive basis 
    to eligible entities to enable sustained cost-effective 
    implementation of updated building energy codes.
        ``(2) Updated building energy code.--An update to a building 
    energy code under this section, including an amendment that results 
    in increased efficiency compared to the previously adopted building 
    energy code, shall include any update made available after the 
    existing building energy code, even if it is not the most recent 
    updated code available.
    ``(c) Criteria; Priority.--In awarding grants under subsection (b), 
the Secretary shall--
        ``(1) consider--
            ``(A) prospective energy savings and plans to measure the 
        savings, including utilizing the Environmental Protection 
        Agency Portfolio Manager, the Home Energy Score rating of the 
        Office of Energy Efficiency and Renewable Energy of the 
        Department of Energy, the Energy Star Building rating 
        methodologies of the Environmental Protection Agency, and other 
        methodologies determined appropriate by the Secretary;
            ``(B) the long-term sustainability of those measures and 
        savings;
            ``(C) prospective benefits, and plans to assess the 
        benefits, including benefits relating to--
                ``(i) resilience and peak load reduction;
                ``(ii) occupant safety and health; and
                ``(iii) environmental performance;
            ``(D) the demonstrated capacity of the eligible entity to 
        carry out the proposed project; and
            ``(E) the need of the eligible entity for assistance; and
        ``(2) give priority to applications from partnerships.
    ``(d) Eligible Activities.--
        ``(1) In general.--An eligible entity awarded a grant under 
    this section may use the grant funds--
            ``(A) to create or enable State or regional partnerships to 
        provide training and materials to--
                ``(i) builders, contractors and subcontractors, 
            architects, and other design and construction 
            professionals, relating to meeting updated building energy 
            codes in a cost-effective manner; and
                ``(ii) building code officials, relating to improving 
            implementation of and compliance with building energy 
            codes;
            ``(B) to collect and disseminate quantitative data on 
        construction and codes implementation, including code pathways, 
        performance metrics, and technologies used;
            ``(C) to develop and implement a plan for highly effective 
        codes implementation, including measuring compliance;
            ``(D) to address various implementation needs in rural, 
        suburban, and urban areas; and
            ``(E) to implement updates in energy codes for--
                ``(i) new residential and commercial buildings 
            (including multifamily buildings); and
                ``(ii) additions and alterations to existing 
            residential and commercial buildings (including multifamily 
            buildings).
        ``(2) Related topics.--Training and materials provided using a 
    grant under this section may include information on the 
    relationship between energy codes and--
            ``(A) cost-effective, high-performance, and zero-net-energy 
        buildings;
            ``(B) improving resilience, health, and safety;
            ``(C) water savings and other environmental impacts; and
            ``(D) the economic impacts of energy codes.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $225,000,000 
for the period of fiscal years 2022 through 2026.''.
    (b) Conforming Amendment.--Section 303 of the Energy Conservation 
and Production Act (42 U.S.C. 6832) is amended, in the matter preceding 
paragraph (1), by striking ``As used in'' and inserting ``Except as 
otherwise provided, in''.
SEC. 40512. BUILDING, TRAINING, AND ASSESSMENT CENTERS.
    (a) In General.--The Secretary shall provide grants to institutions 
of higher education (as defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as 
defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to 
establish building training and assessment centers--
        (1) to identify opportunities for optimizing energy efficiency 
    and environmental performance in buildings;
        (2) to promote the application of emerging concepts and 
    technologies in commercial and institutional buildings;
        (3) to train engineers, architects, building scientists, 
    building energy permitting and enforcement officials, and building 
    technicians in energy-efficient design and operation;
        (4) to assist institutions of higher education and Tribal 
    Colleges or Universities in training building technicians;
        (5) to promote research and development for the use of 
    alternative energy sources and distributed generation to supply 
    heat and power for buildings, particularly energy-intensive 
    buildings; and
        (6) to coordinate with and assist State-accredited technical 
    training centers, community colleges, Tribal Colleges or 
    Universities, and local offices of the National Institute of Food 
    and Agriculture and ensure appropriate services are provided under 
    this section to each region of the United States.
    (b) Coordination and Nonduplication.--
        (1) In general.--The Secretary shall coordinate the program 
    with the industrial research and assessment centers program under 
    section 457 of the Energy Independence and Security Act of 2007 (as 
    added by section 40521(b)) and with other Federal programs to avoid 
    duplication of effort.
        (2) Collocation.--To the maximum extent practicable, building, 
    training, and assessment centers established under this section 
    shall be collocated with industrial research and assessment centers 
    (as defined in section 40531).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000 for 
fiscal year 2022, to remain available until expended.
SEC. 40513. CAREER SKILLS TRAINING.
    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means a nonprofit partnership that--
        (1) includes the equal participation of industry, including 
    public or private employers, and labor organizations, including 
    joint labor-management training programs;
        (2) may include workforce investment boards, community-based 
    organizations, qualified service and conservation corps, 
    educational institutions, small businesses, cooperatives, State and 
    local veterans agencies, and veterans service organizations; and
        (3) demonstrates--
            (A) experience in implementing and operating worker skills 
        training and education programs;
            (B) the ability to identify and involve in training 
        programs carried out under this section, target populations of 
        individuals who would benefit from training and be actively 
        involved in activities relating to energy efficiency and 
        renewable energy industries; and
            (C) the ability to help individuals achieve economic self-
        sufficiency.
    (b) Establishment.--The Secretary shall award grants to eligible 
entities to pay the Federal share of associated career skills training 
programs under which students concurrently receive classroom 
instruction and on-the-job training for the purpose of obtaining an 
industry-related certification to install energy efficient buildings 
technologies.
    (c) Federal Share.--The Federal share of the cost of carrying out a 
career skills training program described in subsection (b) shall be 50 
percent.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000 for 
fiscal year 2022, to remain available until expended.
SEC. 40514. COMMERCIAL BUILDING ENERGY CONSUMPTION INFORMATION SHARING.
    (a) Definitions.--In this section:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Energy Information Administration.
        (2) Agreement.--The term ``Agreement'' means the agreement 
    entered into under subsection (b).
        (3) Survey.--The term ``Survey'' means the Commercial Building 
    Energy Consumption Survey.
    (b) Authorization of Agreement.--Not later than 120 days after the 
date of enactment of this Act, the Administrator and the Administrator 
of the Environmental Protection Agency shall sign, and submit to 
Congress, an information sharing agreement relating to commercial 
building energy consumption data.
    (c) Content of Agreement.--The Agreement shall--
        (1) provide, to the extent permitted by law, that--
            (A) the Administrator shall have access to building-
        specific data in the Portfolio Manager database of the 
        Environmental Protection Agency; and
            (B) the Administrator of the Environmental Protection 
        Agency shall have access to building-specific data collected by 
        the Survey;
        (2) describe the manner in which the Administrator shall use 
    the data described in paragraph (1) and subsection (d);
        (3) describe and compare--
            (A) the methodologies that the Energy Information 
        Administration, the Environmental Protection Agency, and State 
        and local government managers use to maximize the quality, 
        reliability, and integrity of data collected through the 
        Survey, the Portfolio Manager database of the Environmental 
        Protection Agency, and State and local building energy 
        disclosure laws (including regulations), respectively, and the 
        manner in which those methodologies can be improved; and
            (B) consistencies and variations in data for the same 
        buildings captured in--
                (i)(I) the 2018 Survey cycle; and
                (II) each subsequent Survey cycle; and
                (ii) the Portfolio Manager database of the 
            Environmental Protection Agency; and
        (4) consider whether, and the methods by which, the 
    Administrator may collect and publish new iterations of Survey data 
    every 3 years--
            (A) using the Survey processes of the Administrator; or
            (B) as supplemented by information in the Portfolio Manager 
        database of the Environmental Protection Agency.
    (d) Data.--The data referred in subsection (c)(2) includes data 
that--
        (1) is collected through the Portfolio Manager database of the 
    Environmental Protection Agency;
        (2) is required to be publicly available on the internet under 
    State and local government building energy disclosure laws 
    (including regulations); and
        (3) includes information on private sector buildings that are 
    not less than 250,000 square feet.
    (e) Protection of Information.--In carrying out the agreement, the 
Administrator and the Administrator of the Environmental Protection 
Agency shall protect information in accordance with--
        (1) section 552(b)(4) of title 5, United States Code (commonly 
    known as the ``Freedom of Information Act'');
        (2) subchapter III of chapter 35 of title 44, United States 
    Code; and
        (3) any other applicable law (including regulations).

                Subtitle C--Industrial Energy Efficiency

                            PART I--INDUSTRY

SEC. 40521. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH AND 
ASSESSMENT CENTERS.
    (a) Future of Industry Program.--
        (1) In general.--Section 452 of the Energy Independence and 
    Security Act of 2007 (42 U.S.C. 17111) is amended--
            (A) by striking the section heading and inserting the 
        following: ``future of industry program'';
            (B) in subsection (a)(2)--
                (i) by redesignating subparagraph (E) as subparagraph 
            (F); and
                (ii) by inserting after subparagraph (D) the following:
            ``(E) water and wastewater treatment facilities, including 
        systems that treat municipal, industrial, and agricultural 
        waste; and'';
            (C) by striking subsection (e); and
            (D) by redesignating subsection (f) as subsection (e).
        (2) Conforming amendment.--Section 454(b)(2)(C) of the Energy 
    Independence and Security Act of 2007 (42 U.S.C. 17113(b)(2)(C)) is 
    amended by striking ``energy-intensive industries'' and inserting 
    ``Future of Industry''.
    (b) Industrial Research and Assessment Centers.--Subtitle D of 
title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 
17111 et seq.) is amended by adding at the end the following:
    ``SEC. 457. INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.
    ``(a) Definitions.--In this section:
        ``(1) Covered project.--The term `covered project' means a 
    project--
            ``(A) that has been recommended in an energy assessment 
        described in paragraph (2)(A) conducted for an eligible entity; 
        and
            ``(B) with respect to which the plant site of that eligible 
        entity--
                ``(i) improves--

                    ``(I) energy efficiency;
                    ``(II) material efficiency;
                    ``(III) cybersecurity; or
                    ``(IV) productivity; or

                ``(ii) reduces--

                    ``(I) waste production;
                    ``(II) greenhouse gas emissions; or
                    ``(III) nongreenhouse gas pollution.

        ``(2) Eligible entity.--The term `eligible entity' means a 
    small- or medium-sized manufacturer that has had an energy 
    assessment completed by--
            ``(A) an industrial research and assessment center;
            ``(B) a Department of Energy Combined Heat and Power 
        Technical Assistance Partnership jointly with an industrial 
        research and assessment center; or
            ``(C) a third-party assessor that provides an assessment 
        equivalent to an assessment described in subparagraph (A) or 
        (B), as determined by the Secretary.
        ``(3) Energy service provider.--The term `energy service 
    provider' means--
            ``(A) any business providing technology or services to 
        improve the energy efficiency, water efficiency, power factor, 
        or load management of a manufacturing site or other industrial 
        process in an energy-intensive industry (as defined in section 
        452(a)); and
            ``(B) any utility operating under a utility energy service 
        project.
        ``(4) Industrial research and assessment center.--The term 
    `industrial research and assessment center' means--
            ``(A) an institution of higher education-based industrial 
        research and assessment center that is funded by the Secretary 
        under subsection (b); and
            ``(B) an industrial research and assessment center at a 
        trade school, community college, or union training program that 
        is funded by the Secretary under subsection (f).
        ``(5) Program.--The term `Program' means the program for 
    implementation grants established under subsection (i)(1).
        ``(6) Small- or medium-sized manufacturer.--The term `small- or 
    medium-sized manufacturer' means a manufacturing firm--
            ``(A) the gross annual sales of which are less than 
        $100,000,000;
            ``(B) that has fewer than 500 employees at the plant site 
        of the manufacturing firm; and
            ``(C) the annual energy bills of which total more than 
        $100,000 but less than $3,500,000.
    ``(b) Institution of Higher Education-based Industrial Research and 
Assessment Centers.--
        ``(1) In general.--The Secretary shall provide funding to 
    institution of higher education-based industrial research and 
    assessment centers.
        ``(2) Purpose.--The purpose of each institution of higher 
    education-based industrial research and assessment center shall 
    be--
            ``(A) to provide in-depth assessments of small- and medium-
        sized manufacturer plant sites to evaluate the facilities, 
        services, and manufacturing operations of the plant sites;
            ``(B) to identify opportunities for optimizing energy 
        efficiency and environmental performance, including 
        implementation of--
                ``(i) smart manufacturing;
                ``(ii) energy management systems;
                ``(iii) sustainable manufacturing;
                ``(iv) information technology advancements for supply 
            chain analysis, logistics, system monitoring, industrial 
            and manufacturing processes, and other purposes; and
                ``(v) waste management systems;
            ``(C) to promote applications of emerging concepts and 
        technologies in small- and medium-sized manufacturers 
        (including water and wastewater treatment facilities and 
        federally owned manufacturing facilities);
            ``(D) to promote research and development for the use of 
        alternative energy sources to supply heat, power, and new 
        feedstocks for energy-intensive industries;
            ``(E) to coordinate with appropriate Federal and State 
        research offices;
            ``(F) to provide a clearinghouse for industrial process and 
        energy efficiency technical assistance resources; and
            ``(G) to coordinate with State-accredited technical 
        training centers and community colleges, while ensuring 
        appropriate services to all regions of the United States.
    ``(c) Coordination.--To increase the value and capabilities of the 
industrial research and assessment centers, the centers shall--
        ``(1) coordinate with Manufacturing Extension Partnership 
    Centers of the National Institute of Standards and Technology;
        ``(2) coordinate with the Federal Energy Management Program and 
    the Building Technologies Office of the Department of Energy to 
    provide building assessment services to manufacturers;
        ``(3) increase partnerships with the National Laboratories of 
    the Department of Energy to leverage the expertise, technologies, 
    and research and development capabilities of the National 
    Laboratories for national industrial and manufacturing needs;
        ``(4) increase partnerships with energy service providers and 
    technology providers to leverage private sector expertise and 
    accelerate deployment of new and existing technologies and 
    processes for energy efficiency, power factor, and load management;
        ``(5) identify opportunities for reducing greenhouse gas 
    emissions and other air emissions; and
        ``(6) promote sustainable manufacturing practices for small- 
    and medium-sized manufacturers.
    ``(d) Outreach.--The Secretary shall provide funding for--
        ``(1) outreach activities by the industrial research and 
    assessment centers to inform small- and medium-sized manufacturers 
    of the information, technologies, and services available; and
        ``(2) coordination activities by each industrial research and 
    assessment center to leverage efforts with--
            ``(A) Federal, State, and Tribal efforts;
            ``(B) the efforts of utilities and energy service 
        providers;
            ``(C) the efforts of regional energy efficiency 
        organizations; and
            ``(D) the efforts of other industrial research and 
        assessment centers.
    ``(e) Centers of Excellence.--
        ``(1) Establishment.--The Secretary shall establish a Center of 
    Excellence at not more than 5 of the highest-performing industrial 
    research and assessment centers, as determined by the Secretary.
        ``(2) Duties.--A Center of Excellence shall coordinate with and 
    advise the industrial research and assessment centers located in 
    the region of the Center of Excellence, including--
            ``(A) by mentoring new directors and staff of the 
        industrial research and assessment centers with respect to--
                ``(i) the availability of resources; and
                ``(ii) best practices for carrying out assessments, 
            including through the participation of the staff of the 
            Center of Excellence in assessments carried out by new 
            industrial research and assessment centers;
            ``(B) by providing training to staff and students at the 
        industrial research and assessment centers on new technologies, 
        practices, and tools to expand the scope and impact of the 
        assessments carried out by the centers;
            ``(C) by assisting the industrial research and assessment 
        centers with specialized technical opportunities, including by 
        providing a clearinghouse of available expertise and tools to 
        assist the centers and clients of the centers in assessing and 
        implementing those opportunities;
            ``(D) by identifying and coordinating with regional, State, 
        local, Tribal, and utility energy efficiency programs for the 
        purpose of facilitating efforts by industrial research and 
        assessment centers to connect industrial facilities receiving 
        assessments from those centers with regional, State, local, and 
        utility energy efficiency programs that could aid the 
        industrial facilities in implementing any recommendations 
        resulting from the assessments;
            ``(E) by facilitating coordination between the industrial 
        research and assessment centers and other Federal programs 
        described in paragraphs (1) through (3) of subsection (c); and
            ``(F) by coordinating the outreach activities of the 
        industrial research and assessment centers under subsection 
        (d)(1).
        ``(3) Funding.--For each fiscal year, out of any amounts made 
    available to carry out this section under subsection (j), the 
    Secretary shall use not less than $500,000 to support each Center 
    of Excellence.
    ``(f) Expansion of Industrial Research and Assessment Centers.--
        ``(1) In general.--The Secretary shall provide funding to 
    establish additional industrial research and assessment centers at 
    trade schools, community colleges, and union training programs.
        ``(2) Purpose.--
            ``(A) In general.--Subject to subparagraph (B), to the 
        maximum extent practicable, an industrial research and 
        assessment center established under paragraph (1) shall have 
        the same purpose as an institution of higher education-based 
        industrial research center that is funded by the Secretary 
        under subsection (b)(1).
            ``(B) Consideration of capabilities.--In evaluating or 
        establishing the purpose of an industrial research and 
        assessment center established under paragraph (1), the 
        Secretary shall take into consideration the varying 
        capabilities of trade schools, community colleges, and union 
        training programs.
    ``(g) Workforce Training.--
        ``(1) Internships.--The Secretary shall pay the Federal share 
    of associated internship programs under which students work with or 
    for industries, manufacturers, and energy service providers to 
    implement the recommendations of industrial research and assessment 
    centers.
        ``(2) Apprenticeships.--The Secretary shall pay the Federal 
    share of associated apprenticeship programs under which--
            ``(A) students work with or for industries, manufacturers, 
        and energy service providers to implement the recommendations 
        of industrial research and assessment centers; and
            ``(B) employees of facilities that have received an 
        assessment from an industrial research and assessment center 
        work with or for an industrial research and assessment center 
        to gain knowledge on engineering practices and processes to 
        improve productivity and energy savings.
        ``(3) Federal share.--The Federal share of the cost of carrying 
    out internship programs described in paragraph (1) and 
    apprenticeship programs described in paragraph (2) shall be 50 
    percent.
    ``(h) Small Business Loans.--The Administrator of the Small 
Business Administration shall, to the maximum extent practicable, 
expedite consideration of applications from eligible small business 
concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.) 
to implement recommendations developed by the industrial research and 
assessment centers.
    ``(i) Implementation Grants.--
        ``(1) In general.--The Secretary shall establish a program 
    under which the Secretary shall provide grants to eligible entities 
    to implement covered projects.
        ``(2) Application.--An eligible entity seeking a grant under 
    the Program shall submit to the Secretary an application at such 
    time, in such manner, and containing such information as the 
    Secretary may require, including a demonstration of need for 
    financial assistance to implement the proposed covered project.
        ``(3) Priority.--In awarding grants under the Program, the 
    Secretary shall give priority to eligible entities that--
            ``(A) have had an energy assessment completed by an 
        industrial research and assessment center; and
            ``(B) propose to carry out a covered project with a greater 
        potential for--
                ``(i) energy efficiency gains; or
                ``(ii) greenhouse gas emissions reductions.
        ``(4) Grant amount.--
            ``(A) Maximum amount.--The amount of a grant provided to an 
        eligible entity under the Program shall not exceed $300,000.
            ``(B) Federal share.--A grant awarded under the Program for 
        a covered project shall be in an amount that is not more than 
        50 percent of the cost of the covered project.
            ``(C) Supplement.--A grant received by an eligible entity 
        under the Program shall supplement, not supplant, any private 
        or State funds available to the eligible entity to carry out 
        the covered project.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for the period of fiscal years 2022 
through 2026--
        ``(1) $150,000,000 to carry out subsections (a) through (h); 
    and
        ``(2) $400,000,000 to carry out subsection (i).''.
    (c) Clerical Amendment.--The table of contents of the Energy 
Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is 
amended by adding at the end of the items relating to subtitle D of 
title IV the following:
``Sec. 457. Industrial research and assessment centers.''.
SEC. 40522. SUSTAINABLE MANUFACTURING INITIATIVE.
    (a) In General.--Part E of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the 
end the following:
    ``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
    ``(a) In General.--As part of the Office of Energy Efficiency and 
Renewable Energy of the Department of Energy, the Secretary, on the 
request of a manufacturer, shall carry out onsite technical assessments 
to identify opportunities for--
        ``(1) maximizing the energy efficiency of industrial processes 
    and cross-cutting systems;
        ``(2) preventing pollution and minimizing waste;
        ``(3) improving efficient use of water in manufacturing 
    processes;
        ``(4) conserving natural resources; and
        ``(5) achieving such other goals as the Secretary determines to 
    be appropriate.
    ``(b) Coordination.--To implement any recommendations resulting 
from an onsite technical assessment carried out under subsection (a) 
and to accelerate the adoption of new and existing technologies and 
processes that improve energy efficiency, the Secretary shall 
coordinate with--
        ``(1) the Advanced Manufacturing Office of the Department of 
    Energy;
        ``(2) the Building Technologies Office of the Department of 
    Energy;
        ``(3) the Federal Energy Management Program of the Department 
    of Energy; and
        ``(4) the private sector and other appropriate agencies, 
    including the National Institute of Standards and Technology.
    ``(c) Research and Development Program for Sustainable 
Manufacturing and Industrial Technologies and Processes.--As part of 
the industrial efficiency programs of the Department of Energy, the 
Secretary shall carry out a joint industry-government partnership 
program to research, develop, and demonstrate new sustainable 
manufacturing and industrial technologies and processes that maximize 
the energy efficiency of industrial plants, reduce pollution, and 
conserve natural resources.''.
    (b) Clerical Amendment.--The table of contents of the Energy Policy 
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the 
end of the items relating to part E of title III the following:
``376. Sustainable manufacturing initiative.''.

                      PART II--SMART MANUFACTURING

SEC. 40531. DEFINITIONS.
    In this part:
        (1) Energy management system.--The term ``energy management 
    system'' means a business management process based on standards of 
    the American National Standards Institute that enables an 
    organization to follow a systematic approach in achieving continual 
    improvement of energy performance, including energy efficiency, 
    security, use, and consumption.
        (2) Industrial research and assessment center.--The term 
    ``industrial research and assessment center'' means a center 
    located at an institution of higher education, a trade school, a 
    community college, or a union training program that--
            (A) receives funding from the Department;
            (B) provides an in-depth assessment of small- and medium-
        size manufacturer plant sites to evaluate the facilities, 
        services, and manufacturing operations of the plant site; and
            (C) identifies opportunities for potential savings for 
        small- and medium-size manufacturer plant sites from energy 
        efficiency improvements, waste minimization, pollution 
        prevention, and productivity improvement.
        (3) Information and communication technology.--The term 
    ``information and communication technology'' means any electronic 
    system or equipment (including the content contained in the system 
    or equipment) used to create, convert, communicate, or duplicate 
    data or information, including computer hardware, firmware, 
    software, communication protocols, networks, and data interfaces.
        (4) Institution of higher education.--The term ``institution of 
    higher education'' has the meaning given the term in section 101(a) 
    of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
        (5) North american industry classification system.--The term 
    ``North American Industry Classification System'' means the 
    standard used by Federal statistical agencies in classifying 
    business establishments for the purpose of collecting, analyzing, 
    and publishing statistical data relating to the business economy of 
    the United States.
        (6) Small and medium manufacturers.--The term ``small and 
    medium manufacturers'' means manufacturing firms--
            (A) classified in the North American Industry 
        Classification System as any of sectors 31 through 33;
            (B) with gross annual sales of less than $100,000,000;
            (C) with fewer than 500 employees at the plant site; and
            (D) with annual energy bills totaling more than $100,000 
        and less than $3,500,000.
        (7) Smart manufacturing.--The term ``smart manufacturing'' 
    means advanced technologies in information, automation, monitoring, 
    computation, sensing, modeling, artificial intelligence, analytics, 
    and networking that--
            (A) digitally--
                (i) simulate manufacturing production lines;
                (ii) operate computer-controlled manufacturing 
            equipment;
                (iii) monitor and communicate production line status; 
            and
                (iv) manage and optimize energy productivity and cost 
            throughout production;
            (B) model, simulate, and optimize the energy efficiency of 
        a factory building;
            (C) monitor and optimize building energy performance;
            (D) model, simulate, and optimize the design of energy 
        efficient and sustainable products, including the use of 
        digital prototyping and additive manufacturing to enhance 
        product design;
            (E) connect manufactured products in networks to monitor 
        and optimize the performance of the networks, including 
        automated network operations; and
            (F) digitally connect the supply chain network.
SEC. 40532. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST SMALL AND 
MEDIUM MANUFACTURERS.
    The Secretary shall expand the scope of technologies covered by the 
industrial research and assessment centers of the Department--
        (1) to include smart manufacturing technologies and practices; 
    and
        (2) to equip the directors of the industrial research and 
    assessment centers with the training and tools necessary to provide 
    technical assistance in smart manufacturing technologies and 
    practices, including energy management systems, to manufacturers.
SEC. 40533. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT NATIONAL 
LABORATORIES.
    (a) Study.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary shall conduct a study on how 
    the Department can increase access to existing high-performance 
    computing resources in the National Laboratories, particularly for 
    small and medium manufacturers.
        (2) Inclusions.--In identifying ways to increase access to 
    National Laboratories under paragraph (1), the Secretary shall--
            (A) focus on increasing access to the computing facilities 
        of the National Laboratories; and
            (B) ensure that--
                (i) the information from the manufacturer is protected; 
            and
                (ii) the security of the National Laboratory facility 
            is maintained.
        (3) Report.--Not later than 1 year after the date of enactment 
    of this Act, the Secretary shall submit to Congress a report 
    describing the results of the study.
    (b) Actions for Increased Access.--The Secretary shall facilitate 
access to the National Laboratories studied under subsection (a) for 
small and medium manufacturers so that small and medium manufacturers 
can fully use the high-performance computing resources of the National 
Laboratories to enhance the manufacturing competitiveness of the United 
States.
SEC. 40534. STATE MANUFACTURING LEADERSHIP.
    (a) Financial Assistance Authorized.--The Secretary may provide 
financial assistance on a competitive basis to States for the 
establishment of programs to be used as models for supporting the 
implementation of smart manufacturing technologies.
    (b) Applications.--
        (1) In general.--To be eligible to receive financial assistance 
    under this section, a State shall submit to the Secretary an 
    application at such time, in such manner, and containing such 
    information as the Secretary may require.
        (2) Criteria.--The Secretary shall evaluate an application for 
    financial assistance under this section on the basis of merit using 
    criteria identified by the Secretary, including--
            (A) technical merit, innovation, and impact;
            (B) research approach, workplan, and deliverables;
            (C) academic and private sector partners; and
            (D) alternate sources of funding.
    (c) Requirements.--
        (1) Term.--The term of an award of financial assistance under 
    this section shall not exceed 3 years.
        (2) Maximum amount.--The amount of an award of financial 
    assistance under this section shall be not more than $2,000,000.
        (3) Matching requirement.--Each State that receives financial 
    assistance under this section shall contribute matching funds in an 
    amount equal to not less than 30 percent of the amount of the 
    financial assistance.
    (d) Use of Funds.--A State may use financial assistance provided 
under this section--
        (1) to facilitate access to high-performance computing 
    resources for small and medium manufacturers; and
        (2) to provide assistance to small and medium manufacturers to 
    implement smart manufacturing technologies and practices.
    (e) Evaluation.--The Secretary shall conduct semiannual evaluations 
of each award of financial assistance under this section--
        (1) to determine the impact and effectiveness of programs 
    funded with the financial assistance; and
        (2) to provide guidance to States on ways to better execute the 
    program of the State.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
the period of fiscal years 2022 through 2026.
SEC. 40535. REPORT.
    The Secretary annually shall submit to Congress and make publicly 
available a report on the progress made in advancing smart 
manufacturing in the United States.

                   Subtitle D--Schools and Nonprofits

SEC. 40541. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE 
ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.
    (a) Definitions.--In this section:
        (1) Alternative fueled vehicle.--The term ``alternative fueled 
    vehicle'' has the meaning given the term in section 301 of the 
    Energy Policy Act of 1992 (42 U.S.C. 13211).
        (2) Alternative fueled vehicle infrastructure.--The term 
    ``alternative fueled vehicle infrastructure'' means infrastructure 
    used to charge or fuel an alternative fueled vehicle.
        (3) Eligible entity.--The term ``eligible entity'' means a 
    consortium of--
            (A) 1 local educational agency; and
            (B) 1 or more--
                (i) schools;
                (ii) nonprofit organizations that have the knowledge 
            and capacity to partner and assist with energy 
            improvements;
                (iii) for-profit organizations that have the knowledge 
            and capacity to partner and assist with energy 
            improvements; or
                (iv) community partners that have the knowledge and 
            capacity to partner and assist with energy improvements.
        (4) Energy improvement.--The term ``energy improvement'' 
    means--
            (A) any improvement, repair, or renovation to a school that 
        results in a direct reduction in school energy costs, including 
        improvements to the envelope, air conditioning system, 
        ventilation system, heating system, domestic hot water heating 
        system, compressed air system, distribution system, lighting 
        system, power system, and controls of a building;
            (B) any improvement, repair, or renovation to, or 
        installation in, a school that--
                (i) leads to an improvement in teacher and student 
            health, including indoor air quality; and
                (ii) achieves energy savings;
            (C) any improvement, repair, or renovation to a school 
        involving the installation of renewable energy technologies;
            (D) the installation of alternative fueled vehicle 
        infrastructure on school grounds for--
                (i) exclusive use of school buses, school fleets, or 
            students; or
                (ii) the general public; and
            (E) the purchase or lease of alternative fueled vehicles to 
        be used by a school, including school buses, fleet vehicles, 
        and other operational vehicles.
        (5) High school.--The term ``high school'' has the meaning 
    given the term in section 8101 of the Elementary and Secondary 
    Education Act of 1965 (20 U.S.C. 7801).
        (6) Local educational agency.--The term ``local educational 
    agency'' has the meaning given the term in section 8101 of the 
    Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
        (7) Nonprofit organization.--The term ``nonprofit 
    organization'' means--
            (A) an organization described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from tax under section 
        501(a) of such Code; or
            (B) a mutual or cooperative electric company described in 
        section 501(c)(12) of such Code.
        (8) Partnering local educational agency.--The term ``partnering 
    local educational agency'', with respect to an eligible entity, 
    means the local educational agency participating in the consortium 
    of the eligible entity.
    (b) Grants.--The Secretary shall award competitive grants to 
eligible entities to make energy improvements in accordance with this 
section.
    (c) Applications.--
        (1) In general.--An eligible entity desiring a grant under this 
    section shall submit to the Secretary an application at such time, 
    in such manner, and containing such information as the Secretary 
    may require.
        (2) Contents.--The application submitted under paragraph (1) 
    shall include each of the following:
            (A) A needs assessment of the current condition of the 
        school and school facilities that would receive the energy 
        improvements if the application were approved.
            (B) A draft work plan of the intended achievements of the 
        eligible entity at the school.
            (C) A description of the energy improvements that the 
        eligible entity would carry out at the school if the 
        application were approved.
            (D) A description of the capacity of the eligible entity to 
        provide services and comprehensive support to make the energy 
        improvements referred to in subparagraph (C).
            (E) An assessment of the expected needs of the eligible 
        entity for operation and maintenance training funds, and a plan 
        for use of those funds, if applicable.
            (F) An assessment of the expected energy efficiency, energy 
        savings, and safety benefits of the energy improvements.
            (G) A cost estimate of the proposed energy improvements.
            (H) An identification of other resources that are available 
        to carry out the activities for which grant funds are requested 
        under this section, including the availability of utility 
        programs and public benefit funds.
    (d) Priority.--
        (1) In general.--In awarding grants under this section, the 
    Secretary shall give priority to an eligible entity--
            (A) that has renovation, repair, and improvement funding 
        needs;
            (B)(i) that, as determined by the Secretary, serves a high 
        percentage of students, including students in a high school in 
        accordance with paragraph (2), who are eligible for a free or 
        reduced price lunch under the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1751 et seq.); or
            (ii) the partnering local educational agency of which is 
        designated with a school district locale code of 41, 42, or 43, 
        as determined by the National Center for Education Statistics 
        in consultation with the Bureau of the Census; and
            (C) that leverages private sector investment through 
        energy-related performance contracting.
        (2) High school students.--In the case of students in a high 
    school, the percentage of students eligible for a free or reduced 
    price lunch described in paragraph (1)(B)(i) shall be calculated 
    using data from the schools that feed into the high school.
    (e) Competitive Criteria.--The competitive criteria used by the 
Secretary to award grants under this section shall include the 
following:
        (1) The extent of the disparity between the fiscal capacity of 
    the eligible entity to carry out energy improvements at school 
    facilities and the needs of the partnering local educational agency 
    for those energy improvements, including consideration of--
            (A) the current and historic ability of the partnering 
        local educational agency to raise funds for construction, 
        renovation, modernization, and major repair projects for 
        schools;
            (B) the ability of the partnering local educational agency 
        to issue bonds or receive other funds to support the current 
        infrastructure needs of the partnering local educational agency 
        for schools; and
            (C) the bond rating of the partnering local educational 
        agency.
        (2) The likelihood that the partnering local educational agency 
    or eligible entity will maintain, in good condition, any school and 
    school facility that is the subject of improvements.
        (3) The potential energy efficiency and safety benefits from 
    the proposed energy improvements.
    (f) Use of Grant Amounts.--
        (1) In general.--Except as provided in this subsection, an 
    eligible entity receiving a grant under this section shall use the 
    grant amounts only to make the energy improvements described in the 
    application submitted by the eligible entity under subsection (c).
        (2) Operation and maintenance training.--An eligible entity 
    receiving a grant under this section may use not more than 5 
    percent of the grant amounts for operation and maintenance training 
    for energy efficiency and renewable energy improvements, such as 
    maintenance staff and teacher training, education, and preventative 
    maintenance training.
        (3) Third-party investigation and analysis.--An eligible entity 
    receiving a grant under this section may use a portion of the grant 
    amounts for a third-party investigation and analysis of the energy 
    improvements carried out by the eligible entity, such as energy 
    audits and existing building commissioning.
        (4) Continuing education.--An eligible entity receiving a grant 
    under this section may use not more than 3 percent of the grant 
    amounts to develop a continuing education curriculum relating to 
    energy improvements.
    (g) Competition in Contracting.--If an eligible entity receiving a 
grant under this section uses grant funds to carry out repair or 
renovation through a contract, the eligible entity shall be required to 
ensure that the contract process--
        (1) through full and open competition, ensures the maximum 
    practicable number of qualified bidders, including small, minority, 
    and women-owned businesses; and
        (2) gives priority to businesses located in, or resources 
    common to, the State or geographical area in which the repair or 
    renovation under the contract will be carried out.
    (h) Best Practices.--The Secretary shall develop and publish 
guidelines and best practices for activities carried out under this 
section.
    (i) Report by Eligible Entity.--An eligible entity receiving a 
grant under this section shall submit to the Secretary, at such time as 
the Secretary may require, a report describing--
        (1) the use of the grant funds for energy improvements;
        (2) the estimated cost savings realized by those energy 
    improvements;
        (3) the results of any third-party investigation and analysis 
    conducted relating to those energy improvements;
        (4) the use of any utility programs and public benefit funds; 
    and
        (5) the use of performance tracking for energy improvements, 
    such as--
            (A) the Energy Star program established under section 324A 
        of the Energy Policy and Conservation Act (42 U.S.C. 6294a); or
            (B) the United States Green Building Council Leadership in 
        Energy and Environmental Design (LEED) green building rating 
        system for existing buildings.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $500,000,000 
for the period of fiscal years 2022 through 2026.
SEC. 40542. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM.
    (a) Definitions.--In this section:
        (1) Applicant.--The term ``applicant'' means a nonprofit 
    organization that applies for a grant under this section.
        (2) Energy-efficiency material.--
            (A) In general.--The term ``energy-efficiency material'' 
        means a material (including a product, equipment, or system) 
        the installation of which results in a reduction in use by a 
        nonprofit organization of energy or fuel.
            (B) Inclusions.--The term ``energy-efficiency material'' 
        includes--
                (i) a roof or lighting system or component of the 
            system;
                (ii) a window;
                (iii) a door, including a security door; and
                (iv) a heating, ventilation, or air conditioning system 
            or component of the system (including insulation and wiring 
            and plumbing improvements needed to serve a more efficient 
            system).
        (3) Nonprofit building.--The term ``nonprofit building'' means 
    a building operated and owned by an organization that is described 
    in section 501(c)(3) of the Internal Revenue Code of 1986 and 
    exempt from tax under section 501(a) of such Code.
    (b) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish a pilot program to 
award grants for the purpose of providing nonprofit buildings with 
energy-efficiency materials.
    (c) Grants.--
        (1) In general.--The Secretary may award grants under the 
    program established under subsection (b).
        (2) Application.--The Secretary may award a grant under 
    paragraph (1) if an applicant submits to the Secretary an 
    application at such time, in such form, and containing such 
    information as the Secretary may prescribe.
        (3) Criteria for grant.--In determining whether to award a 
    grant under paragraph (1), the Secretary shall apply performance-
    based criteria, which shall give priority to applicants based on--
            (A) the energy savings achieved;
            (B) the cost effectiveness of the use of energy-efficiency 
        materials;
            (C) an effective plan for evaluation, measurement, and 
        verification of energy savings; and
            (D) the financial need of the applicant.
        (4) Limitation on individual grant amount.--Each grant awarded 
    under this section shall not exceed $200,000.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
the period of fiscal years 2022 through 2026, to remain available until 
expended.

                       Subtitle E--Miscellaneous

SEC. 40551. WEATHERIZATION ASSISTANCE PROGRAM.
    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary for the weatherization assistance program 
established under part A of title IV of the Energy Conservation and 
Production Act (42 U.S.C. 6861 et seq.) $3,500,000,000 for fiscal year 
2022, to remain available until expended.
    (b) Application of Wage Rate Requirements to Weatherization 
Assistance Program.--With respect to work performed under the 
weatherization assistance program established under part A of title IV 
of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) 
on a project assisted in whole or in part by funding made available 
under subsection (a), the requirements of section 41101 shall apply 
only to work performed on multifamily buildings with not fewer than 5 
units.
SEC. 40552. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.
    (a) Use of Funds.--Section 544 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17154) is amended--
        (1) in paragraph (13)(D), by striking ``and'' after the 
    semicolon;
        (2) by redesignating paragraph (14) as paragraph (15); and
        (3) by inserting after paragraph (13) the following:
        ``(14) programs for financing energy efficiency, renewable 
    energy, and zero-emission transportation (and associated 
    infrastructure), capital investments, projects, and programs, which 
    may include loan programs and performance contracting programs, for 
    leveraging of additional public and private sector funds, and 
    programs that allow rebates, grants, or other incentives for the 
    purchase and installation of energy efficiency, renewable energy, 
    and zero-emission transportation (and associated infrastructure) 
    measures; and''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary for the Energy Efficiency and 
Conservation Block Grant Program established under section 542(a) of 
the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(a)) 
$550,000,000 for fiscal year 2022, to remain available until expended.
SEC. 40553. SURVEY, ANALYSIS, AND REPORT ON EMPLOYMENT AND DEMOGRAPHICS 
IN THE ENERGY, ENERGY EFFICIENCY, AND MOTOR VEHICLE SECTORS OF THE 
UNITED STATES.
    (a) Energy Jobs Council.--
        (1) Establishment.--The Secretary shall establish a council, to 
    be known as the ``Energy Jobs Council'' (referred to in this 
    section as the ``Council'').
        (2) Membership.--The Council shall be comprised of--
            (A) to be appointed by the Secretary--
                (i) 1 or more representatives of the Energy Information 
            Administration; and
                (ii) 1 or more representatives of a State energy office 
            that are serving as members of the State Energy Advisory 
            Board established by section 365(g) of the Energy Policy 
            and Conservation Act (42 U.S.C. 6325(g));
            (B) to be appointed by the Secretary of Commerce--
                (i) 1 or more representatives of the Department of 
            Commerce; and
                (ii) 1 or more representatives of the Bureau of the 
            Census;
            (C) 1 or more representatives of the Bureau of Labor 
        Statistics, to be appointed by the Secretary of Labor; and
            (D) 1 or more representatives of any other Federal agency 
        the assistance of which is required to carry out this section, 
        as determined by the Secretary, to be appointed by the head of 
        the applicable agency.
    (b) Survey and Analysis.--
        (1) In general.--The Council shall--
            (A) conduct a survey of employers in the energy, energy 
        efficiency, and motor vehicle sectors of the economy of the 
        United States; and
            (B) perform an analysis of the employment figures and 
        demographics in those sectors, including the number of 
        personnel in each sector who devote a substantial portion of 
        working hours, as determined by the Secretary, to regulatory 
        compliance matters.
        (2) Methodology.--In conducting the survey and analysis under 
    paragraph (1), the Council shall employ a methodology that--
            (A) was approved in 2016 by the Office of Management and 
        Budget for use in the document entitled ``OMB Control Number 
        1910-5179'';
            (B) uses a representative, stratified sampling of 
        businesses in the United States; and
            (C) is designed to elicit a comparable number of responses 
        from businesses in each State and with the same North American 
        Industry Classification System codes as were received for the 
        2016 and 2017 reports entitled ``U.S. Energy and Employment 
        Report''.
        (3) Consultation.--In conducting the survey and analysis under 
    paragraph (1), the Council shall consult with key stakeholders, 
    including--
            (A) as the Council determines to be appropriate, the heads 
        of relevant Federal agencies and offices, including--
                (i) the Secretary of Commerce;
                (ii) the Secretary of Transportation;
                (iii) the Director of the Bureau of the Census;
                (iv) the Commissioner of the Bureau of Labor 
            Statistics; and
                (v) the Administrator of the Environmental Protection 
            Agency;
            (B) States;
            (C) the State Energy Advisory Board established by section 
        365(g) of the Energy Policy and Conservation Act (42 U.S.C. 
        6325(g)); and
            (D) energy industry trade associations.
    (c) Report.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, and annually thereafter, the Secretary 
    shall--
            (A) make publicly available on the website of the 
        Department a report, to be entitled the ``U.S. Energy and 
        Employment Report'', describing the employment figures and 
        demographics in the energy, energy efficiency, and motor 
        vehicle sectors of the United States, and the average number of 
        hours devoted to regulatory compliance, based on the survey and 
        analysis conducted under subsection (b); and
            (B) subject to the requirements of subchapter III of 
        chapter 35 of title 44, United States Code, make the data 
        collected by the Council publicly available on the website of 
        the Department.
        (2) Contents.--
            (A) In general.--The report under paragraph (1) shall 
        include employment figures and demographic data for--
                (i) the energy sector of the economy of the United 
            States, including--

                    (I) the electric power generation and fuels sector; 
                and
                    (II) the transmission, storage, and distribution 
                sector;

                (ii) the energy efficiency sector of the economy of the 
            United States; and
                (iii) the motor vehicle sector of the economy of the 
            United States.
            (B) Inclusion.--With respect to each sector described in 
        subparagraph (A), the report under paragraph (1) shall include 
        employment figures and demographic data sorted by--
                (i) each technology, subtechnology, and fuel type of 
            those sectors; and
                (ii) subject to the requirements of the Confidential 
            Information Protection and Statistical Efficiency Act of 
            2002 (44 U.S.C. 3501 note; Public Law 107-347)--

                    (I) each State;
                    (II) each territory of the United States;
                    (III) the District of Columbia; and
                    (IV) each county (or equivalent jurisdiction) in 
                the United States.

SEC. 40554. ASSISTING FEDERAL FACILITIES WITH ENERGY CONSERVATION 
TECHNOLOGIES GRANT PROGRAM.
    There is authorized to be appropriated to the Secretary to provide 
grants authorized under section 546(b) of the National Energy 
Conservation Policy Act (42 U.S.C. 8256(b)), $250,000,000 for fiscal 
year 2022, to remain available until expended.
SEC. 40555. REBATES.
    There are authorized to be appropriated to the Secretary for the 
period of fiscal years 2022 and 2023--
        (1) $10,000,000 for the extended product system rebate program 
    authorized under section 1005 of the Energy Act of 2020 (42 U.S.C. 
    6311 note; Public Law 116-260); and
        (2) $10,000,000 for the energy efficient transformer rebate 
    program authorized under section 1006 of the Energy Act of 2020 (42 
    U.S.C. 6317 note; Public Law 116-260).
SEC. 40556. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS AND 
WASTE HEAT TO POWER SYSTEMS.
    (a) Definitions.--In this section:
        (1) Additional services.--The term ``additional services'' 
    means the provision of supplementary power, backup or standby 
    power, maintenance power, or interruptible power to an electric 
    consumer by an electric utility.
        (2) Waste heat to power system.--The term ``waste heat to power 
    system'' means a system that generates electricity through the 
    recovery of waste energy.
        (3) Other terms.--
            (A) Purpa.--The terms ``electric consumer'', ``electric 
        utility'', ``interconnection service'', ``nonregulated electric 
        utility'', and ``State regulatory authority'' have the meanings 
        given those terms in the Public Utility Regulatory Policies Act 
        of 1978 (16 U.S.C. 2601 et seq.), within the meaning of title I 
        of that Act (16 U.S.C. 2611 et seq.).
            (B) Epca.--The terms ``combined heat and power system'' and 
        ``waste energy'' have the meanings given those terms in section 
        371 of the Energy Policy and Conservation Act (42 U.S.C. 6341).
    (b) Review.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary, in consultation with the 
    Federal Energy Regulatory Commission and other appropriate 
    entities, shall review existing rules and procedures relating to 
    interconnection service and additional services throughout the 
    United States for electric generation with nameplate capacity up to 
    150 megawatts connecting at either distribution or transmission 
    voltage levels to identify barriers to the deployment of combined 
    heat and power systems and waste heat to power systems.
        (2) Inclusion.--The review under this subsection shall include 
    a review of existing rules and procedures relating to--
            (A) determining and assigning costs of interconnection 
        service and additional services; and
            (B) ensuring adequate cost recovery by an electric utility 
        for interconnection service and additional services.
    (c) Model Guidance.--
        (1) In general.--Not later than 18 months after the date of 
    enactment of this Act, the Secretary, in consultation with the 
    Federal Energy Regulatory Commission and other appropriate 
    entities, shall issue model guidance for interconnection service 
    and additional services for consideration by State regulatory 
    authorities and nonregulated electric utilities to reduce the 
    barriers identified under subsection (b)(1).
        (2) Current best practices.--The model guidance issued under 
    this subsection shall reflect, to the maximum extent practicable, 
    current best practices to encourage the deployment of combined heat 
    and power systems and waste heat to power systems while ensuring 
    the safety and reliability of the interconnected units and the 
    distribution and transmission networks to which the units connect, 
    including--
            (A) relevant current standards developed by the Institute 
        of Electrical and Electronic Engineers; and
            (B) model codes and rules adopted by--
                (i) States; or
                (ii) associations of State regulatory agencies.
        (3) Factors for consideration.--In establishing the model 
    guidance under this subsection, the Secretary shall take into 
    consideration--
            (A) the appropriateness of using standards or procedures 
        for interconnection service that vary based on unit size, fuel 
        type, or other relevant characteristics;
            (B) the appropriateness of establishing fast-track 
        procedures for interconnection service;
            (C) the value of consistency with Federal interconnection 
        rules established by the Federal Energy Regulatory Commission 
        as of the date of enactment of this Act;
            (D) the best practices used to model outage assumptions and 
        contingencies to determine fees or rates for additional 
        services;
            (E) the appropriate duration, magnitude, or usage of demand 
        charge ratchets;
            (F) potential alternative arrangements with respect to the 
        procurement of additional services, including--
                (i) contracts tailored to individual electric consumers 
            for additional services;
                (ii) procurement of additional services by an electric 
            utility from a competitive market; and
                (iii) waivers of fees or rates for additional services 
            for small electric consumers; and
            (G) outcomes such as increased electric reliability, fuel 
        diversification, enhanced power quality, and reduced electric 
        losses that may result from increased use of combined heat and 
        power systems and waste heat to power systems.

               TITLE VI--METHANE REDUCTION INFRASTRUCTURE

SEC. 40601. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.
    Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907) is 
amended to read as follows:
    ``SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND 
      RESTORATION.
    ``(a) Definitions.--In this section:
        ``(1) Federal land.--The term `Federal land' means land 
    administered by a land management agency within--
            ``(A) the Department of Agriculture; or
            ``(B) the Department of the Interior.
        ``(2) Idled well.--The term `idled well' means a well--
            ``(A) that has been nonoperational for not fewer than 4 
        years; and
            ``(B) for which there is no anticipated beneficial future 
        use.
        ``(3) Indian tribe.--The term `Indian Tribe' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304).
        ``(4) Operator.--The term `operator', with respect to an oil or 
    gas operation, means any entity, including a lessee or operating 
    rights owner, that has provided to a relevant authority a written 
    statement that the entity is responsible for the oil or gas 
    operation, or any portion of the operation.
        ``(5) Orphaned well.--The term `orphaned well'--
            ``(A) with respect to Federal land or Tribal land, means a 
        well--
                ``(i)(I) that is not used for an authorized purpose, 
            such as production, injection, or monitoring; and
                ``(II)(aa) for which no operator can be located;
                ``(bb) the operator of which is unable--

                    ``(AA) to plug the well; and
                    ``(BB) to remediate and reclaim the well site; or

                ``(cc) that is within the National Petroleum Reserve-
            Alaska; and
            ``(B) with respect to State or private land--
                ``(i) has the meaning given the term by the applicable 
            State; or
                ``(ii) if that State uses different terminology, has 
            the meaning given another term used by the State to 
            describe a well eligible for plugging, remediation, and 
            reclamation by the State.
        ``(6) Tribal land.--The term `Tribal land' means any land or 
    interest in land owned by an Indian Tribe, the title to which is--
            ``(A) held in trust by the United States; or
            ``(B) subject to a restriction against alienation under 
        Federal law.
    ``(b) Federal Program.--
        ``(1) Establishment.--Not later than 60 days after the date of 
    enactment of the Infrastructure Investment and Jobs Act, the 
    Secretary shall establish a program to plug, remediate, and reclaim 
    orphaned wells located on Federal land.
        ``(2) Included activities.--The program under this subsection 
    shall--
            ``(A) include a method of--
                ``(i) identifying, characterizing, and inventorying 
            orphaned wells and associated pipelines, facilities, and 
            infrastructure on Federal land; and
                ``(ii) ranking those orphaned wells for priority in 
            plugging, remediation, and reclamation, based on--

                    ``(I) public health and safety;
                    ``(II) potential environmental harm; and
                    ``(III) other subsurface impacts or land use 
                priorities;

            ``(B) distribute funding in accordance with the priorities 
        established under subparagraph (A)(ii) for--
                ``(i) plugging orphaned wells;
                ``(ii) remediating and reclaiming well pads and 
            facilities associated with orphaned wells;
                ``(iii) remediating soil and restoring native species 
            habitat that has been degraded due to the presence of 
            orphaned wells and associated pipelines, facilities, and 
            infrastructure; and
                ``(iv) remediating land adjacent to orphaned wells and 
            decommissioning or removing associated pipelines, 
            facilities, and infrastructure;
            ``(C) provide a public accounting of the costs of plugging, 
        remediation, and reclamation for each orphaned well;
            ``(D) seek to determine the identities of potentially 
        responsible parties associated with the orphaned well (or a 
        surety or guarantor of such a party), to the extent such 
        information can be ascertained, and make efforts to obtain 
        reimbursement for expenditures to the extent practicable;
            ``(E) measure or estimate and track--
                ``(i) emissions of methane and other gases associated 
            with orphaned wells; and
                ``(ii) contamination of groundwater or surface water 
            associated with orphaned wells; and
            ``(F) identify and address any disproportionate burden of 
        adverse human health or environmental effects of orphaned wells 
        on communities of color, low-income communities, and Tribal and 
        indigenous communities.
        ``(3) Idled wells.--The Secretary, acting through the Director 
    of the Bureau of Land Management, shall--
            ``(A) periodically review all idled wells on Federal land; 
        and
            ``(B) reduce the inventory of idled wells on Federal land.
        ``(4) Cooperation and consultation.--In carrying out the 
    program under this subsection, the Secretary shall--
            ``(A) work cooperatively with--
                ``(i) the Secretary of Agriculture;
                ``(ii) affected Indian Tribes; and
                ``(iii) each State within which Federal land is 
            located; and
            ``(B) consult with--
                ``(i) the Secretary of Energy; and
                ``(ii) the Interstate Oil and Gas Compact Commission.
    ``(c) Funding for State Programs.--
        ``(1) In general.--The Secretary shall provide to States, in 
    accordance with this subsection--
            ``(A) initial grants under paragraph (3);
            ``(B) formula grants under paragraph (4); and
            ``(C) performance grants under paragraph (5).
        ``(2) Activities.--
            ``(A) In general.--A State may use funding provided under 
        this subsection for any of the following purposes:
                ``(i) To plug, remediate, and reclaim orphaned wells 
            located on State-owned or privately owned land.
                ``(ii) To identify and characterize undocumented 
            orphaned wells on State and private land.
                ``(iii) To rank orphaned wells based on factors 
            including--

                    ``(I) public health and safety;
                    ``(II) potential environmental harm; and
                    ``(III) other land use priorities.

                ``(iv) To make information regarding the use of funds 
            received under this subsection available on a public 
            website.
                ``(v) To measure and track--

                    ``(I) emissions of methane and other gases 
                associated with orphaned wells; and
                    ``(II) contamination of groundwater or surface 
                water associated with orphaned wells.

                ``(vi) To remediate soil and restore native species 
            habitat that has been degraded due to the presence of 
            orphaned wells and associated pipelines, facilities, and 
            infrastructure.
                ``(vii) To remediate land adjacent to orphaned wells 
            and decommission or remove associated pipelines, 
            facilities, and infrastructure.
                ``(viii) To identify and address any disproportionate 
            burden of adverse human health or environmental effects of 
            orphaned wells on communities of color, low-income 
            communities, and Tribal and indigenous communities.
                ``(ix) Subject to subparagraph (B), to administer a 
            program to carry out any activities described in clauses 
            (i) through (viii).
            ``(B) Administrative cost limitation.--
                ``(i) In general.--Except as provided in clause (ii), a 
            State shall not use more than 10 percent of the funds 
            received under this subsection during a fiscal year for 
            administrative costs under subparagraph (A)(ix).
                ``(ii) Exception.--The limitation under clause (i) 
            shall not apply to funds used by a State as described in 
            paragraph (3)(A)(ii).
        ``(3) Initial grants.--
            ``(A) In general.--Subject to the availability of 
        appropriations, the Secretary shall distribute--
                ``(i) not more than $25,000,000 to each State that 
            submits to the Secretary, by not later than 180 days after 
            the date of enactment of the Infrastructure Investment and 
            Jobs Act, a request for funding under this clause, 
            including--

                    ``(I) an estimate of the number of jobs that will 
                be created or saved through the activities proposed to 
                be funded; and
                    ``(II) a certification that--

                        ``(aa) the State is a Member State or Associate 
                    Member State of the Interstate Oil and Gas Compact 
                    Commission;
                        ``(bb) there are 1 or more documented orphaned 
                    wells located in the State; and
                        ``(cc) the State will use not less than 90 
                    percent of the funding requested under this 
                    subsection to issue new contracts, amend existing 
                    contracts, or issue grants for plugging, 
                    remediation, and reclamation work by not later than 
                    90 days after the date of receipt of the funds; and
                ``(ii) not more than $5,000,000 to each State that--

                    ``(I) requests funding under this clause;
                    ``(II) does not receive a grant under clause (i); 
                and
                    ``(III) certifies to the Secretary that--

                        ``(aa) the State--
                            ``(AA) has in effect a plugging, 
                        remediation, and reclamation program for 
                        orphaned wells; or
                            ``(BB) the capacity to initiate such a 
                        program; or
                        ``(bb) the funds provided under this paragraph 
                    will be used to carry out any administrative 
                    actions necessary to develop an application for a 
                    formula grant under paragraph (4) or a performance 
                    grant under paragraph (5).
            ``(B) Distribution.--Subject to the availability of 
        appropriations, the Secretary shall distribute funds to a State 
        under this paragraph by not later than the date that is 30 days 
        after the date on which the State submits to the Secretary the 
        certification required under clause (i)(II) or (ii)(III) of 
        subparagraph (A), as applicable.
            ``(C) Deadline for expenditure.--A State that receives 
        funds under this paragraph shall reimburse the Secretary in an 
        amount equal to the amount of the funds that remain unobligated 
        on the date that is 1 year after the date of receipt of the 
        funds.
            ``(D) Report.--Not later than 15 months after the date on 
        which a State receives funds under this paragraph, the State 
        shall submit to the Secretary a report that describes the means 
        by which the State used the funds in accordance with the 
        certification submitted by the State under subparagraph (A).
        ``(4) Formula grants.--
            ``(A) Establishment.--
                ``(i) In general.--The Secretary shall establish a 
            formula for the distribution to each State described in 
            clause (ii) of funds under this paragraph.
                ``(ii) Description of states.--A State referred to in 
            clause (i) is a State that, by not later than 45 days after 
            the date of enactment of the Infrastructure Investment and 
            Jobs Act, submits to the Secretary a notice of the intent 
            of the State to submit an application under subparagraph 
            (B), including a description of the factors described in 
            clause (iii) with respect to the State.
                ``(iii) Factors.--The formula established under clause 
            (i) shall account for, with respect to an applicant State, 
            the following factors:

                    ``(I) Job losses in the oil and gas industry in the 
                State during the period--

                        ``(aa) beginning on March 1, 2020; and
                        ``(bb) ending on the date of enactment of the 
                    Infrastructure Investment and Jobs Act.

                    ``(II) The number of documented orphaned wells 
                located in the State, and the projected cost--

                        ``(aa) to plug or reclaim those orphaned wells;
                        ``(bb) to reclaim adjacent land; and
                        ``(cc) to decommission or remove associated 
                    pipelines, facilities, and infrastructure.
                ``(iv) Publication.--Not later than 75 days after the 
            date of enactment of the Infrastructure Investment and Jobs 
            Act, the Secretary shall publish on a public website the 
            amount that each State is eligible to receive under the 
            formula under this subparagraph.
            ``(B) Application.--To be eligible to receive a formula 
        grant under this paragraph, a State shall submit to the 
        Secretary an application that includes--
                ``(i) a description of--

                    ``(I) the State program for orphaned well plugging, 
                remediation, and restoration, including legal 
                authorities, processes used to identify and prioritize 
                orphaned wells, procurement mechanisms, and other 
                program elements demonstrating the readiness of the 
                State to carry out proposed activities using the grant;
                    ``(II) the activities to be carried out with the 
                grant, including an identification of the estimated 
                health, safety, habitat, and environmental benefits of 
                plugging, remediating, or reclaiming orphaned wells; 
                and
                    ``(III) the means by which the information 
                regarding the activities of the State under this 
                paragraph will be made available on a public website;

                ``(ii) an estimate of--

                    ``(I) the number of orphaned wells in the State 
                that will be plugged, remediated, or reclaimed;
                    ``(II) the projected cost of--

                        ``(aa) plugging, remediating, or reclaiming 
                    orphaned wells;
                        ``(bb) remediating or reclaiming adjacent land; 
                    and
                        ``(cc) decommissioning or removing associated 
                    pipelines, facilities, and infrastructure;

                    ``(III) the amount of that projected cost that will 
                be offset by the forfeiture of financial assurance 
                instruments, the estimated salvage of well site 
                equipment, or other proceeds from the orphaned wells 
                and adjacent land;
                    ``(IV) the number of jobs that will be created or 
                saved through the activities to be funded under this 
                paragraph; and
                    ``(V) the amount of funds to be spent on 
                administrative costs;

                ``(iii) a certification that any financial assurance 
            instruments available to cover plugging, remediation, or 
            reclamation costs will be used by the State; and
                ``(iv) the definitions and processes used by the State 
            to formally identify a well as--

                    ``(I) an orphaned well; or
                    ``(II) if the State uses different terminology, 
                otherwise eligible for plugging, remediation, and 
                reclamation by the State.

            ``(C) Distribution.--Subject to the availability of 
        appropriations, the Secretary shall distribute funds to a State 
        under this paragraph by not later than the date that is 60 days 
        after the date on which the State submits to the Secretary a 
        completed application under subparagraph (B).
            ``(D) Deadline for expenditure.--A State that receives 
        funds under this paragraph shall reimburse the Secretary in an 
        amount equal to the amount of the funds that remain unobligated 
        on the date that is 5 years after the date of receipt of the 
        funds.
            ``(E) Consultation.--In making a determination under this 
        paragraph regarding the eligibility of a State to receive a 
        formula grant, the Secretary shall consult with--
                ``(i) the Administrator of the Environmental Protection 
            Agency;
                ``(ii) the Secretary of Energy; and
                ``(iii) the Interstate Oil and Gas Compact Commission.
        ``(5) Performance grants.--
            ``(A) Establishment.--The Secretary shall provide to 
        States, in accordance with this paragraph--
                ``(i) regulatory improvement grants under subparagraph 
            (E); and
                ``(ii) matching grants under subparagraph (F).
            ``(B) Application.--To be eligible to receive a grant under 
        this paragraph, a State shall submit to the Secretary an 
        application including--
                ``(i) each element described in an application for a 
            grant under paragraph (4)(B);
                ``(ii) activities carried out by the State to address 
            orphaned wells located in the State, including--

                    ``(I) increasing State spending on well plugging, 
                remediation, and reclamation; or
                    ``(II) improving regulation of oil and gas wells; 
                and

                ``(iii) the means by which the State will use funds 
            provided under this paragraph--

                    ``(I) to lower unemployment in the State; and
                    ``(II) to improve economic conditions in 
                economically distressed areas of the State.

            ``(C) Distribution.--Subject to the availability of 
        appropriations, the Secretary shall distribute funds to a State 
        under this paragraph by not later than the date that is 60 days 
        after the date on which the State submits to the Secretary a 
        completed application under subparagraph (B).
            ``(D) Consultation.--In making a determination under this 
        paragraph regarding the eligibility of a State to receive a 
        grant under subparagraph (E) or (F), the Secretary shall 
        consult with--
                ``(i) the Administrator of the Environmental Protection 
            Agency;
                ``(ii) the Secretary of Energy; and
                ``(iii) the Interstate Oil and Gas Compact Commission.
            ``(E) Regulatory improvement grants.--
                ``(i) In general.--Beginning on the date that is 180 
            days after the date on which an initial grant is provided 
            to a State under paragraph (3), the Secretary shall, 
            subject to the availability of appropriations, provide to 
            the State a regulatory improvement grant under this 
            subparagraph, if the State meets, during the 10-year period 
            ending on the date on which the State submits to the 
            Secretary an application under subparagraph (B), 1 of the 
            following criteria:

                    ``(I) The State has strengthened plugging standards 
                and procedures designed to ensure that wells located in 
                the State are plugged in an effective manner that 
                protects groundwater and other natural resources, 
                public health and safety, and the environment.
                    ``(II) The State has made improvements to State 
                programs designed to reduce future orphaned well 
                burdens, such as financial assurance reform, 
                alternative funding mechanisms for orphaned well 
                programs, and reforms to programs relating to well 
                transfer or temporary abandonment.

                ``(ii) Limitations.--

                    ``(I) Number.--The Secretary may issue to a State 
                under this subparagraph not more than 1 grant for each 
                criterion described in subclause (I) or (II) of clause 
                (i).
                    ``(II) Maximum amount.--The amount of a single 
                grant provided to a State under this subparagraph shall 
                be not more than $20,000,000.

                ``(iii) Reimbursement for failure to maintain 
            protections.--A State that receives a grant under this 
            subparagraph shall reimburse the Secretary in an amount 
            equal to the amount of the grant in any case in which, 
            during the 10-year period beginning on the date of receipt 
            of the grant, the State enacts a law or regulation that, if 
            in effect on the date of submission of the application 
            under subparagraph (B), would have prevented the State from 
            being eligible to receive the grant under clause (i).
            ``(F) Matching grants.--
                ``(i) In general.--Beginning on the date that is 180 
            days after the date on which an initial grant is provided 
            to a State under paragraph (3), the Secretary shall, 
            subject to the availability of appropriations, provide to 
            the State funding, in an amount equal to the difference 
            between--

                    ``(I) the average annual amount expended by the 
                State during the period of fiscal years 2010 through 
                2019--

                        ``(aa) to plug, remediate, and reclaim orphaned 
                    wells; and
                        ``(bb) to decommission or remove associated 
                    pipelines, facilities, or infrastructure; and

                    ``(II) the amount that the State certifies to the 
                Secretary the State will expend, during the fiscal year 
                in which the State will receive the grant under this 
                subparagraph--

                        ``(aa) to plug, remediate, and reclaim orphaned 
                    wells;
                        ``(bb) to remediate or reclaim adjacent land; 
                    and
                        ``(cc) to decommission or remove associated 
                    pipelines, facilities, and infrastructure.
                ``(ii) Limitations.--

                    ``(I) Fiscal year.--The Secretary may issue to a 
                State under this subparagraph not more than 1 grant for 
                each fiscal year.
                    ``(II) Total funds provided.--The Secretary may 
                provide to a State under this subparagraph a total 
                amount equal to not more than $30,000,000 during the 
                period of fiscal years 2022 through 2031.

    ``(d) Tribal Orphaned Well Site Plugging, Remediation, and 
Restoration.--
        ``(1) Establishment.--The Secretary shall establish a program 
    under which the Secretary shall--
            ``(A) provide to Indian Tribes grants in accordance with 
        this subsection; or
            ``(B) on request of an Indian Tribe and in lieu of a grant 
        under subparagraph (A), administer and carry out plugging, 
        remediation, and reclamation activities in accordance with 
        paragraph (7).
        ``(2) Eligible activities.--
            ``(A) In general.--An Indian Tribe may use a grant received 
        under this subsection--
                ``(i) to plug, remediate, or reclaim an orphaned well 
            on Tribal land;
                ``(ii) to remediate soil and restore native species 
            habitat that has been degraded due to the presence of an 
            orphaned well or associated pipelines, facilities, or 
            infrastructure on Tribal land;
                ``(iii) to remediate Tribal land adjacent to orphaned 
            wells and decommission or remove associated pipelines, 
            facilities, and infrastructure;
                ``(iv) to provide an online public accounting of the 
            cost of plugging, remediation, and reclamation for each 
            orphaned well site on Tribal land;
                ``(v) to identify and characterize undocumented 
            orphaned wells on Tribal land; and
                ``(vi) to develop or administer a Tribal program to 
            carry out any activities described in clauses (i) through 
            (v).
            ``(B) Administrative cost limitation.--
                ``(i) In general.--Except as provided in clause (ii), 
            an Indian Tribe shall not use more than 10 percent of the 
            funds received under this subsection during a fiscal year 
            for administrative costs under subparagraph (A)(vi).
                ``(ii) Exception.--The limitation under clause (i) 
            shall not apply to any funds used to carry out an 
            administrative action necessary for the development of a 
            Tribal program described in subparagraph (A)(vi).
        ``(3) Factors for consideration.--In determining whether to 
    provide to an Indian Tribe a grant under this subsection, the 
    Secretary shall take into consideration--
            ``(A) the unemployment rate of the Indian Tribe on the date 
        on which the Indian Tribe submits an application under 
        paragraph (4); and
            ``(B) the estimated number of orphaned wells on the Tribal 
        land of the Indian Tribe.
        ``(4) Application.--To be eligible to receive a grant under 
    this subsection, an Indian Tribe shall submit to the Secretary an 
    application that includes--
            ``(A) a description of--
                ``(i) the Tribal program for orphaned well plugging, 
            remediation, and restoration, including legal authorities, 
            processes used to identify and prioritize orphaned wells, 
            procurement mechanisms, and other program elements 
            demonstrating the readiness of the Indian Tribe to carry 
            out the proposed activities, or plans to develop such a 
            program; and
                ``(ii) the activities to be carried out with the grant, 
            including an identification of the estimated health, 
            safety, habitat, and environmental benefits of plugging, 
            remediating, or reclaiming orphaned wells and remediating 
            or reclaiming adjacent land; and
            ``(B) an estimate of--
                ``(i) the number of orphaned wells that will be 
            plugged, remediated, or reclaimed; and
                ``(ii) the projected cost of--

                    ``(I) plugging, remediating, or reclaiming orphaned 
                wells;
                    ``(II) remediating or reclaiming adjacent land; and
                    ``(III) decommissioning or removing associated 
                pipelines, facilities, and infrastructure.

        ``(5) Distribution.--Subject to the availability of 
    appropriations, the Secretary shall distribute funds to an Indian 
    Tribe under this subsection by not later than the date that is 60 
    days after the date on which the Indian Tribe submits to the 
    Secretary a completed application under paragraph (4).
        ``(6) Deadline for expenditure.--An Indian Tribe that receives 
    funds under this subsection shall reimburse the Secretary in an 
    amount equal to the amount of the funds that remain unobligated on 
    the date that is 5 years after the date of receipt of the funds, 
    except for cases in which the Secretary has granted the Indian 
    Tribe an extended deadline for completion of the eligible 
    activities after consultation.
        ``(7) Delegation to secretary in lieu of a grant.--
            ``(A) In general.--In lieu of a grant under this 
        subsection, an Indian Tribe may submit to the Secretary a 
        request for the Secretary to administer and carry out plugging, 
        remediation, and reclamation activities relating to an orphaned 
        well on behalf of the Indian Tribe.
            ``(B) Administration.--Subject to the availability of 
        appropriations under subsection (h)(1)(E), on submission of a 
        request under subparagraph (A), the Secretary shall administer 
        or carry out plugging, remediation, and reclamation activities 
        for an orphaned well on Tribal land.
    ``(e) Technical Assistance.--The Secretary of Energy, in 
cooperation with the Secretary and the Interstate Oil and Gas Compact 
Commission, shall provide technical assistance to the Federal land 
management agencies and oil and gas producing States and Indian Tribes 
to support practical and economical remedies for environmental problems 
caused by orphaned wells on Federal land, Tribal land, and State and 
private land, including the sharing of best practices in the management 
of oil and gas well inventories to ensure the availability of funds to 
plug, remediate, and restore oil and gas well sites on cessation of 
operation.
    ``(f) Report to Congress.--Not later than 1 year after the date of 
enactment of the Infrastructure Investment and Jobs Act, and not less 
frequently than annually thereafter, the Secretary shall submit to the 
Committees on Appropriations and Energy and Natural Resources of the 
Senate and the Committees on Appropriations and Natural Resources of 
the House of Representatives a report describing the program 
established and grants awarded under this section, including--
        ``(1) an updated inventory of wells located on Federal land, 
    Tribal land, and State and private land that are--
            ``(A) orphaned wells; or
            ``(B) at risk of becoming orphaned wells;
        ``(2) an estimate of the quantities of--
            ``(A) methane and other gasses emitted from orphaned wells; 
        and
            ``(B) emissions reduced as a result of plugging, 
        remediating, and reclaiming orphaned wells;
        ``(3) the number of jobs created and saved through the 
    plugging, remediation, and reclamation of orphaned wells; and
        ``(4) the acreage of habitat restored using grants awarded to 
    plug, remediate, and reclaim orphaned wells and to remediate or 
    reclaim adjacent land, together with a description of the purposes 
    for which that land is likely to be used in the future.
    ``(g) Effect of Section.--
        ``(1) No expansion of liability.--Nothing in this section 
    establishes or expands the responsibility or liability of any 
    entity with respect to--
            ``(A) plugging any well; or
            ``(B) remediating or reclaiming any well site.
        ``(2) Tribal land.--Nothing in this section--
            ``(A) relieves the Secretary of any obligation under 
        section 3 of the Act of May 11, 1938 (25 U.S.C. 396c; 52 Stat. 
        348, chapter 198), to plug, remediate, or reclaim an orphaned 
        well located on Tribal land; or
            ``(B) absolves the United States from a responsibility to 
        plug, remediate, or reclaim an orphaned well located on Tribal 
        land or any other responsibility to an Indian Tribe, including 
        any responsibility that derives from--
                ``(i) the trust relationship between the United States 
            and Indian Tribes;
                ``(ii) any treaty, law, or Executive order; or
                ``(iii) any agreement between the United States and an 
            Indian Tribe.
        ``(3) Owner or operator not absolved.--Nothing in this section 
    absolves the owner or operator of an oil or gas well of any 
    potential liability for--
            ``(A) reimbursement of any plugging or reclamation costs 
        associated with the well; or
            ``(B) any adverse effect of the well on the environment.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2022, to remain available until September 
30, 2030:
        ``(1) to the Secretary--
            ``(A) $250,000,000 to carry out the program under 
        subsection (b);
            ``(B) $775,000,000 to provide grants under subsection 
        (c)(3);
            ``(C) $2,000,000,000 to provide grants under subsection 
        (c)(4);
            ``(D) $1,500,000,000 to provide grants under subsection 
        (c)(5); and
            ``(E) $150,000,000 to carry out the program under 
        subsection (d);
        ``(2) to the Secretary of Energy, $30,000,000 to conduct 
    research and development activities in cooperation with the 
    Interstate Oil and Gas Compact Commission to assist the Federal 
    land management agencies, States, and Indian Tribes in--
            ``(A) identifying and characterizing undocumented orphaned 
        wells; and
            ``(B) mitigating the environmental risks of undocumented 
        orphaned wells; and
        ``(3) to the Interstate Oil and Gas Compact Commission, 
    $2,000,000 to carry out this section.''.

               TITLE VII--ABANDONED MINE LAND RECLAMATION

SEC. 40701. ABANDONED MINE RECLAMATION FUND AUTHORIZATION OF 
APPROPRIATIONS.
    (a) In General.--There is authorized to be appropriated, for 
deposit into the Abandoned Mine Reclamation Fund established by section 
401(a) of the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1231(a)) $11,293,000,000 for fiscal year 2022, to remain 
available until expended.
    (b) Use of Funds.--
        (1) In general.--Subject to subsection (g), amounts made 
    available under subsection (a) shall be used to provide, as 
    expeditiously as practicable, to States and Indian Tribes described 
    in paragraph (2) annual grants for abandoned mine land and water 
    reclamation projects under the Surface Mining Control and 
    Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
        (2) Eligible grant recipients.--Grants may be made under 
    paragraph (1) to--
            (A) States and Indian Tribes that have a State or Tribal 
        program approved under section 405 of the Surface Mining 
        Control and Reclamation Act of 1977 (30 U.S.C. 1235);
            (B) States and Indian Tribes that are certified under 
        section 411(a) of that Act (30 U.S.C. 1240a(a)); and
            (C) States and Indian Tribes that are referred to in 
        section 402(g)(8)(B) of that Act (30 U.S.C. 1232(g)(8)(B)).
        (3) Contract aggregation.--In applying for grants under 
    paragraph (1), States and Indian Tribes may aggregate bids into 
    larger statewide or regional contracts.
    (c) Covered Activities.--Grants under subsection (b)(1) shall only 
be used for activities described in subsections (a) and (b) of section 
403 and section 410 of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1233, 1240).
    (d) Allocation.--
        (1) In general.--Subject to subsection (e), the Secretary of 
    the Interior shall allocate and distribute amounts made available 
    for grants under subsection (b)(1) to States and Indian Tribes on 
    an equal annual basis over a 15-year period beginning on the date 
    of enactment of this Act, based on the number of tons of coal 
    historically produced in the States or from the applicable Indian 
    land before August 3, 1977, regardless of whether the State or 
    Indian Tribe is certified under section 411(a) of the Surface 
    Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(a)).
        (2) Surface mining control and reclamation act exception.--
    Section 401(f)(3)(B) of the Surface Mining Control and Reclamation 
    Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not apply to grant 
    funds distributed under subsection (b)(1).
        (3) Report to congress on allocations.--
            (A) In general.--Not later than 6 years after the date on 
        which the first allocation to States and Indian Tribes is made 
        under paragraph (1), the Secretary of the Interior shall submit 
        to Congress a report that describes any progress made under 
        this section in addressing outstanding reclamation needs under 
        subsection (a) or (b) of section 403 or section 410 of the 
        Surface Mining Control and Reclamation and Act of 1977 (30 
        U.S.C. 1233, 1240).
            (B) Input.--The Secretary of the Interior shall--
                (i) prior to submitting the report under subparagraph 
            (A), solicit the input of the States and Indian Tribes 
            regarding the progress referred to in that subparagraph; 
            and
                (ii) include in the report submitted to Congress under 
            that subparagraph a description of any input received under 
            clause (i).
        (4) Redistribution of funds.--
            (A) Evaluation.--Not later than 20 years after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        evaluate grant payments to States and Indian Tribes made under 
        this section.
            (B) Unused funds.--On completion of the evaluation under 
        subparagraph (A), States and Indian Tribes shall return any 
        unused funds under this section to the Abandoned Mine 
        Reclamation Fund.
    (e) Total Amount of Grant.--The total amount of grant funding 
provided under subsection (b)(1) to an eligible State or Indian Tribe 
shall be not less than $20,000,000, to the extent that the amount 
needed for reclamation projects described in that subsection on the 
land of the State or Indian Tribe is not less than $20,000,000.
    (f) Priority.--In addition to the priorities described in section 
403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1233(a)), in providing grants under this section, priority may 
also be given to reclamation projects described in subsection (b)(1) 
that provide employment for current and former employees of the coal 
industry.
    (g) Reservation.--Of the funds made available under subsection (a), 
$25,000,000 shall be made available to the Secretary of the Interior to 
provide States and Indian Tribes with the financial and technical 
assistance necessary for the purpose of making amendments to the 
inventory maintained under section 403(c) of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1233(c)).
SEC. 40702. ABANDONED MINE RECLAMATION FEE.
    (a) Amount.--Section 402(a) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
        (1) by striking ``28 cents'' and inserting ``22.4 cents'';
        (2) by striking ``12 cents'' and inserting ``9.6 cents''; and
        (3) by striking ``8 cents'' and inserting ``6.4 cents''.
    (b) Duration.--Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
``September 30, 2021'' and inserting ``September 30, 2034''.
SEC. 40703. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION FUND.
    Section 401(f)(2) of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1231(f)(2)) is amended--
        (1) in subparagraph (A)--
            (A) in the subparagraph heading, by striking ``2022'' and 
        inserting ``2035''; and
            (B) in the matter preceding clause (i), by striking 
        ``2022'' and inserting ``2035''; and
        (2) in subparagraph (B)--
            (A) in the subparagraph heading, by striking ``2023'' and 
        inserting ``2036'';
            (B) by striking ``2023'' and inserting ``2036''; and
            (C) by striking ``2022'' and inserting ``2035''.
SEC. 40704. ABANDONED HARDROCK MINE RECLAMATION.
    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall establish a program to 
inventory, assess, decommission, reclaim, respond to hazardous 
substance releases on, and remediate abandoned hardrock mine land based 
on conditions including need, public health and safety, potential 
environmental harm, and other land use priorities.
    (b) Award of Grants.--Subject to the availability of funds, the 
Secretary shall provide grants on a competitive or formula basis to 
States and Indian Tribes that have jurisdiction over abandoned hardrock 
mine land to reclaim that land.
    (c) Eligibility.--Amounts made available under this section may 
only be used for Federal, State, Tribal, local, and private land that 
has been affected by past hardrock mining activities, and water 
resources that traverse or are contiguous to such land, including any 
of the following:
        (1) Land and water resources that were--
            (A) used for, or affected by, hardrock mining activities; 
        and
            (B) abandoned or left in an inadequate reclamation status 
        before the date of enactment of this Act.
        (2) Land for which the Secretary makes a determination that 
    there is no continuing reclamation responsibility of a claim 
    holder, liable party, operator, or other person that abandoned the 
    site prior to completion of required reclamation under Federal or 
    State law.
    (d) Eligible Activities.--
        (1) In general.--Amounts made available to carry out this 
    section shall be used to inventory, assess, decommission, reclaim, 
    respond to hazardous substance releases on, and remediate abandoned 
    hardrock mine land based on the priorities described in subsection 
    (a).
        (2) Exclusion.--Amounts made available to carry out this 
    section may not be used to fulfill obligations under the 
    Comprehensive Environmental Response, Compensation, and Liability 
    Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in a legal 
    settlement or imposed by a court, whether for payment of funds or 
    for work to be performed.
    (e) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated to 
    carry out this section $3,000,000,000, to remain available until 
    expended, of which--
            (A) 50 percent shall be for grants to States and Indian 
        Tribes under subsection (b) for eligible activities described 
        in subsection (d)(1); and
            (B) 50 percent shall be for available to the Secretary for 
        eligible activities described in subsection (d)(1) on Federal 
        land.
        (2) Transfer.--The Secretary may transfer amounts made 
    available to the Secretary under paragraph (1)(B) to the Secretary 
    of Agriculture for activities described in subsection (a) on 
    National Forest System land.

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

SEC. 40801. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.
    (a) Establishment.--Public Law 88-657 (16 U.S.C. 532 et seq.) 
(commonly known as the ``Forest Roads and Trails Act'') is amended by 
adding at the end the following:
``SEC. 8. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.
    ``(a) Establishment.--The Secretary shall establish the Forest 
Service Legacy Road and Trail Remediation Program (referred to in this 
section as the `Program').
    ``(b) Activities.--In carrying out the Program, the Secretary 
shall, taking into account foreseeable changes in weather and 
hydrology--
        ``(1) restore passages for fish and other aquatic species by--
            ``(A) improving, repairing, or replacing culverts and other 
        infrastructure; and
            ``(B) removing barriers, as the Secretary determines 
        appropriate, from the passages;
        ``(2) decommission unauthorized user-created roads and trails 
    that are not a National Forest System road or a National Forest 
    System trail, if the applicable unit of the National Forest System 
    has published--
            ``(A) a Motor Vehicle Use Map and the road is not 
        identified as a National Forest System road on that Motor 
        Vehicle Use Map; or
            ``(B) a map depicting the authorized trails in the 
        applicable unit of the National Forest System and the trail is 
        not identified as a National Forest System trail on that map;
        ``(3) prepare previously closed National Forest System roads 
    for long-term storage, in accordance with subsections (c)(1) and 
    (d), in a manner that--
            ``(A) prevents motor vehicle use, as appropriate to conform 
        to route designations;
            ``(B) prevents the roads from damaging adjacent resources, 
        including aquatic and wildlife resources;
            ``(C) reduces or eliminates the need for road maintenance; 
        and
            ``(D) preserves the roads for future use;
        ``(4) decommission previously closed National Forest System 
    roads and trails in accordance with subsections (c)(1) and (d);
        ``(5) relocate National Forest System roads and trails--
            ``(A) to increase resilience to extreme weather events, 
        flooding, and other natural disasters; and
            ``(B) to respond to changing resource conditions and public 
        input;
        ``(6) convert National Forest System roads to National Forest 
    System trails, while allowing for continued use for motorized and 
    nonmotorized recreation, to the extent the use is compatible with 
    the management status of the road or trail;
        ``(7) decommission temporary roads--
            ``(A) that were constructed before the date of enactment of 
        this section--
                ``(i) for emergency operations; or
                ``(ii) to facilitate a resource extraction project;
            ``(B) that were designated as a temporary road by the 
        Secretary; and
            ``(C)(i) in violation of section 10(b) of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1608(b)), on which vegetation cover has not been reestablished; 
        or
            ``(ii) that have not been fully decommissioned; and
        ``(8) carry out projects on National Forest System roads, 
    trails, and bridges to improve resilience to extreme weather 
    events, flooding, or other natural disasters.
    ``(c) Project Selection.--
        ``(1) Project eligibility.--
            ``(A) In general.--The Secretary may only fund under the 
        Program a project described in paragraph (3) or (4) of 
        subsection (b) if the Secretary previously and separately--
                ``(i) solicited public comment for changing the 
            management status of the applicable National Forest System 
            road or trail--

                    ``(I) to close the road or trail to access; and
                    ``(II) to minimize impacts to natural resources; 
                and

                ``(ii) has closed the road or trail to access as 
            described in clause (i)(I).
            ``(B) Requirement.--Each project carried out under the 
        Program shall be on a National Forest System road or trail, 
        except with respect to--
                ``(i) a project described in subsection (b)(2); or
                ``(ii) a project carried out on a watershed for which 
            the Secretary has entered into a cooperative agreement 
            under section 323 of the Department of the Interior and 
            Related Agencies Appropriations Act, 1999 (16 U.S.C. 
            1011a).
        ``(2) Annual selection of projects for funding.--The Secretary 
    shall--
            ``(A) establish a process for annually selecting projects 
        for funding under the Program, consistent with the requirements 
        of this section;
            ``(B) solicit and consider public input regionally in the 
        ranking of projects for funding under the Program;
            ``(C) give priority for funding under the Program to 
        projects that would--
                ``(i) protect or improve water quality in public 
            drinking water source areas;
                ``(ii) restore the habitat of a threatened, endangered, 
            or sensitive fish or wildlife species; or
                ``(iii) maintain future access to the adjacent area for 
            the public, contractors, permittees, or firefighters; and
            ``(D) publish on the website of the Forest Service--
                ``(i) the selection process established under 
            subparagraph (A); and
                ``(ii) a list that includes a description and the 
            proposed outcome of each project funded under the Program 
            in each fiscal year.
    ``(d) Implementation.--In implementing the Program, the Secretary 
shall ensure that--
        ``(1) the system of roads and trails on the applicable unit of 
    the National Forest System--
            ``(A) is adequate to meet any increasing demands for 
        timber, recreation, and other uses;
            ``(B) provides for intensive use, protection, development, 
        and management of the land under principles of multiple use and 
        sustained yield of products and services;
            ``(C) does not damage, degrade, or impair adjacent 
        resources, including aquatic and wildlife resources, to the 
        extent practicable;
            ``(D) reflects long-term funding expectations; and
            ``(E) is adequate for supporting emergency operations, such 
        as evacuation routes during wildfires, floods, and other 
        natural disasters; and
        ``(2) all projects funded under the Program are consistent with 
    any applicable forest plan or travel management plan.
    ``(e) Savings Clause.--A decision to fund a project under the 
Program shall not affect any determination made previously or to be 
made in the future by the Secretary with regard to road or trail 
closures.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Agriculture to carry out section 8 of 
Public Law 88-657 (commonly known as the ``Forest Roads and Trails 
Act'') $250,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40802. STUDY AND REPORT ON FEASIBILITY OF REVEGETATING RECLAIMED 
MINE SITES.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior, acting through the Director 
of the Office of Surface Mining Reclamation and Enforcement, shall 
conduct, and submit to Congress a report describing the results of, a 
study on the feasibility of revegetating reclaimed mined sites.
    (b) Inclusions.--The report submitted under subsection (a) shall 
include--
        (1) recommendations for how a program could be implemented 
    through the Office of Surface Mining Reclamation and Enforcement to 
    revegetate reclaimed mined sites;
        (2) identifications of reclaimed mine sites that would be 
    suitable for inclusion in such a program, including sites on land 
    that--
            (A) is subject to title IV of the Surface Mining Control 
        and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.); and
            (B) is not subject to that title;
        (3) a description of any barriers to implementation of such a 
    program, including whether the program would potentially interfere 
    with the authorities contained in, or the implementation of, the 
    Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 
    et seq.), including the Abandoned Mine Reclamation Fund created by 
    section 401 of that Act (30 U.S.C. 1231) and State reclamation 
    programs under section 405 of that Act (30 U.S.C. 1235); and
        (4) a description of the potential for job creation and 
    workforce needs if such a program was implemented.
SEC. 40803. WILDFIRE RISK REDUCTION.
    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior and the Secretary of 
Agriculture, acting through the Chief of the Forest Service, for the 
activities described in subsection (c), $3,369,200,000 for the period 
of fiscal years 2022 through 2026.
    (b) Treatment.--Of the Federal land or Indian forest land or 
rangeland that has been identified as having a very high wildfire 
hazard potential, the Secretary of the Interior and the Secretary of 
Agriculture, acting through the Chief of the Forest Service, shall, by 
not later than September 30, 2027, conduct restoration treatments and 
improve the Fire Regime Condition Class of 10,000,000 acres that are 
located in--
        (1) the wildland-urban interface; or
        (2) a public drinking water source area.
    (c) Activities.--Of the amounts made available under subsection (a) 
for the period of fiscal years 2022 through 2026--
        (1) $20,000,000 shall be made available for entering into an 
    agreement with the Administrator of the National Oceanic and 
    Atmospheric Administration to establish and operate a program that 
    makes use of the Geostationary Operational Environmental Satellite 
    Program to rapidly detect and report wildfire starts in all areas 
    in which the Secretary of the Interior or the Secretary of 
    Agriculture has financial responsibility for wildland fire 
    protection and prevention, of which--
            (A) $10,000,000 shall be made available to the Secretary of 
        the Interior; and
            (B) $10,000,000 shall be made available to the Secretary of 
        Agriculture;
        (2) $600,000,000 shall be made available for the salaries and 
    expenses of Federal wildland firefighters in accordance with 
    subsection (d), of which--
            (A) $120,000,000 shall be made available to the Secretary 
        of the Interior; and
            (B) $480,000,000 shall be made available to the Secretary 
        of Agriculture;
        (3) $10,000,000 shall be made available to the Secretary of the 
    Interior to acquire technology and infrastructure for each Type I 
    and Type II incident management team to maintain interoperability 
    with respect to the radio frequencies used by any responding 
    agency;
        (4) $30,000,000 shall be made available to the Secretary of 
    Agriculture to provide financial assistance to States, Indian 
    Tribes, and units of local government to establish and operate 
    Reverse-911 telecommunication systems;
        (5) $50,000,000 shall be made available to the Secretary of the 
    Interior to establish and implement a pilot program to provide to 
    local governments financial assistance for the acquisition of slip-
    on tanker units to establish fleets of vehicles that can be quickly 
    converted to be operated as fire engines;
        (6) $1,200,000 shall be made available to the Secretary of 
    Agriculture, in coordination with the Secretary of the Interior, to 
    develop and publish, not later than 180 days after the date of 
    enactment of this Act, and every 5 years thereafter, a map 
    depicting at-risk communities (as defined in section 101 of the 
    Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)), 
    including Tribal at-risk communities;
        (7) $100,000,000 shall be made available to the Secretary of 
    the Interior and the Secretary of Agriculture--
            (A) for--
                (i) preplanning fire response workshops that develop--

                    (I) potential operational delineations; and
                    (II) select potential control locations; and

                (ii) workforce training for staff, non-Federal 
            firefighters, and Native village fire crews for--

                    (I) wildland firefighting; and
                    (II) increasing the pace and scale of vegetation 
                treatments, including training on how to prepare and 
                implement large landscape treatments; and

            (B) of which--
                (i) $50,000,000 shall be made available to the 
            Secretary of the Interior; and
                (ii) $50,000,000 shall be made available to the 
            Secretary of Agriculture;
        (8) $20,000,000 shall be made available to the Secretary of 
    Agriculture to enter into an agreement with a Southwest Ecological 
    Restoration Institute established under the Southwest Forest Health 
    and Wildfire Prevention Act of 2004 (16 U.S.C. 6701 et seq.)--
            (A) to compile and display existing data, including 
        geographic data, for hazardous fuel reduction or wildfire 
        prevention treatments undertaken by the Secretary of the 
        Interior or the Secretary of Agriculture, including treatments 
        undertaken with funding provided under this title;
            (B) to compile and display existing data, including 
        geographic data, for large wildfires, as defined by the 
        National Wildfire Coordinating Group, that occur in the United 
        States;
            (C) to facilitate coordination and use of existing and 
        future interagency fuel treatment data, including geographic 
        data, for the purposes of--
                (i) assessing and planning cross-boundary fuel 
            treatments; and
                (ii) monitoring the effects of treatments on wildfire 
            outcomes and ecosystem restoration services, using the data 
            compiled under subparagraphs (A) and (B);
            (D) to publish a report every 5 years showing the extent to 
        which treatments described in subparagraph (A) and previous 
        wildfires affect the boundaries of wildfires, categorized by--
                (i) Federal land management agency;
                (ii) region of the United States; and
                (iii) treatment type; and
            (E) to carry out other related activities of a Southwest 
        Ecological Restoration Institute, as authorized by the 
        Southwest Forest Health and Wildfire Prevention Act of 2004 (16 
        U.S.C. 6701 et seq.);
        (9) $20,000,000 shall be available for activities conducted 
    under the Joint Fire Science Program, of which--
            (A) $10,000,000 shall be made available to the Secretary of 
        the Interior; and
            (B) $10,000,000 shall be made available to the Secretary of 
        Agriculture;
        (10) $100,000,000 shall be made available to the Secretary of 
    Agriculture for collaboration and collaboration-based activities, 
    including facilitation, certification of collaboratives, and 
    planning and implementing projects under the Collaborative Forest 
    Landscape Restoration Program established under section 4003 of the 
    Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) in 
    accordance with subsection (e);
        (11) $500,000,000 shall be made available to the Secretary of 
    the Interior and the Secretary of Agriculture--
            (A) for--
                (i) conducting mechanical thinning and timber 
            harvesting in an ecologically appropriate manner that 
            maximizes the retention of large trees, as appropriate for 
            the forest type, to the extent that the trees promote fire-
            resilient stands; or
                (ii) precommercial thinning in young growth stands for 
            wildlife habitat benefits to provide subsistence resources; 
            and
            (B) of which--
                (i) $100,000,000 shall be made available to the 
            Secretary of the Interior; and
                (ii) $400,000,000 shall be made available to the 
            Secretary of Agriculture;
        (12) $500,000,000 shall be made available to the Secretary of 
    Agriculture, in cooperation with States, to award community 
    wildfire defense grants to at-risk communities in accordance with 
    subsection (f);
        (13) $500,000,000 shall be made available for planning and 
    conducting prescribed fires and related activities, of which--
            (A) $250,000,000 shall be made available to the Secretary 
        of the Interior; and
            (B) $250,000,000 shall be made available to the Secretary 
        of Agriculture;
        (14) $500,000,000 shall be made available for developing or 
    improving potential control locations, in accordance with paragraph 
    (7)(A)(i)(II), including installing fuelbreaks (including 
    fuelbreaks studied under subsection (i)), with a focus on shaded 
    fuelbreaks when ecologically appropriate, of which--
            (A) $250,000,000 shall be made available to the Secretary 
        of the Interior; and
            (B) $250,000,000 shall be made available to the Secretary 
        of Agriculture;
        (15) $200,000,000 shall be made available for contracting or 
    employing crews of laborers to modify and remove flammable 
    vegetation on Federal land and for using materials from treatments, 
    to the extent practicable, to produce biochar and other innovative 
    wood products, including through the use of existing locally based 
    organizations that engage young adults, Native youth, and veterans 
    in service projects, such as youth and conservation corps, of 
    which--
            (A) $100,000,000 shall be made available to the Secretary 
        of the Interior; and
            (B) $100,000,000 shall be made available to the Secretary 
        of Agriculture;
        (16) $200,000,000 shall be made available for post-fire 
    restoration activities that are implemented not later than 3 years 
    after the date that a wildland fire is contained, of which--
            (A) $100,000,000 shall be made available to the Secretary 
        of the Interior; and
            (B) $100,000,000 shall be made available to the Secretary 
        of Agriculture;
        (17) $8,000,000 shall be made available to the Secretary of 
    Agriculture--
            (A) to provide feedstock to firewood banks; and
            (B) to provide financial assistance for the operation of 
        firewood banks; and
        (18) $10,000,000 shall be available to the Secretary of the 
    Interior and the Secretary of Agriculture for the procurement and 
    placement of wildfire detection and real-time monitoring equipment, 
    such as sensors, cameras, and other relevant equipment, in areas at 
    risk of wildfire or post-burned areas.
    (d) Wildland Firefighters.--
        (1) In general.--Subject to the availability of appropriations, 
    not later than 180 days after the date of enactment of this Act, 
    the Secretary of the Interior and the Secretary of Agriculture 
    shall, using the amounts made available under subsection (c)(2), 
    coordinate with the Director of the Office of Personnel Management 
    to develop a distinct ``wildland firefighter'' occupational series.
        (2) Hazardous duty differential not affected.--Section 
    5545(d)(1) of title 5, United States Code, is amended by striking 
    ``except'' and all that follows through ``and'' at the end and 
    inserting the following: ``except--
            ``(A) an employee in an occupational series covering 
        positions for which the primary duties involve the prevention, 
        control, suppression, or management of wildland fires, as 
        determined by the Office; and
            ``(B) in such other circumstances as the Office may by 
        regulation prescribe; and''.
        (3) Current employees.--Any individual employed as a wildland 
    firefighter on the date on which the occupational series 
    established under paragraph (1) takes effect may elect--
            (A) to remain in the occupational series in which the 
        individual is employed; or
            (B) to be included in the ``wildland firefighter'' 
        occupational series established under that paragraph.
        (4) Permanent employees; increase in salary.--Using the amounts 
    made available under subsection (c)(2), beginning October 1, 2021, 
    the Secretary of the Interior and the Secretary of Agriculture 
    shall--
            (A) seek to convert not fewer than 1,000 seasonal wildland 
        firefighters to wildland firefighters that--
                (i) are full-time, permanent, year-round Federal 
            employees; and
                (ii) reduce hazardous fuels on Federal land not fewer 
            than 800 hours per year; and
            (B) increase the base salary of a Federal wildland 
        firefighter by the lesser of an amount that is commensurate 
        with an increase of $20,000 per year or an amount equal to 50 
        percent of the base salary, if the Secretary concerned, in 
        coordination with the Director of the Office of Personnel 
        Management, makes a written determination that the position of 
        the Federal wildland firefighter is located within a specified 
        geographic area in which it is difficult to recruit or retain a 
        Federal wildland firefighter.
        (5) National wildfire coordinating group.--Using the amounts 
    made available under subsection (c)(2), not later than October 1, 
    2022, the Secretary of the Interior and the Secretary of 
    Agriculture shall--
            (A) develop and adhere to recommendations for mitigation 
        strategies for wildland firefighters to minimize exposure due 
        to line-of-duty environmental hazards; and
            (B) establish programs for permanent, temporary, seasonal, 
        and year-round wildland firefighters to recognize and address 
        mental health needs, including post-traumatic stress disorder 
        care.
    (e) Collaborative Forest Landscape Restoration Program.--Subject to 
the availability of appropriations, not later than 180 days after the 
date of enactment of this Act, the Secretary of Agriculture shall, 
using the amounts made available under subsection (c)(10)--
        (1) solicit new project proposals under the Collaborative 
    Forest Landscape Restoration Program established under section 4003 
    of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) 
    (referred to in this subsection as the ``Program'');
        (2) provide up to 5 years of additional funding of any proposal 
    originally selected for funding under the Program prior to 
    September 30, 2018--
            (A) that has been approved for an extension of funding by 
        the Secretary of Agriculture prior to the date of enactment of 
        this Act; or
            (B) that has been recommended for an extension of funding 
        by the advisory panel established under section 4003(e) of the 
        Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(e)) 
        prior to the date of enactment of this Act that the Secretary 
        of Agriculture subsequently approves; and
        (3) select project proposals for funding under the Program in a 
    manner that--
            (A) gives priority to a project proposal that will treat 
        acres that--
                (i) have been identified as having very high wildfire 
            hazard potential; and
                (ii) are located in--

                    (I) the wildland-urban interface; or
                    (II) a public drinking water source area;

            (B) takes into consideration--
                (i) the cost per acre of Federal land or Indian forest 
            land or rangeland acres described in subparagraph (A) to be 
            treated; and
                (ii) the number of acres described in subparagraph (A) 
            to be treated;
            (C) gives priority to a project proposal that is proposed 
        by a collaborative that has successfully accomplished 
        treatments consistent with a written plan that included a 
        proposed schedule of completing those treatments, which is not 
        limited to an earlier proposal funded under the Program; and
            (D) discontinues funding for a project that fails to 
        achieve the results included in a project proposal submitted 
        under paragraph (1) for more than 2 consecutive years.
    (f) Community Wildfire Defense Grant Program.--
        (1) Establishment.--Subject to the availability of 
    appropriations, not later than 180 days after the date of enactment 
    of this Act, the Secretary of Agriculture shall, using amounts made 
    available under subsection (c)(12), establish a program, which 
    shall be separate from the program established under section 203 of 
    the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
    (42 U.S.C. 5133), under which the Secretary of Agriculture, in 
    cooperation with the States, shall award grants to at-risk 
    communities, including Indian Tribes--
            (A) to develop or revise a community wildfire protection 
        plan; and
            (B) to carry out projects described in a community wildfire 
        protection plan that is not more than 10 years old.
        (2) Priority.--In awarding grants under the program described 
    in paragraph (1), the Secretary of Agriculture shall give priority 
    to an at-risk community that is--
            (A) in an area identified by the Secretary of Agriculture 
        as having high or very high wildfire hazard potential;
            (B) a low-income community; or
            (C) a community impacted by a severe disaster.
        (3) Community wildfire defense grants.--
            (A) Grant amounts.--A grant--
                (i) awarded under paragraph (1)(A) shall be for not 
            more than $250,000; and
                (ii) awarded under paragraph (1)(B) shall be for not 
            more than $10,000,000.
            (B) Cost sharing requirement.--
                (i) In general.--Except as provided in clause (ii), the 
            non-Federal cost (including the administrative cost) of 
            carrying out a project using funds from a grant awarded 
            under the program described in paragraph (1) shall be--

                    (I) not less than 10 percent for a grant awarded 
                under paragraph (1)(A); and
                    (II) not less than 25 percent for a grant awarded 
                under paragraph (1)(B).

                (ii) Waiver.--The Secretary of Agriculture may waive 
            the cost-sharing requirement under clause (i) for a project 
            that serves an underserved community.
            (C) Eligibility.--The Secretary of Agriculture shall not 
        award a grant under paragraph (1) to an at-risk community that 
        is located in a county or community that--
                (i) is located in the continental United States; and
                (ii) has not adopted an ordinance or regulation that 
            requires the construction of new roofs on buildings to 
            adhere to standards that are similar to, or more stringent 
            than--

                    (I) the roof construction standards established by 
                the National Fire Protection Association; or
                    (II) an applicable model building code established 
                by the International Code Council.

    (g) Priorities.--In carrying out projects using amounts made 
available under this section, the Secretary of the Interior or the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, as applicable, shall prioritize funding for projects--
        (1) for which any applicable processes under the National 
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been 
    completed on the date of enactment of this Act;
        (2) that reduce the likelihood of experiencing 
    uncharacteristically severe effects from a potential wildfire by 
    focusing on areas strategically important for reducing the risks 
    associated with wildfires;
        (3) that maximize the retention of large trees, as appropriate 
    for the forest type, to the extent that the trees promote fire-
    resilient stands;
        (4) that do not include the establishment of permanent roads;
        (5) for which funding would be committed to decommission all 
    temporary roads constructed to carry out the project; and
        (6) that fully maintain or contribute toward the restoration of 
    the structure and composition of old growth stands consistent with 
    the characteristics of that forest type, taking into account the 
    contribution of the old growth stand to landscape fire adaption and 
    watershed health, unless the old growth stand is part of a science-
    based ecological restoration project authorized by the Secretary 
    concerned that meets applicable protection and old growth 
    enhancement objectives, as determined by the Secretary concerned.
    (h) Reports.-- The Secretary of the Interior and the Secretary of 
Agriculture, acting through the Chief of the Forest Service, shall 
complete and submit to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Natural Resources of the House of 
Representatives an annual report describing the number of acres of land 
on which projects carried out using funds made available under this 
section improved the Fire Regime Condition Class of the land described 
in subsection (b).
    (i) Wildfire Prevention Study.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary of Agriculture shall initiate 
    a study of the construction and maintenance of a system of 
    strategically placed fuelbreaks to control wildfires in western 
    States.
        (2) Review.--The study under paragraph (1) shall review--
            (A) a full suite of manual, chemical, and mechanical 
        treatments; and
            (B) the effectiveness of the system described in that 
        paragraph in reducing wildfire risk and protecting communities.
        (3) Determination.--Not later than 90 days after the date of 
    completion of the study under paragraph (1), the Secretary of 
    Agriculture shall determine whether to initiate the preparation of 
    a programmatic environmental impact statement implementing the 
    system described in that paragraph in appropriate locations.
    (j) Monitoring, Maintenance, and Treatment Plan and Strategy.--
        (1) In general.--Not later than 120 days after the date of 
    enactment of this Act, the Secretary of Agriculture and the 
    Secretary of the Interior shall establish a 5-year monitoring, 
    maintenance, and treatment plan that--
            (A) describes activities under subsection (c) that the 
        Secretary of Agriculture and the Secretary of the Interior will 
        take to reduce the risk of wildfire by conducting restoration 
        treatments and improving the Fire Regime Condition Class of 
        10,000,000 acres of Federal land or Tribal Forest land or 
        rangeland that is identified as having very high wildfire 
        hazard potential, not including annual treatments otherwise 
        scheduled;
            (B) establishes a process for prioritizing treatments in 
        areas and communities at the highest risk of catastrophic 
        wildfires;
            (C) includes an innovative plan and process--
                (i) to leverage public-private partnerships and 
            resources, shared stewardship agreements, good neighbor 
            agreements, and similar contracting authorities;
                (ii) to prioritize projects for which any applicable 
            processes under the National Environmental Policy Act of 
            1969 (42 U.S.C. 4321 et seq.) have been completed as of the 
            date of enactment of this Act;
                (iii) to streamline subsequent projects based on 
            existing statutory or regulatory authorities; and
                (iv) to develop interagency teams to increase 
            coordination and efficiency under the National 
            Environmental Policy Act of 1969 (42 U.S.C. 4321); and
            (D) establishes a process for coordinating prioritization 
        and treatment with State and local entities and affected 
        stakeholders.
        (2) Strategy.--Not later than 5 years after the date of 
    enactment of this Act, the Secretary of Agriculture and the 
    Secretary of the Interior, in coordination with State and local 
    governments, shall publish a long-term, outcome-based monitoring, 
    maintenance, and treatment strategy--
            (A) to maintain forest health improvements and wildfire 
        risk reduction accomplished under this section;
            (B) to continue treatment at levels necessary to address 
        the 20,000,000 acres needing priority treatment over the 10-
        year period beginning on the date of publication of the 
        strategy; and
            (C) to proactively conduct treatment at a level necessary 
        to minimize the risk of wildfire to surrounding at-risk 
        communities.
    (k) Authorized Hazardous Fuels Projects.--A project carried out 
using funding authorized under paragraphs (11)(A)(i), (13), or (14) of 
subsection (c) shall be considered an authorized hazardous fuel 
reduction project pursuant to section 102 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6512).
SEC. 40804. ECOSYSTEM RESTORATION.
    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior and the Secretary of 
Agriculture, acting through the Chief of the Forest Service, for the 
activities described in subsection (b), $2,130,000,000 for the period 
of fiscal years 2022 through 2026.
    (b) Activities.--Of the amounts made available under subsection (a) 
for the period of fiscal years 2022 through 2026--
        (1) $300,000,000 shall be made available, in accordance with 
    subsection (c), to the Secretary of the Interior and the Secretary 
    of Agriculture--
            (A) for--
                (i) entering into contracts, including stewardship 
            contracts or agreements, the purpose of each of which shall 
            be to restore ecological health on not fewer than 10,000 
            acres of Federal land, including Indian forest land or 
            rangeland, and for salaries and expenses associated with 
            preparing and executing those contracts; and
                (ii) establishing a Working Capital Fund that may be 
            accessed by the Secretary of the Interior or the Secretary 
            of Agriculture to fund requirements of contracts described 
            in clause (i), including cancellation and termination 
            costs, consistent with section 604(h) of the Healthy 
            Forests Restoration Act of 2003 (16 U.S.C. 6591c(h)), and 
            periodic payments over the span of the contract period; and
            (B) of which--
                (i) $50,000,000 shall be made available to the 
            Secretary of the Interior to enter into contracts described 
            in subparagraph (A)(i);
                (ii) $150,000,000 shall be made available to the 
            Secretary of Agriculture to enter into contracts described 
            in subparagraph (A)(i); and
                (iii) $100,000,000 shall be made available until 
            expended to the Secretary of the Interior, notwithstanding 
            any other provision of this Act, to establish the Working 
            Capital Fund described in subparagraph (A)(ii);
        (2) $200,000,000 shall be made available to provide to States 
    and Indian Tribes for implementing restoration projects on Federal 
    land pursuant to good neighbor agreements entered into under 
    section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) or 
    agreements entered into under section 2(b) of the Tribal Forest 
    Protection Act of 2004 (25 U.S.C. 3115a(b)), of which--
            (A) $40,000,000 shall be made available to the Secretary of 
        the Interior; and
            (B) $160,000,000 shall be made available to the Secretary 
        of Agriculture;
        (3) $400,000,000 shall be made available to the Secretary of 
    Agriculture to provide financial assistance to facilities that 
    purchase and process byproducts from ecosystem restoration projects 
    in accordance with subsection (d);
        (4) $400,000,000 shall be made available to the Secretary of 
    the Interior to provide grants to States, territories of the United 
    States, and Indian Tribes for implementing voluntary ecosystem 
    restoration projects on private or public land, in consultation 
    with the Secretary of Agriculture, that--
            (A) prioritizes funding cross-boundary projects; and
            (B) requires matching funding from the State, territory of 
        the United States, or Indian Tribe to be eligible to receive 
        the funding;
        (5) $50,000,000 shall be made available to the Secretary of 
    Agriculture to award grants to States and Indian Tribes to 
    establish rental programs for portable skidder bridges, bridge 
    mats, or other temporary water crossing structures, to minimize 
    stream bed disturbance on non-Federal land and Federal land;
        (6) $200,000,000 shall be made available for invasive species 
    detection, prevention, and eradication, including conducting 
    research and providing resources to facilitate detection of 
    invasive species at points of entry and awarding grants for 
    eradication of invasive species on non-Federal land and on Federal 
    land, of which--
            (A) $100,000,000 shall be made available to the Secretary 
        of the Interior; and
            (B) $100,000,000 shall be made available to the Secretary 
        of Agriculture;
        (7) $100,000,000 shall be made available to restore, prepare, 
    or adapt recreation sites on Federal land, including Indian forest 
    land or rangeland, in accordance with subsection (e);
        (8) $200,000,000 shall be made available to restore native 
    vegetation and mitigate environmental hazards on mined land on 
    Federal and non-Federal land, of which--
            (A) $100,000,000 shall be made available to the Secretary 
        of the Interior; and
            (B) $100,000,000 shall be made available to the Secretary 
        of Agriculture;
        (9) $200,000,000 shall be made available to establish and 
    implement a national revegetation effort on Federal and non-Federal 
    land, including to implement the National Seed Strategy for 
    Rehabilitation and Restoration, of which--
            (A) $70,000,000 shall be made available to the Secretary of 
        the Interior; and
            (B) $130,000,000 shall be made available to the Secretary 
        of Agriculture; and
        (10) $80,000,000 shall be made available to the Secretary of 
    Agriculture, in coordination with the Secretary of the Interior, to 
    establish a collaborative-based, landscape-scale restoration 
    program to restore water quality or fish passage on Federal land, 
    including Indian forest land or rangeland, in accordance with 
    subsection (f).
    (c) Ecological Health Restoration Contracts.--
        (1) Submission of list of projects to congress.--Until the date 
    on which all of the amounts made available to carry out subsection 
    (b)(1)(A)(i) are expended, not later than 90 days before the end of 
    each fiscal year, the Secretary of the Interior and the Secretary 
    of Agriculture shall submit to the Committee on Energy and Natural 
    Resources and the Committee on Appropriations of the Senate and the 
    Committee on Natural Resources and the Committee on Appropriations 
    of the House of Representatives a list of projects to be funded 
    under that subsection in the subsequent fiscal year, including--
            (A) a detailed description of each project; and
            (B) an estimate of the cost, including salaries and 
        expenses, for the project.
        (2) Alternate allocation.--Appropriations Acts may provide for 
    alternate allocation of amounts made available under subsection 
    (b)(1), consistent with the allocations under subparagraph (B) of 
    that subsection.
        (3) Lack of alternate allocations.--If Congress has not enacted 
    legislation establishing alternate allocations described in 
    paragraph (2) by the date on which the Act making full-year 
    appropriations for the Department of the Interior, Environment, and 
    Related Agencies for the applicable fiscal year is enacted into 
    law, amounts made available under subsection (b)(1)(B) shall be 
    allocated by the President.
    (d) Wood Products Infrastructure.--The Secretary of Agriculture, in 
coordination with the Secretary of the Interior, shall--
        (1) develop a ranking system that categorizes units of Federal 
    land, including Indian forest land or rangeland, with regard to 
    treating areas at risk of unnaturally severe wildfire or insect or 
    disease infestation, as being--
            (A) very low priority for ecological restoration involving 
        vegetation removal;
            (B) low priority for ecological restoration involving 
        vegetation removal;
            (C) medium priority for ecological restoration involving 
        vegetation removal;
            (D) high priority for ecological restoration involving 
        vegetation removal; or
            (E) very high priority for ecological restoration involving 
        vegetation removal;
        (2) determine, for a unit identified under paragraph (1) as 
    being high or very high priority for ecological restoration 
    involving vegetation removal, if--
            (A) a sawmill or other wood-processing facility exists in 
        close proximity to, or a forest worker is seeking to conduct 
        restoration treatment work on or in close proximity to, the 
        unit; and
            (B) the presence of a sawmill or other wood-processing 
        facility would substantially decrease or does substantially 
        decrease the cost of conducting ecological restoration projects 
        involving vegetation removal;
        (3) in accordance with any conditions the Secretary of 
    Agriculture determines to be necessary, using the amounts made 
    available under subsection (b)(3), provide financial assistance, 
    including a low-interest loan or a loan guarantee, to an entity 
    seeking to establish, reopen, retrofit, expand, or improve a 
    sawmill or other wood-processing facility in close proximity to a 
    unit of Federal land that has been identified under paragraph (1) 
    as high or very high priority for ecological restoration, if the 
    presence of a sawmill or other wood-processing facility would 
    substantially decrease or does substantially decrease the cost of 
    conducting ecological restoration projects involving vegetation 
    removal on the unit of Federal land, including Indian forest land 
    or rangeland, as determined under paragraph (2)(B); and
        (4) to the extent practicable, when allocating funding to units 
    of Federal land for ecological restoration projects involving 
    vegetation removal, give priority to a unit of Federal land that--
            (A) has been identified under paragraph (1) as being high 
        or very high priority for ecological restoration involving 
        vegetation removal; and
            (B) has a sawmill or other wood-processing facility--
                (i) that, as determined under paragraph (2)--

                    (I) exists in close proximity to the unit; and
                    (II) does substantially decrease the cost of 
                conducting ecological restoration projects involving 
                vegetation removal on the unit; or

                (ii) that has received financial assistance under 
            paragraph (3).
    (e) Recreation Sites.--
        (1) Site restoration and improvements.--Of the amounts made 
    available under subsection (b)(7), $45,000,000 shall be made 
    available to the Secretary of the Interior and $35,000,000 shall be 
    made available the Secretary of Agriculture to restore, prepare, or 
    adapt recreation sites on Federal land, including Indian forest 
    land or rangeland, that have experienced or may likely experience 
    visitation and use beyond the carrying capacity of the sites.
        (2) Public use recreation cabins.--
            (A) In general.--Of the amounts made available under 
        subsection (b)(7), $20,000,000 shall be made available to the 
        Secretary of Agriculture for--
                (i) the operation, repair, reconstruction, and 
            construction of public use recreation cabins on National 
            Forest System land; and
                (ii) to the extent necessary, the repair or 
            reconstruction of historic buildings that are to be 
            outleased under section 306121 of title 54, United States 
            Code.
            (B) Inclusion.--Of the amount described in subparagraph 
        (A), $5,000,000 shall be made available to the Secretary of 
        Agriculture for associated salaries and expenses in carrying 
        out that subparagraph.
            (C) Agreements.--The Secretary of Agriculture may enter 
        into a lease or cooperative agreement with a State, Indian 
        Tribe, local government, or private entity--
                (i) to carry out the activities described in 
            subparagraph (A); or
                (ii) to manage the renting of a cabin or building 
            described in subparagraph (A) to the public.
        (3) Exclusion.--A project shall not be eligible for funding 
    under this subsection if--
            (A) funding for the project would be used for deferred 
        maintenance, as defined by Federal Accounting Standards 
        Advisory Board; and
            (B) the Secretary of the Interior or the Secretary of 
        Agriculture has identified the project for funding from the 
        National Parks and Public Land Legacy Restoration Fund 
        established by section 200402(a) of title 54, United States 
        Code.
    (f) Collaborative-based, Aquatic-focused, Landscape-scale 
Restoration Program.--Subject to the availability of appropriations, 
not later than 180 days after the date of enactment of this Act, the 
Secretary of Agriculture shall, in coordination with the Secretary of 
the Interior and using the amounts made available under subsection 
(b)(10)--
        (1) solicit collaboratively developed proposals that--
            (A) are for 5-year projects to restore fish passage or 
        water quality on Federal land and non-Federal land to the 
        extent allowed under section 323(a) of the Department of the 
        Interior and Related Agencies Appropriations Act, 1999 (16 
        U.S.C. 1011a(a)), including Indian forest land or rangeland;
            (B) contain proposed accomplishments and proposed non-
        Federal funding; and
            (C) request not more than $5,000,000 in funding made 
        available under subsection (b)(10);
        (2) select project proposals for funding in a manner that--
            (A) gives priority to a project proposal that would result 
        in the most miles of streams being restored for the lowest 
        amount of Federal funding; and
            (B) discontinues funding for a project that fails to 
        achieve the results included in a proposal submitted under 
        paragraph (1) for more than 2 consecutive years; and
        (3) publish a list of--
            (A) all of the priority watersheds on National Forest 
        System land;
            (B) the condition of each priority watershed on the date of 
        enactment of this Act; and
            (C) the condition of each priority watershed on the date 
        that is 5 years after the date of enactment of this Act.
SEC. 40805. GAO STUDY.
    (a) Study.--Not later than 6 years after the date of enactment of 
this Act, the Comptroller General of the United States shall--
        (1) conduct a study on the implementation of this title and the 
    amendments made by this title, including whether this title and the 
    amendments made by this title have--
            (A) effectively reduced wildfire risk, including the extent 
        to which the wildfire hazard on Federal land has changed; and
            (B) restored ecosystems on Federal and non-Federal land; 
        and
        (2) submit to Congress a report that describes the results of 
    the study under paragraph (1).
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Comptroller General of the Unites States for the 
activities described in subsection (a) $800,000.
SEC. 40806. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND 
VEGETATION.
    (a) Definition of Secretary Concerned.--In this section, the term 
``Secretary concerned'' means--
        (1) the Secretary of Agriculture, with respect to National 
    Forest System land; and
        (2) the Secretary of the Interior, with respect to public lands 
    (as defined in section 103 of the Federal Land Policy and 
    Management Act of 1976 (43 U.S.C. 1702)) administered by the Bureau 
    of Land Management.
    (b) Categorical Exclusion Established.--Forest management 
activities described in subsection (c) are a category of actions 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if 
the categorical exclusion is documented through a supporting record and 
decision memorandum.
    (c) Forest Management Activities Designated for Categorical 
Exclusion.--
        (1) In general.--The category of forest management activities 
    designated under subsection (b) for a categorical exclusion are 
    forest management activities described in paragraph (2) that are 
    carried out by the Secretary concerned on public lands (as defined 
    in section 103 of the Federal Land Policy and Management Act of 
    1976 (43 U.S.C. 1702)) administered by the Bureau of Land 
    Management or National Forest System land the primary purpose of 
    which is to establish and maintain linear fuel breaks that are--
            (A) up to 1,000 feet in width contiguous with or 
        incorporating existing linear features, such as roads, water 
        infrastructure, transmission and distribution lines, and 
        pipelines of any length on Federal land; and
            (B) intended to reduce the risk of uncharacteristic 
        wildfire on Federal land or catastrophic wildfire for an 
        adjacent at-risk community.
        (2) Activities.--Subject to paragraph (3), the forest 
    management activities that may be carried out pursuant to the 
    categorical exclusion established under subsection (b) are--
            (A) mowing or masticating;
            (B) thinning by manual and mechanical cutting;
            (C) piling, yarding, and removal of slash or hazardous 
        fuels;
            (D) selling of vegetation products, including timber, 
        firewood, biomass, slash, and fenceposts;
            (E) targeted grazing;
            (F) application of--
                (i) pesticide;
                (ii) biopesticide; or
                (iii) herbicide;
            (G) seeding of native species;
            (H) controlled burns and broadcast burning; and
            (I) burning of piles, including jackpot piles.
        (3) Excluded activities.--A forest management activity 
    described in paragraph (2) may not be carried out pursuant to the 
    categorical exclusion established under subsection (b) if the 
    activity is conducted--
            (A) in a component of the National Wilderness Preservation 
        System;
            (B) on Federal land on which the removal of vegetation is 
        prohibited or restricted by Act of Congress, Presidential 
        proclamation (including the applicable implementation plan), or 
        regulation;
            (C) in a wilderness study area; or
            (D) in an area in which carrying out the activity would be 
        inconsistent with the applicable land management plan or 
        resource management plan.
        (4) Extraordinary circumstances.--The Secretary concerned shall 
    apply the extraordinary circumstances procedures under section 
    220.6 of title 36, Code of Federal Regulations (or a successor 
    regulation), in determining whether to use a categorical exclusion 
    under subsection (b).
    (d) Acreage and Location Limitations.--Treatments of vegetation in 
linear fuel breaks covered by the categorical exclusion established 
under subsection (b)--
        (1) may not contain treatment units in excess of 3,000 acres;
        (2) shall be located primarily in--
            (A) the wildland-urban interface or a public drinking water 
        source area;
            (B) if located outside the wildland-urban interface or a 
        public drinking water source area, an area within Condition 
        Class 2 or 3 in Fire Regime Group I, II, or III that contains 
        very high wildfire hazard potential; or
            (C) an insect or disease area designated by the Secretary 
        concerned as of the date of enactment of this Act; and
        (3) shall consider the best available scientific information.
    (e) Roads.--
        (1) Permanent roads.--A project under this section shall not 
    include the establishment of permanent roads.
        (2) Existing roads.--The Secretary concerned may carry out 
    necessary maintenance and repairs on existing permanent roads for 
    the purposes of this section.
        (3) Temporary roads.--The Secretary concerned shall 
    decommission any temporary road constructed under a project under 
    this section not later than 3 years after the date on which the 
    project is completed.
    (f) Public Collaboration.--To encourage meaningful public 
participation during the preparation of a project under this section, 
the Secretary concerned shall facilitate, during the preparation of 
each project--
        (1) collaboration among State and local governments and Indian 
    Tribes; and
        (2) participation of interested persons.
SEC. 40807. EMERGENCY ACTIONS.
    (a) Definitions.--In this section:
        (1) Authorized emergency action.--The term ``authorized 
    emergency action'' means an action carried out pursuant to an 
    emergency situation determination issued under this section to 
    mitigate the harm to life, property, or important natural or 
    cultural resources on National Forest System land or adjacent land.
        (2) Emergency situation.--The term ``emergency situation'' 
    means a situation on National Forest System land for which 
    immediate implementation of 1 or more authorized emergency actions 
    is necessary to achieve 1 or more of the following results:
            (A) Relief from hazards threatening human health and 
        safety.
            (B) Mitigation of threats to natural resources on National 
        Forest System land or adjacent land.
        (3) Emergency situation determination.--The term ``emergency 
    situation determination'' means a determination made by the 
    Secretary under subsection (b)(1)(A).
        (4) Land and resource management plan.--The term ``land and 
    resource management plan'' means a plan developed under section 6 
    of the Forest and Rangeland Renewable Resources Planning Act of 
    1974 (16 U.S.C. 1604).
        (5) National forest system land.--The term ``National Forest 
    System land'' means land of the National Forest System (as defined 
    in section 11(a) of the Forest and Rangeland Renewable Resources 
    Planning Act of 1974 (16 U.S.C. 1609(a))).
        (6) Secretary.--The term ``Secretary'' means the Secretary of 
    Agriculture.
    (b) Authorized Emergency Actions to Respond to Emergency 
Situations.--
        (1) Determination.--
            (A) In general.--The Secretary may make a determination 
        that an emergency situation exists with respect to National 
        Forest System land.
            (B) Review.--An emergency situation determination shall not 
        be subject to objection under the predecisional administrative 
        review processes under part 218 of title 36, Code of Federal 
        Regulations (or successor regulations).
            (C) Basis of determination.--An emergency situation 
        determination shall be based on an examination of the relevant 
        information.
        (2) Authorized emergency actions.--After making an emergency 
    situation determination with respect to National Forest System 
    land, the Secretary may carry out authorized emergency actions on 
    that National Forest System land in order to achieve reliefs from 
    hazards threatening human health and safety or mitigation of 
    threats to natural resources on National Forest System land or 
    adjacent land, including through--
            (A) the salvage of dead or dying trees;
            (B) the harvest of trees damaged by wind or ice;
            (C) the commercial and noncommercial sanitation harvest of 
        trees to control insects or disease, including trees already 
        infested with insects or disease;
            (D) the reforestation or replanting of fire-impacted areas 
        through planting, control of competing vegetation, or other 
        activities that enhance natural regeneration and restore forest 
        species;
            (E) the removal of hazardous trees in close proximity to 
        roads and trails;
            (F) the removal of hazardous fuels;
            (G) the restoration of water sources or infrastructure;
            (H) the reconstruction of existing utility lines; and
            (I) the replacement of underground cables.
        (3) Relation to land and resource management plans.--Any 
    authorized emergency action carried out under paragraph (2) on 
    National Forest System land shall be conducted consistent with the 
    applicable land and resource management plan.
    (c) Environmental Analysis.--
        (1) Environmental assessment or environmental impact 
    statement.--If the Secretary determines that an authorized 
    emergency action requires an environmental assessment or an 
    environmental impact statement pursuant to section 102(2) of the 
    National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), the 
    Secretary shall study, develop, and describe--
            (A) the proposed agency action, taking into account the 
        probable environmental consequences of the authorized emergency 
        action and mitigating foreseeable adverse environmental 
        effects, to the extent practicable; and
            (B) the alternative of no action.
        (2) Public notice.--The Secretary shall provide notice of each 
    authorized emergency action that the Secretary determines requires 
    an environmental assessment or environmental impact statement under 
    paragraph (1), in accordance with applicable regulations and 
    administrative guidelines.
        (3) Public comment.--The Secretary shall provide an opportunity 
    for public comment during the preparation of any environmental 
    assessment or environmental impact statement under paragraph (1).
        (4) Savings clause.--Nothing in this subsection prohibits the 
    Secretary from--
            (A) making an emergency situation determination, including 
        a determination that an emergency exists pursuant to section 
        218.21(a) of title 36, Code of Federal Regulations (or 
        successor regulations); or
            (B) taking an emergency action under section 220.4(b) of 
        title 36, Code of Federal Regulations (or successor 
        regulations).
    (d) Administrative Review of Authorized Emergency Actions.--An 
authorized emergency action carried out under this section shall not be 
subject to objection under the predecisional administrative review 
processes established under section 105 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6515) and section 428 of the 
Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112-74).
    (e) Judicial Review of Emergency Actions.--A court shall not enjoin 
an authorized emergency action under this section if the court 
determines that the plaintiff is unable to demonstrate that the claim 
of the plaintiff is likely to succeed on the merits.
    (f) Notification and Guidance.--The Secretary shall provide 
notification and guidance to each local field office of the Forest 
Service to ensure awareness of, compliance with, and appropriate use of 
the authorized emergency action authority under this section.
SEC. 40808. 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) 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.
    (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) public notice on the websites of the Forest Service and the 
    Natural Resources Conservation Service describing--
            (A) the solicitation of proposals under subsection (c); and
            (B) 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) 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 the Committee on 
    Appropriations of the House of Representatives a report describing 
    projects for which funding is provided under the Program, including 
    the status and outcomes of those projects.
    (h) Funding.--
        (1) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary to carry out the Program $90,000,000 
    for each of fiscal years 2022 and 2023.
        (2) Additional funds.--In addition to the funds described in 
    paragraph (1), the Secretary may obligate available funds from 
    accounts used to carry out the existing Joint Chiefs' Landscape 
    Restoration Partnership prior to the date of enactment of this Act 
    to carry out the Program.
        (3) Duration of availability.--Funds made available under 
    paragraph (1) shall remain available until expended.
        (4) Distribution of funds.--Of the funds made available under 
    paragraph (1)--
            (A) not less than 40 percent shall be allocated to carry 
        out eligible activities through the Natural Resources 
        Conservation Service;
            (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. AUTHORIZATIONS OF APPROPRIATIONS.
    There are authorized to be appropriated to the Secretary of the 
Interior, acting through the Commissioner of Reclamation (referred to 
in this title as the ``Secretary''), for the period of fiscal years 
2022 through 2026--
        (1) $1,150,000,000 for water storage, groundwater storage, and 
    conveyance projects in accordance with section 40902, of which 
    $100,000,000 shall be made available to provide grants to plan and 
    construct small surface water and groundwater storage projects in 
    accordance with section 40903;
        (2) $3,200,000,000 for the Aging Infrastructure Account 
    established by subsection (d)(1) of section 9603 of the Omnibus 
    Public Land Management Act of 2009 (43 U.S.C. 510b), to be made 
    available for activities in accordance with that subsection, 
    including major rehabilitation and replacement activities, as 
    identified in the Asset Management Report of the Bureau of 
    Reclamation dated April 2021, of which--
            (A) $100,000,000 shall be made available for Bureau of 
        Reclamation reserved or transferred works that have suffered a 
        critical failure, in accordance with section 40904(a); and
            (B) $100,000,000 shall be made available for the 
        rehabilitation, reconstruction, or replacement of a dam in 
        accordance with section 40904(b);
        (3) $1,000,000,000 for rural water projects that have been 
    authorized by an Act of Congress before July 1, 2021, in accordance 
    with the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 
    et seq.);
        (4) $1,000,000,000 for water recycling and reuse projects, of 
    which--
            (A) $550,000,000 shall be made available for water 
        recycling and reuse projects authorized in accordance with the 
        Reclamation Wastewater and Groundwater Study and Facilities Act 
        (43 U.S.C. 390h et seq.) that are--
                (i) authorized or approved for construction funding by 
            an Act of Congress before the date of enactment of this 
            Act; or
                (ii) selected for funding under the competitive grant 
            program authorized pursuant to section 1602(f) of the 
            Reclamation Wastewater and Groundwater Study and Facilities 
            Act (43 U.S.C. 390h(f)), with funding under this 
            subparagraph to be provided in accordance with that 
            section, notwithstanding section 4013 of the Water 
            Infrastructure Improvements for the Nation Act (43 U.S.C. 
            390b note; Public Law 114-322), except that section 
            1602(g)(2) of the Reclamation Wastewater and Groundwater 
            Study and Facilities Act (43 U.S.C. 390h(g)(2)) shall not 
            apply to amounts made available under this subparagraph; 
            and
            (B) $450,000,000 shall be made available for large-scale 
        water recycling and reuse projects in accordance with section 
        40905;
        (5) $250,000,000 for water desalination projects and studies 
    authorized in accordance with the Water Desalination Act of 1996 
    (42 U.S.C. 10301 note; Public Law 104-298) that are--
            (A) authorized or approved for construction funding by an 
        Act of Congress before July 1, 2021; or
            (B) selected for funding under the program authorized 
        pursuant to section 4(a) of the Water Desalination Act of 1996 
        (42 U.S.C. 10301 note; Public Law 104-298), with funding to be 
        made available under this paragraph in accordance with that 
        subsection, notwithstanding section 4013 of the Water 
        Infrastructure Improvements for the Nation Act (43 U.S.C. 390b 
        note; Public Law 114-322), except that paragraph (2)(F) of 
        section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 
        10301 note; Public Law 104-298) (as redesignated by section 
        40908) shall not apply to amounts made available under this 
        paragraph;
        (6) $500,000,000 for the safety of dams program, in accordance 
    with the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et 
    seq.);
        (7) $400,000,000 for WaterSMART grants in accordance with 
    section 9504 of the Omnibus Public Land Management Act of 2009 (42 
    U.S.C. 10364), of which $100,000,000 shall be made available for 
    projects that would improve the condition of a natural feature or 
    nature-based feature (as those terms are defined in section 9502 of 
    the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362));
        (8) subject to section 40906, $300,000,000 for implementing the 
    Colorado River Basin Drought Contingency Plan, consistent with the 
    obligations of the Secretary under the Colorado River Drought 
    Contingency Plan Authorization Act (Public Law 116-14; 133 Stat. 
    850) and related agreements, of which $50,000,000 shall be made 
    available for use in accordance with the Drought Contingency Plan 
    for the Upper Colorado River Basin;
        (9) $100,000,000 to provide financial assistance for watershed 
    management projects in accordance with subtitle A of title VI of 
    the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et 
    seq.);
        (10) $250,000,000 for design, study, and construction of 
    aquatic ecosystem restoration and protection projects in accordance 
    with section 1109 of division FF of the Consolidated Appropriations 
    Act, 2021 (Public Law 116-260);
        (11) $100,000,000 for multi-benefit projects to improve 
    watershed health in accordance with section 40907; and
        (12) $50,000,000 for endangered species recovery and 
    conservation programs in the Colorado River Basin in accordance 
    with--
            (A) Public Law 106-392 (114 Stat. 1602);
            (B) the Grand Canyon Protection Act of 1992 (Public Law 
        102-575; 106 Stat. 4669); and
            (C) subtitle E of title IX of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 1327).
SEC. 40902. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE 
PROJECTS.
    (a) Eligibility for Funding.--
        (1) Feasibility studies.--
            (A) In general.--A feasibility study shall only be eligible 
        for funding under section 40901(1) if--
                (i) the feasibility study has been authorized by an Act 
            of Congress before the date of enactment of this Act;
                (ii) Congress has approved funding for the feasibility 
            study in accordance with section 4007 of the Water 
            Infrastructure Improvements for the Nation Act (43 U.S.C. 
            390b note; Public Law 114-322) before the date of enactment 
            of this Act; or
                (iii) the feasibility study is authorized under 
            subparagraph (B).
            (B) Feasibility study authorizations.--The Secretary may 
        carry out feasibility studies for the following projects:
                (i) The Verde Reservoirs Sediment Mitigation Project in 
            the State of Arizona.
                (ii) The Tualatin River Basin Project in the State of 
            Oregon.
        (2) Construction.--A project shall only be eligible for 
    construction funding under section 40901(1) if--
            (A) an Act of Congress enacted before the date of enactment 
        of this Act authorizes construction of the project;
            (B) Congress has approved funding for construction of the 
        project in accordance with section 4007 of the Water 
        Infrastructure Improvements for the Nation Act (43 U.S.C. 390b 
        note; Public Law 114-322) before the date of enactment of this 
        Act, except for any project for which--
                (i) Congress did not approve the recommendation of the 
            Secretary for funding under subsection (h)(2) of that 
            section for at least 1 fiscal year before the date of 
            enactment of this Act; or
                (ii) State funding for the project was rescinded by the 
            State before the date of enactment of this Act; or
            (C)(i) Congress has authorized or approved funding for a 
        feasibility study for the project in accordance with clause (i) 
        or (ii) of paragraph (1)(A) (except that projects described in 
        clauses (i) and (ii) of subparagraph (B) shall not be 
        eligible); and
            (ii) on completion of the feasibility study for the 
        project, the Secretary--
                (I) finds the project to be technically and financially 
            feasible in accordance with the reclamation laws;
                (II) determines that sufficient non-Federal funding is 
            available for the non-Federal cost share of the project; 
            and
                (III)(aa) finds the project to be in the public 
            interest; and
                (bb) recommends the project for construction.
    (b) Cost-sharing Requirement.--
        (1) In general.--The Federal share--
            (A) for a project authorized by an Act of Congress shall be 
        determined in accordance with that Act;
            (B) for a project approved by Congress in accordance with 
        section 4007 of the Water Infrastructure Improvements for the 
        Nation Act (43 U.S.C. 390b note; Public Law 114-322) (including 
        construction resulting from a feasibility study authorized 
        under that Act) shall be as provided in that Act; and
            (C) for a project not described in subparagraph (A) or 
        (B)--
                (i) in the case of a federally owned project, shall not 
            exceed 50 percent of the total cost of the project; and
                (ii) in the case of a non-Federal project, shall not 
            exceed 25 percent of the total cost of the project.
        (2) Federal benefits.--Before funding a project under this 
    section, the Secretary shall determine that, in return for the 
    Federal investment in the project, at least a proportionate share 
    of the benefits are Federal benefits.
        (3) Reimbursability.--The reimbursability of Federal funding of 
    projects under this section shall be in accordance with the 
    reclamation laws.
    (c) Environmental Laws.--In providing funding for a project under 
this section, the Secretary shall comply with all applicable 
environmental laws, including the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
SEC. 40903. SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS.
    (a) Establishment of a Competitive Grant Program for Small Water 
Storage and Groundwater Storage Projects.--The Secretary shall 
establish a competitive grant program, under which the non-Federal 
project sponsor of any project in a Reclamation State, including the 
State of Alaska or Hawaii, determined by the Secretary to be feasible 
under subsection (b)(2)(B) shall be eligible to apply for funding for 
the planning, design, and construction of the project.
    (b) Eligibility and Selection.--
        (1) Submission to the secretary.--
            (A) In general.--A non-Federal project sponsor described in 
        subsection (a) may submit to the Secretary a proposal for a 
        project eligible to receive a grant under this section in the 
        form of a completed feasibility study.
            (B) Eligible projects.--A project shall be considered 
        eligible for consideration for a grant under this section if 
        the project--
                (i) has water storage capacity of not less than 2,000 
            acre-feet and not more than 30,000 acre-feet; and
                (ii)(I) increases surface water or groundwater storage; 
            or
                (II) conveys water, directly or indirectly, to or from 
            surface water or groundwater storage.
            (C) Guidelines.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall issue guidelines for 
        feasibility studies for small storage projects to provide 
        sufficient information for the formulation of the studies.
        (2) Review by the secretary.--The Secretary shall review each 
    feasibility study received under paragraph (1)(A) for the purpose 
    of determining whether--
            (A) the feasibility study, and the process under which the 
        study was developed, each comply with Federal laws (including 
        regulations) applicable to feasibility studies of small storage 
        projects;
            (B) the project is technically and financially feasible, in 
        accordance with--
                (i) the guidelines developed under paragraph (1)(C); 
            and
                (ii) the reclamation laws; and
            (C) the project provides a Federal benefit, as determined 
        by the Secretary.
        (3) Submission to congress.--Not later than 180 days after the 
    date of receipt of a feasibility study received under paragraph 
    (1)(A), the Secretary shall submit to the Committee on Energy and 
    Natural Resources of the Senate and the Committee on Natural 
    Resources of the House of Representatives a report that describes--
            (A) the results of the review of the study by the Secretary 
        under paragraph (2), including a determination of whether the 
        project is feasible and provides a Federal benefit;
            (B) any recommendations that the Secretary may have 
        concerning the plan or design of the project; and
            (C) any conditions the Secretary may require for 
        construction of the project.
        (4) Eligibility for funding.--
            (A) In general.--The non-Federal project sponsor of any 
        project determined by the Secretary to be feasible under 
        paragraph (3)(A) shall be eligible to apply to the Secretary 
        for a grant to cover the Federal share of the costs of 
        planning, designing, and constructing the project pursuant to 
        subsection (c).
            (B) Required determination.--Prior to awarding grants to a 
        small storage project, the Secretary shall determine whether 
        there is sufficient non-Federal funding available to complete 
        the project.
        (5) Priority.--In awarding grants to projects under this 
    section, the Secretary shall give priority to projects that meet 1 
    or more of the following criteria:
            (A) Projects that are likely to provide a more reliable 
        water supply for States, Indian Tribes, and local governments, 
        including subdivisions of those entities.
            (B) Projects that are likely to increase water management 
        flexibility and reduce impacts on environmental resources from 
        projects operated by Federal and State agencies.
            (C) Projects that are regional in nature.
            (D) Projects with multiple stakeholders.
            (E) Projects that provide multiple benefits, including 
        water supply reliability, ecosystem benefits, groundwater 
        management and enhancements, and water quality improvements.
    (c) Ceiling on Federal Share.--The Federal share of the costs of 
each of the individual projects selected under this section shall not 
exceed the lesser of--
        (1) 25 percent of the total project cost; or
        (2) $30,000,000.
    (d) Environmental Laws.--In providing funding for a grant for a 
project under this section, the Secretary shall comply with all 
applicable environmental laws, including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (e) Termination of Authority.--The authority to carry out this 
section terminates on the date that is 5 years after the date of 
enactment of this Act.
SEC. 40904. CRITICAL MAINTENANCE AND REPAIR.
    (a) Critical Failure at a Reserved or Transferred Work.--
        (1) In general.--A reserved or transferred work shall only be 
    eligible for funding under section 40901(2)(A) if--
            (A) construction of the reserved or transferred work began 
        on or before January 1, 1915; and
            (B) a unit of the reserved or transferred work suffered a 
        critical failure in Bureau of Reclamation infrastructure during 
        the 2-year period ending on the date of enactment of this Act 
        that resulted in the failure to deliver water to project 
        beneficiaries.
        (2) Use of funds.--Rehabilitation, repair, and replacement 
    activities for a transferred or reserved work using amounts made 
    available under section 40901(2)(A) may be used for the entire 
    transferred or reserved work, regardless of whether the critical 
    failure was limited to a single project of the overall work.
        (3) Nonreimbursable funds.--Notwithstanding section 9603(b) of 
    the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b(b)), 
    amounts made available to a reserved or transferred work under 
    section 40901(2)(A) shall be nonreimbursable to the United States.
    (b) Carey Act Projects.--The Secretary shall use amounts made 
available under section 40901(2)(B) to fund the rehabilitation, 
reconstruction, or replacement of a dam--
        (1) the construction of which began on or after January 1, 
    1905;
        (2) that was developed pursuant to section 4 of the Act of 
    August 18, 1894 (commonly known as the ``Carey Act'') (43 U.S.C. 
    641; 28 Stat. 422, chapter 301);
        (3) that the Governor of the State in which the dam is located 
    has--
            (A) determined the dam has reached its useful life;
            (B) determined the dam poses significant health and safety 
        concerns; and
            (C) requested Federal support; and
        (4) for which the estimated rehabilitation, reconstruction, or 
    replacement, engineering, and permitting costs would exceed 
    $50,000,000.
SEC. 40905. COMPETITIVE GRANT PROGRAM FOR LARGE-SCALE WATER RECYCLING 
AND REUSE PROGRAM.
    (a) Definitions.--In this section:
        (1) Eligible entity.--The term ``eligible entity'' means--
            (A) a State, Indian Tribe, municipality, irrigation 
        district, water district, wastewater district, or other 
        organization with water or power delivery authority;
            (B) a State, regional, or local authority, the members of 
        which include 1 or more organizations with water or power 
        delivery authority; or
            (C) an agency established under State law for the joint 
        exercise of powers or a combination of entities described in 
        subparagraphs (A) and (B).
        (2) Eligible project.--The term ``eligible project'' means a 
    project described in subsection (c).
        (3) Program.--The term ``program'' means the grant program 
    established under subsection (b).
        (4) Reclamation state.--The term ``Reclamation State'' means a 
    State or territory described in the first section of the Act of 
    June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).
    (b) Establishment.--The Secretary shall establish a program to 
provide grants to eligible entities on a competitive basis for the 
planning, design, and construction of large-scale water recycling and 
reuse projects that provide substantial water supply and other benefits 
to the Reclamation States in accordance with this section.
    (c) Eligible Project.--A project shall be eligible for a grant 
under this section if the project--
        (1) reclaims and reuses--
            (A) municipal, industrial, domestic, or agricultural 
        wastewater; or
            (B) impaired groundwater or surface water;
        (2) has a total estimated cost of $500,000,000 or more;
        (3) is located in a Reclamation State;
        (4) is constructed, operated, and maintained by an eligible 
    entity; and
        (5) provides a Federal benefit in accordance with the 
    reclamation laws.
    (d) Project Evaluation.--The Secretary may provide a grant to an 
eligible project under the program if--
        (1) the eligible entity determines through the preparation of a 
    feasibility study or equivalent study, and the Secretary concurs, 
    that the eligible project--
            (A) is technically and financially feasible;
            (B) provides a Federal benefit in accordance with the 
        reclamation laws; and
            (C) is consistent with applicable Federal and State laws;
        (2) the eligible entity has sufficient non-Federal funding 
    available to complete the eligible project, as determined by the 
    Secretary;
        (3) the eligible entity is financially solvent, as determined 
    by the Secretary; and
        (4) not later than 30 days after the date on which the 
    Secretary concurs with the determinations under paragraph (1) with 
    respect to the eligible project, the Secretary submits to Congress 
    written notice of the determinations.
    (e) Priority.--In providing grants to eligible projects under the 
program, the Secretary shall give priority to eligible projects that 
meet 1 or more of the following criteria:
        (1) The eligible project provides multiple benefits, 
    including--
            (A) water supply reliability benefits for drought-stricken 
        States and communities;
            (B) fish and wildlife benefits; and
            (C) water quality improvements.
        (2) The eligible project is likely to reduce impacts on 
    environmental resources from water projects owned or operated by 
    Federal and State agencies, including through measurable reductions 
    in water diversions from imperiled ecosystems.
        (3) The eligible project would advance water management plans 
    across a multi-State area, such as drought contingency plans in the 
    Colorado River Basin.
        (4) The eligible project is regional in nature.
        (5) The eligible project is collaboratively developed or 
    supported by multiple stakeholders.
    (f) Federal Assistance.--
        (1) Federal cost share.--The Federal share of the cost of any 
    project provided a grant under the program shall not exceed 25 
    percent of the total cost of the eligible project.
        (2) Total dollar cap.--The Secretary shall not impose a total 
    dollar cap on Federal contributions for all eligible individual 
    projects provided a grant under the program.
        (3) Nonreimbursable funds.--Any funds provided by the Secretary 
    to an eligible entity under the program shall be considered 
    nonreimbursable.
        (4) Funding eligibility.--An eligible project shall not be 
    considered ineligible for assistance under the program because the 
    eligible project has received assistance under--
            (A) the Reclamation Wastewater and Groundwater Study and 
        Facilities Act (43 U.S.C. 390h et seq.);
            (B) section 4(a) of the Water Desalination Act of 1996 (42 
        U.S.C. 10301 note; Public Law 104-298) for eligible 
        desalination projects; or
            (C) section 1602(e) of the Reclamation Wastewater and 
        Groundwater Study and Facilities Act (43 U.S.C. 390h(e)).
    (g) Environmental Laws.--In providing a grant for an eligible 
project under the program, the Secretary shall comply with all 
applicable environmental laws, including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (h) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall issue guidance on the implementation of 
the program, including guidelines for the preparation of feasibility 
studies or equivalent studies by eligible entities.
    (i) Reports.--
        (1) Annual report.--At the end of each fiscal year, the 
    Secretary shall make available on the website of the Department of 
    the Interior an annual report that lists each eligible project for 
    which a grant has been awarded under this section during the fiscal 
    year.
        (2) Comptroller general.--
            (A) Assessment.--The Comptroller General of the United 
        States shall conduct an assessment of the administrative 
        establishment, solicitation, selection, and justification 
        process with respect to the funding of grants under this 
        section.
            (B) Report.--Not later than 1 year after the date of the 
        initial award of grants under this section, the Comptroller 
        General shall submit to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Natural Resources 
        of the House of Representatives a report that describes--
                (i) the adequacy and effectiveness of the process by 
            which each eligible project was selected, if applicable; 
            and
                (ii) the justification and criteria used for the 
            selection of each eligible project, if applicable.
    (j) Treatment of Conveyance.--The Secretary shall consider the 
planning, design, and construction of a conveyance system for an 
eligible project to be eligible for grant funding under the program.
    (k) Termination of Authority.--The authority to carry out this 
section terminates on the date that is 5 years after the date of 
enactment of this Act.
SEC. 40906. DROUGHT CONTINGENCY PLAN FUNDING REQUIREMENTS.
    (a) In General.--Funds made available under section 40901(8) for 
use in the Lower Colorado River Basin may be used for projects--
        (1) to establish or conserve recurring Colorado River water 
    that contributes to supplies in Lake Mead and other Colorado River 
    water reservoirs in the Lower Colorado River Basin; or
        (2) to improve the long-term efficiency of operations in the 
    Lower Colorado River Basin.
    (b) Limitation.--None of the funds made available under section 
40901(8) may be used for the operation of the Yuma Desalting Plant.
    (c) Effect.--Nothing in section 40901(8) limits existing or future 
opportunities to augment the water supplies of the Colorado River.
SEC. 40907. MULTI-BENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH.
    (a) Definition of Eligible Applicant.--In this section, the term 
``eligible applicant'' means--
        (1) a State;
        (2) a Tribal or local government;
        (3) an organization with power or water delivery authority;
        (4) a regional authority; or
        (5) a nonprofit conservation organization.
    (b) Establishment of Competitive Grant Program.--Not later than 1 
year after the date of enactment of this Act, the Secretary, in 
consultation with the heads of relevant agencies, shall establish a 
competitive grant program under which the Secretary shall award grants 
to eligible applicants for the design, implementation, and monitoring 
of conservation outcomes of habitat restoration projects that improve 
watershed health in a river basin that is adversely impacted by a 
Bureau of Reclamation water project by accomplishing 1 or more of the 
following:
        (1) Ecosystem benefits.
        (2) Restoration of native species.
        (3) Mitigation against the impacts of climate change to fish 
    and wildlife habitats.
        (4) Protection against invasive species.
        (5) Restoration of aspects of the natural ecosystem.
        (6) Enhancement of commercial, recreational, subsistence, or 
    Tribal ceremonial fishing.
        (7) Enhancement of river-based recreation.
    (c) Requirements.--
        (1) In general.--In awarding a grant to an eligible applicant 
    under subsection (b), the Secretary--
            (A) shall give priority to an eligible applicant that would 
        carry out a habitat restoration project that achieves more than 
        1 of the benefits described in that subsection; and
            (B) may not provide a grant to carry out a habitat 
        restoration project the purpose of which is to meet existing 
        environmental mitigation or compliance obligations under 
        Federal or State law.
        (2) Compliance.--A habitat restoration project awarded a grant 
    under subsection (b) shall comply with all applicable Federal and 
    State laws.
    (d) Cost-sharing Requirement.--The Federal share of the cost of any 
habitat restoration project that is awarded a grant under subsection 
(b)--
        (1) shall not exceed 50 percent of the cost of the habitat 
    restoration project; or
        (2) in the case of a habitat restoration project that provides 
    benefits to ecological or recreational values in which the 
    nonconsumptive water conservation benefit or habitat restoration 
    benefit accounts for at least 75 percent of the cost of the habitat 
    restoration project, as determined by the Secretary, shall not 
    exceed 75 percent of the cost of the habitat restoration project.
SEC. 40908. ELIGIBLE DESALINATION PROJECTS.
    Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 
note; Public Law 104-298) is amended by redesignating the second 
paragraph (1) (relating to eligible desalination projects) as paragraph 
(2).
SEC. 40909. CLARIFICATION OF AUTHORITY TO USE CORONAVIRUS FISCAL 
RECOVERY FUNDS TO MEET A NON-FEDERAL MATCHING REQUIREMENT FOR 
AUTHORIZED BUREAU OF RECLAMATION WATER PROJECTS.
    (a) Coronavirus State Fiscal Recovery Fund.--Section 602(c) of the 
Social Security Act (42 U.S.C. 802(c)) is amended by adding at the end 
the following:
        ``(4) Use of funds to satisfy non-federal matching requirements 
    for authorized bureau of reclamation water projects.--Funds 
    provided under this section for an authorized Bureau of Reclamation 
    project may be used for purposes of satisfying any non-Federal 
    matching requirement required for the project.''.
    (b) Coronavirus Local Fiscal Recovery Fund.--Section 603(c) of the 
Social Security Act (42 U.S.C. 803(c)) is amended by adding at the end 
the following:
        ``(5) Use of funds to satisfy non-federal matching, maintenance 
    of effort, or other expenditure requirement.--Funds provided under 
    this section for an authorized Bureau of Reclamation project may be 
    used for purposes of satisfying any non-Federal matching 
    requirement required for the project.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of section 9901 of the American 
Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 223).
SEC. 40910. FEDERAL ASSISTANCE FOR GROUNDWATER RECHARGE, AQUIFER 
STORAGE, AND WATER SOURCE SUBSTITUTION PROJECTS.
    (a) In General.--The Secretary, at the request of and in 
coordination with affected Indian Tribes, States (including 
subdivisions and departments of a State), or a public agency organized 
pursuant to State law, may provide technical or financial assistance 
for, participate in, and enter into agreements (including agreements 
with irrigation entities) for--
        (1) groundwater recharge projects;
        (2) aquifer storage and recovery projects; or
        (3) water source substitution for aquifer protection projects.
    (b) Limitation.--Nothing in this section authorizes additional 
technical or financial assistance for, or participation in an agreement 
for, a surface water storage facility to be constructed or expanded.
    (c) Requirement.--A construction project shall only be eligible for 
financial assistance under this section if the project meets the 
conditions for funding under section 40902(a)(2)(C)(ii).
    (d) Cost Sharing.--Cost sharing for a project funded under this 
section shall be in accordance with section 40902(b).
    (e) Environmental Laws.--In providing funding for a project under 
this section, the Secretary shall comply with all applicable 
environmental laws, including --
        (1) the National Environmental Policy Act of 1969 (42 U.S.C. 
    4321 et seq.);
        (2) any obligations for fish, wildlife, or water quality 
    protection in permits or licenses granted by a Federal agency or a 
    State; and
        (3) any applicable Federal or State laws (including 
    regulations).
    (f) Authorization by Congress for Major Project Construction.--A 
project with a total estimated cost of $500,000,000 or more shall only 
be eligible for construction funding under this section if the project 
is authorized for construction by an Act of Congress.

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

SEC. 41001. ENERGY STORAGE DEMONSTRATION PROJECTS.
    (a) Energy Storage Demonstration Projects; Pilot Grant Program.--
There is authorized to be appropriated to the Secretary to carry out 
activities under section 3201(c) of the Energy Act of 2020 (42 U.S.C. 
17232(c)) $355,000,000 for the period of fiscal years 2022 through 
2025.
    (b) Long-duration Demonstration Initiative and Joint Program.--
There is authorized to be appropriated to the Secretary to carry out 
activities under section 3201(d) of the Energy Act of 2020 (42 U.S.C. 
17232(d)) $150,000,000 for the period of fiscal years 2022 through 
2025.
SEC. 41002. ADVANCED REACTOR DEMONSTRATION PROGRAM.
    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out activities under section 
959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a) pursuant to 
the funding opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations--
        (1) $511,000,000 for fiscal year 2022;
        (2) $506,000,000 for fiscal year 2023;
        (3) $636,000,000 for fiscal year 2024;
        (4) $824,000,000 for fiscal year 2025;
        (5) $453,000,000 for fiscal year 2026; and
        (6) $281,000,000 for fiscal year 2027.
    (b) Technical Corrections.--
        (1) Definition of advanced nuclear reactor.--Section 951(b)(1) 
    of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)(1)) is 
    amended--
            (A) in subparagraph (A)(xi), by striking ``; and'' and 
        inserting a semicolon;
            (B) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following:
            ``(C) a radioisotope power system that utilizes heat from 
        radioactive decay to generate energy.''.
        (2) Nuclear energy university program funding.--Section 
    954(a)(6) of the Energy Policy Act of 2005 (42 U.S.C. 16274(a)(6)) 
    is amended by inserting ``, excluding funds appropriated for the 
    Advanced Reactor Demonstration Program of the Department,'' after 
    ``annually''.
SEC. 41003. MINERAL SECURITY PROJECTS.
    (a) National Geological and Geophysical Data Preservation 
Program.--There are authorized to be appropriated to the Secretary of 
the Interior to carry out activities under section 351 of the Energy 
Policy Act of 2005 (42 U.S.C. 15908)--
        (1) $8,668,000 for fiscal year 2022; and
        (2) $5,000,000 for each of fiscal years 2023 through 2025.
    (b) Rare Earth Mineral Security.--There are authorized to be 
appropriated to the Secretary to carry out activities under section 
7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a))--
        (1) $23,000,000 for fiscal year 2022;
        (2) $24,200,000 for fiscal year 2023;
        (3) $25,400,000 for fiscal year 2024;
        (4) $26,600,000 for fiscal year 2025; and
        (5) $27,800,000 for fiscal year 2026.
    (c) Critical Material Innovation, Efficiency, and Alternatives.--
There are authorized to be appropriated to the Secretary to carry out 
activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C. 
1606(g))--
        (1) $230,000,000 for fiscal year 2022;
        (2) $100,000,000 for fiscal year 2023; and
        (3) $135,000,000 for each of fiscal years 2024 and 2025.
    (d) Critical Material Supply Chain Research Facility.--There are 
authorized to be appropriated to the Secretary to carry out activities 
under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h))--
        (1) $40,000,000 for fiscal year 2022; and
        (2) $35,000,000 for fiscal year 2023.
SEC. 41004. CARBON CAPTURE DEMONSTRATION AND PILOT PROGRAMS.
    (a) Carbon Capture Large-scale Pilot Projects.--There are 
authorized to be appropriated to the Secretary to carry out activities 
under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 
16292(b)(2)(B))--
        (1) $387,000,000 for fiscal year 2022;
        (2) $200,000,000 for fiscal year 2023;
        (3) $200,000,000 for fiscal year 2024; and
        (4) $150,000,000 for fiscal year 2025.
    (b) Carbon Capture Demonstration Projects Program.--There are 
authorized to be appropriated to the Secretary to carry out activities 
under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 
16292(b)(2)(C))--
        (1) $937,000,000 for fiscal year 2022;
        (2) $500,000,000 for each of fiscal years 2023 and 2024; and
        (3) $600,000,000 for fiscal year 2025.
SEC. 41005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE COMPETITIONS.
    (a) Precommercial.--There is authorized to be appropriated to the 
Secretary to carry out activities under section 969D(e)(2)(A) of the 
Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)) $15,000,000 for 
fiscal year 2022.
    (b) Commercial.--There is authorized to be appropriated to the 
Secretary to carry out activities under section 969D(e)(2)(B) of the 
Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)) $100,000,000 for 
fiscal year 2022.
SEC. 41006. WATER POWER PROJECTS.
    (a) Hydropower and Marine Energy.--There are authorized to be 
appropriated to the Secretary--
        (1) to carry out activities under section 634 of the Energy 
    Independence and Security Act of 2007 (42 U.S.C. 17213), 
    $36,000,000 for the period of fiscal years 2022 through 2025; and
        (2) to carry out activities under section 635 of the Energy 
    Independence and Security Act of 2007 (42 U.S.C. 17214), 
    $70,400,000 for the period of fiscal years 2022 through 2025.
    (b) National Marine Energy Centers.--There is authorized to be 
appropriated to the Secretary to carry out activities under section 636 
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215) 
$40,000,000 for the period of fiscal years 2022 through 2025.
SEC. 41007. RENEWABLE ENERGY PROJECTS.
    (a) Geothermal Energy.--There is authorized to be appropriated to 
the Secretary to carry out activities under section 615(d) of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17194(d)) 
$84,000,000 for the period of fiscal years 2022 through 2025.
    (b) Wind Energy.--There are authorized to be appropriated to the 
Secretary--
        (1) to carry out activities under section 3003(b)(2) of the 
    Energy Act of 2020 (42 U.S.C. 16237(b)(2)), $60,000,000 for the 
    period of fiscal years 2022 through 2025; and
        (2) to carry out activities under section 3003(b)(4) of the 
    Energy Act of 2020 (42 U.S.C. 16237(b)(4)), $40,000,000 for the 
    period of fiscal years 2022 through 2025.
    (c) Solar Energy.--There are authorized to be appropriated to the 
Secretary--
        (1) to carry out activities under section 3004(b)(2) of the 
    Energy Act of 2020 (42 U.S.C. 16238(b)(2)), $40,000,000 for the 
    period of fiscal years 2022 through 2025;
        (2) to carry out activities under section 3004(b)(3) of the 
    Energy Act of 2020 (42 U.S.C. 16238(b)(3)), $20,000,000 for the 
    period of fiscal years 2022 through 2025; and
        (3) to carry out activities under section 3004(b)(4) of the 
    Energy Act of 2020 (42 U.S.C. 16238(b)(4)), $20,000,000 for the 
    period of fiscal years 2022 through 2025.
    (d) Clarification.--Amounts authorized to be appropriated under 
subsection (b) are authorized to be a part of, and not in addition to, 
any amounts authorized to be appropriated by section 3003(b)(7) of the 
Energy Act of 2020 (42 U.S.C. 16237(b)(7)).
SEC. 41008. INDUSTRIAL EMISSIONS DEMONSTRATION PROJECTS.
    There are authorized to be appropriated to the Secretary to carry 
out activities under section 454(d)(3) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17113(d)(3))--
        (1) $100,000,000 for each of fiscal years 2022 and 2023; and
        (2) $150,000,000 for each of fiscal years 2024 and 2025.

                    TITLE XI--WAGE RATE REQUIREMENTS

SEC. 41101. WAGE RATE REQUIREMENTS.
    (a) Davis-Bacon.--All laborers and mechanics employed by 
contractors or subcontractors in the performance of construction, 
alteration, or repair work on a project assisted in whole or in part by 
funding made available under this division or an amendment made by this 
division shall be paid wages at rates not less than those prevailing on 
similar projects in the locality, as determined by the Secretary of 
Labor in accordance with subchapter IV of chapter 31 of title 40, 
United States Code (commonly referred to as the ``Davis-Bacon Act'').
    (b) Authority.--With respect to the labor standards specified in 
subsection (a), the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States 
Code.

                        TITLE XII--MISCELLANEOUS

SEC. 41201. OFFICE OF CLEAN ENERGY DEMONSTRATIONS.
    (a) Definitions.--In this section:
        (1) Covered project.--The term ``covered project'' means a 
    demonstration project of the Department that--
            (A) receives or is eligible to receive funding from the 
        Secretary; and
            (B) is authorized under--
                (i) this division; or
                (ii) the Energy Act of 2020 (Public Law 116-260; 134 
            Stat. 1182).
        (2) Program.--The term ``program'' means the program 
    established under subsection (b).
    (b) Establishment.--The Secretary, in coordination with the heads 
of relevant program offices of the Department, shall establish a 
program to conduct project management and oversight of covered 
projects, including by--
        (1) conducting evaluations of proposals for covered projects 
    before the selection of a covered project for funding;
        (2) conducting independent oversight of the execution of a 
    covered project after funding has been awarded for that covered 
    project; and
        (3) ensuring a balanced portfolio of investments in covered 
    projects.
    (c) Duties.--The Secretary shall appoint a head of the program who 
shall, in coordination with the heads of relevant program offices of 
the Department--
        (1) evaluate proposals for covered projects, including scope, 
    technical specifications, maturity of design, funding profile, 
    estimated costs, proposed schedule, proposed technical and 
    financial milestones, and potential for commercial success based on 
    economic and policy projections;
        (2) develop independent cost estimates for a proposal for a 
    covered project, if appropriate;
        (3) recommend to the head of a program office of the 
    Department, as appropriate, whether to fund a proposal for a 
    covered project;
        (4) oversee the execution of covered projects that receive 
    funding from the Secretary, including reconciling estimated costs 
    as compared to actual costs;
        (5) conduct reviews of ongoing covered projects, including--
            (A) evaluating the progress of a covered project based on 
        the proposed schedule and technical and financial milestones; 
        and
            (B) providing the evaluations under subparagraph (A) to the 
        Secretary; and
        (6) assess the lessons learned in overseeing covered projects 
    and implement improvements in the process of evaluating and 
    overseeing covered projects.
    (d) Employees.--To carry out the program, the Secretary may hire 
appropriate personnel to perform the duties of the program.
    (e) Coordination.--In carrying out the program, the head of the 
program shall coordinate with--
        (1) project management and acquisition management entities with 
    the Department, including the Office of Project Management; and
        (2) professional organizations in project management, 
    construction, cost estimation, and other relevant fields.
    (f) Reports.--
        (1) Report by secretary.--The Secretary shall include in each 
    updated technology transfer execution plan submitted under 
    subsection (h)(2) of section 1001 of the Energy Policy Act of 2005 
    (42 U.S.C. 16391) information on the implementation of and progress 
    made under the program, including, for the year covered by the 
    report--
            (A) the covered projects under the purview of the program; 
        and
            (B) the review of each covered project carried out under 
        subsection (c)(5).
        (2) Report by comptroller general.--Not later than 3 years 
    after the date of enactment of this Act, the Comptroller General of 
    the United States shall submit to the Committee on Energy and 
    Natural Resources of the Senate and the Committee on Science, 
    Space, and Technology of the House of Representatives a report 
    evaluating the operation of the program, including--
            (A) a description of the processes and procedures used by 
        the program to evaluate proposals of covered projects and the 
        oversight of covered projects; and
            (B) any recommended changes in the program, including 
        changes to--
                (i) the processes and procedures described in 
            subparagraph (A); and
                (ii) the structure of the program, for the purpose of 
            better carrying out the program.
    (g) Technical Amendment.--Section 1001 of the Energy Policy Act of 
2005 (42 U.S.C. 16391) is amended by redesignating the second 
subsections (f) (relating to planning and reporting) and (g) (relating 
to additional technology transfer programs) as subsections (h) and (i), 
respectively.
SEC. 41202. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000.
    (a) Definition of Full Funding Amount.--Section 3(11) of the Secure 
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
7102(11)) is amended by striking subparagraphs (D) and (E) and 
inserting the following:
            ``(D) for fiscal year 2017, the amount that is equal to 95 
        percent of the full funding amount for fiscal year 2015;
            ``(E) for each of fiscal years 2018 through 2020, the 
        amount that is equal to 95 percent of the full funding amount 
        for the preceding fiscal year; and
            ``(F) for fiscal year 2021 and each fiscal year thereafter, 
        the amount that is equal to the full funding amount for fiscal 
        year 2017.''.
    (b) Secure Payments for States and Counties Containing Federal 
Land.--
        (1) Secure payments.--Section 101 of the Secure Rural Schools 
    and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is 
    amended, in subsections (a) and (b), by striking ``2015, 2017, 
    2018, 2019, and 2020'' each place it appears and inserting ``2015 
    and 2017 through 2023''.
        (2) Distribution of payments to eligible counties.--Section 
    103(d)(2) of the Secure Rural Schools and Community Self-
    Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by 
    striking ``2020'' and inserting ``2023''.
    (c) Pilot Program To Streamline Nomination of Members of Resource 
Advisory Committees.--Section 205 of the Secure Rural Schools and 
Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by 
striking subsection (g) and inserting the following:
    ``(g) Resource Advisory Committee Appointment Pilot Programs.--
        ``(1) Definitions.--In this subsection:
            ``(A) Applicable designee.--The term `applicable designee' 
        means the applicable regional forester.
            ``(B) National pilot program.--The term `national pilot 
        program' means the national pilot program established under 
        paragraph (4)(A).
            ``(C) Regional pilot program.--The term `regional pilot 
        program' means the regional pilot program established under 
        paragraph (3)(A).
        ``(2) Establishment of pilot programs.--In accordance with 
    paragraphs (3) and (4), the Secretary concerned shall carry out 2 
    pilot programs to appoint members of resource advisory committees.
        ``(3) Regional pilot program.--
            ``(A) In general.--The Secretary concerned shall carry out 
        a regional pilot program to allow an applicable designee to 
        appoint members of resource advisory committees.
            ``(B) Geographic limitation.--The regional pilot program 
        shall only apply to resource advisory committees chartered in--
                ``(i) the State of Montana; and
                ``(ii) the State of Arizona.
            ``(C) Responsibilities of applicable designee.--
                ``(i) Review.--Before appointing a member of a resource 
            advisory committee under the regional pilot program, an 
            applicable designee shall conduct the review and analysis 
            that would otherwise be conducted for an appointment to a 
            resource advisory committee if the regional pilot program 
            was not in effect, including any review and analysis with 
            respect to civil rights and budgetary requirements.
                ``(ii) Savings clause.--Nothing in this paragraph 
            relieves an applicable designee from any requirement 
            developed by the Secretary concerned for making an 
            appointment to a resource advisory committee that is in 
            effect on December 20, 2018, including any requirement for 
            advertising a vacancy.
        ``(4) National pilot program.--
            ``(A) In general.--The Secretary concerned shall carry out 
        a national pilot program to allow the Chief of the Forest 
        Service or the Director of the Bureau of Land Management, as 
        applicable, to submit to the Secretary concerned nominations of 
        individuals for appointment as members of resource advisory 
        committees.
            ``(B) Appointment.--Under the national pilot program, 
        subject to subparagraph (C), not later than 30 days after the 
        date on which a nomination is transmitted to the Secretary 
        concerned under subparagraph (A), the Secretary concerned 
        shall--
                ``(i) appoint the nominee to the applicable resource 
            advisory committee; or
                ``(ii) reject the nomination.
            ``(C) Automatic appointment.--If the Secretary concerned 
        does not act on a nomination in accordance with subparagraph 
        (B) by the date described in that subparagraph, the nominee 
        shall be deemed appointed to the applicable resource advisory 
        committee.
            ``(D) Geographic limitation.--The national pilot program 
        shall apply to a resource advisory committee chartered in any 
        State other than--
                ``(i) the State of Montana; or
                ``(ii) the State of Arizona.
            ``(E) Savings clause.--Nothing in this paragraph relieves 
        the Secretary concerned from any requirement relating to an 
        appointment to a resource advisory committee, including any 
        requirement with respect to civil rights or advertising a 
        vacancy.
        ``(5) Termination of effectiveness.--The authority provided 
    under this subsection terminates on October 1, 2023.
        ``(6) Report to congress.--Not later 180 days after the date 
    described in paragraph (5), the Secretary concerned shall submit to 
    Congress a report that includes--
            ``(A) with respect to appointments made under the regional 
        pilot program compared to appointments made under the national 
        pilot program, a description of the extent to which--
                ``(i) appointments were faster or slower; and
                ``(ii) the requirements described in paragraph 
            (3)(C)(i) differ; and
            ``(B) a recommendation with respect to whether Congress 
        should terminate, continue, modify, or expand the pilot 
        programs.''.
    (d) Extension of Authority To Conduct Special Projects on Federal 
Land.--
        (1) Existing advisory committees.--Section 205(a)(4) of the 
    Secure Rural Schools and Community Self-Determination Act of 2000 
    (16 U.S.C. 7125(a)(4)) is amended by striking ``December 20, 2021'' 
    each place it appears and inserting ``December 20, 2023''.
        (2) Extension of authority.--Section 208 of the Secure Rural 
    Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
    7128) is amended--
            (A) in subsection (a), by striking ``2022'' and inserting 
        ``2025''; and
            (B) in subsection (b), by striking ``2023'' and inserting 
        ``2026''.
    (e) Access to Broadband and Other Technology.--Section 302(a) of 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7142(a)) is amended--
        (1) in paragraph (3), by striking ``and'' at the end;
        (2) in paragraph (4), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(5) to provide or expand access to--
            ``(A) broadband telecommunications services at local 
        schools; or
            ``(B) the technology and connectivity necessary for 
        students to use a digital learning tool at or outside of a 
        local school campus.''.
    (f) Extension of Authority To Expend County Funds.--Section 304 of 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7144) is amended--
        (1) in subsection (a), by striking ``2022'' and inserting 
    ``2025''; and
        (2) in subsection (b), by striking ``2023'' and inserting 
    ``2026''.
    (g) Amounts Obligated but Unspent; Prohibition on Use of Funds.--
Title III of the Secure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7141 et seq.) is amended--
        (1) by redesignating section 304 as section 305; and
        (2) by inserting after section 303 the following:
    ``SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE OF 
      FUNDS.
    ``(a) Amounts Obligated but Unspent.--Any county funds that were 
obligated by the applicable participating county before October 1, 
2017, but are unspent on October 1, 2020--
        ``(1) may, at the option of the participating county, be deemed 
    to have been reserved by the participating county on October 1, 
    2020, for expenditure in accordance with this title; and
        ``(2)(A) may be used by the participating county for any 
    authorized use under section 302(a); and
        ``(B) on a determination by the participating county under 
    subparagraph (A) to use the county funds, shall be available for 
    projects initiated after October 1, 2020, subject to section 305.
    ``(b) Prohibition on Use of Funds.--Notwithstanding any other 
provision of law, effective beginning on the date of enactment of the 
Infrastructure Investment and Jobs Act, no county funds made available 
under this title may be used by any participating county for any 
lobbying activity, regardless of the purpose for which the funds are 
obligated on or before that date.''.

        DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE

SEC. 50001. SHORT TITLE.
    This division may be cited as the ``Drinking Water and Wastewater 
Infrastructure Act of 2021''.
SEC. 50002. DEFINITION OF ADMINISTRATOR.
    In this division, the term ``Administrator'' means the 
Administrator of the Environmental Protection Agency.

                        TITLE I--DRINKING WATER

SEC. 50101. TECHNICAL ASSISTANCE AND GRANTS FOR EMERGENCIES AFFECTING 
PUBLIC WATER SYSTEMS.
    Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j-1) is 
amended--
        (1) in subsection (a), by adding at the end the following:
    ``(11) Compliance Evaluation.--
        ``(A) In general.--Not later than 1 year after the date of 
    enactment of this paragraph, the Administrator shall--
            ``(i) evaluate, based on the compliance data found in the 
        Safe Drinking Water Information System of the Administrator, 
        the compliance of community water systems and wastewater 
        systems with environmental, health, and safety requirements 
        under this title, including water quality sampling, testing, 
        and reporting requirements; and
            ``(ii) submit to Congress a report describing trends seen 
        as a result of the evaluation under clause (i), including 
        trends that demonstrate how the characteristics of community 
        water systems and wastewater systems correlate to trends in 
        compliance or noncompliance with the requirements described in 
        that clause.
        ``(B) Requirement.--To the extent practicable, in carrying out 
    subparagraph (A), the Administrator shall determine whether, in 
    aggregate, community water systems and wastewater systems maintain 
    asset management plans.'';
        (2) in subsection (b), in the first sentence--
            (A) by inserting ``(including an emergency situation 
        resulting from a cybersecurity event)'' after ``emergency 
        situation''; and
            (B) by inserting ``, including a threat to public health 
        resulting from contaminants, such as, but not limited to, 
        heightened exposure to lead in drinking water'' after ``public 
        health'';
        (3) by striking subsection (d) and inserting the following:
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (b) $35,000,000 for each of fiscal 
years 2022 through 2026.'';
        (4) in subsection (e), by striking paragraph (5) and inserting 
    the following:
        ``(5) Authorization of appropriations.--There is authorized to 
    be appropriated to the Administrator to carry out this subsection 
    $15,000,000 for each of fiscal years 2022 through 2026.'';
        (5) by redesignating subsection (f) as subsection (g); and
        (6) by inserting after subsection (e) the following:
    ``(f) State-based Nonprofit Organizations.--
        ``(1) In general.--The Administrator may provide technical 
    assistance consistent with the authority provided under subsection 
    (e) to State-based nonprofit organizations that are governed by 
    community water systems.
        ``(2) Communication.--Each State-based nonprofit organization 
    that receives funding under paragraph (1) shall, before using that 
    funding to undertake activities to carry out this subsection, 
    consult with the State in which the assistance is to be expended or 
    otherwise made available.''.
SEC. 50102. DRINKING WATER STATE REVOLVING LOAN FUNDS.
    (a) Drinking Water State Revolving Funds Capitalization Grant 
Reauthorization.--Section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j-12) is amended--
        (1) in subsection (a)(4)(A), by striking ``During fiscal years 
    2019 through 2023, funds'' and inserting ``Funds'';
        (2) in subsection (m)(1) --
            (A) in subparagraph (B), by striking ``and'';
            (B) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (C) by adding at the end the following:
            ``(D) $2,400,000,000 for fiscal year 2022;
            ``(E) $2,750,000,000 for fiscal year 2023;
            ``(F) $3,000,000,000 for fiscal year 2024; and
            ``(G) $3,250,000,000 for each of fiscal years 2025 and 
        2026.''; and
        (3) in subsection (q), by striking ``2016 through 2021'' and 
    inserting ``2022 through 2026''.
    (b) Assistance for Disadvantaged Communities.--Section 1452(d) of 
the Safe Drinking Water Act (42 U.S.C. 300j-12(d)) is amended--
        (1) in paragraph (1)--
            (A) by striking ``Notwithstanding any'' and inserting the 
        following:
            ``(A) In general.--Notwithstanding any'';
            (B) in subparagraph (A) (as so designated), by inserting 
        ``, grants, negative interest loans, other loan forgiveness, 
        and through buying, refinancing, or restructuring debt'' after 
        ``forgiveness of principal''; and
            (C) by adding at the end the following:
            ``(B) Exclusion.--A loan from a State loan fund with an 
        interest rate equal to or greater than 0 percent shall not be 
        considered additional subsidization for purposes of this 
        subsection.''; and
        (2) in paragraph (2), by striking subparagraph (B) and 
    inserting the following:
            ``(B) to the extent that there are sufficient applications 
        for loans to communities described in paragraph (1), may not be 
        less than 12 percent.''.
SEC. 50103. SOURCE WATER PETITION PROGRAM.
    Section 1454 of the Safe Drinking Water Act (42 U.S.C. 300j-14) is 
amended--
        (1) in subsection (a)--
            (A) in paragraph (1)(A), in the matter preceding clause 
        (i), by striking ``political subdivision of a State,'' and 
        inserting ``political subdivision of a State (including a 
        county that is designated by the State to act on behalf of an 
        unincorporated area within that county, with the agreement of 
        that unincorporated area),'';
            (B) in paragraph (4)(D)(i), by inserting ``(including a 
        county that is designated by the State to act on behalf of an 
        unincorporated area within that county)'' after ``of the 
        State''; and
            (C) by adding at the end the following:
        ``(5) Savings provision.--Unless otherwise provided within the 
    agreement, an agreement between an unincorporated area and a county 
    for the county to submit a petition under paragraph (1)(A) on 
    behalf of the unincorporated area shall not authorize the county to 
    act on behalf of the unincorporated area in any matter not within a 
    program under this section.''; and
        (2) in subsection (e), in the first sentence, by striking 
    ``2021'' and inserting ``2026''.
SEC. 50104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
    (a) Existing Programs.--Section 1459A of the Safe Drinking Water 
Act (42 U.S.C. 300j-19a) is amended--
        (1) in subsection (b)(2)--
            (A) in subparagraph (B), by striking ``and'' at the end;
            (B) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (C) by adding at the end the following:
            ``(D) the purchase of point-of-entry or point-of-use 
        filters and filtration systems that are certified by a third 
        party using science-based test methods for the removal of 
        contaminants of concern;
            ``(E) investments necessary for providing accurate and 
        current information about--
                ``(i) the need for filtration and filter safety, 
            including proper use and maintenance practices; and
                ``(ii) the options for replacing lead service lines (as 
            defined in section 1459B(a)) and removing other sources of 
            lead in water; and
            ``(F) entering into contracts, including contracts with 
        nonprofit organizations that have water system technical 
        expertise, to assist--
                ``(i) an eligible entity; or
                ``(ii) the State of an eligible entity, on behalf of 
            that eligible entity.'';
        (2) in subsection (c), in the matter preceding paragraph (1), 
    by striking ``An eligible entity'' and inserting ``Except for 
    purposes of subsections (j) and (m), an eligible entity'';
        (3) in subsection (g)(1), by striking ``to pay not less than 45 
    percent'' and inserting ``except as provided in subsection (l)(5) 
    and subject to subsection (h), to pay not less than 10 percent'';
        (4) by striking subsection (k) and inserting the following:
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsections (a) through (j)--
        ``(1) $70,000,000 for fiscal year 2022;
        ``(2) $80,000,000 for fiscal year 2023;
        ``(3) $100,000,000 for fiscal year 2024;
        ``(4) $120,000,000 for fiscal year 2025; and
        ``(5) $140,000,000 for fiscal year 2026.''; and
        (5) in subsection (l)--
            (A) in paragraph (2)--
                (i) by striking ``The Administrator may'' and inserting 
            ``The Administrator shall''; and
                (ii) by striking ``fiscal years 2019 and 2020'' and 
            inserting ``fiscal years 2022 through 2026'';
            (B) in paragraph (5), by striking ``$4,000,000 for each of 
        fiscal years 2019 and 2020'' and inserting ``$25,000,000 for 
        each of fiscal years 2022 through 2026'';
            (C) by redesignating paragraph (5) as paragraph (6); and
            (D) by inserting after paragraph (4) the following:
        ``(5) Federal share for small, rural, and disadvantaged 
    communities.--
            ``(A) In general.--Subject to subparagraph (B), with 
        respect to a program or project that serves an eligible entity 
        and is carried out using a grant under this subsection, the 
        Federal share of the cost of the program or project shall be 90 
        percent.
            ``(B) Waiver.--The Administrator may increase the Federal 
        share under subparagraph (A) to 100 percent if the 
        Administrator determines that an eligible entity is unable to 
        pay, or would experience significant financial hardship if 
        required to pay, the non-Federal share.''.
    (b) Connection to Public Water Systems.--Section 1459A of the Safe 
Drinking Water Act (42 U.S.C. 300j-19a) is amended by adding at the end 
the following:
    ``(m) Connection to Public Water Systems.--
        ``(1) Definitions.--In this subsection:
            ``(A) Eligible entity.--The term `eligible entity' means--
                ``(i) an owner or operator of a public water system 
            that assists or is seeking to assist eligible individuals 
            with connecting the household of the eligible individual to 
            the public water system; or
                ``(ii) a nonprofit entity that assists or is seeking to 
            assist eligible individuals with the costs associated with 
            connecting the household of the eligible individual to a 
            public water system.
            ``(B) Eligible individual.--The term `eligible individual' 
        has the meaning given the term in section 603(j) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1383(j)).
            ``(C) Program.--The term `program' means the competitive 
        grant program established under paragraph (2).
        ``(2) Establishment.--Subject to the availability of 
    appropriations, the Administrator shall establish a competitive 
    grant program for the purpose of improving the general welfare 
    under which the Administrator awards grants to eligible entities to 
    provide funds to assist eligible individuals in covering the costs 
    incurred by the eligible individual in connecting the household of 
    the eligible individual to a public water system.
        ``(3) Application.--An eligible entity seeking a grant under 
    the program shall submit to the Administrator an application at 
    such time, in such manner, and containing such information as the 
    Administrator may require.
        ``(4) Voluntary connection.--Before providing funds to an 
    eligible individual for the costs described in paragraph (2), an 
    eligible entity shall ensure and certify to the Administrator 
    that--
            ``(A) the eligible individual is voluntarily seeking 
        connection to the public water system;
            ``(B) if the eligible entity is not the owner or operator 
        of the public water system to which the eligible individual 
        seeks to connect, the public water system to which the eligible 
        individual seeks to connect has agreed to the connection; and
            ``(C) the connection of the household of the eligible 
        individual to the public water system meets all applicable 
        local and State regulations, requirements, and codes.
        ``(5) Report.--Not later than 3 years after the date of 
    enactment of this subsection, the Administrator shall submit to 
    Congress a report that describes the implementation of the program, 
    which shall include a description of the use and deployment of 
    amounts made available under the program.
        ``(6) Authorization of appropriations.--There is authorized to 
    be appropriated to carry out the program $20,000,000 for each of 
    fiscal years 2022 through 2026.''.
    (c) Competitive Grant Pilot Program.--Section 1459A of the Safe 
Drinking Water Act (42 U.S.C. 300j-19a) (as amended by subsection (b)) 
is amended by adding at the end the following:
    ``(n) State Competitive Grants for Underserved Communities.--
        ``(1) In general.--In addition to amounts authorized to be 
    appropriated under subsection (k), there is authorized to be 
    appropriated to carry out subsections (a) through (j) $50,000,000 
    for each of fiscal years 2022 through 2026 in accordance with 
    paragraph (2).
        ``(2) Competitive grants.--
            ``(A) In general.--Notwithstanding any other provision of 
        this section, the Administrator shall distribute amounts made 
        available under paragraph (1) to States through a competitive 
        grant program.
            ``(B) Applications.--To seek a grant under the competitive 
        grant program under subparagraph (A), a State shall submit to 
        the Administrator an application at such time, in such manner, 
        and containing such information as the Administrator may 
        require.
            ``(C) Criteria.--In selecting recipients of grants under 
        the competitive grant program under subparagraph (A), the 
        Administrator shall establish criteria that give priority to 
        States with a high proportion of underserved communities that 
        meet the condition described in subsection (a)(2)(A).
        ``(3) Report.--Not later than 2 years after the date of 
    enactment of this subsection, the Administrator shall submit to 
    Congress a report that describes the implementation of the 
    competitive grant program under paragraph (2)(A), which shall 
    include a description of the use and deployment of amounts made 
    available under the competitive grant program.
        ``(4) Savings provision.--Nothing in this paragraph affects the 
    distribution of amounts made available under subsection (k), 
    including any methods used by the Administrator for distribution of 
    amounts made available under that subsection as in effect on the 
    day before the date of enactment of this subsection.''.
SEC. 50105. REDUCING LEAD IN DRINKING WATER.
    Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b) 
is amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by striking subparagraph (D) and 
        inserting the following:
            ``(D) a qualified nonprofit organization with experience in 
        lead reduction, as determined by the Administrator; and'';
            (B) in paragraph (2)(A)--
                (i) in clause (i), by striking ``publicly owned''; and
                (ii) by striking clause (iii) and inserting the 
            following:
                ``(iii) providing assistance to eligible entities to 
            replace lead service lines, with priority for disadvantaged 
            communities based on the affordability criteria established 
            by the applicable State under section 1452(d)(3), low-
            income homeowners, and landlords or property owners 
            providing housing to low-income renters.''; and
            (C) in paragraph (3), by striking ``an individual 
        provided'';
        (2) in subsection (b)--
            (A) in paragraph (5)--
                (i) in subparagraph (A), by striking ``to provide 
            assistance'' and all that follows through the period at the 
            end and inserting ``to replace lead service lines, with 
            first priority given to assisting disadvantaged communities 
            based on the affordability criteria established by the 
            applicable State under section 1452(d)(3), low-income 
            homeowners, and landlords or property owners providing 
            housing to low-income renters.''; and
                (ii) in subparagraph (B), by striking ``line'' and 
            inserting ``lines''; and
            (B) in paragraph (6)--
                (i) in subparagraph (A), by striking ``any publicly 
            owned portion of'';
                (ii) in subparagraph (C), in the matter preceding 
            clause (i)--

                    (I) by striking ``may'' and inserting ``shall'';
                    (II) by inserting ``and may, for other 
                homeowners,'' after ``low-income homeowner,''; and
                    (III) by striking ``a cost that'' and all that 
                follows through the semicolon at the end of clause (ii) 
                and inserting ``no cost to the homeowner;'';

                (iii) in subparagraph (D), by striking ``and'' at the 
            end;
                (iv) in subparagraph (E), by striking ``other options'' 
            and all that follows through the period at the end and 
            inserting ``feasible alternatives for reducing the 
            concentration of lead in drinking water, such as corrosion 
            control; and''; and
                (v) by adding at the end the following:
            ``(F) shall notify the State of any planned replacement of 
        lead service lines under this program and coordinate, where 
        practicable, with other relevant infrastructure projects.'';
        (3) in subsection (d)--
            (A) by inserting ``(except for subsection (d))'' after 
        ``this section''; and
            (B) by striking ``$60,000,000 for each of fiscal years 2017 
        through 2021'' and inserting ``$100,000,000 for each of fiscal 
        years 2022 through 2026'';
        (4) by redesignating subsections (d) and (e) as subsections (e) 
    and (f), respectively; and
        (5) by inserting after subsection (c) the following:
    ``(d) Lead Inventorying Utilization Grant Pilot Program.--
        ``(1) Definitions.--In this subsection:
            ``(A) Eligible entity.--The term `eligible entity' means a 
        municipality that is served by a community water system or a 
        nontransient noncommunity water system in which not less than 
        30 percent of the service lines are known, or suspected, to 
        contain lead, based on available data, information, or 
        resources, including existing lead inventorying.
            ``(B) Pilot program.--The term `pilot program' means the 
        pilot program established under paragraph (2).
        ``(2) Establishment.--The Administrator shall establish a pilot 
    program under which the Administrator shall provide grants to 
    eligible entities to carry out lead reduction projects that are 
    demonstrated to exist or are suspected to exist, based on available 
    data, information, or resources, including existing lead 
    inventorying of those eligible entities.
        ``(3) Selection.--
            ``(A) Application.--To be eligible to receive a grant under 
        the pilot program, an eligible entity shall submit to the 
        Administrator an application at such time, in such manner, and 
        containing such information as the Administrator may require.
            ``(B) Prioritization.--In selecting recipients under the 
        pilot program, the Administrator shall give priority to--
                ``(i) an eligible entity that meets the affordability 
            criteria of the applicable State established under section 
            1452(d)(3); and
                ``(ii) an eligible entity that is located in an area 
            other than a State that has established affordability 
            criteria under section 1452(d)(3).
        ``(4) Report.--Not later 2 years after the Administrator first 
    awards a grant under the pilot program, the Administrator shall 
    submit to the Committee on Environment and Public Works of the 
    Senate and the Committee on Energy and Commerce of the House of 
    Representatives a report describing--
            ``(A) the recipients of grants under the pilot program;
            ``(B) the existing lead inventorying that was available to 
        recipients of grants under the pilot program; and
            ``(C) how useful and accurate the lead inventorying 
        described in subparagraph (B) was in locating lead service 
        lines of the eligible entity.
        ``(5) Authorization of appropriations.--There is authorized to 
    be appropriated to carry out the pilot program $10,000,000, to 
    remain available until expended.''.
SEC. 50106. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER SYSTEMS.
    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is 
amended by adding at the end the following:
``SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER SYSTEMS.
    ``(a) Definitions.--In this section:
        ``(1) Eligible entity.--The term `eligible entity' means--
            ``(A) a State;
            ``(B) a unit of local government;
            ``(C) a public corporation established by a unit of local 
        government to provide water service;
            ``(D) a nonprofit corporation, public trust, or cooperative 
        association that owns or operates a public water system;
            ``(E) an Indian Tribe that owns or operates a public water 
        system;
            ``(F) a nonprofit organization that provides technical 
        assistance to public water systems; and
            ``(G) a Tribal consortium.
        ``(2) Operational sustainability.--The term `operational 
    sustainability' means the ability to improve the operation of a 
    small system through the identification and prevention of potable 
    water loss due to leaks, breaks, and other metering or 
    infrastructure failures.
        ``(3) Program.--The term `program' means the grant program 
    established under subsection (b).
        ``(4) Small system.--The term `small system', for the purposes 
    of this section, means a public water system that--
            ``(A) serves fewer than 10,000 people; and
            ``(B) is owned or operated by--
                ``(i) a unit of local government;
                ``(ii) a public corporation;
                ``(iii) a nonprofit corporation;
                ``(iv) a public trust;
                ``(v) a cooperative association; or
                ``(vi) an Indian Tribe.
    ``(b) Establishment.--Subject to the availability of 
appropriations, the Administrator shall establish a program to award 
grants to eligible entities for the purpose of improving the 
operational sustainability of 1 or more small systems.
    ``(c) Applications.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Administrator an 
application at such time, in such manner, and containing such 
information as the Administrator may require, including--
        ``(1) a proposal of the project to be carried out using grant 
    funds under the program;
        ``(2) documentation provided by the eligible entity describing 
    the deficiencies or suspected deficiencies in operational 
    sustainability of 1 or more small systems that are to be addressed 
    through the proposed project;
        ``(3) a description of how the proposed project will improve 
    the operational sustainability of 1 or more small systems;
        ``(4) a description of how the improvements described in 
    paragraph (3) will be maintained beyond the life of the proposed 
    project, including a plan to maintain and update any asset data 
    collected as a result of the proposed project; and
        ``(5) any additional information the Administrator may require.
    ``(d) Additional Required Information.--Before the award of funds 
for a grant under the program to a grant recipient, the grant recipient 
shall submit to the Administrator--
        ``(1) if the grant recipient is located in a State that has 
    established a State drinking water treatment revolving loan fund 
    under section 1452, a copy of a written agreement between the grant 
    recipient and the State in which the grant recipient agrees to 
    provide a copy of any data collected under the proposed project to 
    the State agency administering the State drinking water treatment 
    revolving loan fund (or a designee); or
        ``(2) if the grant recipient is located in an area other than a 
    State that has established a State drinking water treatment 
    revolving loan fund under section 1452, a copy of a written 
    agreement between the grant recipient and the Administrator in 
    which the eligible entity agrees to provide a copy of any data 
    collected under the proposed project to the Administrator (or a 
    designee).
    ``(e) Use of Funds.--An eligible entity that receives a grant under 
the program shall use the grant funds to carry out projects that 
improve the operational sustainability of 1 or more small systems 
through--
        ``(1) the development of a detailed asset inventory, which may 
    include drinking water sources, wells, storage, valves, treatment 
    systems, distribution lines, hydrants, pumps, controls, and other 
    essential infrastructure;
        ``(2) the development of an infrastructure asset map, including 
    a map that uses technology such as--
            ``(A) geographic information system software; and
            ``(B) global positioning system software;
        ``(3) the deployment of leak detection technology;
        ``(4) the deployment of metering technology;
        ``(5) training in asset management strategies, techniques, and 
    technologies for appropriate staff employed by--
            ``(A) the eligible entity; or
            ``(B) the small systems for which the grant was received;
        ``(6) the deployment of strategies, techniques, and 
    technologies to enhance the operational sustainability and 
    effective use of water resources through water reuse; and
        ``(7) the development or deployment of other strategies, 
    techniques, or technologies that the Administrator may determine to 
    be appropriate under the program.
    ``(f) Cost Share.--
        ``(1) In general.--Subject to paragraph (2), the Federal share 
    of the cost of a project carried out using a grant under the 
    program shall be 90 percent of the total cost of the project.
        ``(2) Waiver.--The Administrator may increase the Federal share 
    under paragraph (1) to 100 percent.
    ``(g) Report.--Not later than 2 years after the date of enactment 
of this section, the Administrator shall submit to Congress a report 
that describes the implementation of the program, which shall include a 
description of the use and deployment of amounts made available under 
the program.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2022 through 2026.''.
SEC. 50107. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE 
RESILIENCE AND SUSTAINABILITY PROGRAM.
    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as 
amended by section 50106) is amended by adding at the end the 
following:
``SEC. 1459F. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE 
RESILIENCE AND SUSTAINABILITY PROGRAM.
    ``(a) Definitions.--In this section:
        ``(1) Eligible entity.--The term `eligible entity' means a 
    public water system that serves a community with a population of 
    10,000 or more.
        ``(2) Natural hazard; resilience.--The terms `resilience' and 
    `natural hazard' have the meanings given those terms in section 
    1433(h).
        ``(3) Resilience and sustainability program.--The term 
    `resilience and sustainability program' means the Midsize and Large 
    Drinking Water System Infrastructure Resilience and Sustainability 
    Program established under subsection (b).
    ``(b) Establishment.--The Administrator shall establish and carry 
out a program, to be known as the `Midsize and Large Drinking Water 
System Infrastructure Resilience and Sustainability Program', under 
which the Administrator, subject to the availability of appropriations 
for the resilience and sustainability program, shall award grants to 
eligible entities for the purpose of--
        ``(1) increasing resilience to natural hazards and extreme 
    weather events; and
        ``(2) reducing cybersecurity vulnerabilities.
    ``(c) Use of Funds.--An eligible entity may only use grant funds 
received under the resilience and sustainability program to assist in 
the planning, design, construction, implementation, operation, or 
maintenance of a program or project that increases resilience to 
natural hazards and extreme weather events, or reduces cybersecurity 
vulnerabilities, through--
        ``(1) the conservation of water or the enhancement of water-use 
    efficiency;
        ``(2) the modification or relocation of existing drinking water 
    system infrastructure made, or that is at risk of being, 
    significantly impaired by natural hazards or extreme weather 
    events, including risks to drinking water from flooding;
        ``(3) the design or construction of new or modified 
    desalination facilities to serve existing communities;
        ``(4) the enhancement of water supply through the use of 
    watershed management and source water protection;
        ``(5) the enhancement of energy efficiency or the use and 
    generation of renewable energy in the conveyance or treatment of 
    drinking water;
        ``(6) the development and implementation of measures--
            ``(A) to increase the resilience of the eligible entity to 
        natural hazards and extreme weather events; or
            ``(B) to reduce cybersecurity vulnerabilities;
        ``(7) the conservation of water or the enhancement of a water 
    supply through the implementation of water reuse measures; or
        ``(8) the formation of regional water partnerships to 
    collaboratively address documented water shortages.
    ``(d) Application.--To seek a grant under the resilience and 
sustainability program, an eligible entity shall submit to the 
Administrator an application at such time, in such manner, and 
containing such information as the Administrator may require, 
including--
        ``(1) a proposal of the program or project to be planned, 
    designed, constructed, implemented, operated, or maintained by the 
    eligible entity;
        ``(2) an identification of the natural hazard risks, extreme 
    weather events, or potential cybersecurity vulnerabilities, as 
    applicable, to be addressed by the proposed program or project;
        ``(3) documentation prepared by a Federal, State, regional, or 
    local government agency of the natural hazard risk, potential 
    cybersecurity vulnerability, or risk for extreme weather events to 
    the area where the proposed program or project is to be located;
        ``(4) a description of any recent natural hazards, 
    cybersecurity events, or extreme weather events that have affected 
    the community water system of the eligible entity;
        ``(5) a description of how the proposed program or project 
    would improve the performance of the community water system of the 
    eligible entity under the anticipated natural hazards, 
    cybersecurity vulnerabilities, or extreme weather events; and
        ``(6) an explanation of how the proposed program or project is 
    expected--
            ``(A) to enhance the resilience of the community water 
        system of the eligible entity to the anticipated natural 
        hazards or extreme weather events; or
            ``(B) to reduce cybersecurity vulnerabilities.
    ``(e) Report.--Not later than 2 years after the date of enactment 
of this section, the Administrator shall submit to Congress a report 
that describes the implementation of the resilience and sustainability 
program, which shall include a description of the use and deployment of 
amounts made available to carry out the resilience and sustainability 
program.
    ``(f) Authorization of Appropriations.--
        ``(1) In general.--There is authorized to be appropriated to 
    carry out the resilience and sustainability program $50,000,000 for 
    each of fiscal years 2022 through 2026.
        ``(2) Use of funds.--Of the amounts made available under 
    paragraph (1) for grants to eligible entities under the resilience 
    and sustainability program--
            ``(A) 50 percent shall be used to provide grants to 
        eligible entities that serve a population of--
                ``(i) equal to or greater than 10,000; and
                ``(ii) fewer than 100,000; and
            ``(B) 50 percent shall be used to provide grants to 
        eligible entities that serve a population equal to or greater 
        than 100,000.
        ``(3) Administrative costs.--Of the amounts made available 
    under paragraph (1), not more than 2 percent may be used by the 
    Administrator for the administrative costs of carrying out the 
    resilience and sustainability program.''.
SEC. 50108. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME 
COMMUNITY WATER ASSISTANCE.
    (a) Definitions.--In this section and section 50109:
        (1) Community water system.--The term ``community water 
    system'' has the meaning given the term in section 1401 of the Safe 
    Drinking Water Act (42 U.S.C. 300f).
        (2) Large water service provider.--The term ``large water 
    service provider'' means a community water system, treatment works, 
    or municipal separate storm sewer system that serves more than 
    100,000 people.
        (3) Medium water service provider.--The term ``medium water 
    service provider'' means a community water system, treatment works, 
    or municipal separate storm sewer system that serves more than 
    10,000 people and not more than 100,000 people.
        (4) Need.--The term ``need'', with respect to a qualifying 
    household, means the expenditure of a disproportionate amount of 
    household income on access to public drinking water or wastewater 
    services.
        (5) Qualifying household.--The term ``qualifying household'' 
    means a household that--
            (A) includes an individual who is--
                (i) the holder of an account for drinking water or 
            wastewater service that is provided to that household by a 
            large water service provider, a medium water service 
            provider, or a rural water service provider; or
                (ii) separately billed by a landlord that holds an 
            account with a large water service provider, a medium water 
            service provider, or a rural water service provider for the 
            cost of drinking water or wastewater service provided to 
            that household by the respective large water service 
            provider, medium water service provider, or rural water 
            service provider; and
            (B) is determined--
                (i) by a large water service provider, a medium water 
            service provider, or a rural water service provider to be 
            eligible for assistance through a low-income ratepayer 
            assistance program;
                (ii) by the Governor of the State in which the 
            household is located to be low-income, based on the 
            affordability criteria established by the State under 
            section 1452(d)(3) of the Safe Drinking Water Act (42 
            U.S.C. 300j-12(d)(3));
                (iii) by the Administrator to experience drinking water 
            and wastewater service costs that exceed the metrics of 
            affordability established in the most recent guidance of 
            the Administrator entitled ``Financial Capability 
            Assessment Guidance''; or
                (iv) in the case of a household serviced by a rural 
            water service provider, by the State in which the household 
            is located to have an annual income that does not exceed 
            the greater of--

                    (I) an amount equal to 150 percent of the poverty 
                level of that State; and
                    (II) an amount equal to 60 percent of the State 
                median income for that State.

        (6) Rural water service provider.--The term ``rural water 
    service provider'' means a community water system, treatment works, 
    or municipal separate storm sewer system that serves not more than 
    10,000 people.
        (7) Treatment works.--The term ``treatment works'' has the 
    meaning given the term in section 212 of the Federal Water 
    Pollution Control Act (33 U.S.C. 1292).
    (b) Study; Report.--
        (1) In general.--The Administrator shall conduct, and submit to 
    Congress a report describing the results of, a study that examines 
    the prevalence throughout the United States of municipalities, 
    public entities, or Tribal governments that--
            (A) are serviced by rural water service providers, medium 
        water service providers, or large water service providers that 
        service a disproportionate percentage, as determined by the 
        Administrator, of qualifying households with need; or
            (B) as determined by the Administrator, have taken on an 
        unsustainable level of debt due to customer nonpayment for the 
        services provided by a large water service provider, a medium 
        water service provider, or a rural water service provider.
        (2) Affordability inclusions.--The report under paragraph (1) 
    shall include--
            (A) a definition of the term ``affordable access to water 
        services'';
            (B) a description of the criteria used in defining 
        ``affordable access to water services'' under subparagraph (A);
            (C) a definition of the term ``lack of affordable access to 
        water services'';
            (D) a description of the methodology and criteria used in 
        defining ``lack of affordable access to water services'' under 
        subparagraph (C);
            (E) a determination of the prevalence of a lack of 
        affordable access to water services, as defined under 
        subparagraph (C);
            (F) the methodology and criteria used to determine the 
        prevalence of a lack of affordable access to water services 
        under subparagraph (E);
            (G) any additional information with respect to the 
        affordable access to water services, as defined under 
        subparagraph (A), provided by rural water service providers, 
        medium water service providers, and large water service 
        providers;
            (H) with respect to the development of the report, a 
        consultation with all relevant stakeholders, including rural 
        advocacy associations;
            (I) recommendations of the Administrator regarding the best 
        methods to reduce the prevalence of a lack of affordable access 
        to water services, as defined under subparagraph (C); and
            (J) a description of the cost of each method described in 
        subparagraph (I).
        (3) Agreements.--The Administrator may enter into an agreement 
    with another Federal agency to carry out the study under paragraph 
    (1).
SEC. 50109. RURAL AND LOW-INCOME WATER ASSISTANCE PILOT PROGRAM.
    (a) Definitions.--In this section:
        (1) Eligible entity.--The term ``eligible entity'' means--
            (A) a municipality, Tribal government, or other entity 
        that--
                (i) owns or operates a community water system, 
            treatment works, or municipal separate storm sewer system; 
            or
                (ii) as determined by the Administrator, has taken on 
            an unsustainable level of debt due to customer nonpayment 
            for the services provided by a community water system, 
            treatment works, or municipal separate storm sewer system; 
            and
            (B) a State exercising primary enforcement responsibility 
        over a rural water service provider under the Safe Drinking 
        Water Act (42 U.S.C. 300f et seq.) or the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable.
        (2) Pilot program.--The term ``pilot program'' means the pilot 
    program established by the Administrator under subsection (b)(1).
        (3) Water services needs assessment.--The term ``water services 
    needs assessment'' means the report required under section 
    50108(b)(1).
    (b) Establishment.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Administrator shall establish a pilot 
    program to award grants to eligible entities to develop and 
    implement programs to assist qualifying households with need in 
    maintaining access to drinking water and wastewater treatment.
        (2) Requirement.--In establishing the pilot program, the 
    Administrator shall ensure that data from the water services needs 
    assessment directly contributes to the structure of the pilot 
    program by informing the types of assistance and criteria used for 
    priority consideration with the demonstrated need from the study 
    conducted under section 50108(b)(1) and the water services needs 
    assessment.
        (3) Use of funds limitations.--A grant under the pilot 
    program--
            (A) shall not be used to replace funds for any existing 
        similar program; but
            (B) may be used to supplement or enhance an existing 
        program, including a program that receives assistance from 
        other Federal grants.
        (4) Term.--The term of a grant awarded under the pilot program 
    shall be subject to the availability of appropriations.
        (5) Types of assistance.--In establishing the pilot program, 
    the Administrator may include provisions for--
            (A) direct financial assistance;
            (B) a lifeline rate;
            (C) bill discounting;
            (D) special hardship provisions;
            (E) a percentage-of-income payment plan; or
            (F) debt relief for the eligible entity or the community 
        water system owned by the eligible entity for debt that is due 
        to customer nonpayment for the services provided by the 
        eligible entity or the community water system that is 
        determined by the Administrator to be in the interest of public 
        health.
        (6) Requirement.--The Administrator shall award not more than 
    40 grants under the pilot program, of which--
            (A) not more than 8 shall be to eligible entities that own, 
        operate, or exercise primary enforcement responsibility over a 
        rural water service provider under the Safe Drinking Water Act 
        (42 U.S.C. 300f et seq.) or the Federal Water Pollution Control 
        Act (33 U.S.C. 1251 et seq.), as applicable;
            (B) not more than 8 shall be to eligible entities that own 
        or operate a medium water service provider;
            (C) not more than 8 shall be to eligible entities that own 
        or operate a large water service provider that serves not more 
        than 500,000 people;
            (D) not more than 8 shall be to eligible entities that own 
        or operate a large water service provider that serves more than 
        500,000 people; and
            (E) not more than 8 shall be to eligible entities that own 
        or operate a community water system, treatment works, or 
        municipal separate storm sewer system that services a 
        disadvantaged community (consistent with the affordability 
        criteria established by the applicable State under section 
        1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
        12(d)(3)) or section 603(i)(2) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1383(i)(2)), as applicable).
        (7) Criteria.--In addition to any priority criteria established 
    by the Administrator in response to the findings in the water 
    services needs assessment, in awarding grants under the pilot 
    program, the Administrator shall give priority consideration to 
    eligible entities that--
            (A) serve a disproportionate percentage, as determined by 
        the Administrator, of qualifying households with need, as 
        identified in the water services needs assessment;
            (B) are subject to State or Federal enforcement actions 
        relating to compliance with the Federal Water Pollution Control 
        Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act (42 
        U.S.C. 300f et seq.); or
            (C) maintain or participate in an existing community 
        assistance program with objectives similar to the objectives of 
        the pilot program, as determined by the Administrator.
        (8) Reporting requirements.--
            (A) In general.--In addition to any other applicable 
        Federal or agency-specific grant reporting requirements, as a 
        condition of receiving a grant under the pilot program, an 
        eligible entity (or a State, on behalf of an eligible entity) 
        shall submit to the Administrator an annual report that 
        summarizes, in a manner determined by the Administrator, the 
        use of grant funds by the eligible entity, including--
                (i) key features of the assistance provided by the 
            eligible entity;
                (ii) sources of funding used to supplement Federal 
            funds; and
                (iii) eligibility criteria.
            (B) Publication.--The Administrator shall publish each 
        report submitted under subparagraph (A).
    (c) Technical Assistance.--The Administrator shall provide 
technical assistance to each eligible entity, and each State, on behalf 
of an eligible entity, that receives a grant under the pilot program to 
support implementation of the program.
    (d) Report.--Not later than 2 years after the date on which grant 
funds are first disbursed to an eligible entity (or a State, on behalf 
of an eligible entity) under the program, and every year thereafter for 
the duration of the terms of the grants, the Administrator shall submit 
to Congress a report on the results of the pilot program.
SEC. 50110. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.
    Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is 
amended--
        (1) in subsection (b)--
            (A) in the first sentence, by inserting ``public water 
        systems and'' after ``to assist''; and
            (B) in the third sentence, by inserting ``public water 
        systems,'' after ``schools,''; and
        (2) in subsection (d)--
            (A) in the subsection heading, by inserting ``and 
        Reduction'' after ``Lead Testing'';
            (B) in paragraph (2)--
                (i) in subparagraph (A), by striking ``the 
            Administrator'' and all that follows through the period at 
            the end and inserting the following: ``the Administrator 
            shall establish a voluntary school and child care program 
            lead testing, compliance monitoring, and lead reduction 
            grant program to make grants available to--
                ``(i) States to assist local educational agencies, 
            public water systems that serve schools and child care 
            programs under the jurisdiction of those local educational 
            agencies, and qualified nonprofit organizations in 
            voluntary testing or compliance monitoring for and 
            remediation of lead contamination in drinking water at 
            schools and child care programs under the jurisdiction of 
            those local educational agencies; and
                ``(ii) tribal consortia to assist tribal education 
            agencies (as defined in section 3 of the National 
            Environmental Education Act (20 U.S.C. 5502)), public water 
            systems that serve schools and child care programs under 
            the jurisdiction of those tribal education agencies, and 
            qualified nonprofit organizations in voluntary testing or 
            compliance monitoring for and remediation of lead 
            contamination in drinking water at schools and child care 
            programs under the jurisdiction of those tribal education 
            agencies.''; and
                (ii) in subparagraph (B)--

                    (I) in the matter preceding clause (i), by 
                inserting ``or compliance monitoring for or remediation 
                of lead contamination'' after ``voluntary testing'';
                    (II) in clause (i), by striking ``or'' at the end;
                    (III) in clause (ii), by striking the period at the 
                end and inserting a semicolon; and
                    (IV) by adding at the end the following:

                ``(iii) any public water system that is located in a 
            State that does not participate in the voluntary grant 
            program established under subparagraph (A) that--

                    ``(I) assists schools or child care programs in 
                lead testing;
                    ``(II) assists schools or child care programs with 
                compliance monitoring;
                    ``(III) assists schools with carrying out projects 
                to remediate lead contamination in drinking water; or
                    ``(IV) provides technical assistance to schools or 
                child care programs in carrying out lead testing; or

                ``(iv) a qualified nonprofit organization, as 
            determined by the Administrator.'';
            (C) in paragraphs (3), (5), (6), and (7), by striking 
        ``State or local educational agency'' each place it appears and 
        inserting ``State, local educational agency, public water 
        system, tribal consortium, or qualified nonprofit 
        organization'';
            (D) in paragraph (4)--
                (i) by striking ``States and local educational 
            agencies'' and inserting ``States, local educational 
            agencies, public water systems, tribal consortia, and 
            qualified nonprofit organizations''; and
                (ii) by inserting ``or the remediation of'' after 
            ``testing for'';
            (E) in paragraph (6)--
                (i) in the matter preceding subparagraph (A)--

                    (I) by striking ``State or local educational 
                agency'' and inserting ``State, local educational 
                agency, public water system, tribal consortium, or 
                qualified nonprofit agency''; and
                    (II) by inserting ``, public water system, tribal 
                consortium, or qualified nonprofit organization'' after 
                ``each local educational agency'';

                (ii) in subparagraph (A)(ii)--

                    (I) by inserting ``or tribal'' after ``applicable 
                State''; and
                    (II) by striking ``reducing lead'' and inserting 
                ``voluntary testing or compliance monitoring for and 
                remediation of lead contamination''; and

                (iii) in subparagraph (B)(i), by inserting 
            ``applicable'' before ``local educational agency'';
            (F) in paragraph (7), by striking ``testing for'' and 
        inserting ``testing or compliance monitoring for or remediation 
        of''; and
            (G) by striking paragraph (8) and inserting the following:
        ``(8) Authorization of appropriations.--There are authorized to 
    be appropriated to carry out this subsection--
            ``(A) $30,000,000 for fiscal year 2022;
            ``(B) $35,000,000 for fiscal year 2023;
            ``(C) $40,000,000 for fiscal year 2024;
            ``(D) $45,000,000 for fiscal year 2025; and
            ``(E) $50,000,000 for fiscal year 2026.''.
SEC. 50111. INDIAN RESERVATION DRINKING WATER PROGRAM.
    Section 2001 of the America's Water Infrastructure Act of 2018 (42 
U.S.C. 300j-3c note; Public Law 115-270) is amended--
        (1) in subsection (a)--
            (A) in the matter preceding paragraph (1), by striking 
        ``Subject to the availability of appropriations, the 
        Administrator of the Environmental Protection Agency'' and 
        inserting ``The Administrator of the Environmental Protection 
        Agency (referred to in this section as the `Administrator')''; 
        and
            (B) by striking ``to implement'' in the matter preceding 
        paragraph (1) and all that follows through the period at the 
        end of paragraph (2) and inserting ``to implement eligible 
        projects described in subsection (b).'';
        (2) in subsection (b), by striking paragraph (2) and inserting 
    the following:
        ``(2) that will--
            ``(A) improve water quality, water pressure, or water 
        services through means such as connecting to, expanding, 
        repairing, improving, or obtaining water from a public water 
        system (as defined in section 1401 of the Safe Drinking Water 
        Act (42 U.S.C. 300f)); or
            ``(B) improve water quality or sanitation or wastewater 
        services at a treatment works (as defined in section 212 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1292)).'';
        (3) by redesignating subsection (d) as subsection (g);
        (4) by striking subsection (c) and inserting the following:
    ``(c) Required Projects.--
        ``(1) In general.--If sufficient projects exist, of the funds 
    made available to carry out this section, the Administrator shall 
    use 50 percent to carry out--
            ``(A) 10 eligible projects described in subsection (b) that 
        are within the Upper Missouri River Basin;
            ``(B) 10 eligible projects described in subsection (b) that 
        are within the Upper Rio Grande Basin;
            ``(C) 10 eligible projects described in subsection (b) that 
        are within the Columbia River Basin;
            ``(D) 10 eligible projects described in subsection (b) that 
        are within the Lower Colorado River Basin; and
            ``(E) 10 eligible projects described in subsection (b) that 
        are within the Arkansas-White-Red River Basin.
        ``(2) Requirement.--In carrying out paragraph (1)(A), the 
    Administrator shall select not fewer than 2 eligible projects for a 
    reservation that serves more than 1 federally recognized Indian 
    Tribe.
    ``(d) Priority.--In selecting projects to carry out under this 
section, the Administrator shall give priority to projects that--
        ``(1) respond to emergency situations occurring due to or 
    resulting in a lack of access to clean drinking water that 
    threatens the health of Tribal populations;
        ``(2) would serve a Tribal population that would qualify as a 
    disadvantaged community based on the affordability criteria 
    established by the applicable State under section 1452(d)(3) of the 
    Safe Drinking Water Act (42 U.S.C. 300j-12(d)(3)); or
        ``(3) would address the underlying factors contributing to--
            ``(A) an enforcement action commenced pursuant to the Safe 
        Drinking Water Act (42 U.S.C. 300f et seq.) against the 
        applicable public water system (as defined in section 1401 of 
        that Act (42 U.S.C. 300f)) as of the date of enactment of this 
        subparagraph; or
            ``(B) an enforcement action commenced pursuant to the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
        against the applicable treatment works (as defined in section 
        212 of that Act (33 U.S.C. 1292)) as of the date of enactment 
        of this subparagraph.
    ``(e) Federal Share.--The Federal share of the cost of a project 
carried out under this section shall be 100 percent.
    ``(f) Report.--Not later than 2 years after the date of enactment 
of this subsection, the Administrator shall submit to Congress a report 
that describes the implementation of the program established under 
subsection (a), which shall include a description of the use and 
deployment of amounts made available under that program.''; and
        (5) in subsection (g) (as so redesignated)--
            (A) by striking ``There is'' and inserting ``There are'';
            (B) by striking ``subsection (a) $20,000,000'' and 
        inserting the following: ``subsection (a)--
        ``(1) $20,000,000'';
            (C) in paragraph (1) (as so designated), by striking 
        ``2022.'' and inserting ``2021; and''; and
            (D) by adding at the end the following:
        ``(2) $50,000,000 for each of fiscal years 2022 through 
    2026.''.
SEC. 50112. ADVANCED DRINKING WATER TECHNOLOGIES.
    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as 
amended by section 50107) is amended by adding at the end the 
following:
``SEC. 1459G. ADVANCED DRINKING WATER TECHNOLOGIES.
    ``(a) Study.--
        ``(1) In general.--Subject to the availability of 
    appropriations, not later than 1 year after the date of enactment 
    of this section, the Administrator shall carry out a study that 
    examines the state of existing and potential future technology, 
    including technology that could address cybersecurity 
    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 shall award 
    grants to eligible entities for the purpose of identifying, 
    deploying, or identifying and deploying technologies described in 
    paragraph (1)(A)(ii).
        ``(3) Requirements.--
            ``(A) Applications.--To be eligible to receive a grant 
        under the program, an eligible entity shall submit to the 
        Administrator an application at such time, in such manner, and 
        containing such information as the Administrator may require.
            ``(B) Federal share.--
                ``(i) In general.--Subject to clause (ii), the Federal 
            share of the cost of a project carried out using a grant 
            under the program shall not exceed 90 percent of the total 
            cost of the project.
                ``(ii) Waiver.--The Administrator may increase the 
            Federal share under clause (i) to 100 percent if the 
            Administrator determines that an eligible entity is unable 
            to pay, or would experience significant financial hardship 
            if required to pay, the non-Federal share.
        ``(4) Report.--Not later than 2 years after the date on which 
    the Administrator first awards a grant under the program, and 
    annually thereafter, the Administrator shall submit to Congress a 
    report describing--
            ``(A) each recipient of a grant under the program during 
        the previous 1-year period; and
            ``(B) a summary of the activities carried out using grants 
        awarded under the program.
        ``(5) Funding.--
            ``(A) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the program $10,000,000 for 
        each of fiscal years 2022 through 2026, to remain available 
        until expended.
            ``(B) Administrative costs.--Not more than 2 percent of the 
        amount made available for a fiscal year under subparagraph (A) 
        to carry out the program may be used by the Administrator for 
        the administrative costs of carrying out the program.''.
SEC. 50113. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
    Part B of the Safe Drinking Water Act (42 U.S.C. 300g et seq.) is 
amended by adding at the end the following:
``SEC. 1420A. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
    ``(a) Definitions.--In this section:
        ``(1) Appropriate congressional committees.--The term 
    `appropriate Congressional committees' means--
            ``(A) the Committee on Environment and Public Works of the 
        Senate;
            ``(B) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            ``(C) the Committee on Energy and Commerce of the House of 
        Representatives; and
            ``(D) the Committee on Homeland Security of the House of 
        Representatives.
        ``(2) Director.--The term `Director' means the Director of the 
    Cybersecurity and Infrastructure Security Agency.
        ``(3) Incident.--The term `incident' has the meaning given the 
    term in section 3552 of title 44, United States Code.
        ``(4) Prioritization framework.--The term `Prioritization 
    Framework' means the prioritization framework developed by the 
    Administrator under subsection (b)(1)(A).
        ``(5) Support plan.--The term `Support Plan' means the 
    Technical Cybersecurity Support Plan developed by the Administrator 
    under subsection (b)(2)(A).
    ``(b) Identification of and Support for Public Water Systems.--
        ``(1) Prioritization framework.--
            ``(A) In general.--Not later than 180 days after the date 
        of enactment of this section, the Administrator, in 
        coordination with the Director, shall develop a prioritization 
        framework to identify public water systems (including sources 
        of water for those public water systems) that, if degraded or 
        rendered inoperable due to an incident, would lead to 
        significant impacts on the health and safety of the public.
            ``(B) Considerations.--In developing the Prioritization 
        Framework, to the extent practicable, the Administrator shall 
        incorporate consideration of--
                ``(i) whether cybersecurity vulnerabilities for a 
            public water system have been identified under section 
            1433;
                ``(ii) the capacity of a public water system to 
            remediate a cybersecurity vulnerability without additional 
            Federal support;
                ``(iii) whether a public water system serves a defense 
            installation or critical national security asset; and
                ``(iv) whether a public water system, if degraded or 
            rendered inoperable due to an incident, would cause a 
            cascading failure of other critical infrastructure.
        ``(2) Technical cybersecurity support plan.--
            ``(A) In general.--Not later than 270 days after the date 
        of enactment of this section, the Administrator, in 
        coordination with the Director and using existing authorities 
        of the Administrator and the Director for providing voluntary 
        support to public water systems and the Prioritization 
        Framework, shall develop a Technical Cybersecurity Support Plan 
        for public water systems.
            ``(B) Requirements.--The Support Plan--
                ``(i) shall establish a methodology for identifying 
            specific public water systems for which cybersecurity 
            support should be prioritized;
                ``(ii) shall establish timelines for making voluntary 
            technical support for cybersecurity available to specific 
            public water systems;
                ``(iii) may include public water systems identified by 
            the Administrator, in coordination with the Director, as 
            needing technical support for cybersecurity;
                ``(iv) shall include specific capabilities of the 
            Administrator and the Director that may be utilized to 
            provide support to public water systems under the Support 
            Plan, including--

                    ``(I) site vulnerability and risk assessments;
                    ``(II) penetration tests; and
                    ``(III) any additional support determined to be 
                appropriate by the Administrator; and

                ``(v) shall only include plans for providing voluntary 
            support to public water systems.
        ``(3) Consultation required.--In developing the Prioritization 
    Framework pursuant to paragraph (1) and the Support Plan pursuant 
    to paragraph (2), the Administrator shall consult with such Federal 
    or non-Federal entities as determined to be appropriate by the 
    Administrator.
        ``(4) Reports required.--
            ``(A) Prioritization framework.--Not later than 190 days 
        after the date of enactment of this section, the Administrator 
        shall submit to the appropriate Congressional committees a 
        report describing the Prioritization Framework.
            ``(B) Technical cybersecurity support plan.--Not later than 
        280 days after the date of enactment of this section, the 
        Administrator shall submit to the appropriate Congressional 
        committees--
                ``(i) the Support Plan; and
                ``(ii) a list describing any public water systems 
            identified by the Administrator, in coordination with the 
            Director, as needing technical support for cybersecurity 
            during the development of the Support Plan.
    ``(c) Rules of Construction.--Nothing in this section--
        ``(1) alters the existing authorities of the Administrator; or
        ``(2) compels a public water system to accept technical support 
    offered by the Administrator.''.
SEC. 50114. STATE RESPONSE TO CONTAMINANTS.
    Section 1459A(j)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
19a(j)(1)) is amended--
        (1) in the matter preceding subparagraph (A), by striking ``an 
    underserved community'' and inserting ``a community described in 
    subsection (c)(2)''; and
        (2) in subparagraph (A)(i), by striking ``such underserved'' 
    and inserting ``that''.
SEC. 50115. ANNUAL STUDY ON BOIL WATER ADVISORIES.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Administrator shall conduct a 
study on the prevalence of boil water advisories issued in the United 
States.
    (b) Report.--
        (1) In general.--The Administrator shall submit to Congress a 
    report describing the results of the most recent study conducted 
    under subsection (a) as part of the annual budget request 
    transmitted to Congress under section 1105(a) of title 31, United 
    States Code.
        (2) Requirement.--In the annual report required under paragraph 
    (1), the Administrator shall include a description of the reasons 
    for which boil water advisories were issued during the year covered 
    by the report.

                         TITLE II--CLEAN WATER

SEC. 50201. RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION.
    (a) Reauthorization.--Section 104(u) of the Federal Water Pollution 
Control Act (33 U.S.C. 1254(u)) is amended--
        (1) by striking ``and (7)'' and inserting ``(7)''; and
        (2) in paragraph (7)--
            (A) by striking ``2023'' and inserting ``2021''; and
            (B) by striking the period at the end and inserting ``; and 
        (8) not to exceed $75,000,000 for each of fiscal years 2022 
        through 2026 for carrying out subsections (b)(3), (b)(8), and 
        (g), of which not less than $50,000,000 each fiscal year shall 
        be used to carry out subsection (b)(8).''.
    (b) Communication.--Each nonprofit organization that receives 
funding under paragraph (8) of section 104(b) of the Federal Water 
Pollution Control Act (33 U.S.C. 1254(b)) shall, before using that 
funding to undertake activities to carry out that paragraph, consult 
with the State in which the assistance is to be expended or otherwise 
made available.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Administrator shall submit to Congress a report that 
describes the implementation of the grants authorized under subsections 
(b)(3), (b)(8), and (g) of section 104 of the Federal Water Pollution 
Control Act (33 U.S.C. 1254), which shall include a description of the 
grant recipients and grant amounts made available to carry out those 
subsections.
SEC. 50202. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) is amended by adding at the end the following:
    ``SEC. 222. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
    ``(a) Establishment.--Subject to the availability of 
appropriations, the Administrator shall establish a wastewater 
efficiency grant pilot program (referred to in this section as the 
`pilot program') to award grants to owners or operators of publicly 
owned treatment works to carry out projects that create or improve 
waste-to-energy systems.
    ``(b) Selection.--
        ``(1) Applications.--To be eligible to receive a grant under 
    the pilot program, an owner or operator of a treatment works shall 
    submit to the Administrator an application at such time, in such 
    manner, and containing such information as the Administrator may 
    require.
        ``(2) Number of recipients.--The Administrator shall select not 
    more than 15 recipients of grants under the pilot program from 
    applications submitted under paragraph (1).
    ``(c) Use of Funds.--
        ``(1) In general.--Subject to paragraph (2), a recipient of a 
    grant under the pilot program may use grant funds for--
            ``(A) sludge collection;
            ``(B) installation of anaerobic digesters;
            ``(C) methane capture;
            ``(D) methane transfer;
            ``(E) facility upgrades and retrofits necessary to create 
        or improve waste-to-energy systems; and
            ``(F) other new and emerging, but proven, technologies that 
        transform waste to energy.
        ``(2) Limitation.--A grant to a recipient under the pilot 
    program shall be not more than $4,000,000.
    ``(d) Reports.--
        ``(1) Report to the administrator.--Not later than 2 years 
    after receiving a grant under the pilot program and each year 
    thereafter for which amounts are made available for the pilot 
    program under subsection (e), the recipient of the grant shall 
    submit to the Administrator a report describing the impact of that 
    project on the communities within 3 miles of the treatment works.
        ``(2) Report to congress.--Not later than 1 year after first 
    awarding grants under the pilot program and each year thereafter 
    for which amounts are made available for the pilot program under 
    subsection (e), the Administrator shall submit to Congress a report 
    describing--
            ``(A) the applications received by the Administrator for 
        grants under the pilot program; and
            ``(B) the projects for which grants were awarded under the 
        pilot program.
    ``(e) Authorization of Appropriations.--
        ``(1) In general.--There is authorized to be appropriated to 
    carry out the pilot program $20,000,000 for each of fiscal years 
    2022 through 2026, to remain available until expended.
        ``(2) Limitation on use of funds.--Of the amounts made 
    available for grants under paragraph (1), not more than 2 percent 
    may be used to pay the administrative costs of the 
    Administrator.''.
SEC. 50203. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
    Section 220 of the Federal Water Pollution Control Act (33 U.S.C. 
1300) is amended--
        (1) in subsection (b), in the heading, by striking ``In 
    General'' and inserting ``Establishment'';
        (2) in subsection (d)--
            (A) in paragraph (1), by inserting ``construction'' before 
        ``funds'';
            (B) by striking paragraph (2); and
            (C) by redesignating paragraph (3) as paragraph (2);
        (3) by striking subsection (e);
        (4) in subsection (i)--
            (A) in the matter preceding paragraph (1), by striking ``, 
        the following definitions apply''; and
            (B) in paragraph (1), in the first sentence, by striking 
        ``water or wastewater or by treating wastewater'' and inserting 
        ``water, wastewater, or stormwater or by treating wastewater or 
        stormwater for groundwater recharge, potable reuse, or other 
        purposes'';
        (5) in subsection (j)--
            (A) in the first sentence, by striking ``There is'' and 
        inserting the following:
        ``(1) In general.--There is'';
            (B) in paragraph (1) (as so designated), by striking ``a 
        total of $75,000,000 for fiscal years 2002 through 2004. Such 
        sums shall'' and inserting ``$25,000,000 for each of fiscal 
        years 2022 through 2026, to''; and
            (C) by adding at the end the following:
        ``(2) Limitation on use of funds.--Of the amounts made 
    available for grants under paragraph (1), not more than 2 percent 
    may be used to pay the administrative costs of the 
    Administrator.''; and
        (6) by redesignating subsections (b), (c), (d), (i), and (j) as 
    subsections (c), (d), (e), (b), and (i), respectively, and moving 
    those subsections so as to appear in alphabetical order.
SEC. 50204. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.
    Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended--
        (1) in subsection (a)(1) --
            (A) in subparagraph (A), by striking ``and'' at the end;
            (B) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (C) by inserting after subparagraph (A) the following:
            ``(B) notification systems to inform the public of combined 
        sewer or sanitary overflows that result in sewage being 
        released into rivers and other waters; and'';
        (2) in subsection (d)--
            (A) in the second sentence, by striking ``The non-Federal 
        share of the cost'' and inserting the following:
        ``(3) Types of non-federal share.--The applicable non-Federal 
    share of the cost under this subsection'';
            (B) in the first sentence, by striking ``The Federal'' and 
        inserting the following:
        ``(1) In general.--The Federal''; and
            (C) by inserting after paragraph (1) (as so designated) the 
        following:
        ``(2) Rural and financially distressed communities.--To the 
    maximum extent practicable, the Administrator shall work with 
    States to prevent the non-Federal share requirements under this 
    subsection from being passed on to rural communities and 
    financially distressed communities (as those terms are defined in 
    subsection (f)(2)(B)(i)).'';
        (3) in subsection (f)--
            (A) by striking paragraph (1) and inserting the following:
        ``(1) In general.--There is authorized to be appropriated to 
    carry out this section $280,000,000 for each of fiscal years 2022 
    through 2026.''; and
            (B) in paragraph (2)--
                (i) by striking ``To the extent'' and inserting the 
            following:
            ``(A) Green projects.--To the extent''; and
                (ii) by adding at the end the following:
            ``(B) Rural or financially distressed community 
        allocation.--
                ``(i) Definitions.--In this subparagraph:

                    ``(I) Financially distressed community.--The term 
                `financially distressed community' has the meaning 
                given the term in subsection (c)(1).
                    ``(II) Rural community.--The term `rural community' 
                means a city, town, or unincorporated area that has a 
                population of not more than 10,000 inhabitants.

                ``(ii) Allocation.--

                    ``(I) In general.--To the extent there are 
                sufficient eligible project applications, the 
                Administrator shall ensure that a State uses not less 
                than 25 percent of the amount of the grants made to the 
                State under subsection (a) in a fiscal year to carry 
                out projects in rural communities or financially 
                distressed communities for the purpose of planning, 
                design, and construction of--

                        ``(aa) treatment works to intercept, transport, 
                    control, treat, or reuse municipal sewer overflows, 
                    sanitary sewer overflows, or stormwater; or
                        ``(bb) any other measures to manage, reduce, 
                    treat, or recapture stormwater or subsurface 
                    drainage water eligible for assistance under 
                    section 603(c).

                    ``(II) Rural communities.--Of the funds allocated 
                under subclause (I) for the purposes described in that 
                subclause, to the extent there are sufficient eligible 
                project applications, the Administrator shall ensure 
                that a State uses not less than 60 percent to carry out 
                projects in rural communities.''; and

        (4) in subsection (i)--
            (A) in the second sentence, by striking ``The recommended 
        funding levels'' and inserting the following:
            ``(B) Requirement.--The funding levels recommended under 
        subparagraph (A)(i)'';
            (B) in the first sentence, by striking ``Not later'' and 
        inserting the following:
        ``(1) Periodic reports.--
            ``(A) In general.--Not later'';
            (C) in paragraph (1)(A) (as so designated)--
                (i) by striking the period at the end and inserting ``; 
            and'';
                (ii) by striking ``containing recommended'' and 
            inserting the following: ``containing--
                ``(i) recommended''; and
                (iii) by adding at the end the following:
                ``(ii) a description of the extent to which States pass 
            costs associated with the non-Federal share requirements 
            under subsection (d) to local communities, with a focus on 
            rural communities and financially distressed communities 
            (as those terms are defined in subsection (f)(2)(B)(i)).''; 
            and
            (D) by adding at the end the following:
        ``(2) Use of funds.--Not later than 2 years after the date of 
    enactment of this paragraph, the Administrator shall submit to the 
    Committee on Environment and Public Works of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives a report that describes the implementation of the 
    grant program under this section, which shall include a description 
    of the grant recipients, sources of funds for non-Federal share 
    requirements under subsection (d), and grant amounts made available 
    under the program.''.
SEC. 50205. CLEAN WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY 
PROGRAM.
    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50202) is amended by adding at the end 
the following:
    ``SEC. 223. CLEAN WATER INFRASTRUCTURE RESILIENCY AND 
      SUSTAINABILITY PROGRAM.
    ``(a) Definitions.--In this section:
        ``(1) Eligible entity.--The term `eligible entity' means--
            ``(A) a municipality; or
            ``(B) an intermunicipal, interstate, or State agency.
        ``(2) Natural hazard.--The term `natural hazard' means a hazard 
    caused by natural forces, including extreme weather events, sea-
    level rise, and extreme drought conditions.
        ``(3) Program.--The term `program' means the clean water 
    infrastructure resilience and sustainability program established 
    under subsection (b).
    ``(b) Establishment.--Subject to the availability of 
appropriations, the Administrator shall establish a clean water 
infrastructure resilience and sustainability program under which the 
Administrator shall award grants to eligible entities for the purpose 
of increasing the resilience of publicly owned treatment works to a 
natural hazard or cybersecurity vulnerabilities.
    ``(c) Use of Funds.--An eligible entity that receives a grant under 
the program shall use the grant funds for planning, designing, or 
constructing projects (on a system-wide or area-wide basis) that 
increase the resilience of a publicly owned treatment works to a 
natural hazard or cybersecurity vulnerabilities through--
        ``(1) the conservation of water;
        ``(2) the enhancement of water use efficiency;
        ``(3) the enhancement of wastewater and stormwater management 
    by increasing watershed preservation and protection, including 
    through the use of--
            ``(A) natural and engineered green infrastructure; and
            ``(B) reclamation and reuse of wastewater and stormwater, 
        such as aquifer recharge zones;
        ``(4) the modification or relocation of an existing publicly 
    owned treatment works, conveyance, or discharge system component 
    that is at risk of being significantly impaired or damaged by a 
    natural hazard;
        ``(5) the development and implementation of projects to 
    increase the resilience of publicly owned treatment works to a 
    natural hazard or cybersecurity vulnerabilities, as applicable; or
        ``(6) the enhancement of energy efficiency or the use and 
    generation of recovered or renewable energy in the management, 
    treatment, or conveyance of wastewater or stormwater.
    ``(d) Application.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Administrator an 
application at such time, in such manner, and containing such 
information as the Administrator may require, including--
        ``(1) a proposal of the project to be planned, designed, or 
    constructed using funds under the program;
        ``(2) an identification of the natural hazard risk of the area 
    where the proposed project is to be located or potential 
    cybersecurity vulnerability, as applicable, to be addressed by the 
    proposed project;
        ``(3) documentation prepared by a Federal, State, regional, or 
    local government agency of the natural hazard risk of the area 
    where the proposed project is to be located or potential 
    cybersecurity vulnerability, as applicable, of the area where the 
    proposed project is to be located;
        ``(4) a description of any recent natural hazard risk of the 
    area where the proposed project is to be located or potential 
    cybersecurity vulnerabilities that have affected the publicly owned 
    treatment works;
        ``(5) a description of how the proposed project would improve 
    the performance of the publicly owned treatment works under an 
    anticipated natural hazard or natural hazard risk of the area where 
    the proposed project is to be located or a potential cybersecurity 
    vulnerability, as applicable; and
        ``(6) an explanation of how the proposed project is expected to 
    enhance the resilience of the publicly owned treatment works to a 
    natural hazard risk of the area where the proposed project is to be 
    located or a potential cybersecurity vulnerability, as applicable.
    ``(e) Grant Amount and Other Federal Requirements.--
        ``(1) Cost share.--Except as provided in paragraph (2), a grant 
    under the program shall not exceed 75 percent of the total cost of 
    the proposed project.
        ``(2) Exception.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        a grant under the program shall not exceed 90 percent of the 
        total cost of the proposed project if the project serves a 
        community that--
                ``(i) has a population of fewer than 10,000 
            individuals; or
                ``(ii) meets the affordability criteria established by 
            the State in which the community is located under section 
            603(i)(2).
            ``(B) Waiver.--At the discretion of the Administrator, a 
        grant for a project described in subparagraph (A) may cover 100 
        percent of the total cost of the proposed project.
        ``(3) Requirements.--The requirements of section 608 shall 
    apply to a project funded with a grant under the program.
    ``(f) Report.--Not later than 2 years after the date of enactment 
of this section, the Administrator shall submit to Congress a report 
that describes the implementation of the program, which shall include 
an accounting of all grants awarded under the program, including a 
description of each grant recipient and each project funded using a 
grant under the program.
    ``(g) Authorization of Appropriations.--
        ``(1) In general.--There is authorized to be appropriated to 
    carry out this section $25,000,000 for each of fiscal years 2022 
    through 2026.
        ``(2) Limitation on use of funds.--Of the amounts made 
    available for grants under paragraph (1), not more than 2 percent 
    may be used to pay the administrative costs of the 
    Administrator.''.
SEC. 50206. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS CIRCUIT 
RIDER PROGRAM.
    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50205) is amended by adding at the end 
the following:
    ``SEC. 224. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS CIRCUIT 
      RIDER PROGRAM.
    ``(a) Establishment.--Subject to the availability of 
appropriations, not later than 180 days after the date of enactment of 
this section, the Administrator shall establish a circuit rider program 
(referred to in this section as the `circuit rider program') under 
which the Administrator shall award grants to qualified nonprofit 
entities, as determined by the Administrator, to provide assistance to 
owners and operators of small and medium publicly owned treatment works 
to carry out the activities described in section 602(b)(13).
    ``(b) Limitation.--A grant provided under the circuit rider program 
shall be in an amount that is not more than $75,000.
    ``(c) Prioritization.--In selecting recipients of grants under the 
circuit rider program, the Administrator shall give priority to 
qualified nonprofit entities, as determined by the Administrator, that 
would serve a community that--
        ``(1) has a history, for not less than the 10 years prior to 
    the award of the grant, of unresolved wastewater issues, stormwater 
    issues, or a combination of wastewater and stormwater issues;
        ``(2) is considered financially distressed;
        ``(3) faces the cumulative burden of stormwater and wastewater 
    overflow issues; or
        ``(4) has previously failed to access Federal technical 
    assistance due to cost-sharing requirements.
    ``(d) Communication.--Each qualified nonprofit entity that receives 
funding under this section shall, before using that funding to 
undertake activities to carry out this section, consult with the State 
in which the assistance is to be expended or otherwise made available.
    ``(e) Report.--Not later than 2 years after the date on which the 
Administrator establishes the circuit rider program, and every 2 years 
thereafter, the Administrator shall submit to Congress a report 
describing--
        ``(1) each recipient of a grant under the circuit rider 
    program; and
        ``(2) a summary of the activities carried out under the circuit 
    rider program.
    ``(f) Authorization of Appropriations.--
        ``(1) In general.--There is authorized to be appropriated to 
    carry out this section $10,000,000 for the period of fiscal years 
    2022 through 2026.
        ``(2) Limitation on use of funds.--Of the amounts made 
    available for grants under paragraph (1), not more than 2 percent 
    may be used to pay the administrative costs of the 
    Administrator.''.
SEC. 50207. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT 
PROGRAM.
    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50206) is amended by adding at the end 
the following:
    ``SEC. 225. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT 
      PROGRAM.
    ``(a) Establishment.--Subject to the availability of 
appropriations, not later than 180 days after the date of enactment of 
this section, the Administrator shall establish an efficiency grant 
program (referred to in this section as the `efficiency grant program') 
under which the Administrator shall award grants to eligible entities 
for the replacement or repair of equipment that improves water or 
energy efficiency of small publicly owned treatment works, as 
identified in an efficiency audit.
    ``(b) Eligible Entities.--The Administrator may award a grant under 
the efficiency grant program to--
        ``(1) an owner or operator of a small publicly owned treatment 
    works that serves--
            ``(A) a population of not more than 10,000 people; or
            ``(B) a disadvantaged community; or
        ``(2) a nonprofit organization that seeks to assist a small 
    publicly owned treatment works described in paragraph (1) to carry 
    out the activities described in subsection (a).
    ``(c) Report.--Not later than 2 years after the date on which the 
Administrator establishes the efficiency grant program, and every 2 
years thereafter, the Administrator shall submit to Congress a report 
describing--
        ``(1) each recipient of a grant under the efficiency grant 
    program; and
        ``(2) a summary of the activities carried out under the 
    efficiency grant program.
    ``(d) Use of Funds.--
        ``(1) Small systems.--Of the amounts made available for grants 
    under this section, to the extent that there are sufficient 
    applications, not less than 15 percent shall be used for grants to 
    publicly owned treatment works that serve fewer than 3,300 people.
        ``(2) Limitation on use of funds.--Of the amounts made 
    available for grants under this section, not more than 2 percent 
    may be used to pay the administrative costs of the 
    Administrator.''.
SEC. 50208. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL 
HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS FOR INDIVIDUALS WITH LOW OR 
MODERATE INCOME.
    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50207) is amended by adding at the end 
the following:
    ``SEC. 226. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL 
      HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS FOR INDIVIDUALS WITH 
      LOW OR MODERATE INCOME.
    ``(a) Definition of Eligible Individual.--In this section, the term 
`eligible individual' means a member of a low-income or moderate-income 
household, the members of which have a combined income (for the most 
recent 12-month period for which information is available) equal to not 
more than 50 percent of the median nonmetropolitan household income for 
the State or territory in which the household is located, according to 
the most recent decennial census.
    ``(b) Grant Program.--
        ``(1) In general.--Subject to the availability of 
    appropriations, the Administrator shall establish a program under 
    which the Administrator shall provide grants to private nonprofit 
    organizations for the purpose of improving general welfare by 
    providing assistance to eligible individuals--
            ``(A) for the construction, repair, or replacement of an 
        individual household decentralized wastewater treatment system; 
        or
            ``(B) for the installation of a larger decentralized 
        wastewater system designed to provide treatment for 2 or more 
        households in which eligible individuals reside, if--
                ``(i) site conditions at the households are unsuitable 
            for the installation of an individually owned decentralized 
            wastewater system;
                ``(ii) multiple examples of unsuitable site conditions 
            exist in close geographic proximity to each other; and
                ``(iii) a larger decentralized wastewater system could 
            be cost-effectively installed.
        ``(2) Application.--To be eligible to receive a grant under 
    this subsection, a private nonprofit organization shall submit to 
    the Administrator an application at such time, in such manner, and 
    containing such information as the Administrator determines to be 
    appropriate.
        ``(3) Priority.--In awarding grants under this subsection, the 
    Administrator shall give priority to applicants that have 
    substantial expertise and experience in promoting the safe and 
    effective use of individual household decentralized wastewater 
    systems.
        ``(4) Administrative expenses.--A private nonprofit 
    organization may use amounts provided under this subsection to pay 
    the administrative expenses associated with the provision of the 
    services described in paragraph (1), as the Administrator 
    determines to be appropriate.
    ``(c) Grants.--
        ``(1) In general.--Subject to paragraph (2), a private 
    nonprofit organization shall use a grant provided under subsection 
    (b) for the services described in paragraph (1) of that subsection.
        ``(2) Application.--To be eligible to receive the services 
    described in subsection (b)(1), an eligible individual shall submit 
    to the private nonprofit organization serving the area in which the 
    individual household decentralized wastewater system of the 
    eligible individuals is, or is proposed to be, located an 
    application at such time, in such manner, and containing such 
    information as the private nonprofit organization determines to be 
    appropriate.
        ``(3) Priority.--In awarding grants under this subsection, a 
    private nonprofit organization shall give priority to any eligible 
    individual who does not have access to a sanitary sewage disposal 
    system.
    ``(d) Report.--Not later than 2 years after the date of enactment 
of this section, the Administrator shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report describing the recipients of grants under the program under this 
section and the results of the program under this section.
    ``(e) Authorization of Appropriations.--
        ``(1) In general.--There is authorized to be appropriated to 
    the Administrator to carry out this section $50,000,000 for each of 
    fiscal years 2022 through 2026.
        ``(2) Limitation on use of funds.--Of the amounts made 
    available for grants under paragraph (1), not more than 2 percent 
    may be used to pay the administrative costs of the 
    Administrator.''.
SEC. 50209. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50208) is amended by adding at the end 
the following:
    ``SEC. 227. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
    ``(a) Definitions.--In this section:
        ``(1) Eligible entity.--The term `eligible entity' means--
            ``(A) an owner or operator of a publicly owned treatment 
        works that assists or is seeking to assist low-income or 
        moderate-income individuals with connecting the household of 
        the individual to the publicly owned treatment works; or
            ``(B) a nonprofit entity that assists low-income or 
        moderate-income individuals with the costs associated with 
        connecting the household of the individual to a publicly owned 
        treatment works.
        ``(2) Program.--The term `program' means the competitive grant 
    program established under subsection (b).
        ``(3) Qualified individual.--The term `qualified individual' 
    has the meaning given the term `eligible individual' in section 
    603(j).
    ``(b) Establishment.--Subject to the availability of 
appropriations, the Administrator shall establish a competitive grant 
program with the purpose of improving general welfare, under which the 
Administrator awards grants to eligible entities to provide funds to 
assist qualified individuals in covering the costs incurred by the 
qualified individual in connecting the household of the qualified 
individual to a publicly owned treatment works.
    ``(c) Application.--
        ``(1) In general.--An eligible entity seeking a grant under the 
    program shall submit to the Administrator an application at such 
    time, in such manner, and containing such information as the 
    Administrator may by regulation require.
        ``(2) Requirement.--Not later than 90 days after the date on 
    which the Administrator receives an application from an eligible 
    entity under paragraph (1), the Administrator shall notify the 
    eligible entity of whether the Administrator will award a grant to 
    the eligible entity under the program.
    ``(d) Selection Criteria.--In selecting recipients of grants under 
the program, the Administrator shall use the following criteria:
        ``(1) Whether the eligible entity seeking a grant provides 
    services to, or works directly with, qualified individuals.
        ``(2) Whether the eligible entity seeking a grant--
            ``(A) has an existing program to assist in covering the 
        costs incurred in connecting a household to a publicly owned 
        treatment works; or
            ``(B) seeks to create a program described in subparagraph 
        (A).
    ``(e) Requirements.--
        ``(1) Voluntary connection.--Before providing funds to a 
    qualified individual for the costs described in subsection (b), an 
    eligible entity shall ensure that--
            ``(A) the qualified individual has connected to the 
        publicly owned treatment works voluntarily; and
            ``(B) if the eligible entity is not the owner or operator 
        of the publicly owned treatment works to which the qualified 
        individual has connected, the publicly owned treatment works to 
        which the qualified individual has connected has agreed to the 
        connection.
        ``(2) Reimbursements from publicly owned treatment works.--An 
    eligible entity that is an owner or operator of a publicly owned 
    treatment works may reimburse a qualified individual that has 
    already incurred the costs described in subsection (b) by--
            ``(A) reducing the amount otherwise owed by the qualified 
        individual to the owner or operator for wastewater or other 
        services provided by the owner or operator; or
            ``(B) providing a direct payment to the qualified 
        individual.
    ``(f) Authorization of Appropriations.--
        ``(1) In general.--There is authorized to be appropriated to 
    carry out the program $40,000,000 for each of fiscal years 2022 
    through 2026.
        ``(2) Limitations on use of funds.--
            ``(A) Small systems.--Of the amounts made available for 
        grants under paragraph (1), to the extent that there are 
        sufficient applications, not less than 15 percent shall be used 
        to make grants to--
                ``(i) eligible entities described in subsection 
            (a)(1)(A) that are owners and operators of publicly owned 
            treatment works that serve fewer than 3,300 people; and
                ``(ii) eligible entities described in subsection 
            (a)(1)(B) that provide the assistance described in that 
            subsection in areas that are served by publicly owned 
            treatment works that serve fewer than 3,300 people.
            ``(B) Administrative costs.--Of the amounts made available 
        for grants under paragraph (1), not more than 2 percent may be 
        used to pay the administrative costs of the Administrator.''.
SEC. 50210. CLEAN WATER STATE REVOLVING FUNDS.
    (a) Use of Funds.--
        (1) In general.--Section 603 of the Federal Water Pollution 
    Control Act (33 U.S.C. 1383) is amended--
            (A) in subsection (d), in the matter preceding paragraph 
        (1), by inserting ``and provided in subsection (k)'' after 
        ``State law'';
            (B) in subsection (i)--
                (i) in paragraph (1), in the matter preceding 
            subparagraph (A), by striking ``, including forgiveness of 
            principal and negative interest loans'' and inserting 
            ``(including forgiveness of principal, grants, negative 
            interest loans, other loan forgiveness, and through buying, 
            refinancing, or restructuring debt)''; and
                (ii) in paragraph (3), by striking subparagraph (B) and 
            inserting the following:
            ``(B) Total amount of subsidization.--
                ``(i) In general.--For each fiscal year, of the amount 
            of the capitalization grant received by the State under 
            this title, the total amount of additional subsidization 
            made available by a State under paragraph (1)--

                    ``(I) may not exceed 30 percent; and
                    ``(II) to the extent that there are sufficient 
                applications for assistance to communities described in 
                that paragraph, may not be less than 10 percent.

                ``(ii) Exclusion.--A loan from the water pollution 
            control revolving fund of a State with an interest rate 
            equal to or greater than 0 percent shall not be considered 
            additional subsidization for purposes of this 
            subparagraph.''; and
            (C) by adding at the end the following:
    ``(k) Additional Use of Funds.--A State may use an additional 2 
percent of the funds annually awarded to each State under this title 
for nonprofit organizations (as defined in section 104(w)) or State, 
regional, interstate, or municipal entities to provide technical 
assistance to rural, small, and tribal publicly owned treatment works 
(within the meaning of section 104(b)(8)(B)) in the State.''.
        (2) Technical amendment.--Section 104(w) of the Federal Water 
    Pollution Control Act (33 U.S.C. 1254(w)) is amended by striking 
    ``treatments works'' and inserting ``treatment works''.
    (b) Capitalization Grant Reauthorization.--Section 607 of the 
Federal Water Pollution Control Act (33 U.S.C. 1387) is amended to read 
as follows:
    ``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
    ``There are authorized to be appropriated to carry out the purposes 
of this title--
        ``(1) $2,400,000,000 for fiscal year 2022;
        ``(2) $2,750,000,000 for fiscal year 2023;
        ``(3) $3,000,000,000 for fiscal year 2024; and
        ``(4) $3,250,000,000 for each of fiscal years 2025 and 2026.''.
SEC. 50211. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
    Section 4304 of the America's Water Infrastructure Act of 2018 (42 
U.S.C. 300j-19e) is amended--
        (1) in subsection (a)(3)--
            (A) in subparagraph (A), by inserting ``Tribal,'' after 
        ``State,''; and
            (B) in subparagraph (B), by striking ``community-based 
        organizations'' and all that follows through the period at the 
        end and inserting the following: ``community-based 
        organizations and public works departments or agencies to align 
        water and wastewater utility workforce recruitment efforts, 
        training programs, retention efforts, and community resources 
        with water and wastewater utilities--
                ``(i) to accelerate career pipelines;
                ``(ii) to ensure the sustainability of the water and 
            wastewater utility workforce; and
                ``(iii) to provide access to workforce 
            opportunities.'';
        (2) in subsection (b)--
            (A) in paragraph (1)--
                (i) by striking subparagraph (B);
                (ii) in subparagraph (A), by striking ``; and'' at the 
            end and inserting ``, which may include--''
                (iii) in the matter preceding subparagraph (A), by 
            striking ``program--'' and all that follows through ``to 
            assist'' in subparagraph (A) and inserting ``program to 
            assist''; and
                (iv) by adding at the end the following:
            ``(A) expanding the use and availability of activities and 
        resources that relate to the recruitment, including the 
        promotion of diversity within that recruitment, of individuals 
        to careers in the water and wastewater utility sector;
            ``(B) expanding the availability of training opportunities 
        for--
                ``(i) individuals entering into the water and 
            wastewater utility sector; and
                ``(ii) individuals seeking to advance careers within 
            the water and wastewater utility sector; and
            ``(C) expanding the use and availability of activities and 
        strategies, including the development of innovative activities 
        and strategies, that relate to the maintenance and retention of 
        a sustainable workforce in the water and wastewater utility 
        sector.'';
            (B) in paragraph (2)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``institutions--'' and inserting ``institutions, 
            or public works departments and agencies--''; and
                (ii) in subparagraph (A)--

                    (I) by striking clauses (ii) and (iii);
                    (II) in clause (i), by adding ``or'' at the end;
                    (III) by redesignating clause (i) as clause (ii);
                    (IV) by inserting before clause (ii) (as so 
                redesignated) the following:

                ``(i) in the development of educational or recruitment 
            materials and activities, including those materials and 
            activities that specifically promote diversity within 
            recruitment, for the water and wastewater utility 
            workforce;''; and

                    (V) by adding at the end the following:

                ``(iii) developing activities and strategies that 
            relate to the maintenance and retention of a sustainable 
            workforce in the water and wastewater utility sector; 
            and'';
            (C) in paragraph (3)--
                (i) in subparagraph (D)(ii), by inserting ``or 
            certification'' after ``training''; and
                (ii) in subparagraph (E), by striking ``ensure that 
            incumbent water and waste water utilities workers'' and 
            inserting ``are designed to retain incumbent water and 
            wastewater utility workforce workers by ensuring that those 
            workers''; and
            (D) by striking paragraph (4) and inserting the following:
        ``(4) Working group; report.--
            ``(A) In general.--The Administrator shall establish and 
        coordinate a Federal interagency working group to address 
        recruitment, training, and retention challenges in the water 
        and wastewater utility workforce, which shall include 
        representatives from--
                ``(i) the Department of Education;
                ``(ii) the Department of Labor;
                ``(iii) the Department of Agriculture;
                ``(iv) the Department of Veterans Affairs; and
                ``(v) other Federal agencies, as determined to be 
            appropriate by the Administrator.
            ``(B) Report.--Not later than 2 years after the date of 
        enactment of this subparagraph, the Administrator, in 
        coordination with the working group established under 
        subparagraph (A), shall submit to Congress a report describing 
        potential solutions to recruitment, training, and retention 
        challenges in the water and wastewater utility workforce.
            ``(C) Consultation.--In carrying out the duties of the 
        working group established under subparagraph (A), the working 
        group shall consult with State operator certification programs.
        ``(5) Authorization of appropriations.--There is authorized to 
    be appropriated to carry out this subsection $5,000,000 for each of 
    fiscal years 2022 through 2026.'';
        (3) by redesignating subsections (a) and (b) as subsections (b) 
    and (c), respectively; and
        (4) by inserting before subsection (b) (as so redesignated) the 
    following:
    ``(a) Definition of Public Works Department or Agency.--In this 
section, the term `public works department or agency' means a political 
subdivision of a local, county, or regional government that designs, 
builds, operates, and maintains water infrastructure, sewage and refuse 
disposal systems, and other public water systems and facilities.''.
SEC. 50212. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL AND NATIVE 
VILLAGES.
    Section 303 of the Safe Drinking Water Act Amendments of 1996 (33 
U.S.C. 1263a) is amended--
        (1) in subsection (b), by striking ``50 percent'' and inserting 
    ``75 percent''; and
        (2) in subsection (e), by striking ``this section'' and all 
    that follows through the period at the end and inserting the 
    following: ``this section--
        ``(1) $40,000,000 for each of fiscal years 2022 through 2024;
        ``(2) $50,000,000 for fiscal year 2025; and
        ``(3) $60,000,000 for fiscal year 2026.''.
SEC. 50213. WATER DATA SHARING PILOT PROGRAM.
    (a) Establishment.--
        (1) In general.--Subject to the availability of appropriations, 
    the Administrator shall establish a competitive grant pilot program 
    (referred to in this section as the ``pilot program'') under which 
    the Administrator may award grants to eligible entities under 
    subsection (b) to establish systems that improve the sharing of 
    information concerning water quality, water infrastructure needs, 
    and water technology, including cybersecurity technology, between 
    States or among counties and other units of local government within 
    a State, which may include--
            (A) establishing a website or data hub to exchange water 
        data, including data on water quality or water technology, 
        including new and emerging, but proven, water technology; and
            (B) intercounty communications initiatives related to water 
        data.
        (2) Requirements.--
            (A) Data sharing.--The Internet of Water principles 
        developed by the Nicholas Institute for Environmental Policy 
        Solutions shall, to the extent practicable, guide any water 
        data sharing efforts under the pilot program.
            (B) Use of existing data.--The recipient of a grant under 
        the pilot program to establish a website or data hub described 
        in paragraph (1)(A) shall, to the extent practicable, leverage 
        existing data sharing infrastructure.
    (b) Eligible Entities.--An entity eligible for a grant under the 
pilot program is--
        (1) a State, county, or other unit of local government that--
            (A) has a coastal watershed with significant pollution 
        levels;
            (B) has a water system with significant pollution levels; 
        or
            (C) has significant individual water infrastructure 
        deficits; or
        (2) a regional consortium established under subsection (d).
    (c) Applications.--To be eligible to receive a grant under the 
pilot program, an eligible entity under subsection (b) shall submit to 
the Administrator an application at such time, in such manner, and 
containing such information as the Administrator may require.
    (d) Regional Consortia.--
        (1) Establishment.--States may establish regional consortia in 
    accordance with this subsection.
        (2) Requirements.--A regional consortium established under 
    paragraph (1) shall--
            (A) include not fewer than 2 States that have entered into 
        a memorandum of understanding--
                (i) to exchange water data, including data on water 
            quality; or
                (ii) to share information, protocols, and procedures 
            with respect to projects that evaluate, demonstrate, or 
            install new and emerging, but proven, water technology;
            (B) carry out projects--
                (i) to exchange water data, including data on water 
            quality; or
                (ii) that evaluate, demonstrate, or install new and 
            emerging, but proven, water technology; and
            (C) develop a regional intended use plan, in accordance 
        with paragraph (3), to identify projects to carry out, 
        including projects using grants received under this section.
        (3) Regional intended use plan.--A regional intended use plan 
    of a regional consortium established under paragraph (1)--
            (A) shall identify projects that the regional consortium 
        intends to carry out, including projects that meet the 
        requirements of paragraph (2)(B); and
            (B) may include--
                (i) projects included in an intended use plan of a 
            State prepared under section 606(c) of the Federal Water 
            Pollution Control Act (33 U.S.C. 1386(c)) within the 
            regional consortium; and
                (ii) projects not included in an intended use plan of a 
            State prepared under section 606(c) of the Federal Water 
            Pollution Control Act (33 U.S.C. 1386(c)) within the 
            regional consortium.
    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Administrator shall submit to Congress a report that 
describes the implementation of the pilot program, which shall 
include--
        (1) a description of the use and deployment of amounts made 
    available under the pilot program; and
        (2) an accounting of all grants awarded under the program, 
    including a description of each grant recipient and each project 
    funded using a grant under the pilot program.
    (f) Funding.--
        (1) Authorization of appropriations.--There is authorized to be 
    appropriated to carry out the pilot program $15,000,000 for each of 
    fiscal years 2022 through 2026, to remain available until expended.
        (2) Requirement.--Of the funds made available under paragraph 
    (1), not more than 35 percent may be used to provide grants to 
    regional consortia established under subsection (d).
SEC. 50214. FINAL RATING OPINION LETTERS.
    Section 5028(a)(1)(D)(ii) of the Water Infrastructure Finance and 
Innovation Act of 2014 (33 U.S.C. 3907(a)(1)(D)(ii)) is amended by 
striking ``final rating opinion letters from at least 2 rating 
agencies'' and inserting ``a final rating opinion letter from at least 
1 rating agency''.
SEC. 50215. WATER INFRASTRUCTURE FINANCING REAUTHORIZATION.
    (a) In General.--Section 5033 of the Water Infrastructure Finance 
and Innovation Act of 2014 (33 U.S.C. 3912) is amended--
        (1) in subsection (a), by adding at the end the following:
        ``(3) Fiscal years 2022 through 2026.--There is authorized to 
    be appropriated to the Administrator to carry out this subtitle 
    $50,000,000 for each of fiscal years 2022 through 2026, to remain 
    available until expended.'';
        (2) in subsection (b)(2)--
            (A) in the paragraph heading, by striking ``2020 and 2021'' 
        and inserting ``after 2019''; and
            (B) by striking ``2020 and 2021'' and inserting ``2022 
        through 2026''; and
        (3) in subsection (e)(1), by striking ``2020 and 2021'' and 
    inserting ``2022 through 2026''.
    (b) Outreach Plan.--The Water Infrastructure Finance and Innovation 
Act of 2014 (33 U.S.C. 3901 et seq.) is amended by adding at the end 
the following:
``SEC. 5036. OUTREACH PLAN.
    ``(a) Definition of Rural Community.--In this section, the term 
`rural community' means a city, town, or unincorporated area that has a 
population of not more than 10,000 inhabitants.
    ``(b) Outreach Required.--Not later than 180 days after the date of 
enactment of this section, the Administrator, in consultation with 
relevant Federal agencies, shall develop and begin implementation of an 
outreach plan to promote financial assistance available under this 
subtitle to small communities and rural communities.''.
SEC. 50216. SMALL AND DISADVANTAGED COMMUNITY ANALYSIS.
    (a) Analysis.--Not later than 2 years after the date of enactment 
of this Act, using environmental justice data of the Environmental 
Protection Agency, including data from the environmental justice 
mapping and screening tool of the Environmental Protection Agency, the 
Administrator shall carry out an analysis under which the Administrator 
shall assess the programs under title VI of the Federal Water Pollution 
Control Act (33 U.S.C. 1381 et seq.) and section 1452 of the Safe 
Drinking Water Act (42 U.S.C. 300j-12) to identify historical 
distributions of funds to small and disadvantaged communities and new 
opportunities and methods to improve on the distribution of funds under 
those programs to low-income communities, rural communities, minority 
communities, and communities of indigenous peoples, in accordance with 
Executive Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating 
to Federal actions to address environmental justice in minority 
populations and low-income populations).
    (b) Requirement.--The analysis under subsection (a) shall include 
an analysis, to the extent practicable, of communities in the United 
States that do not have access to drinking water or wastewater 
services.
    (c) Report.--On completion of the analysis under subsection (a), 
the Administrator shall submit to the Committee on Environment and 
Public Works of the Senate and the Committees on Energy and Commerce 
and Transportation and Infrastructure of the House of Representatives a 
report describing--
        (1) the results of the analysis; and
        (2) the criteria the Administrator used in carrying out the 
    analysis.
SEC. 50217. STORMWATER INFRASTRUCTURE TECHNOLOGY.
    (a) Definitions.--In this section:
        (1) Center.--The term ``center'' means a center of excellence 
    for stormwater control infrastructure established under subsection 
    (b)(1).
        (2) Eligible entity.--The term ``eligible entity'' means--
            (A) a State, Tribal, or local government; or
            (B) a local, regional, or other public entity that manages 
        stormwater or wastewater resources or other related water 
        infrastructure.
        (3) Eligible institution.--The term ``eligible institution'' 
    means an institution of higher education, a research institution, 
    or a nonprofit organization--
            (A) that has demonstrated excellence in researching and 
        developing new and emerging stormwater control infrastructure 
        technologies; and
            (B) with respect to a nonprofit organization, the core 
        mission of which includes water management, as determined by 
        the Administrator.
    (b) Centers of Excellence for Stormwater Control Infrastructure 
Technologies.--
        (1) Establishment of centers.--
            (A) In general.--Subject to the availability of 
        appropriations, the Administrator shall provide grants, on a 
        competitive basis, to eligible institutions to establish and 
        maintain not less than 3, and not more than 5, centers of 
        excellence for new and emerging stormwater control 
        infrastructure technologies, to be located in various regions 
        throughout the United States.
            (B) General operation.--Each center shall--
                (i) conduct research on new and emerging stormwater 
            control infrastructure technologies that are relevant to 
            the geographical region in which the center is located, 
            including stormwater and sewer overflow reduction, other 
            approaches to water resource enhancement, alternative 
            funding approaches, and other environmental, economic, and 
            social benefits, with the goal of improving the 
            effectiveness, cost efficiency, and protection of public 
            safety and water quality;
                (ii) maintain a listing of--

                    (I) stormwater control infrastructure needs; and
                    (II) an analysis of new and emerging stormwater 
                control infrastructure technologies that are available;

                (iii) analyze whether additional financial programs for 
            the implementation of new and emerging, but proven, 
            stormwater control infrastructure technologies would be 
            useful;
                (iv) provide information regarding research conducted 
            under clause (i) to the national electronic clearinghouse 
            center for publication on the Internet website established 
            under paragraph (3)(B)(i) to provide to the Federal 
            Government and State, Tribal, and local governments and the 
            private sector information regarding new and emerging, but 
            proven, stormwater control infrastructure technologies;
                (v) provide technical assistance to State, Tribal, and 
            local governments to assist with the design, construction, 
            operation, and maintenance of stormwater control 
            infrastructure projects that use innovative technologies;
                (vi) collaborate with institutions of higher education 
            and private and public organizations, including community-
            based public-private partnerships and other stakeholders, 
            in the geographical region in which the center is located; 
            and
                (vii) coordinate with the other centers to avoid 
            duplication of efforts.
        (2) Application.--To be eligible to receive a grant under this 
    subsection, an eligible institution shall prepare and submit to the 
    Administrator an application at such time, in such form, and 
    containing such information as the Administrator may require.
        (3) National electronic clearinghouse center.--Of the centers 
    established under paragraph (1)(A), 1 shall--
            (A) be designated as the ``national electronic 
        clearinghouse center''; and
            (B) in addition to the other functions of that center--
                (i) develop, operate, and maintain an Internet website 
            and a public database that contains information relating to 
            new and emerging, but proven, stormwater control 
            infrastructure technologies; and
                (ii) post to the website information from all centers.
        (4) Authorization of appropriations.--
            (A) In general.--There is authorized to be appropriated to 
        carry out this subsection $5,000,000 for each of fiscal years 
        2022 through 2026.
            (B) Limitation on use of funds.--Of the amounts made 
        available for grants under subparagraph (A), not more than 2 
        percent may be used to pay the administrative costs of the 
        Administrator.
    (c) Stormwater Control Infrastructure Project Grants.--
        (1) Grant authority.--Subject to the availability of 
    appropriations, the Administrator shall provide grants, on a 
    competitive basis, to eligible entities to carry out stormwater 
    control infrastructure projects that incorporate new and emerging, 
    but proven, stormwater control technologies in accordance with this 
    subsection.
        (2) Stormwater control infrastructure projects.--
            (A) Planning and development grants.--The Administrator may 
        make planning and development grants under this subsection for 
        the following projects:
                (i) Planning and designing stormwater control 
            infrastructure projects that incorporate new and emerging, 
            but proven, stormwater control technologies, including 
            engineering surveys, landscape plans, maps, long-term 
            operations and maintenance plans, and implementation plans.
                (ii) Identifying and developing standards necessary to 
            accommodate stormwater control infrastructure projects, 
            including those projects that incorporate new and emerging, 
            but proven, stormwater control technologies.
                (iii) Identifying and developing fee structures to 
            provide financial support for design, installation, and 
            operations and maintenance of stormwater control 
            infrastructure, including new and emerging, but proven, 
            stormwater control infrastructure technologies.
                (iv) Developing approaches for community-based public-
            private partnerships for the financing and construction of 
            stormwater control infrastructure technologies, including 
            feasibility studies, stakeholder outreach, and needs 
            assessments.
                (v) Developing and delivering training and educational 
            materials regarding new and emerging, but proven, 
            stormwater control infrastructure technologies for 
            distribution to--

                    (I) individuals and entities with applicable 
                technical knowledge; and
                    (II) the public.

            (B) Implementation grants.--The Administrator may make 
        implementation grants under this subsection for the following 
        projects:
                (i) Installing new and emerging, but proven, stormwater 
            control infrastructure technologies.
                (ii) Protecting or restoring interconnected networks of 
            natural areas that protect water quality.
                (iii) Monitoring and evaluating the environmental, 
            economic, or social benefits of stormwater control 
            infrastructure technologies that incorporate new and 
            emerging, but proven, stormwater control technology.
                (iv) Implementing a best practices standard for 
            stormwater control infrastructure programs.
        (3) Application.--Except as otherwise provided in this section, 
    to be eligible to receive a grant under this subsection, an 
    eligible entity shall prepare and submit to the Administrator an 
    application at such time, in such form, and containing such 
    information as the Administrator may require, including, as 
    applicable--
            (A) a description of the stormwater control infrastructure 
        project that incorporates new and emerging, but proven, 
        technologies;
            (B) a plan for monitoring the impacts and pollutant load 
        reductions associated with the stormwater control 
        infrastructure project on the water quality and quantity;
            (C) an evaluation of other environmental, economic, and 
        social benefits of the stormwater control infrastructure 
        project; and
            (D) a plan for the long-term operation and maintenance of 
        the stormwater control infrastructure project and a tracking 
        system, such as asset management practices.
        (4) Priority.--In making grants under this subsection, the 
    Administrator shall give priority to applications submitted on 
    behalf of--
            (A) a community that--
                (i) has municipal combined storm and sanitary sewers in 
            the collection system of the community; or
                (ii) is a small, rural, or disadvantaged community, as 
            determined by the Administrator; or
            (B) an eligible entity that will use not less than 15 
        percent of the grant to provide service to a small, rural, or 
        disadvantaged community, as determined by the Administrator.
        (5) Maximum amounts.--
            (A) Planning and development grants.--
                (i) Single grant.--The amount of a single planning and 
            development grant provided under this subsection shall be 
            not more than $200,000.
                (ii) Aggregate amount.--The total amount of all 
            planning and development grants provided under this 
            subsection for a fiscal year shall be not more than \1/3\ 
            of the total amount made available to carry out this 
            subsection.
            (B) Implementation grants.--
                (i) Single grant.--The amount of a single 
            implementation grant provided under this subsection shall 
            be not more than $2,000,000.
                (ii) Aggregate amount.--The total amount of all 
            implementation grants provided under this subsection for a 
            fiscal year shall be not more than \2/3\ of the total 
            amount made available to carry out this subsection.
        (6) Federal share.--
            (A) In general.--Except as provided in subparagraph (C), 
        the Federal share of a grant provided under this subsection 
        shall not exceed 80 percent of the total project cost.
            (B) Credit for implementation grants.--The Administrator 
        shall credit toward the non-Federal share of the cost of an 
        implementation project carried out under this subsection the 
        cost of planning, design, and construction work completed for 
        the project using funds other than funds provided under this 
        section.
            (C) Exception.--The Administrator may waive the Federal 
        share limitation under subparagraph (A) for an eligible entity 
        that has adequately demonstrated financial need.
    (d) Report to Congress.--Not later than 2 years after the date on 
which the Administrator first awards a grant under this section, the 
Administrator shall submit to Congress a report that includes, with 
respect to the period covered by the report--
        (1) a description of all grants provided under this section;
        (2) a detailed description of--
            (A) the projects supported by those grants; and
            (B) the outcomes of those projects;
        (3) a description of the improvements in technology, 
    environmental benefits, resources conserved, efficiencies, and 
    other benefits of the projects funded under this section;
        (4) recommendations for improvements to promote and support new 
    and emerging, but proven, stormwater control infrastructure, 
    including research into new and emerging technologies, for the 
    centers, grants, and activities under this section; and
        (5) a description of existing challenges concerning the use of 
    new and emerging, but proven, stormwater control infrastructure.
    (e) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated to 
    carry out this section (except for subsection (b)) $10,000,000 for 
    each of fiscal years 2022 through 2026.
        (2) Limitation on use of funds.--Of the amounts made available 
    for grants under paragraph (1), not more than 2 percent may be used 
    to pay the administrative costs of the Administrator.
SEC. 50218. WATER REUSE INTERAGENCY WORKING GROUP.
    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a Water Reuse 
Interagency Working Group (referred to in this section as the ``Working 
Group'').
    (b) Purpose.--The purpose of the Working Group is to develop and 
coordinate actions, tools, and resources to advance water reuse across 
the United States, including through the implementation of the February 
2020 National Water Reuse Action Plan, which creates opportunities for 
water reuse in the mission areas of each of the Federal agencies 
included in the Working Group under subsection (c) (referred to in this 
section as the ``Action Plan'').
    (c) Chairperson; Membership.--The Working Group shall be--
        (1) chaired by the Administrator; and
        (2) comprised of senior representatives from such Federal 
    agencies as the Administrator determines to be appropriate.
    (d) Duties of the Working Group.--In carrying out this section, the 
Working Group shall--
        (1) with respect to water reuse, leverage the expertise of 
    industry, the research community, nongovernmental organizations, 
    and government;
        (2) seek to foster water reuse as an important component of 
    integrated water resources management;
        (3) conduct an assessment of new opportunities to advance water 
    reuse and annually update the Action Plan with new actions, as 
    necessary, to pursue those opportunities;
        (4) seek to coordinate Federal programs and policies to support 
    the adoption of water reuse;
        (5) consider how each Federal agency can explore and identify 
    opportunities to support water reuse through the programs and 
    activities of that Federal agency; and
        (6) consult, on a regular basis, with representatives of 
    relevant industries, the research community, and nongovernmental 
    organizations.
    (e) Report.--Not less frequently than once every 2 years, the 
Administrator shall submit to Congress a report on the activities and 
findings of the Working Group.
    (f) Sunset.--
        (1) In general.--Subject to paragraph (2), the Working Group 
    shall terminate on the date that is 6 years after the date of 
    enactment of this Act.
        (2) Extension.--The Administrator may extend the date of 
    termination of the Working Group under paragraph (1).
SEC. 50219. ADVANCED CLEAN WATER TECHNOLOGIES STUDY.
    (a) In General.--Subject to the availability of appropriations, not 
later than 2 years after the date of enactment of this Act, the 
Administrator shall carry out a study that examines the state of 
existing and potential future technology, including technology that 
could address cybersecurity vulnerabilities, that enhances or could 
enhance the treatment, monitoring, affordability, efficiency, and 
safety of wastewater services provided by a treatment works (as defined 
in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 
1292)).
    (b) Report.--The Administrator shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report that describes 
the results of the study under subsection (a).
SEC. 50220. CLEAN WATERSHEDS NEEDS SURVEY.
    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by adding at the end the following:
    ``SEC. 609. CLEAN WATERSHEDS NEEDS SURVEY.
    ``(a) Requirement.--Not later than 2 years after the date of 
enactment of this section, and not less frequently than once every 4 
years thereafter, the Administrator shall--
        ``(1) conduct and complete an assessment of capital improvement 
    needs for all projects that are eligible under section 603(c) for 
    assistance from State water pollution control revolving funds; and
        ``(2) submit to Congress a report describing the results of the 
    assessment completed under paragraph (1).
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the initial needs survey under subsection (a) 
$5,000,000, to remain available until expended.''.
SEC. 50221. WATER RESOURCES RESEARCH ACT AMENDMENTS.
    (a) Clarification of Research Activities.--Section 104(b)(1) of the 
Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1)) is 
amended--
        (1) in subparagraph (B)(ii), by striking ``water-related 
    phenomena'' and inserting ``water resources''; and
        (2) in subparagraph (D), by striking the period at the end and 
    inserting ``; and''.
    (b) Compliance Report.--Section 104 of the Water Resources Research 
Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Grants.--
        ``(1) In general.--From the sums appropriated pursuant to 
    subsection (f), the Secretary shall make grants to each institute 
    to be matched on a basis of no less than 1 non-Federal dollar for 
    every 1 Federal dollar.
        ``(2) Report.--Not later than December 31 of each fiscal year, 
    the Secretary shall submit to the Committee on Environment and 
    Public Works of the Senate, the Committee on the Budget of the 
    Senate, the Committee on Transportation and Infrastructure of the 
    House of Representatives, and the Committee on the Budget of the 
    House of Representatives a report regarding the compliance of each 
    funding recipient with this subsection for the immediately 
    preceding fiscal year.''.
    (c) Evaluation of Water Resources Research Program.--Section 104 of 
the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended 
by striking subsection (e) and inserting the following:
    ``(e) Evaluation of Water Resources Research Program.--
        ``(1) In general.--The Secretary shall conduct a careful and 
    detailed evaluation of each institute at least once every 5 years 
    to determine--
            ``(A) the quality and relevance of the water resources 
        research of the institute;
            ``(B) the effectiveness of the institute at producing 
        measured results and applied water supply research; and
            ``(C) whether the effectiveness of the institute as an 
        institution for planning, conducting, and arranging for 
        research warrants continued support under this section.
        ``(2) Prohibition on further support.--If, as a result of an 
    evaluation under paragraph (1), the Secretary determines that an 
    institute does not qualify for further support under this section, 
    no further grants to the institute may be provided until the 
    qualifications of the institute are reestablished to the 
    satisfaction of the Secretary.''.
    (d) Authorization of Appropriations.--Section 104(f)(1) of the 
Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended 
by striking ``fiscal years 2007 through 2011'' and inserting ``fiscal 
years 2022 through 2025''.
    (e) Additional Appropriations Where Research Focused on Water 
Problems of Interstate Nature.--Section 104(g)(1) of the Water 
Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended in 
the first sentence by striking ``$6,000,000 for each of fiscal years 
2007 through 2011'' and inserting ``$3,000,000 for each of fiscal years 
2022 through 2025''.
SEC. 50222. ENHANCED AQUIFER USE AND RECHARGE.
    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is amended by adding at the end the following:
    ``SEC. 124. ENHANCED AQUIFER USE AND RECHARGE.
    ``(a) In General.--Subject to the availability of appropriations, 
the Administrator shall provide funding to carry out groundwater 
research on enhanced aquifer use and recharge in support of sole-source 
aquifers, of which--
        ``(1) not less than 50 percent shall be used to provide 1 grant 
    to a State, unit of local government, or Indian Tribe to carry out 
    activities that would directly support that research; and
        ``(2) the remainder shall be provided to 1 appropriate research 
    center.
    ``(b) Coordination.--As a condition of accepting funds under 
subsection (a), the State, unit of local government, or Indian Tribe 
and the appropriate research center that receive funds under that 
subsection shall establish a formal research relationship for the 
purpose of coordinating efforts under this section.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $5,000,000 
for each of fiscal years 2022 through 2026.''.

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

SEC. 60101. FINDINGS.
    Congress finds the following:
        (1) Access to affordable, reliable, high-speed broadband is 
    essential to full participation in modern life in the United 
    States.
        (2) The persistent ``digital divide'' in the United States is a 
    barrier to the economic competitiveness of the United States and 
    equitable distribution of essential public services, including 
    health care and education.
        (3) The digital divide disproportionately affects communities 
    of color, lower-income areas, and rural areas, and the benefits of 
    broadband should be broadly enjoyed by all.
        (4) In many communities across the country, increased 
    competition among broadband providers has the potential to offer 
    consumers more affordable, high-quality options for broadband 
    service.
        (5) The 2019 novel coronavirus pandemic has underscored the 
    critical importance of affordable, high-speed broadband for 
    individuals, families, and communities to be able to work, learn, 
    and connect remotely while supporting social distancing.
SEC. 60102. GRANTS FOR BROADBAND DEPLOYMENT.
    (a) Definitions.--
        (1) Areas, locations, and institutions lacking broadband 
    access.--In this section:
            (A) Unserved location.--The term ``unserved location'' 
        means a broadband-serviceable location, as determined in 
        accordance with the broadband DATA maps, that--
                (i) has no access to broadband service; or
                (ii) lacks access to reliable broadband service offered 
            with--

                    (I) a speed of not less than--

                        (aa) 25 megabits per second for downloads; and
                        (bb) 3 megabits per second for uploads; and

                    (II) a latency sufficient to support real-time, 
                interactive applications.

            (B) Unserved service project.--The term ``unserved service 
        project'' means a project in which not less than 80 percent of 
        broadband-serviceable locations served by the project are 
        unserved locations.
            (C) Underserved location.--The term ``underserved 
        location'' means a location--
                (i) that is not an unserved location; and
                (ii) as determined in accordance with the broadband 
            DATA maps, lacks access to reliable broadband service 
            offered with--

                    (I) a speed of not less than--

                        (aa) 100 megabits per second for downloads; and
                        (bb) 20 megabits per second for uploads; and

                    (II) a latency sufficient to support real-time, 
                interactive applications.

            (D) Underserved service project.--The term ``underserved 
        service project'' means a project in which not less than 80 
        percent of broadband-serviceable locations served by the 
        project are unserved locations or underserved locations.
            (E) Eligible community anchor institution.--The term 
        ``eligible community anchor institution'' means a community 
        anchor institution that lacks access to gigabit-level broadband 
        service.
        (2) Other definitions.--In this section:
            (A) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (B) Broadband; broadband service.--The term ``broadband'' 
        or ``broadband service'' has the meaning given the term 
        ``broadband internet access service'' in section 8.1(b) of 
        title 47, Code of Federal Regulations, or any successor 
        regulation.
            (C) Broadband data maps.--The term ``broadband DATA maps'' 
        means the maps created under section 802(c)(1) of the 
        Communications Act of 1934 (47 U.S.C. 642(c)(1)).
            (D) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (E) Community anchor institution.--The term ``community 
        anchor institution'' means an entity such as a school, library, 
        health clinic, health center, hospital or other medical 
        provider, public safety entity, institution of higher 
        education, public housing organization, or community support 
        organization that facilitates greater use of broadband service 
        by vulnerable populations, including low-income individuals, 
        unemployed individuals, and aged individuals.
            (F) Eligible entity.--The term ``eligible entity'' means a 
        State.
            (G) High-cost area.--
                (i) In general.--The term ``high-cost area'' means an 
            unserved area in which the cost of building out broadband 
            service is higher, as compared with the average cost of 
            building out broadband service in unserved areas in the 
            United States (as determined by the Assistant Secretary, in 
            consultation with the Commission), incorporating factors 
            that include--

                    (I) the remote location of the area;
                    (II) the lack of population density of the area;
                    (III) the unique topography of the area;
                    (IV) a high rate of poverty in the area; or
                    (V) any other factor identified by the Assistant 
                Secretary, in consultation with the Commission, that 
                contributes to the higher cost of deploying broadband 
                service in the area.

                (ii) Unserved area.--For purposes of clause (i), the 
            term ``unserved area'' means an area in which not less than 
            80 percent of broadband-serviceable locations are unserved 
            locations.
            (H) Location; broadband-serviceable location.--The terms 
        ``location'' and ``broadband-serviceable location'' have the 
        meanings given those terms by the Commission under rules and 
        guidance that are in effect, as of the date of enactment of 
        this Act.
            (I) Priority broadband project.--The term ``priority 
        broadband project'' means a project designed to--
                (i) provide broadband service that meets speed, 
            latency, reliability, consistency in quality of service, 
            and related criteria as the Assistant Secretary shall 
            determine; and
                (ii) ensure that the network built by the project can 
            easily scale speeds over time to--

                    (I) meet the evolving connectivity needs of 
                households and businesses; and
                    (II) support the deployment of 5G, successor 
                wireless technologies, and other advanced services.

            (J) Program.--The term ``Program'' means the Broadband 
        Equity, Access, and Deployment Program established under 
        subsection (b)(1).
            (K) Project.--The term ``project'' means an undertaking by 
        a subgrantee under this section to construct and deploy 
        infrastructure for the provision of broadband service.
            (L) Reliable broadband service.--The term ``reliable 
        broadband service'' means broadband service that meets 
        performance criteria for service availability, adaptability to 
        changing end-user requirements, length of serviceable life, or 
        other criteria, other than upload and download speeds, as 
        determined by the Assistant Secretary in coordination with the 
        Commission.
            (M) State.--The term ``State'' has the meaning given the 
        term in section 158 of the National Telecommunications and 
        Information Administration Organization Act (47 U.S.C. 942), 
        except that that definition shall be applied by striking ``, 
        and any other territory or possession of the United States''.
            (N) Subgrantee.--The term ``subgrantee'' means an entity 
        that receives grant funds from an eligible entity to carry out 
        activities under subsection (f).
    (b) Broadband Equity, Access, and Deployment Program.--
        (1) Establishment.--Not later than 180 days after the date of 
    enactment of this Act, the Assistant Secretary shall establish a 
    grant program, to be known as the ``Broadband Equity, Access, and 
    Deployment Program'', under which the Assistant Secretary makes 
    grants to eligible entities, in accordance with this section, to 
    bridge the digital divide.
        (2) Authorization of appropriations.--There is authorized to be 
    appropriated to the Assistant Secretary to carry out the Program 
    $42,450,000,000.
        (3) Obligation timeline.--The Assistant Secretary shall 
    obligate all amounts appropriated pursuant to paragraph (2) in an 
    expedient manner after the Assistant Secretary issues the notice of 
    funding opportunity under subsection (e)(1).
        (4) Technical support and assistance.--
            (A) Program assistance.--As part of the Program, the 
        Assistant Secretary, in consultation with the Commission, shall 
        provide technical support and assistance to eligible entities 
        to facilitate their participation in the Program, including by 
        assisting eligible entities with--
                (i) the development of grant applications under the 
            Program;
                (ii) the development of plans and procedures for 
            distribution of funds under the Program; and
                (iii) other technical support as determined by the 
            Assistant Secretary.
            (B) General assistance.--The Assistant Secretary shall 
        provide technical and other assistance to eligible entities--
                (i) to support the expansion of broadband, with 
            priority for--

                    (I) expansion in rural areas; and
                    (II) eligible entities that consistently rank below 
                most other eligible entities with respect to broadband 
                access and deployment; and

                (ii) regarding cybersecurity resources and programs 
            available through Federal agencies, including the Election 
            Assistance Commission, the Cybersecurity and Infrastructure 
            Security Agency, the Federal Trade Commission, and the 
            National Institute of Standards and Technology.
    (c) Allocation.--
        (1) Allocation for high-cost areas.--
            (A) In general.--On or after the date on which the 
        broadband DATA maps are made public, the Assistant Secretary 
        shall allocate to eligible entities, in accordance with 
        subparagraph (B) of this paragraph, 10 percent of the amount 
        appropriated pursuant to subsection (b)(2).
            (B) Formula.--The Assistant Secretary shall calculate the 
        amount allocated to an eligible entity under subparagraph (A) 
        by--
                (i) dividing the number of unserved locations in high-
            cost areas in the eligible entity by the total number of 
            unserved locations in high-cost areas in the United States; 
            and
                (ii) multiplying the quotient obtained under clause (i) 
            by the amount made available under subparagraph (A).
        (2) Minimum initial allocation.--Of the amount appropriated 
    pursuant to subsection (b)(2)--
            (A) except as provided in subparagraph (B) of this 
        paragraph, $100,000,000 shall be allocated to each State; and
            (B) $100,000,000 shall be allocated to, and divided equally 
        among, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.
        (3) Allocation of remaining amounts.--
            (A) In general.--On or after the date on which the 
        broadband DATA maps are made public, of the amount appropriated 
        pursuant to subsection (b)(2), the Assistant Secretary shall 
        allocate to eligible entities, in accordance with subparagraph 
        (B) of this paragraph, the amount remaining after compliance 
        with paragraphs (1) and (2) of this subsection.
            (B) Allocation.--The amount allocated to an eligible entity 
        under subparagraph (B) shall be calculated by--
                (i) dividing the number of unserved locations in the 
            eligible entity by the total number of unserved locations 
            in the United States; and
                (ii) multiplying the quotient obtained under clause (i) 
            by the amount made available under subparagraph (A).
        (4) Availability conditioned on approval of applications.--The 
    availability of amounts allocated under paragraph (1), (2), or (3) 
    to an eligible entity shall be subject to approval by the Assistant 
    Secretary of the letter of intent, initial proposal, or final 
    proposal of the eligible entity, as applicable, under subsection 
    (e).
        (5) Contingency procedures.--
            (A) Definition.--In this paragraph, the term ``covered 
        application'' means a letter of intent, initial proposal, or 
        final proposal under this section.
            (B) Political subdivisions and consortia.--
                (i) Application failures.--The Assistant Secretary, in 
            carrying out the Program, shall provide that if an eligible 
            entity fails to submit a covered application by the 
            applicable deadline, or a covered application submitted by 
            an eligible entity is not approved by the applicable 
            deadline, a political subdivision or consortium of 
            political subdivisions of the eligible entity may submit 
            the applicable type of covered application in place of the 
            eligible entity.
                (ii) Treatment of political subdivision or consortium 
            as eligible entity.--In the case of a political subdivision 
            or consortium of political subdivisions that submits a 
            covered application under clause (i) that is approved by 
            the Assistant Secretary--

                    (I) except as provided in subclause (II) of this 
                clause, any reference in this section to an eligible 
                entity shall be deemed to refer to the political 
                subdivision or consortium; and
                    (II) any reference in this section to an eligible 
                entity in a geographic sense shall be deemed to refer 
                to the eligible entity in whose place the political 
                subdivision or consortium submitted the covered 
                application.

            (C) Reallocation to other eligible entities.--
                (i) Application failures.--The Assistant Secretary, in 
            carrying out the Program, shall provide that if an eligible 
            entity fails to submit a covered application by the 
            applicable deadline, or a covered application submitted by 
            an eligible entity is not approved by the applicable 
            deadline, as provided in subparagraph (A)), and no 
            political subdivision or consortium of political 
            subdivisions of the eligible entity submits a covered 
            application by the applicable deadline, or no covered 
            application submitted by such a political subdivision or 
            consortium is approved by the applicable deadline, as 
            provided in subparagraph (B), the Assistant Secretary--

                    (I) shall reallocate the amounts that would have 
                been available to the eligible entity pursuant to that 
                type of covered application to other eligible entities 
                that submitted that type of covered application by the 
                applicable deadline; and
                    (II) shall reallocate the amounts described in 
                subclause (I) of this clause in accordance with the 
                formula under paragraph (3).

                (ii) Failure to use full allocation.--The Assistant 
            Secretary, in carrying out the Program, shall provide that 
            if an eligible entity fails to use the full amount 
            allocated to the eligible entity under this subsection by 
            the applicable deadline, the Assistant Secretary--

                    (I) shall reallocate the unused amounts to other 
                eligible entities with approved final proposals; and
                    (II) shall reallocate the amounts described in 
                subclause (I) in accordance with the formula under 
                paragraph (3).

    (d) Administrative Expenses.--
        (1) Assistant secretary.--The Assistant Secretary may use not 
    more than 2 percent of amounts appropriated pursuant to subsection 
    (b) for administrative purposes.
        (2) Eligible entities.--
            (A) Pre-deployment planning.--An eligible entity may use 
        not more than 5 percent of the amount allocated to the eligible 
        entity under subsection (c)(2) for the planning and pre-
        deployment activities under subsection (e)(1)(C).
            (B) Administration.--An eligible entity may use not more 
        than 2 percent of the grant amounts made available to the 
        eligible entity under subsection (e) for expenses relating 
        (directly or indirectly) to administration of the grant.
    (e) Implementation.--
        (1) Initial program deployment and planning.--
            (A) Notice of funding opportunity; process.--Not later than 
        180 days after the date of enactment of this Act, the Assistant 
        Secretary shall--
                (i) issue a notice of funding opportunity for the 
            Program that--

                    (I) notifies eligible entities of--

                        (aa) the establishment of the Program; and
                        (bb) the amount of the minimum initial 
                    allocation to each eligible entity under subsection 
                    (c)(2);

                    (II) invites eligible entities to submit letters of 
                intent under subparagraph (B) in order to--

                        (aa) participate in the Program; and
                        (bb) receive funding for planning and pre-
                    deployment activities under subparagraph (C);

                    (III) contains details about the Program, including 
                an outline of the requirements for--

                        (aa) applications for grants under the Program, 
                    which shall consist of letters of intent, initial 
                    proposals, and final proposals; and
                        (bb) allowed uses of grant amounts awarded 
                    under this section, as provided in subsection (f); 
                    and

                    (IV) includes any other information determined 
                relevant by the Assistant Secretary;

                (ii) establish a process, in accordance with 
            subparagraph (C), through which to provide funding to 
            eligible entities for planning and pre-deployment 
            activities;
                (iii) develop and make public a standard online 
            application form that an eligible entity may use to submit 
            an initial proposal and final proposal for the grant 
            amounts allocated to the eligible entity under subsection 
            (c);
                (iv) publish a template--

                    (I) initial proposal that complies with paragraph 
                (3)(A); and
                    (II) final proposal that complies with paragraph 
                (4)(A); and

                (v) in consultation with the Commission, establish 
            standards for how an eligible entity shall assess the 
            capabilities and capacities of a prospective subgrantee 
            under subsection (g)(2)(A).
            (B) Letter of intent.--
                (i) In general.--An eligible entity that wishes to 
            participate in the Program shall file a letter of intent to 
            participate in the Program consistent with this 
            subparagraph.
                (ii) Form and contents.--The Assistant Secretary may 
            establish the form and contents required for a letter of 
            intent under this subparagraph, which contents may 
            include--

                    (I) details of--

                        (aa) the existing broadband program or office 
                    of the eligible entity, including--
                            (AA) activities that the program or office 
                        currently conducts;
                            (BB) the number of rounds of broadband 
                        deployment grants that the eligible entity has 
                        awarded, if applicable;
                            (CC) whether the eligible entity has an 
                        eligible entity-wide plan and goal for 
                        availability of broadband, and any relevant 
                        deadlines, as applicable; and
                            (DD) the amount of funding that the 
                        eligible entity has available for broadband 
                        deployment or other broadband-related 
                        activities, including data collection and local 
                        planning, and the sources of that funding, 
                        including whether the funds are from the 
                        eligible entity or from the Federal Government 
                        under the American Rescue Plan Act of 2021 
                        (Public Law 117-2);
                        (bb) the number of full-time employees and 
                    part-time employees of the eligible entity who will 
                    assist in administering amounts received under the 
                    Program and the duties assigned to those employees;
                        (cc) relevant contracted support; and
                        (dd) the goals of the eligible entity for the 
                    use of amounts received under the Program, the 
                    process that the eligible entity will use to 
                    distribute those amounts to subgrantees, the 
                    timeline for awarding subgrants, and oversight and 
                    reporting requirements that the eligible entity 
                    will impose on subgrantees;

                    (II) the identification of known barriers or 
                challenges to developing and administering a program to 
                administer grants received under the Program, if 
                applicable;
                    (III) the identification of the additional capacity 
                needed by the eligible entity to implement the 
                requirements under this section, such as--

                        (aa) enhancing the capacity of the broadband 
                    program or office of the eligible entity by 
                    receiving technical assistance from Federal 
                    entities or other partners, hiring additional 
                    employees, or obtaining support from contracted 
                    entities; or
                        (bb) acquiring additional programmatic 
                    information or data, such as through surveys or 
                    asset inventories;

                    (IV) an explanation of how the needs described in 
                subclause (III) were identified and how funds may be 
                used to address those needs, including target areas;
                    (V) details of any relevant partners, such as 
                organizations that may inform broadband deployment and 
                adoption planning; and
                    (VI) any other information determined relevant by 
                the Assistant Secretary.

            (C) Planning funds.--
                (i) In general.--The Assistant Secretary shall 
            establish a process through which an eligible entity, in 
            submitting a letter of intent under subparagraph (B), may 
            request access to not more than 5 percent of the amount 
            allocated to the eligible entity under subsection (c)(2) 
            for use consistent with this subparagraph.
                (ii) Funding availability.--If the Assistant Secretary 
            approves a request from an eligible entity under clause 
            (i), the Assistant Secretary shall make available to the 
            eligible entity an amount, as determined appropriate by the 
            Assistant Secretary, that is not more than 5 percent of the 
            amount allocated to the eligible entity under subsection 
            (c)(2).
                (iii) Eligible use.--The Assistant Secretary shall 
            determine the allowable uses of amounts made available 
            under clause (ii), which may include--

                    (I) research and data collection, including initial 
                identification of unserved locations and underserved 
                locations;
                    (II) the development of a preliminary budget for 
                pre-planning activities;
                    (III) publications, outreach, and communications 
                support;
                    (IV) providing technical assistance, including 
                through workshops and events;
                    (V) training for employees of the broadband program 
                or office of the eligible entity or employees of 
                political subdivisions of the eligible entity, and 
                related staffing capacity or consulting or contracted 
                support; and
                    (VI) with respect to an office that oversees 
                broadband programs and broadband deployment in an 
                eligible entity, establishing, operating, or increasing 
                the capacity of such a broadband office.

            (D) Action plan.--
                (i) In general.--An eligible entity that receives 
            funding from the Assistant Secretary under subparagraph (C) 
            shall submit to the Assistant Secretary a 5-year action 
            plan, which shall--

                    (I) be informed by collaboration with local and 
                regional entities; and
                    (II) detail--

                        (aa) investment priorities and associated 
                    costs;
                        (bb) alignment of planned spending with 
                    economic development, telehealth, and related 
                    connectivity efforts.
                (ii) Requirements of action plans.--The Assistant 
            Secretary shall establish requirements for the 5-year 
            action plan submitted by an eligible entity under clause 
            (i), which may include requirements to--

                    (I) address local and regional needs in the 
                eligible entity with respect to broadband service;
                    (II) propose solutions for the deployment of 
                affordable broadband service in the eligible entity;
                    (III) include localized data with respect to the 
                deployment of broadband service in the eligible entity, 
                including by identifying locations that should be 
                prioritized for Federal support with respect to that 
                deployment;
                    (IV) ascertain how best to serve unserved locations 
                in the eligible entity, whether through the 
                establishment of cooperatives or public-private 
                partnerships;
                    (V) identify the technical assistance that would be 
                necessary to carry out the plan; and
                    (VI) assess the amount of time it would take to 
                build out universal broadband service in the eligible 
                entity.

        (2) Notice of available amounts; invitation to submit initial 
    and final proposals.--On or after the date on which the broadband 
    DATA maps are made public, the Assistant Secretary, in coordination 
    with the Commission, shall issue a notice to each eligible entity 
    that--
            (A) contains the estimated amount available to the eligible 
        entity under subsection (c); and
            (B) invites the eligible entity to submit an initial 
        proposal and final proposal for a grant under this section, in 
        accordance with paragraphs (3) and (4) of this subsection.
        (3) Initial proposal.--
            (A) Submission.--
                (i) In general.--After the Assistant Secretary issues 
            the notice under paragraph (2), an eligible entity that 
            wishes to receive a grant under this section shall submit 
            an initial proposal for a grant, using the online 
            application form developed by the Assistant Secretary under 
            paragraph (1)(A)(iii), that--

                    (I) outlines long-term objectives for deploying 
                broadband, closing the digital divide, and enhancing 
                economic growth and job creation, including--

                        (aa) information developed by the eligible 
                    entity as part of the action plan submitted under 
                    paragraph (1)(D), if applicable; and
                        (bb) information from any comparable strategic 
                    plan otherwise developed by the eligible entity, if 
                    applicable;

                    (II)(aa) identifies, and outlines steps to support, 
                local and regional broadband planning processes or 
                ongoing efforts to deploy broadband or close the 
                digital divide; and
                    (bb) describes coordination with local governments, 
                along with local and regional broadband planning 
                processes;
                    (III) identifies existing efforts funded by the 
                Federal Government or a State within the jurisdiction 
                of the eligible entity to deploy broadband and close 
                the digital divide;
                    (IV) includes a plan to competitively award 
                subgrants to ensure timely deployment of broadband;
                    (V) identifies--

                        (aa) each unserved location or underserved 
                    location under the jurisdiction of the eligible 
                    entity; and
                        (bb) each community anchor institution under 
                    the jurisdiction of the eligible entity that is an 
                    eligible community anchor institution; and

                    (VI) certifies the intent of the eligible entity to 
                comply with all applicable requirements under this 
                section, including the reporting requirements under 
                subsection (j)(1).

                (ii) Local coordination.--

                    (I) In general.--The Assistant Secretary shall 
                establish local coordination requirements for eligible 
                entities to follow, to the greatest extent practicable.
                    (II) Requirements.-- The local coordination 
                requirements established under subclause (I) shall 
                include, at minimum, an opportunity for political 
                subdivisions of an eligible entity to--

                        (aa) submit plans for consideration by the 
                    eligible entity; and
                        (bb) comment on the initial proposal of the 
                    eligible entity before the initial proposal is 
                    submitted to the Assistant Secretary.
            (B) Single initial proposal.--An eligible entity may submit 
        only 1 initial proposal under this paragraph.
            (C) Corrections to initial proposal.--The Assistant 
        Secretary may accept corrections to the initial proposal of an 
        eligible entity after the initial proposal has been submitted.
            (D) Consideration of initial proposal.--After receipt of an 
        initial proposal for a grant under this paragraph, the 
        Assistant Secretary--
                (i) shall acknowledge receipt;
                (ii) if the initial proposal is complete--

                    (I) shall determine whether the use of funds 
                proposed in the initial proposal--

                        (aa) complies with subsection (f);
                        (bb) is in the public interest; and
                        (cc) effectuates the purposes of this Act;

                    (II) shall approve or disapprove the initial 
                proposal based on the determinations under subclause 
                (I); and
                    (III) if the Assistant Secretary approves the 
                initial proposal under clause (ii)(II), shall make 
                available to the eligible entity--

                        (aa) 20 percent of the grant funds that were 
                    allocated to the eligible entity under subsection 
                    (c); or
                        (bb) a higher percentage of the grant funds 
                    that were allocated to the eligible entity under 
                    subsection (c), at the discretion of the Assistant 
                    Secretary; and
                (iii) if the initial proposal is incomplete, or is 
            disapproved under clause (ii)(II), shall notify the 
            eligible entity and provide the eligible entity with an 
            opportunity to resubmit the initial proposal.
            (E) Consideration of resubmitted initial proposal.--After 
        receipt of a resubmitted initial proposal for a grant under 
        this paragraph, the Assistant Secretary--
                (i) shall acknowledge receipt;
                (ii) if the initial proposal is complete--

                    (I) shall determine whether the use of funds 
                proposed in the initial proposal--

                        (aa) complies with subsection (f);
                        (bb) is in the public interest; and
                        (cc) effectuates the purposes of this Act;

                    (II) shall approve or disapprove the initial 
                proposal based on the determinations under subclause 
                (I); and
                    (III) if the Assistant Secretary approves the 
                initial proposal under clause (ii)(II), shall make 
                available to the eligible entity--

                        (aa) 20 percent of the grant funds that were 
                    allocated to the eligible entity under subsection 
                    (c); or
                        (bb) a higher percentage of the grant funds 
                    that were allocated to the eligible entity under 
                    subsection (c), at the discretion of the Assistant 
                    Secretary; and
                (iii) if the initial proposal is incomplete, or is 
            disapproved under clause (ii)(II), shall notify the 
            eligible entity and provide the eligible entity with an 
            opportunity to resubmit the initial proposal.
        (4) Final proposal.--
            (A) Submission.--
                (i) In general.--After the Assistant Secretary 
            approvals the initial proposal of an eligible entity under 
            paragraph (3), the eligible entity may submit a final 
            proposal for the remainder of the amount allocated to the 
            eligible entity under subsection (c), using the online 
            application form developed by the Assistant Secretary under 
            paragraph (1)(A)(iii), that includes--

                    (I) a detailed plan that specifies how the eligible 
                entity will--

                        (aa) allocate grant funds for the deployment of 
                    broadband networks to unserved locations and 
                    underserved locations, in accordance with 
                    subsection (h)(1)(A)(i); and
                        (bb) align the grant funds allocated to the 
                    eligible entity under subsection (c), where 
                    practicable, with the use of other funds that the 
                    eligible entity receives from the Federal 
                    Government, a State, or a private entity for 
                    related purposes;

                    (II) a timeline for implementation;
                    (III) processes for oversight and accountability to 
                ensure the proper use of the grant funds allocated to 
                the eligible entity under subsection (c); and
                    (IV) a description of coordination with local 
                governments, along with local and regional broadband 
                planning processes.

                (ii) Local coordination.--

                    (I) In general.--The Assistant Secretary shall 
                establish local coordination requirements for eligible 
                entities to follow, to the greatest extent practicable.
                    (II) Requirements.-- The local coordination 
                requirements established under subclause (I) shall 
                include, at minimum, an opportunity for political 
                subdivisions of an eligible entity to--

                        (aa) submit plans for consideration by the 
                    eligible entity; and
                        (bb) comment on the final proposal of the 
                    eligible entity before the final proposal is 
                    submitted to the Assistant Secretary.
                (iii) Federal coordination.--To ensure efficient and 
            effective use of taxpayer funds, an eligible entity shall, 
            to the greatest extent practicable, align the use of grant 
            funds proposed in the final proposal under clause (i) with 
            funds available from other Federal programs that support 
            broadband deployment and access.
            (B) Single final proposal.--An eligible entity may submit 
        only 1 final proposal under this paragraph.
            (C) Corrections to final proposal.--The Assistant Secretary 
        may accept corrections to the final proposal of an eligible 
        entity after the final proposal has been submitted.
            (D) Consideration of final proposal.--After receipt of a 
        final proposal for a grant under this paragraph, the Assistant 
        Secretary--
                (i) shall acknowledge receipt;
                (ii) if the final proposal is complete--

                    (I) shall determine whether the use of funds 
                proposed in the final proposal--

                        (aa) complies with subsection (f);
                        (bb) is in the public interest; and
                        (cc) effectuates the purposes of this Act;

                    (II) shall approve or disapprove the final proposal 
                based on the determinations under subclause (I); and
                    (III) if the Assistant Secretary approves the final 
                proposal under clause (ii)(II), shall make available to 
                the eligible entity the remainder of the grant funds 
                allocated to the eligible entity under subsection (c); 
                and

                (iii) if the final proposal is incomplete, or is 
            disapproved under clause (ii)(II), shall notify the 
            eligible entity and provide the eligible entity with an 
            opportunity to resubmit the final proposal.
            (E) Consideration of resubmitted final proposal.--After 
        receipt of a resubmitted final proposal for a grant under this 
        paragraph, the Assistant Secretary--
                (i) shall acknowledge receipt;
                (ii) if the final proposal is complete--

                    (I) shall determine whether the use of funds 
                proposed in the final proposal--

                        (aa) complies with subsection (f);
                        (bb) is in the public interest; and
                        (cc) effectuates the purposes of this Act;

                    (II) shall approve or disapprove the final proposal 
                based on the determinations under subclause (I); and
                    (III) if the Assistant Secretary approves the final 
                proposal under clause (ii)(II), shall make available to 
                the eligible entity the remainder of the grant funds 
                allocated to the eligible entity under subsection (c); 
                and

                (iii) if the final proposal is incomplete, or is 
            disapproved under clause (ii)(II), shall notify the 
            eligible entity and provide the eligible entity with an 
            opportunity to resubmit the final proposal.
    (f) Use of Funds.--An eligible entity may use grant funds received 
under this section to competitively award subgrants for--
        (1) unserved service projects and underserved service projects;
        (2) connecting eligible community anchor institutions;
        (3) data collection, broadband mapping, and planning;
        (4) installing internet and Wi-Fi infrastructure or providing 
    reduced-cost broadband within a multi-family residential building, 
    with priority given to a residential building that--
            (A) has a substantial share of unserved households; or
            (B) is in a location in which the percentage of individuals 
        with a household income that is at or below 150 percent of the 
        poverty line applicable to a family of the size involved (as 
        determined under section 673(2) of the Community Services Block 
        Grant Act (42 U.S.C. 9902(2)) is higher than the national 
        percentage of such individuals;
        (5) broadband adoption, including programs to provide 
    affordable internet-capable devices; and
        (6) any use determined necessary by the Assistant Secretary to 
    facilitate the goals of the Program.
    (g) General Program Requirements.--
        (1) Subgrantee obligations.--A subgrantee, in carrying out 
    activities using amounts received from an eligible entity under 
    this section--
            (A) shall adhere to quality-of-service standards, as 
        established by the Assistant Secretary;
            (B) shall comply with prudent cybersecurity and supply 
        chain risk management practices, as specified by the Assistant 
        Secretary, in consultation with the Director of the National 
        Institute of Standards and Technology and the Commission;
            (C) shall incorporate best practices, as defined by the 
        Assistant Secretary, for ensuring reliability and resilience of 
        broadband infrastructure; and
            (D) may not use the amounts to purchase or support--
                (i) any covered communications equipment or service, as 
            defined in section 9 of the Secure and Trusted 
            Communications Networks Act of 2019 (47 U.S.C. 1608); or
                (ii) fiber optic cable and optical transmission 
            equipment manufactured in the People's Republic of China, 
            except that the Assistant Secretary may waive the 
            application of this clause with respect to a project if the 
            eligible entity that awards a subgrant for the project 
            shows that such application would unreasonably increase the 
            cost of the project.
        (2) Eligible entity obligations.--In distributing funds to 
    subgrantees under this section, an eligible entity shall--
            (A) ensure that any prospective subgrantee--
                (i) is capable of carrying out activities funded by the 
            subgrant in a competent manner in compliance with all 
            applicable Federal, State, and local laws;
                (ii) has the financial and managerial capacity to 
            meet--

                    (I) the commitments of the subgrantee under the 
                subgrant;
                    (II) the requirements of the Program; and
                    (III) such requirements as may be further 
                prescribed by the Assistant Secretary; and

                (iii) has the technical and operational capability to 
            provide the services promised in the subgrant in the manner 
            contemplated by the subgrant award;
            (B) stipulate, in any contract with a subgrantee for the 
        use of such funds, reasonable provisions for recovery of funds 
        for nonperformance; and
            (C)(i) distribute the funds in an equitable and non-
        discriminatory manner; and
            (ii) ensure, through a stipulation in any contract with a 
        subgrantee for the use of such funds, that each subgrantee uses 
        the funds in an equitable and nondiscriminatory manner.
        (3) Deobligation of awards; internet disclosure.--The Assistant 
    Secretary--
            (A) shall establish, in coordination with relevant Federal 
        and State partners, appropriate mechanisms to ensure 
        appropriate use of funds made available under this section;
            (B) may, in addition to other authority under applicable 
        law--
                (i) deobligate grant funds awarded to an eligible 
            entity that--

                    (I) violates paragraph (2); or
                    (II) demonstrates an insufficient level of 
                performance, or wasteful or fraudulent spending, as 
                defined in advance by the Assistant Secretary; and

                (ii) award grant funds that are deobligated under 
            clause (i) to new or existing applicants consistent with 
            this section; and
            (C) shall create and maintain a fully searchable database, 
        accessible on the internet at no cost to the public, that 
        contains information sufficient to allow the public to 
        understand and monitor grants and subgrants awarded under the 
        Program.
    (h) Broadband Network Deployment.--
        (1) Order of awards; priority.--
            (A) In general.--An eligible entity, in awarding subgrants 
        for the deployment of a broadband network using grant funds 
        received under this section, as authorized under subsection 
        (f)(1)--
                (i) shall award funding in a manner that--

                    (I) prioritizes unserved service projects;
                    (II) after certifying to the Assistant Secretary 
                that the eligible entity will ensure coverage of 
                broadband service to all unserved locations within the 
                eligible entity, prioritizes underserved service 
                projects; and
                    (III) after prioritizing underserved service 
                projects, provides funding to connect eligible 
                community anchor institutions;

                (ii) in providing funding under subclauses (I), (II), 
            and (III) of clause (i), shall prioritize funding for 
            deployment of broadband infrastructure for priority 
            broadband projects;
                (iii) may not exclude cooperatives, nonprofit 
            organizations, public-private partnerships, private 
            companies, public or private utilities, public utility 
            districts, or local governments from eligibility for such 
            grant funds; and
                (iv) shall give priority to projects based on--

                    (I) deployment of a broadband network to persistent 
                poverty counties or high-poverty areas;
                    (II) the speeds of the proposed broadband service;
                    (III) the expediency with which a project can be 
                completed; and
                    (IV) a demonstrated record of and plans to be in 
                compliance with Federal labor and employment laws.

            (B) Authority of assistant secretary.--The Assistant 
        Secretary may provide additional guidance on the prioritization 
        of subgrants awarded for the deployment of a broadband network 
        using grant funds received under this section.
        (2) Challenge process.--
            (A) In general.--After submitting an initial proposal under 
        subsection (e)(3) and before allocating grant funds received 
        under this section for the deployment of broadband networks, an 
        eligible entity shall ensure a transparent, evidence-based, and 
        expeditious challenge process under which a unit of local 
        government, nonprofit organization, or other broadband service 
        provider can challenge a determination made by the eligible 
        entity in the initial proposal as to whether a particular 
        location or community anchor institution within the 
        jurisdiction of the eligible entity is eligible for the grant 
        funds, including whether a particular location is unserved or 
        underserved.
            (B) Final identification; notification of funding 
        eligibility.--After resolving each challenge under subparagraph 
        (A), and not later than 60 days before allocating grant funds 
        received under this section for the deployment of broadband 
        networks, an eligible entity shall provide public notice of the 
        final classification of each unserved location, underserved 
        location, or eligible community anchor institution within the 
        jurisdiction of the eligible entity.
            (C) Consultation with ntia.--An eligible entity shall 
        notify the Assistant Secretary of any modification to the 
        initial proposal of the eligible entity submitted under 
        subsection (e)(3) that is necessitated by a successful 
        challenge under subparagraph (A) of this paragraph.
            (D) NTIA authority.--The Assistant Secretary--
                (i) may modify the challenge process required under 
            subparagraph (A) as necessary; and
                (ii) may reverse the determination of an eligible 
            entity with respect to the eligibility of a particular 
            location or community anchor institution for grant funds 
            under this section.
            (E) Expediting broadband data collection activities.--
                (i) Deadline for resolution of challenge process under 
            broadband data act.--Section 802(b)(5)(C)(i) of the 
            Communications Act of 1934 (47 U.S.C. 642(b)(5)(C)(i)) is 
            amended by striking ``challenges'' and inserting the 
            following: ``challenges, which shall require that the 
            Commission resolve a challenge not later than 90 days after 
            the date on which a final response by a provider to a 
            challenge to the accuracy of a map or information described 
            in subparagraph (A) is complete''.
                (ii) Paperwork reduction act exemption expansion.--
            Section 806(b) of the Communications Act of 1934 (47 U.S.C. 
            646(b)) is amended by striking ``the initial rule making 
            required under section 802(a)(1)'' and inserting ``any rule 
            making or other action by the Commission required under 
            this title''.
                (iii) Implementation.--The Commission shall implement 
            the amendments made by this subparagraph as soon as 
            possible after the date of enactment of this Act.
        (3) Non-federal share of broadband infrastructure deployment 
    costs.--
            (A) In general.--
                (i) Matching requirement.--In allocating grant funds 
            received under this section for deployment of broadband 
            networks, an eligible entity shall provide, or require a 
            subgrantee to provide, a contribution, derived from non-
            Federal funds (or funds from a Federal regional commission 
            or authority), except in high-cost areas or as otherwise 
            provided by this Act, of not less than 25 percent of 
            project costs.
                (ii) Waiver.--Upon request by an eligible entity or a 
            subgrantee, the Assistant Secretary may reduce or waive the 
            required matching contribution under clause (i).
            (B) Source of match.--A matching contribution under 
        subparagraph (A)--
                (i) may be provided by an eligible entity, a unit of 
            local government, a utility company, a cooperative, a 
            nonprofit organization, a for-profit company, regional 
            planning or governmental organization, a Federal regional 
            commission or authority, or any combination thereof;
                (ii) may include in-kind contributions; and
                (iii) may include funds that were provided to an 
            eligible entity or a subgrantee--

                    (I) under--

                        (aa) the Families First Coronavirus Response 
                    Act (Public Law 116-127; 134 Stat. 178);
                        (bb) the CARES Act (Public Law 116-136; 134 
                    Stat. 281);
                        (cc) the Consolidated Appropriations Act, 2021 
                    (Public Law 116-260; 134 Stat. 1182);
                        (dd) the American Rescue Plan Act of 2021 
                    (Public Law 117-2; 135 Stat. 4); or
                        (ee) any amendment made by an Act described in 
                    any of items (aa) through (dd); and

                    (II) for the purpose of deployment of broadband 
                service, as described in the applicable provision of 
                law described in subclause (I).

            (C) Definition.--For purposes of this paragraph, the term 
        ``Federal regional commission or authority'' means--
                (i) the Appalachian Regional Commission;
                (ii) the Delta Regional Authority;
                (iii) the Denali Commission; and
                (iv) the Northern Border Regional Commission.
        (4) Deployment and provision of service requirements.--An 
    entity that receives a subgrant under subsection (f)(1) for the 
    deployment of a broadband network--
            (A) in providing broadband service using the network--
                (i) shall provide broadband service--

                    (I) at a speed of not less than 100 megabits per 
                second for downloads and 20 megabits per second for 
                uploads;
                    (II) with a latency that is sufficiently low to 
                allow reasonably foreseeable, real-time, interactive 
                applications; and
                    (III) with network outages that do not exceed, on 
                average, 48 hours over any 365-day period; and

                (ii) shall provide access to broadband service to each 
            customer served by the project that desires broadband 
            service;
            (B) shall offer not less than 1 low-cost broadband service 
        option for eligible subscribers, as those terms are defined in 
        paragraph (5) of this subsection;
            (C) shall deploy the broadband network and begin providing 
        broadband service to each customer that desires broadband 
        service not later than 4 years after the date on which the 
        entity receives the subgrant, except that an eligible entity 
        may extend the deadline under this subparagraph if--
                (i) the eligible entity has a plan for use of the grant 
            funds;
                (ii) the construction project is underway; or
                (iii) extenuating circumstances require an extension of 
            time to allow the project to be completed;
            (D) for any project that involves laying fiber optic cables 
        or conduit underground or along a roadway, shall include 
        interspersed conduit access points at regular and short 
        intervals;
            (E) may use the subgrant to deploy broadband infrastructure 
        in or through any area required to reach interconnection points 
        or otherwise to ensure the technical feasibility and financial 
        sustainability of a project providing broadband service to an 
        unserved location, underserved location, or eligible community 
        anchor institution;
            (F) once the network has been deployed, shall provide 
        public notice, online and through other means, of that fact to 
        the locations and areas to which broadband service has been 
        provided and share the public notice with the eligible entity 
        that awarded the subgrant;
            (G) shall carry out public awareness campaigns in service 
        areas that are designed to highlight the value and benefits of 
        broadband service in order to increase the adoption of 
        broadband service by consumers; and
            (H) if the entity is no longer able to provide broadband 
        service to the locations covered by the subgrant at any time, 
        shall sell the network capacity at a reasonable, wholesale rate 
        on a nondiscriminatory basis to other broadband service 
        providers or public sector entities.
        (5) Low-cost broadband service option.--
            (A) Definitions.--In this paragraph--
                (i) the term ``eligible subscriber'' shall have the 
            meaning given the term by the Assistant Secretary for 
            purposes of this paragraph; and
                (ii) the term ``low-cost broadband service option'' 
            shall be defined by an eligible entity for subgrantees of 
            the eligible entity in accordance with subparagraph (B).
            (B) Defining ``low-cost broadband service option''.--
                (i) Proposal.--An eligible entity shall submit to the 
            Assistant Secretary for approval, in the final proposal of 
            the eligible entity submitted under subsection (e)(4), a 
            proposed definition of ``low-cost broadband service 
            option'' that shall apply to subgrantees of the eligible 
            entity for purposes of the requirement under paragraph 
            (4)(B) of this subsection.
                (ii) Consultation.--An eligible entity shall consult 
            with the Assistant Secretary and prospective subgrantees 
            regarding a proposed definition of ``low-cost broadband 
            service option'' before submitting the proposed definition 
            to the Assistant Secretary under clause (i).
                (iii) Approval of assistant secretary.--

                    (I) In general.--A proposed definition of ``low-
                cost broadband service option'' submitted by an 
                eligible entity under clause (i) shall not take effect 
                until the Assistant Secretary approves the final 
                proposal of the eligible entity submitted under 
                subsection (e)(4), including approval of the proposed 
                definition of ``low-cost broadband service option''.
                    (II) Resubmission.--If the Assistant Secretary does 
                not approve a proposed definition of ``low-cost 
                broadband service option'' submitted by an eligible 
                entity under clause (i), the Assistant Secretary 
                shall--

                        (aa) notify the eligible entity and provide the 
                    eligible entity with an opportunity to resubmit the 
                    final proposal, as provided in subsection (e)(4), 
                    with an improved definition of ``low-cost broadband 
                    service option''; and
                        (bb) provide the eligible entity with 
                    instructions on how to cure the defects in the 
                    proposed definition.
                (iv) Public disclosure.--After the Assistant Secretary 
            approves the final proposal of an eligible entity under 
            subsection (e)(4), and before the Assistant Secretary 
            disburses any funds to the eligible entity based on that 
            approval, the Assistant Secretary shall publicly disclose 
            the eligible entity's definition of ``low-cost broadband 
            service option''.
            (C) Nonperformance.--The Assistant Secretary shall develop 
        procedures under which the Assistant Secretary or an eligible 
        entity may--
                (i) evaluate the compliance of a subgrantee with the 
            requirement under paragraph (4)(B); and
                (ii) take corrective action, including recoupment of 
            funds from the subgrantee, for noncompliance with the 
            requirement under paragraph (4)(B).
            (D) No regulation of rates permitted.--Nothing in this 
        title may be construed to authorize the Assistant Secretary or 
        the National Telecommunications and Information Administration 
        to regulate the rates charged for broadband service.
            (E) Guidance.--The Assistant Secretary may issue guidance 
        to eligible entities to carry out the purposes of this 
        paragraph.
        (6) Return of funds.--An entity that receives a subgrant from 
    an eligible entity under subsection (f) and fails to comply with 
    any requirement under this subsection shall return up to the entire 
    amount of the subgrant to the eligible entity, at the discretion of 
    the eligible entity or the Assistant Secretary.
    (i) Regulations.--The Assistant Secretary may issue such 
regulations or other guidance, forms, instructions, and publications as 
may be necessary or appropriate to carry out the programs, projects, or 
activities authorized under this section, including to ensure that 
those programs, projects, or activities are completed in a timely and 
effective manner.
    (j) Reporting.--
        (1) Eligible entities.--
            (A) Initial report.--Not later than 90 days after receiving 
        grant funds under this section, for the sole purposes of 
        providing transparency and providing information to inform 
        future Federal broadband planning, an eligible entity shall 
        submit to the Assistant Secretary a report that--
                (i) describes the planned and actual use of funds;
                (ii) describes the planned and actual process of 
            subgranting;
                (iii) identifies the establishment of appropriate 
            mechanisms by the eligible entity to ensure that all 
            subgrantees of the eligible entity comply with the eligible 
            uses prescribed under subsection (f); and
                (iv) includes any other information required by the 
            Assistant Secretary.
            (B) Semiannual report.--Not later than 1 year after 
        receiving grant funds under this section, and semiannually 
        thereafter until the funds have been expended, an eligible 
        entity shall submit to the Assistant Secretary a report, with 
        respect to the 6-month period immediately preceding the report 
        date, that--
                (i) describes how the eligible entity expended the 
            grant funds;
                (ii) describes each service provided with the grant 
            funds;
                (iii) describes the number of locations at which 
            broadband service was made available using the grant funds, 
            and the number of those locations at which broadband 
            service was utilized; and
                (iv) certifies that the eligible entity complied with 
            the requirements of this section and with any additional 
            reporting requirements prescribed by the Assistant 
            Secretary.
            (C) Final report.--Not later than 1 year after an eligible 
        entity has expended all grant funds received under this 
        section, the eligible entity shall submit to the Assistant 
        Secretary a report that--
                (i) describes how the eligible entity expended the 
            funds;
                (ii) describes each service provided with the grant 
            funds;
                (iii) describes the number of locations at which 
            broadband service was made available using the grant funds, 
            and the number of those locations at which broadband 
            service was utilized;
                (iv) includes each report that the eligible entity 
            received from a subgrantee under paragraph (2); and
                (v) certifies that the eligible entity complied with 
            the requirements of this section and with any additional 
            reporting requirements prescribed by the Assistant 
            Secretary.
            (D) Provision to fcc and usda.--Subject to section 
        904(b)(2) of division FF of the Consolidated Appropriations 
        Act, 2021 (Public Law 116-260) (relating to an interagency 
        agreement), the Assistant Secretary shall coordinate with the 
        Commission and the Department of Agriculture, including 
        providing the final reports received under subparagraph (C) to 
        the Commission and the Department of Agriculture to be used 
        when determining whether to award funds for the deployment of 
        broadband under any program administered by those agencies.
            (E) Federal agency reporting requirement.--
                (i) Definitions.--In this subparagraph, the terms 
            ``agency'' and ``Federal broadband support program'' have 
            the meanings given those terms in section 903 of division 
            FF of the Consolidated Appropriations Act, 2021 (Public Law 
            116-260) (also known as the ``ACCESS BROADBAND Act'').
                (ii) Requirement.--An agency that offers a Federal 
            broadband support program shall provide data to the 
            Assistant Secretary, in a manner and format prescribed by 
            the Assistant Secretary, to promote coordination of efforts 
            to track construction and use of broadband infrastructure.
        (2) Subgrantees.--
            (A) Semiannual report.--The recipient of a subgrant from an 
        eligible entity under this section shall submit to the eligible 
        entity a semiannual report for the duration of the subgrant to 
        track the effectiveness of the use of funds provided.
            (B) Contents.--Each report submitted under subparagraph (A) 
        shall--
                (i) describe each type of project carried out using the 
            subgrant and the duration of the subgrant;
                (ii) in the case of a broadband infrastructure 
            project--

                    (I) include a list of addresses or locations that 
                constitute the service locations that will be served by 
                the broadband infrastructure to be constructed;
                    (II) identify whether each address or location 
                described in subclause (I) is residential, commercial, 
                or a community anchor institution;
                    (III) describe the types of facilities that have 
                been constructed and installed;
                    (IV) describe the peak and off-peak actual speeds 
                of the broadband service being offered;
                    (V) describe the maximum advertised speed of the 
                broadband service being offered;
                    (VI) describe the non-promotional prices, including 
                any associated fees, charged for different tiers of 
                broadband service being offered;
                    (VII) include any other data that would be required 
                to comply with the data and mapping collection 
                standards of the Commission under section 1.7004 of 
                title 47, Code of Federal Regulations, or any successor 
                regulation, for broadband infrastructure projects; and
                    (VIII) comply with any other reasonable reporting 
                requirements determined by the eligible entity or the 
                Assistant Secretary; and

                (iii) certify that the information in the report is 
            accurate.
        (3) Standardization and coordination.--The Assistant Secretary 
    and the Commission shall collaborate to--
            (A) standardize and coordinate reporting of locations at 
        which broadband service was provided using grant funds received 
        under this section in accordance with title VIII of the 
        Communications Act of 1934 (47 U.S.C. 641 et seq.); and
            (B) provide a standardized methodology to recipients of 
        grants and subgrantees under this section for reporting the 
        information described in subparagraph (A).
        (4) Information on broadband subsidies and low-income plans.--
            (A) Establishment of website.--Not later than 2 years after 
        the date of enactment of this Act, the Assistant Secretary, in 
        consultation with the Commission, shall establish a publicly 
        available website that--
                (i) allows a consumer to determine, based on financial 
            information entered by the consumer, whether the consumer 
            is eligible--

                    (I) to receive a Federal or State subsidy with 
                respect to broadband service; or
                    (II) for a low-income plan with respect to 
                broadband service; and

                (ii) contains information regarding how to apply for 
            the applicable benefit described in clause (i).
            (B) Provision of data.--A Federal entity, State entity 
        receiving Federal funds, or provider of broadband service that 
        offers a subsidy or low-income plan, as applicable, with 
        respect to broadband service shall provide data to the 
        Assistant Secretary in a manner and format as established by 
        the Assistant Secretary as necessary for the Assistant 
        Secretary to carry out subparagraph (A).
    (k) Relation to Other Public Funding.--Notwithstanding any other 
provision of law--
        (1) an entity that has received amounts from the Federal 
    Government or a State or local government for the purpose of 
    expanding access to broadband service may receive a subgrant under 
    subsection (f) in accordance with this section; and
        (2) the receipt of a subgrant under subsection (f) by an entity 
    described in paragraph (1) of this subsection shall not affect the 
    eligibility of the entity to receive the amounts from the Federal 
    Government or a State or local government described in that 
    paragraph.
    (l) Supplement Not Supplant.--Grant funds awarded to an eligible 
entity under this section shall be used to supplement, and not 
supplant, the amounts that the eligible entity would otherwise make 
available for the purposes for which the grant funds may be used.
    (m) Sense of Congress Regarding Federal Agency Coordination.--It is 
the sense of Congress that Federal agencies responsible for supporting 
broadband deployment, including the Commission, the Department of 
Commerce, and the Department of Agriculture, to the extent possible, 
should align the goals, application and reporting processes, and 
project requirements with respect to broadband deployment supported by 
those agencies.
    (n) Judicial Review.--
        (1) In general.--The United States District Court for the 
    District of Columbia shall have exclusive jurisdiction to review a 
    decision of the Assistant Secretary made under this section.
        (2) Standard of review.--In carrying out any review described 
    in paragraph (1), the court shall affirm the decision of the 
    Assistant Secretary unless--
            (A) the decision was procured by corruption, fraud, or 
        undue means;
            (B) there was actual partiality or corruption in the 
        Assistant Secretary; or
            (C) the Assistant Secretary was guilty of--
                (i) misconduct in refusing to review the administrative 
            record; or
                (ii) any other misbehavior by which the rights of any 
            party have been prejudiced.
    (o) Exemption From Certain Laws.--Any action taken or decision made 
by the Assistant Secretary under this section shall be exempt from the 
requirements of--
        (1) section 3506 of title 44, United States Code (commonly 
    referred to as the ``Paperwork Reduction Act'');
        (2) chapter 5 or 7 of title 5, United States Code (commonly 
    referred to as the ``Administrative Procedures Act''); and
        (3) chapter 6 of title 5, United States Code (commonly referred 
    to as the ``Regulatory Flexibility Act'').
SEC. 60103. BROADBAND DATA MAPS.
    (a) Definition.--In this section, the term ``Commission'' means the 
Federal Communications Commission.
    (b) Provision of Information.--A broadband provider shall provide 
the Commission with any information, in the format, type, or 
specification requested by the Commission, necessary to augment the 
collection of data by the Commission under--
        (1) title VIII of the Communications Act of 1934 (47 U.S.C. 641 
    et seq.); or
        (2) the Form 477 data collection program.
    (c) Notice of Initial Broadband DATA Collection Filing Deadline.--
The Commission--
        (1) shall provide notice to broadband providers not later than 
    60 days before the initial deadline for submission of data under 
    section 802(a)(1)(A) of the Communications Act of 1934 (47 U.S.C. 
    642(a)(1)(A)); and
        (2) notwithstanding any prior decision of the Commission to the 
    contrary, shall not be required to provide notice not later than 6 
    months before the initial deadline described in paragraph (1).
    (d) Availability of Census Data.--
        (1) In general.--Section 802(b)(1) of the Communications Act of 
    1934 (47 U.S.C. 802(b)(1)) is amended by adding at the end the 
    following:
            ``(D) Availability of census data.--The Secretary of 
        Commerce shall submit to the Commission, for inclusion in the 
        Fabric, a count of the aggregate number of housing units in 
        each census block, as collected by the Bureau of the Census.''.
        (2) Provision of updated 2020 census data.--Not later than 30 
    days after receiving a request from the Commission, the Secretary 
    of Commerce, in implementing the amendment made by paragraph (1), 
    shall provide the Commission with a count of the aggregate number 
    of housing units in each census block, as collected during the 2020 
    decennial census of population.
    (e) Publication of Broadband DATA Maps on Internet.--Section 
802(c)(6) of the Communications Act of 1934 (47 U.S.C. 642(c)(6)) is 
amended, in the matter preceding paragraph (6), by inserting ``, 
including on a publicly available website,'' after ``make public''.
SEC. 60104. REPORT ON FUTURE OF UNIVERSAL SERVICE FUND.
    (a) Definitions.--In this section--
        (1) the term ``Commission'' means the Federal Communications 
    Commission; and
        (2) the term ``universal service goals for broadband'' means 
    the statutorily mandated goals of universal service for advanced 
    telecommunications capability under section 706 of the 
    Telecommunications Act of 1996 (47 U.S.C. 1302).
    (b) Evaluation.--Not later than 30 days after the date of enactment 
of this Act, the Commission shall commence a proceeding to evaluate the 
implications of this Act and the amendments made by this Act on how the 
Commission should achieve the universal service goals for broadband.
    (c) Report.--
        (1) In general.--Not later than 270 days after the date of 
    enactment of this Act, the Commission shall submit to Congress a 
    report on the options of the Commission for improving its 
    effectiveness in achieving the universal service goals for 
    broadband in light of this Act and the amendments made by this Act, 
    and other legislation that addresses those goals.
        (2) Recommendations.--In the report submitted under paragraph 
    (1), the Commission may make recommendations for Congress on 
    further actions the Commission and Congress could take to improve 
    the ability of the Commission to achieve the universal service 
    goals for broadband.
        (3) Scope of universal service.--In submitting the report under 
    paragraph (1), the Commission--
            (A) may not in any way reduce the congressional mandate to 
        achieve the universal service goals for broadband; and
            (B) may provide recommendations for Congress to expand the 
        universal service goals for broadband, if the Commission 
        believes such an expansion is in the public interest.
SEC. 60105. 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) 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) 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, 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) 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) 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.

          TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.

SEC. 60201. TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
     Section 905 of division N of the Consolidated Appropriations Act, 
2021 (Public Law 116-260) is amended--
        (1) in subsection (c)--
            (A) in paragraph (1)(B), by striking ``during the COVID-19 
        pandemic'';
            (B) in paragraph (4)--
                (i) in subparagraph (A)--

                    (I) in clause (i), by striking ``180 days after 
                receiving grant funds'' and inserting ``18 months after 
                receiving an allocation of funds pursuant to a specific 
                grant award''; and
                    (II) in clause (ii), by striking ``revert to the 
                general fund of the Treasury'' and inserting ``be made 
                available to other eligible entities for the purposes 
                provided in this subsection'';

                (ii) in subparagraph (B)--

                    (I) in clause (i), by striking ``1 year after 
                receiving grant funds'' and inserting ``4 years after 
                receiving an allocation of funds pursuant to a specific 
                grant award'';
                    (II) by redesignating clause (iii) as clause (iv); 
                and
                    (III) by inserting after clause (ii) the following:

                ``(iii) Extensions for other projects.--The Assistant 
            Secretary may, for good cause shown, extend the period 
            under clause (i) for an eligible entity that proposes to 
            use the grant funds for an eligible use other than 
            construction of broadband infrastructure, based on a 
            detailed showing by the eligible entity of the need for an 
            extension.''; and
                (iii) by adding at the end the following:
            ``(C) Multiple grant awards.--If the Assistant Secretary 
        awards multiple grants to an eligible entity under this 
        subsection, the deadlines under subparagraphs (A) and (B) shall 
        apply individually to each grant award.''; and
            (C) by striking paragraph (6) and inserting the following:
        ``(6) Administrative expenses of eligible entities.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        an eligible entity may use not more than 2 percent of grant 
        funds received under this subsection for administrative 
        purposes.
            ``(B) Broadband infrastructure projects.--An eligible 
        entity that proposes to use grant funds for the construction of 
        broadband infrastructure may use an amount of the grant funds 
        equal to not more than 2.5 percent of the total project cost 
        for planning, feasibility, and sustainability studies related 
        to the project.''; and
        (2) in subsection (e), by adding at the end the following:
        ``(6) Additional appropriations for tribal broadband 
    connectivity program.--
            ``(A) Definition.--In this paragraph, the term `initial 
        round of funding'--
                ``(i) means the allocation under paragraph (2)(E) of 
            funds appropriated under subsection (b)(1); and
                ``(ii) does not include any reallocation of funds under 
            paragraph (2)(F).
            ``(B) New funding.--If Congress appropriates additional 
        funds for grants under subsection (c) after the date of 
        enactment of this Act, the Assistant Secretary--
                ``(i) may use a portion of the funds to fully fund any 
            grants under that subsection for which the Assistant 
            Secretary received an application and which the Assistant 
            Secretary did not fully fund during the initial round of 
            funding; and
                ``(ii) shall allocate any remaining funds through 
            subsequent funding rounds consistent with the requirements 
            of this section, except as provided in subparagraph (C) of 
            this paragraph.
            ``(C) Exceptions.--If Congress appropriates additional 
        funds for grants under subsection (c) after the date of 
        enactment of this Act--
                ``(i) the Assistant Secretary shall not be required to 
            issue an additional notice under paragraph (1) of this 
            subsection, but shall inform eligible entities that 
            additional funding has been made available for grants under 
            subsection (c) and describe the changes made to the Tribal 
            Broadband Connectivity Program under that subsection by 
            section 60201 of the Infrastructure Investment and Jobs 
            Act;
                ``(ii) the requirement under paragraph (2)(C) of this 
            subsection shall be applied individually to each round of 
            funding for grants under subsection (c);
                ``(iii) paragraph (2)(A) of this subsection shall be 
            applied by substituting `180-day period beginning on the 
            date on which the Assistant Secretary informs eligible 
            entities that additional funding has been made available 
            for grants under subsection (c)' for `90-day period 
            beginning on the date on which the Assistant Secretary 
            issues the notice under paragraph (1)'; and
                ``(iv) notwithstanding paragraph (2)(F) of this 
            subsection, in the case of funds appropriated under 
            subsection (b)(1) that were not allocated during the 
            initial round of funding, the Assistant Secretary may elect 
            to allocate the funds during any subsequent round of 
            funding for grants under subsection (c).''.

                 TITLE III--DIGITAL EQUITY ACT OF 2021

SEC. 60301. SHORT TITLE.
    This title may be cited as the ``Digital Equity Act of 2021''.
SEC. 60302. DEFINITIONS.
    In this title:
        (1) Adoption of broadband.--The term ``adoption of broadband'' 
    means the process by which an individual obtains daily access to 
    the internet--
            (A) at a speed, quality, and capacity--
                (i) that is necessary for the individual to accomplish 
            common tasks; and
                (ii) such that the access qualifies as an advanced 
            telecommunications capability;
            (B) with the digital skills that are necessary for the 
        individual to participate online; and
            (C) on a--
                (i) personal device; and
                (ii) secure and convenient network.
        (2) Advanced telecommunications capability.--The term 
    ``advanced telecommunications capability'' has the meaning given 
    the term in section 706(d) of the Telecommunications Act of 1996 
    (47 U.S.C. 1302(d)).
        (3) Aging individual.--The term ``aging individual'' has the 
    meaning given the term ``older individual'' in section 102 of the 
    Older Americans Act of 1965 (42 U.S.C. 3002).
        (4) Appropriate committees of congress.--The term ``appropriate 
    committees of Congress'' means--
            (A) the Committee on Appropriations of the Senate;
            (B) the Committee on Commerce, Science, and Transportation 
        of the Senate;
            (C) the Committee on Appropriations of the House of 
        Representatives; and
            (D) the Committee on Energy and Commerce of the House of 
        Representatives.
        (5) Assistant secretary.--The term ``Assistant Secretary'' 
    means the Assistant Secretary of Commerce for Communications and 
    Information.
        (6) Community anchor institution.--The term ``community anchor 
    institution'' means a public school, a public or multi-family 
    housing authority, a library, a medical or healthcare provider, a 
    community college or other institution of higher education, a State 
    library agency, and any other nonprofit or governmental community 
    support organization.
        (7) Covered household.--The term ``covered household'' means a 
    household, the income of which for the most recently completed year 
    is not more than 150 percent of an amount equal to the poverty 
    level, as determined by using criteria of poverty established by 
    the Bureau of the Census.
        (8) Covered populations.--The term ``covered populations'' 
    means--
            (A) individuals who live in covered households;
            (B) aging individuals;
            (C) incarcerated individuals, other than individuals who 
        are incarcerated in a Federal correctional facility;
            (D) veterans;
            (E) individuals with disabilities;
            (F) individuals with a language barrier, including 
        individuals who--
                (i) are English learners; and
                (ii) have low levels of literacy;
            (G) individuals who are members of a racial or ethnic 
        minority group; and
            (H) individuals who primarily reside in a rural area.
        (9) Covered programs.--The term ``covered programs'' means the 
    State Digital Equity Capacity Grant Program established under 
    section 60304 and the Digital Equity Competitive Grant Program 
    established under section 60305.
        (10) Digital equity.--The term ``digital equity'' means the 
    condition in which individuals and communities have the information 
    technology capacity that is needed for full participation in the 
    society and economy of the United States.
        (11) Digital inclusion.--The term ``digital inclusion''--
            (A) means the activities that are necessary to ensure that 
        all individuals in the United States have access to, and the 
        use of, affordable information and communication technologies, 
        such as--
                (i) reliable fixed and wireless broadband internet 
            service;
                (ii) internet-enabled devices that meet the needs of 
            the user; and
                (iii) applications and online content designed to 
            enable and encourage self-sufficiency, participation, and 
            collaboration; and
            (B) includes--
                (i) obtaining access to digital literacy training;
                (ii) the provision of quality technical support; and
                (iii) obtaining basic awareness of measures to ensure 
            online privacy and cybersecurity.
        (12) Digital literacy.--The term ``digital literacy'' means the 
    skills associated with using technology to enable users to find, 
    evaluate, organize, create, and communicate information.
        (13) Disability.--The term ``disability'' has the meaning given 
    the term in section 3 of the Americans with Disabilities Act of 
    1990 (42 U.S.C. 12102).
        (14) Eligible state.--The term ``eligible State'' means--
            (A) with respect to planning grants made available under 
        section 60304(c)(3), a State with respect to which the 
        Assistant Secretary has approved an application submitted to 
        the Assistant Secretary under section 60304(c)(3)(C); and
            (B) with respect to capacity grants awarded under section 
        60304(d), a State with respect to which the Assistant Secretary 
        has approved an application submitted to the Assistant 
        Secretary under section 60304(d)(2), including approval of the 
        State Digital Equity Plan developed by the State under section 
        60304(c).
        (15) Gender identity.--The term ``gender identity'' has the 
    meaning given the term in section 249(c) of title 18, United States 
    Code.
        (16) Indian tribe.--The term ``Indian Tribe'' has the meaning 
    given the term in section 4(e) of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304(e)).
        (17) Institution of higher education.--The term ``institution 
    of higher education''--
            (A) has the meaning given the term in section 101 of the 
        Higher Education Act of 1965 (20 U.S.C. 1001); and
            (B) includes a postsecondary vocational institution.
        (18) Local educational agency.--The term ``local educational 
    agency'' has the meaning given the term in section 8101(30) of the 
    Elementary and Secondary Education Act of 1965 (20 U.S.C. 
    7801(30)).
        (19) Postsecondary vocational institution.--The term 
    ``postsecondary vocational institution'' has the meaning given the 
    term in section 102(c) of the Higher Education Act of 1965 (20 
    U.S.C. 1002(c)).
        (20) Rural area.--The term ``rural area'' has the meaning given 
    the term in section 601(b)(3) of the Rural Electrification Act of 
    1936 (7 U.S.C. 950bb(b)(3)).
        (21) State.--The term ``State'' means--
            (A) any State of the United States;
            (B) the District of Columbia; and
            (C) the Commonwealth of Puerto Rico.
        (22) Veteran.--The term ``veteran'' has the meaning given the 
    term in section 101 of title 38, United States Code.
        (23) Workforce development program.--The term ``workforce 
    development program'' has the meaning given the term in section 
    3(66) of the Workforce Innovation and Opportunity Act (29 U.S.C. 
    3102(66)).
SEC. 60303. SENSE OF CONGRESS.
    It is the sense of Congress that--
        (1) a broadband connection and digital literacy are 
    increasingly critical to how individuals--
            (A) participate in the society, economy, and civic 
        institutions of the United States; and
            (B) access health care and essential services, obtain 
        education, and build careers;
        (2) digital exclusion--
            (A) carries a high societal and economic cost;
            (B) materially harms the opportunity of an individual with 
        respect to the economic success, educational achievement, 
        positive health outcomes, social inclusion, and civic 
        engagement of that individual; and
            (C) exacerbates existing wealth and income gaps, especially 
        those experienced by covered populations;
        (3) achieving digital equity for all people of the United 
    States requires additional and sustained investment and research 
    efforts;
        (4) the Federal Government, as well as State, tribal, 
    territorial, and local governments, have made social, legal, and 
    economic obligations that necessarily extend to how the citizens 
    and residents of those governments access and use the internet; and
        (5) achieving digital equity is a matter of social and economic 
    justice and is worth pursuing.
SEC. 60304. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.
    (a) Establishment; Purpose.--
        (1) In general.--The Assistant Secretary shall establish in the 
    Department of Commerce the State Digital Equity Capacity Grant 
    Program (referred to in this section as the ``Program'')--
            (A) the purpose of which is to promote the achievement of 
        digital equity, support digital inclusion activities, and build 
        capacity for efforts by States relating to the adoption of 
        broadband by residents of those States;
            (B) through which the Assistant Secretary shall make grants 
        to States in accordance with the requirements of this section; 
        and
            (C) which shall ensure that States have the capacity to 
        promote the achievement of digital equity and support digital 
        inclusion activities.
        (2) Consultation with other federal agencies; no conflict.--In 
    establishing the Program under paragraph (1), the Assistant 
    Secretary shall--
            (A) consult with--
                (i) the Secretary of Agriculture;
                (ii) the Secretary of Housing and Urban Development;
                (iii) the Secretary of Education;
                (iv) the Secretary of Labor;
                (v) the Secretary of Health and Human Services;
                (vi) the Secretary of Veterans Affairs;
                (vii) the Secretary of the Interior;
                (viii) the Federal Communications Commission;
                (ix) the Federal Trade Commission;
                (x) the Director of the Institute of Museum and Library 
            Services;
                (xi) the Administrator of the Small Business 
            Administration;
                (xii) the Federal Co-Chair of the Appalachian Regional 
            Commission; and
                (xiii) the head of any other agency that the Assistant 
            Secretary determines to be appropriate; and
            (B) ensure that the Program complements and enhances, and 
        does not conflict with, other Federal broadband initiatives and 
        programs.
    (b) Administering Entity.--
        (1) Selection; function.--The governor (or equivalent official) 
    of a State that wishes to be awarded a grant under this section 
    shall, from among entities that are eligible under paragraph (2), 
    select an administering entity for that State, which shall--
            (A) serve as the recipient of, and administering agent for, 
        any grant awarded to the State under this section;
            (B) develop, implement, and oversee the State Digital 
        Equity Plan for the State described in subsection (c);
            (C) make subgrants to any entity described in subsection 
        (c)(1)(D) that is located in the State in support of--
                (i) the State Digital Equity Plan for the State; and
                (ii) digital inclusion activities in the State 
            generally; and
            (D) serve as--
                (i) an advocate for digital equity policy and digital 
            inclusion activities; and
                (ii) a repository of best practice materials regarding 
            the policies and activities described in clause (i).
        (2) Eligible entities.--Any of the following entities may serve 
    as the administering entity for a State for the purposes of this 
    section if the entity has demonstrated a capacity to administer the 
    Program on a statewide level:
            (A) The State, a political subdivision, agency, or 
        instrumentality of the State, an Indian Tribe located in the 
        State, an Alaska Native entity located in the State, or a 
        Native Hawaiian organization located in the State.
            (B) A foundation, corporation, institution, association, or 
        coalition that is--
                (i) a not-for-profit entity;
                (ii) providing services in the State; and
                (iii) not a school.
            (C) A community anchor institution, other than a school, 
        that is located in the State.
            (D) A local educational agency that is located in the 
        State.
            (E) An entity located in the State that carries out a 
        workforce development program.
            (F) An agency of the State that is responsible for 
        administering or supervising adult education and literacy 
        activities in the State.
            (G) A public or multi-family housing authority that is 
        located in the State.
            (H) A partnership between any of the entities described in 
        subparagraphs (A) through (G).
    (c) State Digital Equity Plan.--
        (1) Development; contents.--A State that wishes to be awarded a 
    grant under subsection (d) shall develop a State Digital Equity 
    Plan for the State, which shall include--
            (A) the identification of the barriers to digital equity 
        faced by covered populations in the State;
            (B) measurable objectives for documenting and promoting, 
        among each group described in subparagraphs (A) through (H) of 
        section 60302(8) located in that State--
                (i) the availability of, and affordability of access 
            to, fixed and wireless broadband technology;
                (ii) the online accessibility and inclusivity of public 
            resources and services;
                (iii) digital literacy;
                (iv) awareness of, and the use of, measures to secure 
            the online privacy of, and cybersecurity with respect to, 
            an individual; and
                (v) the availability and affordability of consumer 
            devices and technical support for those devices;
            (C) an assessment of how the objectives described in 
        subparagraph (B) will impact and interact with the State's--
                (i) economic and workforce development goals, plans, 
            and outcomes;
                (ii) educational outcomes;
                (iii) health outcomes;
                (iv) civic and social engagement; and
                (v) delivery of other essential services;
            (D) in order to achieve the objectives described in 
        subparagraph (B), a description of how the State plans to 
        collaborate with key stakeholders in the State, which may 
        include--
                (i) community anchor institutions;
                (ii) county and municipal governments;
                (iii) local educational agencies;
                (iv) where applicable, Indian Tribes, Alaska Native 
            entities, or Native Hawaiian organizations;
                (v) nonprofit organizations;
                (vi) organizations that represent--

                    (I) individuals with disabilities, including 
                organizations that represent children with 
                disabilities;
                    (II) aging individuals;
                    (III) individuals with language barriers, 
                including--

                        (aa) individuals who are English learners; and
                        (bb) individuals who have low levels of 
                    literacy;

                    (IV) veterans; and
                    (V) individuals in that State who are incarcerated 
                in facilities other than Federal correctional 
                facilities;

                (vii) civil rights organizations;
                (viii) entities that carry out workforce development 
            programs;
                (ix) agencies of the State that are responsible for 
            administering or supervising adult education and literacy 
            activities in the State;
                (x) public housing authorities in the State; and
                (xi) a partnership between any of the entities 
            described in clauses (i) through (x); and
            (E) a list of organizations with which the administering 
        entity for the State collaborated in developing and 
        implementing the Plan.
        (2) Public availability.--
            (A) In general.--The administering entity for a State shall 
        make the State Digital Equity Plan of the State available for 
        public comment for a period of not less than 30 days before the 
        date on which the State submits an application to the Assistant 
        Secretary under subsection (d)(2).
            (B) Consideration of comments received.--The administering 
        entity for a State shall, with respect to an application 
        submitted to the Assistant Secretary under subsection (d)(2)--
                (i) before submitting the application--

                    (I) consider all comments received during the 
                comment period described in subparagraph (A) with 
                respect to the application (referred to in this 
                subparagraph as the ``comment period''); and
                    (II) make any changes to the plan that the 
                administering entity determines to be worthwhile; and

                (ii) when submitting the application--

                    (I) describe any changes pursued by the 
                administering entity in response to comments received 
                during the comment period; and
                    (II) include a written response to each comment 
                received during the comment period.

        (3) Planning grants.--
            (A) In general.--Beginning in the first fiscal year that 
        begins after the date of enactment of this Act, the Assistant 
        Secretary shall, in accordance with the requirements of this 
        paragraph, award planning grants to States for the purpose of 
        developing the State Digital Equity Plans of those States under 
        this subsection.
            (B) Eligibility.--In order to be awarded a planning grant 
        under this paragraph, a State--
                (i) shall submit to the Assistant Secretary an 
            application under subparagraph (C); and
                (ii) may not have been awarded, at any time, a planning 
            grant under this paragraph.
            (C) Application.--A State that wishes to be awarded a 
        planning grant under this paragraph shall, not later than 60 
        days after the date on which the notice of funding availability 
        with respect to the grant is released, submit to the Assistant 
        Secretary an application, in a format to be determined by the 
        Assistant Secretary, that contains the following materials:
                (i) A description of the entity selected to serve as 
            the administering entity for the State, as described in 
            subsection (b).
                (ii) A certification from the State that, not later 
            than 1 year after the date on which the Assistant Secretary 
            awards the planning grant to the State, the administering 
            entity for that State shall develop a State Digital Equity 
            Plan under this subsection, which--

                    (I) the administering entity shall submit to the 
                Assistant Secretary; and
                    (II) shall comply with the requirements of this 
                subsection, including the requirement under paragraph 
                (2)(B).

                (iii) The assurances required under subsection (e).
            (D) Awards.--
                (i) Amount of grant.--A planning grant awarded to an 
            eligible State under this paragraph shall be determined 
            according to the formula under subsection (d)(3)(A)(i).
                (ii) Duration.--

                    (I) In general.--Except as provided in subclause 
                (II), with respect to a planning grant awarded to an 
                eligible State under this paragraph, the State shall 
                expend the grant funds during the 1-year period 
                beginning on the date on which the State is awarded the 
                grant funds.
                    (II) Exception.--The Assistant Secretary may grant 
                an extension of not longer than 180 days with respect 
                to the requirement under subclause (I).

                (iii) Challenge mechanism.--The Assistant Secretary 
            shall ensure that any eligible State to which a planning 
            grant is awarded under this paragraph may appeal or 
            otherwise challenge in a timely fashion the amount of the 
            grant awarded to the State, as determined under clause (i).
            (E) Use of funds.--An eligible State to which a planning 
        grant is awarded under this paragraph shall, through the 
        administering entity for that State, use the grant funds only 
        for the following purposes:
                (i) To develop the State Digital Equity Plan of the 
            State under this subsection.
                (ii)(I) Subject to subclause (II), to make subgrants to 
            any of the entities described in paragraph (1)(D) to assist 
            in the development of the State Digital Equity Plan of the 
            State under this subsection.
                (II) If the administering entity for a State makes a 
            subgrant described in subclause (I), the administering 
            entity shall, with respect to the subgrant, provide to the 
            State the assurances required under subsection (e).
    (d) State Capacity Grants.--
        (1) In general.--Beginning not later than 2 years after the 
    date on which the Assistant Secretary begins awarding planning 
    grants under subsection (c)(3), the Assistant Secretary shall each 
    year award grants to eligible States to support--
            (A) the implementation of the State Digital Equity Plans of 
        those States; and
            (B) digital inclusion activities in those States.
        (2) Application.--A State that wishes to be awarded a grant 
    under this subsection shall, not later than 60 days after the date 
    on which the notice of funding availability with respect to the 
    grant is released, submit to the Assistant Secretary an 
    application, in a format to be determined by the Assistant 
    Secretary, that contains the following materials:
            (A) A description of the entity selected to serve as the 
        administering entity for the State, as described in subsection 
        (b).
            (B) The State Digital Equity Plan of that State, as 
        described in subsection (c).
            (C) A certification that the State, acting through the 
        administering entity for the State, shall--
                (i) implement the State Digital Equity Plan of the 
            State; and
                (ii) make grants in a manner that is consistent with 
            the aims of the Plan described in clause (i).
            (D) The assurances required under subsection (e).
            (E) In the case of a State to which the Assistant Secretary 
        has previously awarded a grant under this subsection, any 
        amendments to the State Digital Equity Plan of that State, as 
        compared with the State Digital Equity Plan of the State 
        previously submitted.
        (3) Awards.--
            (A) Amount of grant.--
                (i) Formula.--Subject to clauses (ii), (iii), and (iv), 
            the Assistant Secretary shall calculate the amount of a 
            grant awarded to an eligible State under this subsection in 
            accordance with the following criteria, using the best 
            available data for all States for the fiscal year in which 
            the grant is awarded:

                    (I) 50 percent of the total grant amount shall be 
                based on the population of the eligible State in 
                proportion to the total population of all eligible 
                States.
                    (II) 25 percent of the total grant amount shall be 
                based on the number of individuals in the eligible 
                State who are members of covered populations in 
                proportion to the total number of individuals in all 
                eligible States who are members of covered populations.
                    (III) 25 percent of the total grant amount shall be 
                based on the comparative lack of availability and 
                adoption of broadband in the eligible State in 
                proportion to the lack of availability and adoption of 
                broadband of all eligible States, which shall be 
                determined according to data collected from--

                        (aa) the annual inquiry of the Federal 
                    Communications Commission conducted under section 
                    706(b) of the Telecommunications Act of 1996 (47 
                    U.S.C. 1302(b));
                        (bb) the American Community Survey or, if 
                    necessary, other data collected by the Bureau of 
                    the Census;
                        (cc) the NTIA Internet Use Survey, which is 
                    administered as the Computer and Internet Use 
                    Supplement to the Current Population Survey of the 
                    Bureau of the Census; and
                        (dd) any other source that the Assistant 
                    Secretary, after appropriate notice and opportunity 
                    for public comment, determines to be appropriate.
                (ii) Minimum award.--The amount of a grant awarded to 
            an eligible State under this subsection in a fiscal year 
            shall be not less than 0.5 percent of the total amount made 
            available to award grants to eligible States for that 
            fiscal year.
                (iii) Additional amounts.--If, after awarding planning 
            grants to States under subsection (c)(3) and capacity 
            grants to eligible States under this subsection in a fiscal 
            year, there are amounts remaining to carry out this 
            section, the Assistant Secretary shall distribute those 
            amounts--

                    (I) to eligible States to which the Assistant 
                Secretary has awarded grants under this subsection for 
                that fiscal year; and
                    (II) in accordance with the formula described in 
                clause (i).

                (iv) Data unavailable.--If, in a fiscal year, the 
            Commonwealth of Puerto Rico (referred to in this clause as 
            ``Puerto Rico'') is an eligible State and specific data for 
            Puerto Rico is unavailable for a factor described in 
            subclause (I), (II), or (II) of clause (i), the Assistant 
            Secretary shall use the median data point with respect to 
            that factor among all eligible States and assign it to 
            Puerto Rico for the purposes of making any calculation 
            under that clause for that fiscal year.
            (B) Duration.--With respect to a grant awarded to an 
        eligible State under this subsection, the eligible State shall 
        expend the grant funds during the 5-year period beginning on 
        the date on which the eligible State is awarded the grant 
        funds.
            (C) Challenge mechanism.--The Assistant Secretary shall 
        ensure that any eligible State to which a grant is awarded 
        under this subsection may appeal or otherwise challenge in a 
        timely fashion the amount of the grant awarded to the State, as 
        determined under subparagraph (A).
            (D) Use of funds.--The administering entity for an eligible 
        State to which a grant is awarded under this subsection shall 
        use the grant amounts for the following purposes:
                (i)(I) Subject to subclause (II), to update or maintain 
            the State Digital Equity Plan of the State.
                (II) An administering entity for an eligible State to 
            which a grant is awarded under this subsection may use not 
            more than 20 percent of the amount of the grant for the 
            purpose described in subclause (I).
                (ii) To implement the State Digital Equity Plan of the 
            State.
                (iii)(I) Subject to subclause (II), to award a grant to 
            any entity that is described in section 60305(b) and is 
            located in the eligible State in order to--

                    (aa) assist in the implementation of the State 
                Digital Equity Plan of the State;
                    (bb) pursue digital inclusion activities in the 
                State consistent with the State Digital Equity Plan of 
                the State; and
                    (cc) report to the State regarding the digital 
                inclusion activities of the entity.

                (II) Before an administering entity for an eligible 
            State may award a grant under subclause (I), the 
            administering entity shall require the entity to which the 
            grant is awarded to certify that--

                    (aa) the entity shall carry out the activities 
                required under items (aa), (bb), and (cc) of that 
                subclause;
                    (bb) the receipt of the grant shall not result in 
                unjust enrichment of the entity; and
                    (cc) the entity shall cooperate with any 
                evaluation--

                        (AA) of any program that relates to a grant 
                    awarded to the entity; and
                        (BB) that is carried out by or for the 
                    administering entity, the Assistant Secretary, or 
                    another Federal official.
                (iv)(I) Subject to subclause (II), to evaluate the 
            efficacy of the efforts funded by grants made under clause 
            (iii).
                (II) An administering entity for an eligible State to 
            which a grant is awarded under this subsection may use not 
            more than 5 percent of the amount of the grant for a 
            purpose described in subclause (I).
                (v)(I) Subject to subclause (II), for the 
            administrative costs incurred in carrying out the 
            activities described in clauses (i) through (iv).
                (II) An administering entity for an eligible State to 
            which a grant is awarded under this subsection may use not 
            more than 3 percent of the amount of the grant for a 
            purpose described in subclause (I).
    (e) Assurances.--When applying for a grant under this section, a 
State shall include in the application for that grant assurances that--
        (1) if an entity described in section 60305(b) is awarded grant 
    funds under this section (referred to in this subsection as a 
    ``covered recipient''), provide that--
            (A) the covered recipient shall use the grant funds in 
        accordance with any applicable statute, regulation, and 
        application procedure;
            (B) the administering entity for that State shall adopt and 
        use proper methods of administering any grant that the covered 
        recipient is awarded, including by--
                (i) enforcing any obligation imposed under law on any 
            agency, institution, organization, or other entity that is 
            responsible for carrying out the program to which the grant 
            relates;
                (ii) correcting any deficiency in the operation of a 
            program to which the grant relates, as identified through 
            an audit or another monitoring or evaluation procedure; and
                (iii) adopting written procedures for the receipt and 
            resolution of complaints alleging a violation of law with 
            respect to a program to which the grant relates; and
            (C) the administering entity for that State shall cooperate 
        in carrying out any evaluation--
                (i) of any program that relates to a grant awarded to 
            the covered recipient; and
                (ii) that is carried out by or for the Assistant 
            Secretary or another Federal official;
        (2) the administering entity for that State shall--
            (A) use fiscal control and fund accounting procedures that 
        ensure the proper disbursement of, and accounting for, any 
        Federal funds that the State is awarded under this section;
            (B) submit to the Assistant Secretary any reports that may 
        be necessary to enable the Assistant Secretary to perform the 
        duties of the Assistant Secretary under this section;
            (C) maintain any records and provide any information to the 
        Assistant Secretary, including those records, that the 
        Assistant Secretary determines is necessary to enable the 
        Assistant Secretary to perform the duties of the Assistant 
        Secretary under this section; and
            (D) with respect to any significant proposed change or 
        amendment to the State Digital Equity Plan for the State, make 
        the change or amendment available for public comment in 
        accordance with subsection (c)(2); and
        (3) the State, before submitting to the Assistant Secretary the 
    State Digital Equity Plan of the State, has complied with the 
    requirements of subsection (c)(2).
    (f) Termination of Grant.--
        (1) In general.--The Assistant Secretary shall terminate a 
    grant awarded to an eligible State under this section if, after 
    notice to the State and opportunity for a hearing, the Assistant 
    Secretary--
            (A) presents to the State a rationale and supporting 
        information that clearly demonstrates that--
                (i) the grant funds are not contributing to the 
            development or execution of the State Digital Equity Plan 
            of the State, as applicable; and
                (ii) the State is not upholding assurances made by the 
            State to the Assistant Secretary under subsection (e); and
            (B) determines that the grant is no longer necessary to 
        achieve the original purpose for which Assistant Secretary 
        awarded the grant.
        (2) Redistribution.--If the Assistant Secretary, in a fiscal 
    year, terminates a grant under paragraph (1), the Assistant 
    Secretary shall redistribute the unspent grant amounts--
            (A) to eligible States to which the Assistant Secretary has 
        awarded grants under subsection (d) for that fiscal year; and
            (B) in accordance with the formula described in subsection 
        (d)(3)(A)(i).
    (g) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
        (1) shall--
            (A) require any entity to which a grant, including a 
        subgrant, is awarded under this section to publicly report, for 
        each year during the period described in subsection 
        (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the 
        grant, and in a format specified by the Assistant Secretary, 
        on--
                (i) the use of that grant by the entity;
                (ii) the progress of the entity towards fulfilling the 
            objectives for which the grant was awarded; and
                (iii) the implementation of the State Digital Equity 
            Plan of the State;
            (B) establish appropriate mechanisms to ensure that each 
        eligible State to which a grant is awarded under this section--
                (i) uses the grant amounts in an appropriate manner; 
            and
                (ii) complies with all terms with respect to the use of 
            the grant amounts; and
            (C) create and maintain a fully searchable database, which 
        shall be accessible on the internet at no cost to the public, 
        that contains, at a minimum--
                (i) the application of each State that has applied for 
            a grant under this section;
                (ii) the status of each application described in clause 
            (i);
                (iii) each report submitted by an entity under 
            subparagraph (A);
                (iv) a record of public comments made regarding the 
            State Digital Equity Plan of a State, as well as any 
            written responses to or actions taken as a result of those 
            comments; and
                (v) any other information that is sufficient to allow 
            the public to understand and monitor grants awarded under 
            this section; and
        (2) may establish additional reporting and information 
    requirements for any recipient of a grant under this section.
    (h) Supplement Not Supplant.--A grant or subgrant awarded under 
this section shall supplement, not supplant, other Federal or State 
funds that have been made available to carry out activities described 
in this section.
    (i) Set Asides.--From amounts made available in a fiscal year to 
carry out the Program, the Assistant Secretary shall reserve--
        (1) not more than 5 percent for the implementation and 
    administration of the Program, which shall include--
            (A) providing technical support and assistance, including 
        ensuring consistency in data reporting;
            (B) providing assistance to--
                (i) States, or administering entities for States, to 
            prepare the applications of those States; and
                (ii) administering entities with respect to grants 
            awarded under this section; and
            (C) developing the report required under section 60306(a);
        (2) not less than 5 percent to award grants to, or enter into 
    contracts or cooperative agreements with, Indian Tribes, Alaska 
    Native entities, and Native Hawaiian organizations to allow those 
    tribes, entities, and organizations to carry out the activities 
    described in this section; and
        (3) not less than 1 percent to award grants to, or enter into 
    contracts or cooperative agreements with, the United States Virgin 
    Islands, Guam, American Samoa, the Commonwealth of the Northern 
    Mariana Islands, and any other territory or possession of the 
    United States that is not a State to enable those entities to carry 
    out the activities described in this section.
    (j) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated--
        (1) $60,000,000 for the award of grants under subsection 
    (c)(3), which shall remain available until expended;
        (2) for the award of grants under subsection (d)--
            (A) $240,000,000 for fiscal year 2022; and
            (B) $300,000,000 for each of fiscal years 2023 through 
        2026; and
        (3) such sums as may be necessary to carry out this section for 
    each fiscal year after the end of the 5-fiscal year period 
    described in paragraph (2).
SEC. 60305. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.
    (a) Establishment.--
        (1) In general.--Not later than 30 days after the date on which 
    the Assistant Secretary begins awarding grants under section 
    60304(d), and not before that date, the Assistant Secretary shall 
    establish in the Department of Commerce the Digital Equity 
    Competitive Grant Program (referred to in this section as the 
    ``Program''), the purpose of which is to award grants to support 
    efforts to achieve digital equity, promote digital inclusion 
    activities, and spur greater adoption of broadband among covered 
    populations.
        (2) Consultation; no conflict.--In establishing the Program 
    under paragraph (1), the Assistant Secretary--
            (A) may consult a State with respect to--
                (i) the identification of groups described in 
            subparagraphs (A) through (H) of section 60302(8) located 
            in that State; and
                (ii) the allocation of grant funds within that State 
            for projects in or affecting the State; and
            (B) shall--
                (i) consult with--

                    (I) the Secretary of Agriculture;
                    (II) the Secretary of Housing and Urban 
                Development;
                    (III) the Secretary of Education;
                    (IV) the Secretary of Labor;
                    (V) the Secretary of Health and Human Services;
                    (VI) the Secretary of Veterans Affairs;
                    (VII) the Secretary of the Interior;
                    (VIII) the Federal Communications Commission;
                    (IX) the Federal Trade Commission;
                    (X) the Director of the Institute of Museum and 
                Library Services;
                    (XI) the Administrator of the Small Business 
                Administration;
                    (XII) the Federal Co-Chair of the Appalachian 
                Regional Commission; and
                    (XIII) the head of any other agency that the 
                Assistant Secretary determines to be appropriate; and

                (ii) ensure that the Program complements and enhances, 
            and does not conflict with, other Federal broadband 
            initiatives and programs.
    (b) Eligibility.--The Assistant Secretary may award a grant under 
the Program to any of the following entities if the entity is not 
serving, and has not served, as the administering entity for a State 
under section 60304(b):
        (1) A political subdivision, agency, or instrumentality of a 
    State, including an agency of a State that is responsible for 
    administering or supervising adult education and literacy 
    activities, or for providing public housing, in the State.
        (2) An Indian Tribe, an Alaska Native entity, or a Native 
    Hawaiian organization.
        (3) A foundation, corporation, institution, or association that 
    is--
            (A) a not-for-profit entity; and
            (B) not a school.
        (4) A community anchor institution.
        (5) A local educational agency.
        (6) An entity that carries out a workforce development program.
        (7) A partnership between any of the entities described in 
    paragraphs (1) through (6).
        (8) A partnership between--
            (A) an entity described in any of paragraphs (1) through 
        (6); and
            (B) an entity that--
                (i) the Assistant Secretary, by rule, determines to be 
            in the public interest; and
                (ii) is not a school.
    (c) Application.--An entity that wishes to be awarded a grant under 
the Program shall submit to the Assistant Secretary an application--
        (1) at such time, in such form, and containing such information 
    as the Assistant Secretary may require; and
        (2) that--
            (A) provides a detailed explanation of how the entity will 
        use any grant amounts awarded under the Program to carry out 
        the purposes of the Program in an efficient and expeditious 
        manner;
            (B) identifies the period in which the applicant will 
        expend the grant funds awarded under the Program;
            (C) includes--
                (i) a justification for the amount of the grant that 
            the applicant is requesting; and
                (ii) for each fiscal year in which the applicant will 
            expend the grant funds, a budget for the activities that 
            the grant funds will support;
            (D) demonstrates to the satisfaction of the Assistant 
        Secretary that the entity--
                (i) is capable of carrying out--

                    (I) the project or function to which the 
                application relates; and
                    (II) the activities described in subsection (h)--

                        (aa) in a competent manner; and
                        (bb) in compliance with all applicable Federal, 
                    State, and local laws; and
                (ii) if the applicant is an entity described in 
            subsection (b)(1), shall appropriate or otherwise 
            unconditionally obligate from non-Federal sources funds 
            that are necessary to meet the requirements of subsection 
            (e);
            (E) discloses to the Assistant Secretary the source and 
        amount of other Federal, State, or outside funding sources from 
        which the entity receives, or has applied for, funding for 
        activities or projects to which the application relates; and
            (F) provides--
                (i) the assurances that are required under subsection 
            (f); and
                (ii) an assurance that the entity shall follow such 
            additional procedures as the Assistant Secretary may 
            require to ensure that grant funds are used and accounted 
            for in an appropriate manner.
    (d) Award of Grants.--
        (1) Factors considered in award of grants.--In deciding whether 
    to award a grant under the Program, the Assistant Secretary shall, 
    to the extent practicable, consider--
            (A) whether an application shall, if approved--
                (i) increase internet access and the adoption of 
            broadband among covered populations to be served by the 
            applicant; and
                (ii) not result in unjust enrichment;
            (B) the comparative geographic diversity of the application 
        in relation to other eligible applications; and
            (C) the extent to which an application may duplicate or 
        conflict with another program.
        (2) Use of funds.--
            (A) In general.--In addition to the activities required 
        under subparagraph (B), an entity to which the Assistant 
        Secretary awards a grant under the Program shall use the grant 
        amounts to support not less than 1 of the following activities:
                (i) To develop and implement digital inclusion 
            activities that benefit covered populations.
                (ii) To facilitate the adoption of broadband by covered 
            populations in order to provide educational and employment 
            opportunities to those populations.
                (iii) To implement, consistent with the purposes of 
            this title--

                    (I) training programs for covered populations that 
                cover basic, advanced, and applied skills; or
                    (II) other workforce development programs.

                (iv) To make available equipment, instrumentation, 
            networking capability, hardware and software, or digital 
            network technology for broadband services to covered 
            populations at low or no cost.
                (v) To construct, upgrade, expend, or operate new or 
            existing public access computing centers for covered 
            populations through community anchor institutions.
                (vi) To undertake any other project and activity that 
            the Assistant Secretary finds to be consistent with the 
            purposes for which the Program is established.
            (B) Evaluation.--
                (i) In general.--An entity to which the Assistant 
            Secretary awards a grant under the Program shall use not 
            more than 10 percent of the grant amounts to measure and 
            evaluate the activities supported with the grant amounts.
                (ii) Submission to assistant secretary.--An entity to 
            which the Assistant Secretary awards a grant under the 
            Program shall submit to the Assistant Secretary each 
            measurement and evaluation performed under clause (i)--

                    (I) in a manner specified by the Assistant 
                Secretary;
                    (II) not later than 15 months after the date on 
                which the entity is awarded the grant amounts; and
                    (III) annually after the submission described in 
                subclause (II) for any year in which the entity expends 
                grant amounts.

            (C) Administrative costs.--An entity to which the Assistant 
        Secretary awards a grant under the Program may use not more 
        than 10 percent of the amount of the grant for administrative 
        costs in carrying out any of the activities described in 
        subparagraph (A).
            (D) Time limitations.--With respect to a grant awarded to 
        an entity under the Program, the entity--
                (i) except as provided in clause (ii), shall expend the 
            grant amounts during the 4-year period beginning on the 
            date on which the entity is awarded the grant amounts; and
                (ii) during the 1-year period beginning on the date 
            that is 4 years after the date on which the entity is 
            awarded the grant amounts, may continue to measure and 
            evaluate the activities supported with the grant amounts, 
            as required under subparagraph (B).
    (e) Federal Share.--
        (1) In general.--Except as provided in paragraph (2), the 
    Federal share of any project for which the Assistant Secretary 
    awards a grant under the Program may not exceed 90 percent.
        (2) Exception.--The Assistant Secretary may grant a waiver with 
    respect to the limitation on the Federal share of a project 
    described in paragraph (1) if--
            (A) the applicant with respect to the project petitions the 
        Assistant Secretary for the waiver; and
            (B) the Assistant Secretary determines that the petition 
        described in subparagraph (A) demonstrates financial need.
    (f) Assurances.--When applying for a grant under this section, an 
entity shall include in the application for that grant assurances that 
the entity shall--
        (1) use any grant funds that the entity is awarded--
            (A) in accordance with any applicable statute, regulation, 
        and application procedure; and
            (B) to the extent required under applicable law;
        (2) adopt and use proper methods of administering any grant 
    that the entity is awarded, including by--
            (A) enforcing any obligation imposed under law on any 
        agency, institution, organization, or other entity that is 
        responsible for carrying out a program to which the grant 
        relates;
            (B) correcting any deficiency in the operation of a program 
        to which the grant relates, as identified through an audit or 
        another monitoring or evaluation procedure; and
            (C) adopting written procedures for the receipt and 
        resolution of complaints alleging a violation of law with 
        respect to a program to which the grant relates;
        (3) cooperate with respect to any evaluation--
            (A) of any program that relates to a grant awarded to the 
        entity; and
            (B) that is carried out by or for the Assistant Secretary 
        or another Federal official;
        (4) use fiscal control and fund accounting procedures that 
    ensure the proper disbursement of, and accounting for, any Federal 
    funds that the entity is awarded under the Program;
        (5) submit to the Assistant Secretary any reports that may be 
    necessary to enable the Assistant Secretary to perform the duties 
    of the Assistant Secretary under the Program; and
        (6) maintain any records and provide any information to the 
    Assistant Secretary, including those records, that the Assistant 
    Secretary determines is necessary to enable the Assistant Secretary 
    to perform the duties of the Assistant Secretary under the Program.
    (g) Deobligation or Termination of Grant.--In addition to other 
authority under applicable law, the Assistant Secretary may--
        (1) deobligate or terminate a grant awarded to an entity under 
    this section if, after notice to the entity and opportunity for a 
    hearing, the Assistant Secretary--
            (A) presents to the entity a rationale and supporting 
        information that clearly demonstrates that--
                (i) the grant funds are not being used in a manner that 
            is consistent with the application with respect to the 
            grant submitted by the entity under subsection (c); and
                (ii) the entity is not upholding assurances made by the 
            entity to the Assistant Secretary under subsection (f); and
            (B) determines that the grant is no longer necessary to 
        achieve the original purpose for which Assistant Secretary 
        awarded the grant; and
        (2) with respect to any grant funds that the Assistant 
    Secretary deobligates or terminates under paragraph (1), 
    competitively award the grant funds to another applicant, 
    consistent with the requirements of this section.
    (h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
        (1) shall--
            (A) require any entity to which the Assistant Secretary 
        awards a grant under the Program to, for each year during the 
        period described in subsection (d)(2)(D) with respect to the 
        grant, submit to the Assistant Secretary a report, in a format 
        specified by the Assistant Secretary, regarding--
                (i) the amount of the grant;
                (ii) the use by the entity of the grant amounts; and
                (iii) the progress of the entity towards fulfilling the 
            objectives for which the grant was awarded;
            (B) establish mechanisms to ensure appropriate use of, and 
        compliance with respect to all terms regarding, grant funds 
        awarded under the Program;
            (C) create and maintain a fully searchable database, which 
        shall be accessible on the internet at no cost to the public, 
        that contains, at a minimum--
                (i) a list of each entity that has applied for a grant 
            under the Program;
                (ii) a description of each application described in 
            clause (i), including the proposed purpose of each grant 
            described in that clause;
                (iii) the status of each application described in 
            clause (i), including whether the Assistant Secretary has 
            awarded a grant with respect to the application and, if so, 
            the amount of the grant;
                (iv) each report submitted by an entity under 
            subparagraph (A); and
                (v) any other information that is sufficient to allow 
            the public to understand and monitor grants awarded under 
            the Program; and
            (D) ensure that any entity with respect to which an award 
        is deobligated or terminated under subsection (g) may, in a 
        timely manner, appeal or otherwise challenge that deobligation 
        or termination, as applicable; and
        (2) may establish additional reporting and information 
    requirements for any recipient of a grant under the Program.
    (i) Supplement Not Supplant.--A grant awarded to an entity under 
the Program shall supplement, not supplant, other Federal or State 
funds that have been made available to the entity to carry out 
activities described in this section.
    (j) Set Asides.--From amounts made available in a fiscal year to 
carry out the Program, the Assistant Secretary shall reserve--
        (1) 5 percent for the implementation and administration of the 
    Program, which shall include--
            (A) providing technical support and assistance, including 
        ensuring consistency in data reporting;
            (B) providing assistance to entities to prepare the 
        applications of those entities with respect to grants awarded 
        under this section;
            (C) developing the report required under section 60306(a); 
        and
            (D) conducting outreach to entities that may be eligible to 
        be awarded a grant under the Program regarding opportunities to 
        apply for such a grant;
        (2) 5 percent to award grants to, or enter into contracts or 
    cooperative agreements with, Indian Tribes, Alaska Native entities, 
    and Native Hawaiian organizations to allow those tribes, entities, 
    and organizations to carry out the activities described in this 
    section; and
        (3) 1 percent to award grants to, or enter into contracts or 
    cooperative agreements with, the United States Virgin Islands, 
    Guam, American Samoa, the Commonwealth of the Northern Mariana 
    Islands, and any other territory or possession of the United States 
    that is not a State to enable those entities to carry out the 
    activities described in this section.
    (k) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
        (1) $250,000,000 for each of the first 5 fiscal years in which 
    funds are made available to carry out this section; and
        (2) such sums as may be necessary for each fiscal year after 
    the end of the 5-fiscal year period described in paragraph (1).
SEC. 60306. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING, 
EVALUATION, AND DISSEMINATION.
    (a) Reporting Requirements.--
        (1) In general.--Not later than 1 year after the date on which 
    the Assistant Secretary begins awarding grants under section 
    60304(d)(1), and annually thereafter, the Assistant Secretary 
    shall--
            (A) submit to the appropriate committees of Congress a 
        report that documents, for the year covered by the report--
                (i) the findings of each evaluation conducted under 
            subparagraph (B);
                (ii) a list of each grant awarded under each covered 
            program, which shall include--

                    (I) the amount of each such grant;
                    (II) the recipient of each such grant; and
                    (III) the purpose for which each such grant was 
                awarded;

                (iii) any deobligation, termination, or modification of 
            a grant awarded under the covered programs, which shall 
            include a description of the subsequent usage of any funds 
            to which such an action applies; and
                (iv) each challenge made by an applicant for, or a 
            recipient of, a grant under the covered programs and the 
            outcome of each such challenge; and
            (B) conduct evaluations of the activities carried out under 
        the covered programs, which shall include an evaluation of--
                (i) whether eligible States to which grants are awarded 
            under the program established under section 60304 are--

                    (I) abiding by the assurances made by those States 
                under subsection (e) of that section;
                    (II) meeting, or have met, the stated goals of the 
                Digital Equity Plans developed by the States under 
                subsection (c) of that section;
                    (III) satisfying the requirements imposed by the 
                Assistant Secretary on those States under subsection 
                (g) of that section; and
                    (IV) in compliance with any other rules, 
                requirements, or regulations promulgated by the 
                Assistant Secretary in implementing that program; and

                (ii) whether entities to which grants are awarded under 
            the program established under section 60305 are--

                    (I) abiding by the assurances made by those 
                entities under subsection (f) of that section;
                    (II) meeting, or have met, the stated goals of 
                those entities with respect to the use of the grant 
                amounts;
                    (III) satisfying the requirements imposed by the 
                Assistant Secretary on those States under subsection 
                (h) of that section; and
                    (IV) in compliance with any other rules, 
                requirements, or regulations promulgated by the 
                Assistant Secretary in implementing that program.

        (2) Public availability.--The Assistant Secretary shall make 
    each report submitted under paragraph (1)(A) publicly available in 
    an online format that--
            (A) facilitates access and ease of use;
            (B) is searchable; and
            (C) is accessible--
                (i) to individuals with disabilities; and
                (ii) in languages other than English.
    (b) Authority to Contract and Enter Into Other Arrangements.--The 
Assistant Secretary may award grants and enter into contracts, 
cooperative agreements, and other arrangements with Federal agencies, 
public and private organizations, and other entities with expertise 
that the Assistant Secretary determines appropriate in order to--
        (1) evaluate the impact and efficacy of activities supported by 
    grants awarded under the covered programs; and
        (2) develop, catalog, disseminate, and promote the exchange of 
    best practices, both with respect to and independent of the covered 
    programs, in order to achieve digital equity.
    (c) Consultation and Public Engagement.--In carrying out subsection 
(a), and to further the objectives described in paragraphs (1) and (2) 
of subsection (b), the Assistant Secretary shall conduct ongoing 
collaboration and consult with--
        (1) the Secretary of Agriculture;
        (2) the Secretary of Housing and Urban Development;
        (3) the Secretary of Education;
        (4) the Secretary of Labor;
        (5) the Secretary of Health and Human Services;
        (6) the Secretary of Veterans Affairs;
        (7) the Secretary of the Interior;
        (8) the Federal Communications Commission;
        (9) the Federal Trade Commission;
        (10) the Director of the Institute of Museum and Library 
    Services;
        (11) the Administrator of the Small Business Administration;
        (12) the Federal Co-Chair of the Appalachian Regional 
    Commission;
        (13) State agencies and governors of States (or equivalent 
    officials);
        (14) entities serving as administering entities for States 
    under section 60304(b);
        (15) national, State, tribal, and local organizations that 
    provide digital inclusion, digital equity, or digital literacy 
    services;
        (16) researchers, academics, and philanthropic organizations; 
    and
        (17) other agencies, organizations (including international 
    organizations), entities (including entities with expertise in the 
    fields of data collection, analysis and modeling, and evaluation), 
    and community stakeholders, as determined appropriate by the 
    Assistant Secretary.
    (d) Technical Support and Assistance.--The Assistant Secretary 
shall provide technical support and assistance, assistance to entities 
to prepare the applications of those entities with respect to grants 
awarded under the covered programs, and other resources, to the extent 
practicable, to ensure consistency in data reporting and to meet the 
objectives of this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
which shall remain available until expended.
SEC. 60307. GENERAL PROVISIONS.
    (a) Nondiscrimination.--
        (1) In general.--No individual in the United States may, on the 
    basis of actual or perceived race, color, religion, national 
    origin, sex, gender identity, sexual orientation, age, or 
    disability, be excluded from participation in, be denied the 
    benefits of, or be subjected to discrimination under any program or 
    activity that is funded in whole or in part with funds made 
    available to carry out this title.
        (2) Enforcement.--The Assistant Secretary shall effectuate 
    paragraph (1) with respect to any program or activity described in 
    that paragraph by issuing regulations and taking actions consistent 
    with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
    1).
        (3) Judicial review.--Judicial review of an action taken by the 
    Assistant Secretary under paragraph (2) shall be available to the 
    extent provided in section 603 of the Civil Rights Act of 1964 (42 
    U.S.C. 2000d-2).
    (b) Technological Neutrality.--The Assistant Secretary shall, to 
the extent practicable, carry out this title in a technologically 
neutral manner.
    (c) Audit and Oversight.--Beginning in the first fiscal year in 
which amounts are made available to carry out an activity authorized 
under this title, and in each of the 4 fiscal years thereafter, there 
is authorized to be appropriated to the Office of Inspector General for 
the Department of Commerce $1,000,000 for audits and oversight of funds 
made available to carry out this title, which shall remain available 
until expended.

        TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE

SEC. 60401. ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE.
    (a) Definitions.--In this section:
        (1) Anchor institution.--The term ``anchor institution'' means 
    a school, library, medical or healthcare provider, community 
    college or other institution of higher education, or other 
    community support organization or entity.
        (2) Assistant secretary.--The term ``Assistant Secretary'' 
    means the Assistant Secretary of Commerce for Communications and 
    Information.
        (3) Commission.--The term ``Commission'' means the Federal 
    Communications Commission.
        (4) Eligible entity.--The term ``eligible entity'' means--
            (A) a State, political subdivision of a State, Tribal 
        government, technology company, electric utility, utility 
        cooperative, public utility district, telecommunications 
        company, telecommunications cooperative, nonprofit foundation, 
        nonprofit corporation, nonprofit institution, nonprofit 
        association, regional planning counsel, Native entity, or 
        economic development authority; or
            (B) a partnership of 2 or more entities described in 
        subparagraph (A).
        (5) FCC fixed broadband map.--The term ``FCC fixed broadband 
    map'' means the map created by the Commission under section 
    802(c)(1)(B) of the Communications Act of 1934 (47 U.S.C. 
    642(c)(1)(B)).
        (6) Indian tribe.--The term ``Indian Tribe'' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304)).
        (7) Interconnect.--The term ``interconnect'' means the physical 
    linking of 2 networks for the mutual exchange of traffic on non-
    discriminatory terms and conditions.
        (8) Internet exchange facility.--The term ``internet exchange 
    facility'' means physical infrastructure through which internet 
    service providers and content delivery networks exchange internet 
    traffic between their networks.
        (9) Middle mile infrastructure.--The term ``middle mile 
    infrastructure''--
            (A) means any broadband infrastructure that does not 
        connect directly to an end-user location, including an anchor 
        institution; and
            (B) includes--
                (i) leased dark fiber, interoffice transport, backhaul, 
            carrier-neutral internet exchange facilities, carrier-
            neutral submarine cable landing stations, undersea cables, 
            transport connectivity to data centers, special access 
            transport, and other similar services; and
                (ii) wired or private wireless broadband 
            infrastructure, including microwave capacity, radio tower 
            access, and other services or infrastructure for a private 
            wireless broadband network, such as towers, fiber, and 
            microwave links.
        (10) Middle mile grant.--The term ``middle mile grant'' means a 
    grant awarded under subsection (c).
        (11) Native entity.--The term ``Native entity'' means--
            (A) an Indian Tribe;
            (B) an Alaska Native Corporation;
            (C) a Native Hawaiian organization (as defined in section 
        6207 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7517));
            (D) the Department of Hawaiian Home Lands; and
            (E) the Office of Hawaiian Affairs.
        (12) State.--The term ``State'' has the meaning given the term 
    in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
        (13) Submarine cable landing station.--The term ``submarine 
    cable landing station'' means a cable landing station, as that term 
    is used in section 1.767(a)(5) of title 47, Code of Federal 
    Regulations (or any successor regulation), that can be utilized to 
    land a submarine cable by an entity that has obtained a license 
    under the first section of the Act entitled ``An Act relating to 
    the landing and operation of submarine cables in the United 
    States'', approved May 27, 1921 (47 U.S.C. 34) (commonly known as 
    the ``Cable Landing Licensing Act'').
        (14) Tribal government.--The term ``Tribal government'' means 
    the recognized governing body of any Indian or Alaska Native tribe, 
    band, nation, pueblo, village, community, component band, or 
    component reservation, individually identified (including 
    parenthetically) in the list published most recently as of the date 
    of enactment of this Act pursuant to section 104 of the Federally 
    Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
        (15) Trust land.--The term ``trust land'' has the meaning given 
    the term in section 3765 of title 38, United States Code.
        (16) Underserved.--The term ``underserved'', with respect to an 
    area, means an area--
            (A) that is designated as a Tribally underserved area 
        through the process described in subsection (g); or
            (B) that--
                (i) is of a standard size not larger than a census 
            block, as established by the Commission;
                (ii) is not an unserved area; and
                (iii) as determined in accordance with the FCC fixed 
            broadband map, does not have access to broadband service 
            with--

                    (I) except as provided in subclause (II)--

                        (aa) a download speed of not less than 100 
                    megabits per second; and
                        (bb) an upload speed of not less than 20 
                    megabits per second; or

                    (II) minimum download and upload speeds established 
                as benchmarks by the Commission for purposes of this 
                Act after the date of enactment of this Act, if those 
                minimum speeds are higher than the minimum speeds 
                required under subclause (I).

        (17) Unserved.--The term ``unserved'', with respect to an area, 
    means an area--
            (A) that is designated as a Tribally underserved area 
        through the process described in subsection (g); or
            (B) that--
                (i) is of a standard size not larger than a census 
            block, as established by the Commission; and
                (ii) as determined in accordance with the FCC fixed 
            broadband map, does not have access to broadband service 
            with--

                    (I) except as provided in subclause (II)--

                        (aa) a download speed of not less than 25 
                    megabits per second; and
                        (bb) an upload speed of not less than 3 
                    megabits per second; or

                    (II) minimum download and upload speeds established 
                as benchmarks by the Commission for purposes of this 
                Act after the date of enactment of this Act, if those 
                minimum speeds are higher than the minimum speeds 
                required under subclause (I).

    (b) Purpose; Sense of Congress.--
        (1) Purpose.--The purposes of this section are--
            (A) to encourage the expansion and extension of middle mile 
        infrastructure to reduce the cost of connecting unserved and 
        underserved areas to the backbone of the internet (commonly 
        referred to as the ``last mile''); and
            (B) to promote broadband connection resiliency through the 
        creation of alternative network connection paths that can be 
        designed to prevent single points of failure on a broadband 
        network.
        (2) Sense of congress.--It is the sense of Congress that--
            (A) in awarding middle mile grants, the Assistant Secretary 
        should give priority to--
                (i) projects that leverage existing rights-of-way, 
            assets, and infrastructure to minimize financial, 
            regulatory, and permitting challenges;
                (ii) projects in which the eligible entity designs the 
            route of the middle mile infrastructure to enable the 
            connection of unserved anchor institutions, including 
            Tribal anchor institutions; and
                (iii) projects that facilitate the development of 
            carrier-neutral interconnection facilities; and
                (iv) projects that--

                    (I) improve the redundancy and resiliency of 
                existing middle mile infrastructure; and
                    (II) reduce regulatory and permitting barriers to 
                promote the construction of new middle mile 
                infrastructure; and

            (B) a regulated utility should use funds received from a 
        middle mile grant as a supplement to the core utility capital 
        investment plan of the regulated utility to--
                (i) facilitate increased broadband resiliency or 
            redundancy of existing middle mile infrastructure; or
                (ii) provide connectivity to unserved areas and 
            underserved areas within the service territory of the 
            utility and nearby communities.
    (c) Middle Mile Grants.--The Assistant Secretary shall establish a 
program under which the Assistant Secretary makes grants on a 
technology-neutral, competitive basis to eligible entities for the 
construction, improvement, or acquisition of middle mile 
infrastructure.
    (d) Applications for Grants.--
        (1) In general.--The Assistant Secretary shall establish an 
    application process for middle mile grants in accordance with this 
    subsection.
        (2) Evaluation of applications.--In establishing an application 
    process for middle mile grants under paragraph (1), the Assistant 
    Secretary shall give priority to an application from an eligible 
    entity that satisfies 2 or more of the following conditions:
            (A) The eligible entity adopts fiscally sustainable middle 
        mile strategies.
            (B) The eligible entity commits to offering non-
        discriminatory interconnect to terrestrial and wireless last 
        mile broadband providers and any other party making a bona fide 
        request.
            (C) The eligible entity identifies specific terrestrial and 
        wireless last mile broadband providers that have--
                (i) expressed written interest in interconnecting with 
            middle mile infrastructure planned to be deployed by the 
            eligible entity; and
                (ii) demonstrated sustainable business plans or 
            adequate funding sources with respect to the interconnect 
            described in clause (i).
            (D) The eligible entity has identified supplemental 
        investments or in-kind support (such as waived franchise or 
        permitting fees) that will accelerate the completion of the 
        planned project.
            (E) The eligible entity has demonstrated that the middle 
        mile infrastructure will benefit national security interests of 
        the United States and the Department of Defense.
        (3) Grant application competence.--The Assistant Secretary 
    shall include in the application process established under 
    paragraph (1) a requirement that an eligible entity provide 
    evidence that the eligible entity is capable of carrying out a 
    proposed project in a competent manner, including by demonstrating 
    that the eligible entity has the financial, technical, and 
    operational capability to carry out the proposed project and 
    operate the resulting middle mile broadband network.
    (e) Eligibility.--
        (1) Prioritization.--To be eligible to obtain a middle mile 
    grant, an eligible entity shall agree, in the application submitted 
    through the process established under subsection (d), to 
    prioritize--
            (A) connecting middle mile infrastructure to last mile 
        networks that provide or plan to provide broadband service to 
        households in unserved areas;
            (B) connecting non-contiguous trust lands; or
            (C) the offering of wholesale broadband service at 
        reasonable rates on a carrier-neutral basis.
        (2) Buildout timeline.--Subject to paragraph (5), to be 
    eligible to obtain a middle mile grant, an eligible entity shall 
    agree, in the application submitted through the process established 
    under subsection (d), to complete buildout of the middle mile 
    infrastructure described in the application by not later than 5 
    years after the date on which amounts from the grant are made 
    available to the eligible entity.
        (3) Project eligibility requirements.--
            (A) Capability to support retail broadband service.--A 
        project shall be eligible for a middle mile grant if, at the 
        time of the application, the Assistant Secretary determines 
        that the proposed middle mile broadband network will be capable 
        of supporting retail broadband service.
            (B) Mapping data.--
                (i) Use of most recent data.--In mapping out gaps in 
            broadband coverage, an eligible entity that uses a middle 
            mile grant to build out terrestrial or fixed wireless 
            middle mile infrastructure shall use the most recent 
            broadband mapping data available from one of the following 
            sources:

                    (I) The FCC fixed broadband map.
                    (II) The State in which the area that will be 
                served by the middle mile infrastructure is located, or 
                the Tribal government with jurisdiction over the area 
                that will be served by the middle mile infrastructure 
                (if applicable).
                    (III) Speed and usage surveys of existing broadband 
                service that--

                        (aa) demonstrate that more than 25 percent of 
                    the respondents display a broadband service speed 
                    that is slower than the speeds required for an area 
                    to qualify as unserved; and
                        (bb) are conducted by--
                            (AA) the eligible entity;
                            (BB) the State in which the area that will 
                        be served by the middle mile infrastructure is 
                        located; or
                            (CC) the Tribal government with 
                        jurisdiction over the area that will be served 
                        by the middle mile infrastructure (if 
                        applicable).
                (ii) Sharing facility locations.--

                    (I) Definition.--In this clause, the term ``covered 
                recipient'', with respect to an eligible entity, 
                means--

                        (aa) the Assistant Secretary;
                        (bb) the Commission;
                        (cc) the Tribal government with jurisdiction 
                    over the area that will be served by the middle 
                    mile infrastructure (if applicable); and
                        (dd) the State broadband office for the State 
                    in which the area that will be served by the middle 
                    mile infrastructure is located.

                    (II) Provision of information.--Subject to 
                subclauses (III) and (IV), an eligible entity that 
                constructs, improves, or acquires middle mile 
                infrastructure using a middle mile grant shall share 
                with each covered recipient the location of all the 
                middle mile broadband infrastructure.
                    (III) Format.--An eligible entity shall provide the 
                information required under subclause (II) to each 
                covered recipient in a uniform format determined by the 
                Assistant Secretary.
                    (IV) Protection of information.--

                        (aa) In general.--The information provided by 
                    an eligible entity under subclause (II) may only be 
                    used for purposes of carrying out the grant program 
                    under subsection (c) and any reporting related 
                    thereto.
                        (bb) Legal defenses.--
                            (AA) In general.--A covered recipient may 
                        not receive information under subclause (II) 
                        unless the covered recipient agrees in writing 
                        to assert all available legal defenses to the 
                        disclosure of the information if a person or 
                        entity seeks disclosure from the covered 
                        recipient under any Federal, State, or local 
                        public disclosure law.
                            (BB) Rule of construction.--Nothing in 
                        subitem (AA) is intended to be or shall be 
                        construed as a waiver of Tribal sovereign 
                        immunity.
            (C) Connection to anchor institutions.--To the extent 
        feasible, an eligible entity that receives a middle mile grant 
        to build middle mile infrastructure using fiber optic 
        technology shall--
                (i) ensure that the proposed middle mile broadband 
            network will be capable of providing broadband to an anchor 
            institution at a speed of not less than--

                    (I) 1 gigabit per second for downloads; and
                    (II) 1 gigabit per second for uploads to an anchor 
                institution; and

                (ii) include direct interconnect facilities that will 
            facilitate the provision of broadband service to anchor 
            institutions located within 1,000 feet of the middle mile 
            infrastructure.
            (D) Interconnection and nondiscrimination.--
                (i) In general.--An eligible entity that receives a 
            middle mile grant to build a middle mile project using 
            fiber optic technology shall offer interconnection in 
            perpetuity, where technically feasible without exceeding 
            current or reasonably anticipated capacity limitations, on 
            reasonable rates and terms to be negotiated with requesting 
            parties.
                (ii) Nature of interconnection.--The interconnection 
            required to be offered under clause (i) includes both the 
            ability to connect to the public internet and physical 
            interconnection for the exchange of traffic.
                (iii) Inclusion in application.--An applicant for a 
            middle mile grant shall disclose the applicant's proposed 
            interconnection, nondiscrimination, and network management 
            practices in the application submitted through the process 
            established under subsection (d).
        (4) Accountability.--The Assistant Secretary shall--
            (A) establish sufficient transparency, accountability, 
        reporting, and oversight measures for the grant program 
        established under subsection (c) to deter waste, fraud, and 
        abuse of program funds; and
            (B) establish--
                (i) buildout requirements for each eligible entity that 
            receives a middle mile grant, which shall require the 
            completion of a certain percentage of project miles by a 
            certain date; and
                (ii) penalties, which may include rescission of funds, 
            for grantees that do not meet requirements described in 
            clause (i) or the deadline under paragraph (2).
        (5) Extensions.--
            (A) In general.--At the request of an eligible entity, the 
        Assistant Secretary may extend the buildout deadline under 
        paragraph (2) by not more than 1 year if the eligible entity 
        certifies that--
                (i) the eligible entity has a plan for use of the 
            middle mile grant;
                (ii) the project to build out middle mile 
            infrastructure is underway; or
                (iii) extenuating circumstances require an extension of 
            time to allow completion of the project to build out middle 
            mile infrastructure.
            (B) Effect on interim buildout requirements.--If the 
        Assistant Secretary grants an extension under subparagraph (A), 
        the Assistant Secretary shall modify any buildout requirements 
        established under paragraph (4)(B)(i) as necessary.
    (f) Federal Share.--The amount of a middle mile grant awarded to an 
eligible entity may not exceed 70 percent of the total project cost.
    (g) Special Rules for Tribal Governments.--
        (1) Waivers; alternative requirements.--The Assistant 
    Secretary, in consultation with Tribal governments and Native 
    entities, may waive, or specify alternative requirements for, any 
    provision of subsections (c) through (f) if the Assistant Secretary 
    finds that the waiver or alternative requirement is necessary--
            (A) for the effective delivery and administration of middle 
        mile grants to Tribal governments; or
            (B) the construction, improvement, or acquisition of middle 
        mile infrastructure on trust land.
        (2) Tribally unserved areas; tribally underserved areas.--The 
    Assistant Secretary, in consultation with Tribal governments and 
    Native entities, shall develop a process for designating Tribally 
    unserved areas and Tribally underserved areas for purposes of this 
    section.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000,000 for fiscal years 
2022 through 2026.

                    TITLE V--BROADBAND AFFORDABILITY

SEC. 60501. DEFINITIONS.
    In this title--
        (1) the term ``broadband internet access service'' has the 
    meaning given the term in section 8.1(b) of title 47, Code of 
    Federal Regulations, or any successor regulation; and
        (2) the term ``Commission'' means the Federal Communications 
    Commission.
SEC. 60502. BROADBAND AFFORDABILITY.
    (a) Extension and Modification of Emergency Broadband Benefit.--
        (1) Extension.--Section 904 of division N of the Consolidated 
    Appropriations Act, 2021 (Public Law 116-260) is amended--
            (A) in the heading, by striking ``during emergency period 
        relating to covid-19'';
            (B) in subsection (a)--
                (i) by striking paragraph (8); and
                (ii) by redesignating paragraphs (9) through (13) as 
            paragraphs (8) through (12), respectively; and
            (C) in subsection (b)--
                (i) in paragraph (1), by striking ``during the 
            emergency period'';
                (ii) in paragraph (4), by striking ``during the 
            emergency period''; and
                (iii) in paragraph (5), by striking ``during the 
            emergency period,''.
        (2) Change to program name.--Section 904 of division N of the 
    Consolidated Appropriations Act, 2021 (Public Law 116-260), as 
    amended by paragraph (1) of this subsection, is amended--
            (A) in subsection (a)(7), in the heading, by striking 
        ``Emergency broadband'' and inserting ``Affordable 
        connectivity'';
            (B) in subsection (b), in the heading, by striking 
        ``Emergency Broadband Benefit'' and inserting ``Affordable 
        Connectivity'';
            (C) in subsection (i), in the heading, by striking 
        ``Emergency Broadband'' and inserting ``Affordable'';
            (D) by striking ``Emergency Broadband Benefit'' each place 
        the term appears and inserting ``Affordable Connectivity'';
            (E) by striking ``Emergency Broadband'' each place the term 
        appears and inserting ``Affordable''; and
            (F) by striking ``emergency broadband'' each place the term 
        appears and inserting ``affordable connectivity''.
        (3) Other initial modifications.--Section 904 of division N of 
    the Consolidated Appropriations Act, 2021 (Public Law 116-260), as 
    amended by paragraph (2) of this subsection, is amended--
            (A) in subsection (a)(7)--
                (i) by striking ``The term'' and inserting the 
            following:
            ``(A) In general.--Subject to subparagraph (B), the term''; 
        and
                (ii) by adding at the end the following:
            ``(B) High-cost areas.--The Commission shall, by 
        regulation, establish a mechanism by which a participating 
        provider in a high-cost area (as defined in section 60102(a)(2) 
        of the Infrastructure Investment and Jobs Act) may provide an 
        affordable connectivity benefit in an amount up to the amount 
        specified in subparagraph (A) for an internet service offering 
        provided on Tribal land upon a showing that the applicability 
        of the lower limit under subparagraph (A) to the provision of 
        the affordable connectivity benefit by the provider would cause 
        particularized economic hardship to the provider such that the 
        provider may not be able to maintain the operation of part or 
        all of its broadband network.'';
            (B) in subsection (b)--
                (i) by redesignating paragraphs (7) through (10) as 
            paragraphs (12) through (15), respectively;
                (ii) by inserting after paragraph (6) the following:
        ``(7) Requirement to allow customers to apply affordable 
    connectivity benefit to any internet service offering.--
            ``(A) In general.--A participating provider--
                ``(i) shall allow an eligible household to apply the 
            affordable connectivity benefit to any internet service 
            offering of the participating provider at the same terms 
            available to households that are not eligible households; 
            and
                ``(ii) may not require the eligible household to submit 
            to a credit check in order to apply the affordable 
            connectivity benefit to an internet service offering of the 
            participating provider.
            ``(B) Nonpayment.--Nothing in subparagraph (A) shall 
        prevent a participating provider from terminating the provision 
        of broadband internet access service to a subscriber after 90 
        days of nonpayment.
        ``(8) Public awareness.--A participating provider, in 
    collaboration with the applicable State agencies, public interest 
    groups, and non-profit organizations, in order to increase the 
    adoption of broadband internet access service by consumers, shall 
    carry out public awareness campaigns in service areas that are 
    designed to highlight--
            ``(A) the value and benefits of broadband internet access 
        service; and
            ``(B) the existence of the Affordable Connectivity Program.
        ``(9) Oversight.--The Commission--
            ``(A) shall establish a dedicated complaint process for 
        consumers who participate in the Affordable Connectivity 
        Program to file complaints about the compliance of 
        participating providers with, including with respect to the 
        quality of service received under, the Program;
            ``(B) shall require a participating provider to supply 
        information about the existence of the complaint process 
        described in subparagraph (A) to subscribers who participate in 
        the Affordable Connectivity Program;
            ``(C)(i) shall act expeditiously to investigate potential 
        violations of and enforce compliance with this section, 
        including under clause (ii) of this subparagraph; and
            ``(ii) in enforcing compliance with this section, may 
        impose forfeiture penalties under section 503 of the 
        Communications Act of 1934 (47 U.S.C. 503); and
            ``(D) shall regularly issue public reports about complaints 
        regarding the compliance of participating providers with the 
        Affordable Connectivity Program.
        ``(10) Information on affordable connectivity program.--
            ``(A) Participating providers.--When a customer subscribes 
        to, or renews a subscription to, an internet service offering 
        of a participating provider, the participating provider shall 
        notify the customer about the existence of the Affordable 
        Connectivity Program and how to enroll in the Program.
            ``(B) Federal agencies.--The Commission shall collaborate 
        with relevant Federal agencies, including to ensure relevant 
        Federal agencies update their System of Records Notices, to 
        ensure that a household that participates in any program that 
        qualifies the household for the Affordable Connectivity Program 
        is provided information about the Program, including how to 
        enroll in the Program.
            ``(C) Commission outreach.--
                ``(i) In general.--The Commission may conduct outreach 
            efforts to encourage eligible households to enroll in the 
            Affordable Connectivity Program.
                ``(ii) Activities.--In carrying out clause (i), the 
            Commission may--

                    ``(I) facilitate consumer research;
                    ``(II) conduct focus groups;
                    ``(III) engage in paid media campaigns;
                    ``(IV) provide grants to outreach partners; and
                    ``(V) provide an orderly transition for 
                participating providers and consumers from the 
                Emergency Broadband Benefit Program established under 
                paragraph (1) (as that paragraph was in effect on the 
                day before the date of enactment of the Infrastructure 
                Investment and Jobs Act) to the Affordable Connectivity 
                Program.

        ``(11) Consumer protection issues.--
            ``(A) In general.--The Commission shall, after providing 
        notice and opportunity for comment in accordance with section 
        553 of title 5, United States Code, promulgate rules to protect 
        consumers who participate in, or seek to participate in, the 
        Affordable Connectivity Program from--
                ``(i) inappropriate upselling or downselling by a 
            participating provider;
                ``(ii) inappropriate requirements that a consumer opt 
            in to an extended service contract as a condition of 
            participating in the Affordable Connectivity Program;
                ``(iii) inappropriate restrictions on the ability of a 
            consumer to switch internet service offerings or otherwise 
            apply support from the Affordable Connectivity Program to a 
            different internet service offering with a participating 
            provider;
                ``(iv) inappropriate restrictions on the ability of a 
            consumer to switch participating providers, other than a 
            requirement that the customer return any customer premises 
            equipment provided by a participating provider; and
                ``(v) similar restrictions that amount to unjust and 
            unreasonable acts or practices that undermine the purpose, 
            intent, or integrity of the Affordable Connectivity 
            Program.
            ``(B) Exceptions.--In complying with this paragraph, the 
        Commission may take advantage of the exceptions set forth in 
        subsections (e) and (f).''; and
                (iii) in paragraph (14), as so redesignated, by 
            striking ``paragraph (7)'' and inserting ``paragraph 
            (12)''.
    (b) Delayed Amendments to Affordable Connectivity Program.--
        (1) In general.--Effective on the date on which the Commission 
    submits the certification required under paragraph (4), or December 
    31, 2021, whichever is earlier, section 904 of division N of the 
    Consolidated Appropriations Act, 2021 (Public Law 116-260), as 
    amended by subsection (a) of this section, is amended--
            (A) in subsection (a)--
                (i) in paragraph (6)--

                    (I) in subparagraph (A), by inserting before the 
                semicolon at the end the following: ``except that such 
                subsection (a), including for purposes of such 
                subsection (b), shall be applied by substituting `200 
                percent' for `135 percent''';
                    (II) by striking subparagraph (C);
                    (III) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (C) and (D), respectively;
                    (IV) in subparagraph (C), as so redesignated, by 
                striking ``or'' at the end;
                    (V) in subparagraph (D), as so redesignated--

                        (aa) by striking ``or COVID-19''; and
                        (bb) by striking the period at the end and 
                    inserting ``; or''; and

                    (VI) by adding at the end the following:

            ``(E) at least one member of the household receives 
        assistance through the special supplemental nutritional program 
        for women, infants, and children established by section 17 of 
        the Child Nutrition Act of 1996 (42 U.S.C. 1786).'';
                (ii) in paragraph (7)--

                    (I) by striking ``which shall be no more than the 
                standard rate for an internet service offering and 
                associated equipment,''; and
                    (II) by striking ``$50'' and inserting ``$30'';

                (iii) in paragraph (8), as so redesignated by 
            subsection (a) of this section, by striking ``, offered in 
            the same manner, and on the same terms, as described in any 
            of such provider's offerings for broadband internet access 
            service to such household, as on December 1, 2020''; and
                (iv) by striking paragraph (12), as so redesignated by 
            subsection (a) of this section; and
            (B) in subsection (b)(6)--
                (i) by striking subparagraph (A);
                (ii) by redesignating subparagraphs (B), (C), and (D) 
            as subparagraphs (A), (B), and (C), respectively; and
                (iii) in subparagraph (A), as so redesignated--

                    (I) by striking clause (i); and
                    (II) by redesignating clauses (ii), (iii), and (iv) 
                as clauses (i), (ii), and (iii), respectively.

        (2) Applicability of amendment to eligibility.-- A household 
    that qualified for the Affordable Connectivity Program under 
    section 904 of division N of the Consolidated Appropriations Act, 
    2021 (Public Law 116-260) before the effective date in paragraph 
    (1) and, as of that effective date, would, but for this 
    subparagraph, see a reduction in the amount of the affordable 
    connectivity benefit under the Program, shall, during the 60-day 
    period beginning on that effective date, be eligible for the 
    affordable connectivity benefit in the amount in effect with 
    respect to that household, as of the day before that effective 
    date.
        (3) Transition.--After the effective date under paragraph (1), 
    an eligible household that was participating in the Emergency 
    Broadband Benefit Program under section 904 of division N of the 
    Consolidated Appropriations Act, 2021 (Public Law 116-260) on the 
    day before the date of enactment of this Act and qualifies for the 
    Affordable Connectivity Program established under that section (as 
    amended by this section) shall continue to have access to an 
    affordable service offering.
        (4) Certification required.--On the date on which the amounts 
    appropriated under section 904(i)(2) of division N of the 
    Consolidated Appropriations Act, 2021 (Public Law 116-260) have 
    been fully expended, the Commission shall submit to Congress a 
    certification regarding that fact.
    (c) Broadband Transparency Rules.--
        (1) Rules.--Not later than 1 year after the date of enactment 
    of this Act, the Commission shall issue final rules regarding the 
    annual collection by the Commission of data relating to the price 
    and subscription rates of each internet service offering of a 
    participating provider under the Affordable Connectivity Program 
    established under section 904 of division N of the Consolidated 
    Appropriations Act, 2021 (Public Law 116-260) (as amended by this 
    section) to which an eligible household subscribes.
        (2) Updates.--Not later than 180 days after the date on which 
    rules are issued under paragraph (1), and when determined to be 
    necessary by the Commission thereafter, the Commission shall revise 
    the rules to verify the accuracy of data submitted pursuant to the 
    rules.
        (3) Redundancy avoidance.--Nothing in this subsection shall be 
    construed to require the Commission, in order to meet a requirement 
    of this subsection, to duplicate an activity that the Commission is 
    undertaking as of the date of enactment of this Act, if--
            (A) the Commission refers to the activity in the rules 
        issued under paragraph (1);
            (B) the activity meets the requirements of this subsection; 
        and
            (C) the Commission discloses the activity to the public.
        (4) Availability of data.--
            (A) Public availability.--The Commission shall make data 
        relating to broadband internet access service collected under 
        the rules issued under paragraph (1) available to the public in 
        a commonly used electronic format without risking the 
        disclosure of personally identifiable information or 
        proprietary information, consistent with section 0.459 of title 
        47, Code of Federal Regulations (or any successor regulation).
            (B) Determination of personally identifiable information.--
        The Commission--
                (i) shall define the term ``personally identifiable 
            information'', for purposes of subparagraph (A) through 
            notice and comment rulemaking; and
                (ii) may not make any data available to the public 
            under subparagraph (A) before completing the rulemaking 
            under clause (i) of this subparagraph.
    (d) Guidance.--The Commission may issue such guidance, forms, 
instructions, or publications, or provide such technical assistance, as 
may be necessary or appropriate to carry out the programs, projects, or 
activities authorized under this section and the amendments made by 
this section, including to ensure that such programs, projects, or 
activities are completed in a timely and effective manner.
    (e) Coordination.--The Secretary of Agriculture, the Secretary of 
Education, and the Secretary of Health and Human Services shall--
        (1) not later than 60 days after the date of enactment of this 
    Act, enter into a memorandum of understanding with the Universal 
    Service Administrative Company to provide for the expeditious 
    sharing of data through the National Verifier (as that term is 
    defined in section 54.400 of title 47, Code of Federal Regulations, 
    or any successor regulation), or any successor system, for the 
    purposes of verifying consumer eligibility for the program 
    established under section 904 of division N of the Consolidated 
    Appropriations Act, 2021 (Public Law 116-260), as amended by this 
    section; and
        (2) not later than 90 days after the date of enactment of this 
    Act, begin to share data under the memorandum of understanding 
    described in paragraph (1) for the purposes described in that 
    paragraph.
SEC. 60503. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES.
    Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C. 
644(b)(2)), as added by section 2 of the Broadband DATA Act (Public Law 
116-130), is amended--
        (1) in subparagraph (A), by adding ``and'' at the end; and
        (2) by striking subparagraphs (B) and (C) and inserting the 
    following:
            ``(B) coordinate with the Postmaster General, the heads of 
        other Federal agencies that operate delivery fleet vehicles, 
        and the Director of the Bureau of the Census for assistance 
        with data collection whenever coordination could feasibly yield 
        more specific geographic data.''.
SEC. 60504. ADOPTION OF CONSUMER BROADBAND LABELS.
    (a) Final Rule.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall promulgate regulations to require the 
display of broadband consumer labels, as described in the Public Notice 
of the Commission issued on April 4, 2016 (DA 16-357), to disclose to 
consumers information regarding broadband internet access service 
plans.
    (b) Introductory Rate Information.--
        (1) In general.--The broadband consumer label required under 
    subsection (a) shall also include information regarding whether the 
    offered price is an introductory rate and, if so, the price the 
    consumer will be required to pay following the introductory period.
        (2) Use in broadband data collection.--The Commission shall 
    rely on the price information displayed on the broadband consumer 
    label required under subsection (a) for any collection of data 
    relating to the price and subscription rates of each covered 
    broadband internet access service under section 60502(c).
    (c) Hearings.--In issuing the final rule under subsection (a), the 
Commission shall conduct a series of public hearings to assess, at the 
time of the proceeding--
        (1) how consumers evaluate broadband internet access service 
    plans; and
        (2) whether disclosures to consumers of information regarding 
    broadband internet access service plans, including the disclosures 
    required under section 8.1 of title 47, Code of Federal 
    Regulations, are available, effective, and sufficient.
SEC. 60505. GAO REPORT.
    (a) Definitions.--In this section, the term ``appropriate 
committees of Congress'' means--
        (1) the Committee on Appropriations of the Senate;
        (2) the Committee on Appropriations of the House of 
    Representatives;
        (3) the Committee on Commerce, Science, and Transportation of 
    the Senate;
        (4) the Committee on Environment and Public Works of the 
    Senate;
        (5) the Committee on Agriculture, Nutrition, and Forestry of 
    the Senate;
        (6) the Committee on Energy and Commerce of the House of 
    Representatives;
        (7) the Committee on Agriculture of the House of 
    Representatives; and
        (8) the Committee on Transportation and Infrastructure of the 
    House of the Representatives.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the appropriate committees of Congress a report that evaluates the 
process used by the Commission for establishing, reviewing, and 
updating the upload and download speed thresholds for broadband 
internet access service, including--
        (1) how the Commission reviews and updates broadband internet 
    access speed thresholds;
        (2) whether the Commission should consider future broadband 
    internet access service speed needs when establishing broadband 
    internet access service speed thresholds, including whether the 
    Commission considers the need, or the anticipated need, for higher 
    upload or download broadband internet access service speeds in the 
    5-year period and the 10-year period after the date on which a 
    broadband internet access service speed threshold is to be 
    established; and
        (3) whether the Commission should consider the impacts of 
    changing uses of the internet in establishing, reviewing, or 
    updating broadband internet access service speed thresholds, 
    including--
            (A) the proliferation of internet-based business;
            (B) working remotely and running a business from home;
            (C) video teleconferencing;
            (D) distance learning;
            (E) in-house web hosting; and
            (F) cloud data storage.
SEC. 60506. DIGITAL DISCRIMINATION.
    (a) Statement of Policy.--It is the policy of the United States 
that, insofar as technically and economically feasible--
        (1) subscribers should benefit from equal access to broadband 
    internet access service within the service area of a provider of 
    such service;
        (2) the term ``equal access'', for purposes of this section, 
    means the equal opportunity to subscribe to an offered service that 
    provides comparable speeds, capacities, latency, and other quality 
    of service metrics in a given area, for comparable terms and 
    conditions; and
        (3) the Commission should take steps to ensure that all people 
    of the United States benefit from equal access to broadband 
    internet access service.
    (b) Adoption of Rules.--Not later than 2 years after the date of 
enactment of this Act, the Commission shall adopt final rules to 
facilitate equal access to broadband internet access service, taking 
into account the issues of technical and economic feasibility presented 
by that objective, including--
        (1) preventing digital discrimination of access based on income 
    level, race, ethnicity, color, religion, or national origin; and
        (2) identifying necessary steps for the Commissions to take to 
    eliminate discrimination described in paragraph (1).
    (c) Federal Policies.--The Commission and the Attorney General 
shall ensure that Federal policies promote equal access to robust 
broadband internet access service by prohibiting deployment 
discrimination based on--
        (1) the income level of an area;
        (2) the predominant race or ethnicity composition of an area; 
    or
        (3) other factors the Commission determines to be relevant 
    based on the findings in the record developed from the rulemaking 
    under subsection (b).
    (d) Model State and Local Policies.--The Commission shall develop 
model policies and best practices that can be adopted by States and 
localities to ensure that broadband internet access service providers 
do not engage in digital discrimination.
    (e) Complaints.--The Commission shall revise its public complaint 
process to accept complaints from consumers or other members of the 
public that relate to digital discrimination.

            TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE

SEC. 60601. 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. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.
    ``(a) Definition.--In this section, the term `telecommunications 
interagency working group' means the interagency working group 
established under subsection (b)(1).
    ``(b) Establishment.--
        ``(1) In general.--Not later than 60 days after the date of 
    enactment of this section, the Chairman of the Commission, in 
    partnership with the Secretary of Labor, shall establish within the 
    Commission an interagency working group to develop recommendations 
    to address the workforce needs of the telecommunications industry, 
    including the safety of that workforce.
        ``(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) 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.
        ``(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) 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.
        ``(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) 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) 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. 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
            (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. INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND.
    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Indian Water Rights 
Settlement Completion Fund'' (referred to in this section as the 
``Fund'').
    (b) Deposits.--
        (1) In general.--On the later of October 1, 2021, and the date 
    of enactment of this Act, out of any funds in the Treasury not 
    otherwise appropriated, the Secretary of the Treasury shall deposit 
    in the Fund $2,500,000,000, to remain available until expended.
        (2) Availability.--Amounts deposited in the Fund under 
    paragraph (1) shall be available to the Secretary of the Interior, 
    without further appropriation or fiscal year limitation, for the 
    uses described in subsection (c).
    (c) Uses.--Subject to subsection (d), amounts deposited in the Fund 
under subsection (b) shall be used by the Secretary of the Interior for 
transfers to funds or accounts authorized to receive discretionary 
appropriations, or to satisfy other obligations identified by the 
Secretary of the Interior, under an Indian water settlement approved 
and authorized by an Act of Congress before the date of enactment of 
this Act.
    (d) Scope of Transfers.--
        (1) In general.--Transfers authorized under subsection (c) 
    shall be made in such amounts as are determined by the Secretary of 
    the Interior to be appropriate to satisfy the obligations of the 
    United States, including appropriate indexing, pursuant to the 
    applicable Indian water settlement.
        (2) Sequence and timing.--The Secretary of the Interior shall 
    have the discretion to determine the sequence and timing of 
    transfers from the Fund under subsection (c) in order to 
    substantially complete the eligible Indian water settlements as 
    expeditiously as practicable.

                     TITLE II--WILDFIRE MITIGATION

SEC. 70201. SHORT TITLE.
    This title may be cited as the ``Wildland Fire Mitigation and 
Management Commission Act of 2021''.
SEC. 70202. DEFINITIONS.
    In this title:
        (1) Appropriate committees of congress.--The term ``appropriate 
    committees of Congress'' means--
            (A) the Committee on Energy and Natural Resources of the 
        Senate;
            (B) the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate;
            (C) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (D) the Committee on Appropriations of the Senate;
            (E) the Committee on Environment and Public Works of the 
        Senate;
            (F) the Committee on Natural Resources of the House of 
        Representatives;
            (G) the Committee on Agriculture of the House of 
        Representatives;
            (H) the Committee on Homeland Security of the House of 
        Representatives;
            (I) the Committee on Appropriations of the House of 
        Representatives;
            (J) the Committee on Ways and Means of the House of 
        Representatives; and
            (K) the Committee on Natural Resources of the House of 
        Representatives.
        (2) Commission.--The term ``Commission'' means the commission 
    established under section 70203(a).
        (3) High-risk indian tribal government.--The term ``high-risk 
    Indian tribal government'' means an Indian tribal government, 
    during not fewer than 4 of the 5 years preceding the date of 
    enactment of this Act--
            (A) that received fire management assistance under section 
        420 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5187); or
            (B) land of which included an area for which the President 
        declared a major disaster for fire in accordance with section 
        401 of that Act (42 U.S.C. 5170).
        (4) High-risk state.--The term ``high-risk State'' means a 
    State that, during not fewer than 4 of the 5 years preceding the 
    date of enactment of this Act--
            (A) received fire management assistance under section 420 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5187); or
            (B) included an area for which the President declared a 
        major disaster for fire in accordance with section 401 of that 
        Act (42 U.S.C. 5170).
        (5) Indian tribal government.--The term ``Indian tribal 
    government'' has the meaning given the term in section 102 of the 
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
    U.S.C. 5122).
        (6) Secretaries.--The term ``Secretaries'' means--
            (A) the Secretary of the Interior;
            (B) the Secretary of Agriculture; and
            (C) the Secretary of Homeland Security, acting through the 
        Administrator of the Federal Emergency Management Agency.
        (7) State.--The term ``State'' has the meaning given the term 
    in section 102 of the Robert T. Stafford Disaster Relief and 
    Emergency Assistance Act (42 U.S.C. 5122).
        (8) Wildland-urban interface.--The term ``wildland-urban 
    interface'' has the meaning given the term in section 101 of the 
    Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 70203. ESTABLISHMENT OF COMMISSION.
    (a) Establishment.--Not later than 30 days after the date of 
enactment of this Act, the Secretaries shall jointly establish a 
commission to study and make recommendations to improve Federal 
policies relating to--
        (1) the prevention, mitigation, suppression, and management of 
    wildland fires in the United States; and
        (2) the rehabilitation of land in the United States devastated 
    by wildland fires.
    (b) Membership.--
        (1) Composition.--The Commission shall be composed of--
            (A) each of the Secretaries (or designees), who shall 
        jointly serve as the co-chairpersons of the Commission;
            (B) 9 representatives of Federal departments or agencies, 
        to be appointed by the Secretaries, including--
                (i) not fewer than 1 representative from each of--

                    (I) the Bureau of Land Management;
                    (II) the National Park Service;
                    (III) the Bureau of Indian Affairs;
                    (IV) the United States Fish and Wildlife Service; 
                and
                    (V) the Forest Service;

                (ii) a representative of or liaison to the Mitigation 
            Framework Leadership Group of the Federal Emergency 
            Management Agency;
                (iii) a representative to the National Interagency 
            Coordination Center, which is part of the National Wildfire 
            Coordination Group;
                (iv) a representative from 1 of the coordinating 
            agencies of the Recovery Support Function Leadership Group; 
            and
                (v) if the Secretaries determine it to be appropriate, 
            a representative of any other Federal department or agency, 
            such as the Department of Energy, the Environmental 
            Protection Agency, or the Department of Defense; and
            (C) 18 non-Federal stakeholders with expertise in wildland 
        fire preparedness, mitigation, suppression, or management, who 
        collectively have a combination of backgrounds, experiences, 
        and viewpoints and are representative of rural, urban, and 
        suburban areas, to be appointed by the Secretaries, including--
                (i) not fewer than 1 State hazard mitigation officer of 
            a high-risk State (or a designee);
                (ii) with preference given to representatives from 
            high-risk States and high-risk Indian tribal governments, 
            not fewer than 1 representative from each of--

                    (I) a State department of natural resources, 
                forestry, or agriculture or a similar State agency;
                    (II) a State department of energy or a similar 
                State agency;
                    (III) a county government, with preference given to 
                counties at least a portion of which is in the 
                wildland-urban interface; and
                    (IV) a municipal government, with preference given 
                to municipalities at least a portion of which is in the 
                wildland-urban interface;

                (iii) with preference given to representatives from 
            high-risk States and high-risk Indian tribal governments, 
            not fewer than 1 representative from each of--

                    (I) the public utility industry;
                    (II) the property development industry;
                    (III) Indian tribal governments;
                    (IV) wildland firefighters; and
                    (V) an organization--

                        (aa) described in section 501(c)(3) of the 
                    Internal Revenue Code of 1986 and exempt from 
                    taxation under section 501(a) of that Code; and
                        (bb) with expertise in forest management and 
                    environmental conservation;
                (iv) not greater than 2 other appropriate non-Federal 
            stakeholders, which may include the private sector; and
                (v) any other appropriate non-Federal stakeholders, 
            which may include the private sector, with preference given 
            to non-Federal stakeholders from high-risk States and high-
            risk Indian tribal governments.
        (2) State limitation.--Each member of the Commission appointed 
    under clauses (i) and (ii) of paragraph (1)(C) shall represent a 
    different State.
        (3) Date.--The appointments of the members of the Commission 
    shall be made not later than 60 days after the date of enactment of 
    this Act.
    (c) Period of Appointment; Vacancies.--
        (1) In general.--A member of the Commission shall be appointed 
    for the life of the Commission.
        (2) Vacancies.--A vacancy in the Commission--
            (A) shall not affect the powers of the Commission; and
            (B) shall be filled in the same manner as the original 
        appointment.
    (d) Meetings.--
        (1) Initial meeting.--Not later than 30 days after the date on 
    which all members of the Commission have been appointed, the 
    Commission shall hold the first meeting of the Commission.
        (2) Frequency.--The Commission shall meet not less frequently 
    than once every 30 days.
        (3) Type.--The Commission may hold meetings, and a member of 
    the Commission may participate in a meeting, remotely through 
    teleconference, video conference, or similar means.
        (4) Quorum.--A majority of the members of the Commission shall 
    constitute a quorum, but a lesser number of members may hold 
    hearings.
SEC. 70204. DUTIES OF COMMISSION.
    (a) Report on Recommendations to Mitigate and Manage Wildland 
Fires.--
        (1) In general.--Not later than 1 year after the date of the 
    first meeting of the Commission, the Commission shall submit to the 
    appropriate committees of Congress a report describing 
    recommendations to prevent, mitigate, suppress, and manage wildland 
    fires, including--
            (A) policy recommendations, including recommendations--
                (i) to maximize the protection of human life, community 
            water supplies, homes, and other essential structures, 
            which may include recommendations to expand the use of 
            initial attack strategies;
                (ii) to facilitate efficient short- and long-term 
            forest management in residential and nonresidential at-risk 
            areas, which may include a review of community wildfire 
            protection plans;
                (iii) to manage the wildland-urban interface;
                (iv) to manage utility corridors;
                (v) to rehabilitate land devastated by wildland fire; 
            and
                (vi) to improve the capacity of the Secretary of 
            Agriculture and the Secretary of the Interior to conduct 
            hazardous fuels reduction projects;
            (B) policy recommendations described in subparagraph (A) 
        with respect to any recommendations for--
                (i) categorical exclusions from the requirement to 
            prepare an environmental impact statement or analysis under 
            the National Environmental Policy Act of 1969 (42 U.S.C. 
            4321 et seq.); or
                (ii) additional staffing or resources that may be 
            necessary to more expeditiously prepare an environmental 
            impact statement or analysis under that Act;
            (C) policy recommendations for modernizing and expanding 
        the use of technology, including satellite technology, remote 
        sensing, unmanned aircraft systems, and any other type of 
        emerging technology, to prevent, mitigate, suppress, and manage 
        wildland fires, including any recommendations with respect to--
                (i) the implementation of section 1114 of the John D. 
            Dingell, Jr. Conservation, Management, and Recreation Act 
            (43 U.S.C. 1748b-1); or
                (ii) improving early wildland fire detection;
            (D) an assessment of Federal spending on wildland fire-
        related disaster management, including--
                (i) a description and assessment of Federal grant 
            programs for States and units of local government for pre- 
            and post-wildland fire disaster mitigation and recovery, 
            including--

                    (I) the amount of funding provided under each 
                program;
                    (II) the effectiveness of each program with respect 
                to long-term forest management and maintenance; and
                    (III) recommendations to improve the effectiveness 
                of each program, including with respect to--

                        (aa) the conditions on the use of funds 
                    received under the program; and
                        (bb) the extent to which additional funds are 
                    necessary for the program;
                (ii) an evaluation, including recommendations to 
            improve the effectiveness in mitigating wildland fires, 
            which may include authorizing prescribed fires, of--

                    (I) the Building Resilient Infrastructure and 
                Communities program under section 203 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5133);
                    (II) the Pre-Disaster Mitigation program under that 
                section (42 U.S.C. 5133);
                    (III) the Hazard Mitigation Grant Program under 
                section 404 of that Act (42 U.S.C. 5170c);
                    (IV) Hazard Mitigation Grant Program post-fire 
                assistance under sections 404 and 420 of that Act (42 
                U.S.C. 5170c, 5187); and
                    (V) such other programs as the Commission 
                determines to be appropriate;

                (iii) an assessment of the definition of ``small 
            impoverished community'' under section 203(a) of the Robert 
            T. Stafford Disaster Relief and Emergency Assistance Act 
            (42 U.S.C. 5133(a)), specifically--

                    (I) the exclusion of the percentage of land owned 
                by an entity other than a State or unit of local 
                government; and
                    (II) any related economic impact of that exclusion; 
                and

                (iv) recommendations for Federal budgeting for wildland 
            fires and post-wildfire recovery;
            (E) any recommendations for matters under subparagraph (A), 
        (B), (C), or (D) specific to--
                (i) forest type, vegetation type, or forest and 
            vegetation type; or
                (ii) State land, Tribal land, or private land;
            (F)(i) a review of the national strategy described in the 
        report entitled ``The National Strategy: The Final Phase in the 
        Development of the National Cohesive Wildland Fire Management 
        Strategy'' and dated April 2014; and
            (ii) any recommendations for changes to that national 
        strategy to improve its effectiveness; and
            (G)(i) an evaluation of coordination of response to, and 
        suppression of, wildfires occurring on Federal, Tribal, State, 
        and local land among Federal, Tribal, State, and local agencies 
        with jurisdiction over that land; and
            (ii) any recommendations to improve the coordination 
        described in clause (i).
        (2) Specific policy recommendations.--To the maximum extent 
    practicable, the report described in paragraph (1) shall include 
    detailed short- and long-term policy recommendations, including any 
    recommendations for Federal legislation.
        (3) Interim reports.--Before the submission of the report under 
    paragraph (1), on approval of all members of the Commission, the 
    Commission may submit to the appropriate committees of Congress 1 
    or more interim reports, as the Commission determines to be 
    appropriate, relating to any matters described in paragraph (1).
    (b) Report on Aerial Wildland Firefighting Equipment Strategy and 
Inventory Assessment.--
        (1) Submission of inventory to the commission.--Not later than 
    45 days after the date on which the Commission holds the first 
    meeting of the Commission, the Secretary of Defense and the heads 
    of other relevant Federal departments and agencies shall submit to 
    the Commission an inventory of surplus cargo and passenger aircraft 
    and excess common-use aircraft parts that may be used for wildland 
    firefighting purposes, excluding any aircraft or aircraft parts 
    that are--
            (A) reasonably anticipated to be necessary for military 
        operations, readiness, or fleet management in the future; or
            (B) already obligated for purposes other than fighting 
        wildland fires.
        (2) Submission of report to congress.--Not later than 90 days 
    after the date on which the Commission receives the inventory 
    described in paragraph (1), the Commission shall submit to the 
    appropriate committees of Congress a report outlining a strategy to 
    meet aerial firefighting equipment needs through 2030 in the most 
    cost-effective manner, including--
            (A) an assessment of the expected number of aircraft and 
        aircraft parts needed to fight wildland fires through 2030;
            (B) an assessment of existing authorities of the Secretary 
        of Defense and the heads of other relevant Federal departments 
        and agencies to provide or sell surplus aircraft or aircraft 
        parts to Federal, State, or local authorities for wildland 
        firefighting use, including--
                (i) a description of the current use of each existing 
            authority; and
                (ii) a description of any additional authorities that 
            are needed for the Secretary of Defense and the heads of 
            other relevant Federal departments and agencies to provide 
            or sell surplus aircraft or aircraft parts to Federal, 
            State, or local authorities for wildland firefighting use; 
            and
            (C) recommendations to ensure the availability of aircraft 
        and aircraft parts that the Commission expects will be 
        necessary to fight wildland fires through 2030 in the most 
        cost-effective manner.
        (3) Considerations for accessing aircraft and aircraft parts.--
    In developing the strategy in the report required under paragraph 
    (2) and the recommendations under paragraph (2)(C), the Commission 
    shall consider all private and public sector options for accessing 
    necessary aircraft and aircraft parts, including procurement, 
    contracting, retrofitting, and public-private partnerships.
        (4) Unclassified report.--The inventory and report submitted 
    under paragraphs (1) and (2), respectively--
            (A) shall be unclassified; but
            (B) may include a classified annex.
    (c) Majority Requirement.--Not less than \2/3\ of the members of 
the Commission shall approve the recommendations contained in each 
report submitted under subsection (a) or (b)(2).
SEC. 70205. POWERS OF COMMISSION.
    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out this title.
    (b) Information From Federal Agencies.--
        (1) In general.--The Commission may secure directly from a 
    Federal department or agency such information as the Commission 
    considers necessary to carry out this title.
        (2) Furnishing information.--On request of the Chairpersons of 
    the Commission, the head of the department or agency shall furnish 
    the information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of such 
gifts or donations of services or property as the Commission considers 
necessary to carry out this title.
SEC. 70206. COMMISSION PERSONNEL MATTERS.
    (a) No Compensation.--A member of the Commission shall serve 
without compensation.
    (b) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Commission.
    (c) Staff.--
        (1) In general.--The Chairpersons of the Commission may, 
    without regard to the civil service laws (including regulations), 
    appoint and terminate an executive director and such other 
    additional personnel as may be necessary to enable the Commission 
    to perform its duties, except that the employment of an executive 
    director shall be subject to confirmation by the Commission.
        (2) Compensation.--The Chairpersons of the Commission may fix 
    the compensation of the executive director and other personnel 
    without regard to chapter 51 and subchapter III of chapter 53 of 
    title 5, United States Code, relating to classification of 
    positions and General Schedule pay rates, except that the rate of 
    pay for the executive director and other personnel may not exceed 
    the rate payable for level V of the Executive Schedule under 
    section 5316 of that title.
    (d) Detail of Government Employees.--A Federal Government employee 
may be detailed to the Commission without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairpersons of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals that do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of that title.
SEC. 70207. TERMINATION OF COMMISSION.
    The Commission shall terminate on the date that is 180 days after 
the date on which the Commission has submitted the reports under 
subsections (a) and (b) of section 70204.

                        TITLE III--REFORESTATION

SEC. 70301. SHORT TITLE.
    This title may be cited as the ``Repairing Existing Public Land by 
Adding Necessary Trees Act'' or the ``REPLANT Act''.
SEC. 70302. REFORESTATION FOLLOWING WILDFIRES AND OTHER UNPLANNED 
EVENTS.
    (a) Forest and Rangeland Renewable Resources Planning Act of 
1974.--
        (1) National forest cover policy.--
            (A) In general.--Section 3 of the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is 
        amended--
                (i) by redesignating subsection (e) as subsection (f);
                (ii) by redesignating the second subsection (d) 
            (relating to the policy of Congress regarding forested land 
            in the National Forest System) as subsection (e); and
                (iii) in subsection (e) (as so redesignated)--

                    (I) in paragraph (2)--

                        (aa) in the first sentence--
                            (AA) by striking ``9 of this Act, the 
                        Secretary shall annually for eight years 
                        following the enactment of this subsection'' 
                        and inserting ``9, the Secretary shall, 
                        annually during each of the 10 years beginning 
                        after the date of enactment of the REPLANT 
                        Act''; and
                            (BB) by striking ``eight-year'' and 
                        inserting ``10-year'';
                        (bb) in the second sentence, by striking ``such 
                    eight-year period'' and inserting ``the 10-year 
                    period''; and
                        (cc) in the third sentence, by striking 
                    ``1978'' and inserting ``2021'';

                    (II) in paragraph (3), in the first sentence, by 
                striking ``subsection (d)'' and inserting 
                ``subsection''; and
                    (III) by adding at the end the following:

        ``(4) Reforestation requirements.--
            ``(A) Definitions.--In this paragraph:
                ``(i) Natural regeneration.--

                    ``(I) In general.--The term `natural regeneration' 
                means the establishment of a tree or tree age class 
                from natural seeding, sprouting, or suckering in 
                accordance with the management objectives of an 
                applicable land management plan.
                    ``(II) Inclusion.--The term `natural regeneration' 
                may include any site preparation activity to enhance 
                the success of regeneration to the desired species 
                composition and structure.

                ``(ii) Priority land.--The term `priority land' means 
            National Forest System land that, due to an unplanned 
            event--

                    ``(I) does not meet the conditions for appropriate 
                forest cover described in paragraph (1);
                    ``(II) requires reforestation to meet the 
                objectives of an applicable land management plan; and
                    ``(III) is unlikely to experience natural 
                regeneration without assistance.

                ``(iii) Reforestation.--The term `reforestation' means 
            the act of renewing tree cover, taking into consideration 
            species composition and resilience, by establishing young 
            trees through--

                    ``(I) natural regeneration;
                    ``(II) natural regeneration with site preparation; 
                or
                    ``(III) planting or direct seeding.

                ``(iv) Secretary.--The term `Secretary' means the 
            Secretary, acting through the Chief of the Forest Service.
                ``(v) Unplanned event.--

                    ``(I) In general.--The term `unplanned event' means 
                any unplanned disturbance that--

                        ``(aa) disrupts ecosystem or forest structure 
                    or composition; or
                        ``(bb) changes resources, substrate 
                    availability, or the physical environment.

                    ``(II) Inclusions.--The term `unplanned event' may 
                include--

                        ``(aa) a wildfire;
                        ``(bb) an infestation of insects or disease;
                        ``(cc) a weather event; and
                        ``(dd) animal damage.
            ``(B) Requirement.--Each reforestation activity under this 
        section shall be carried out in accordance with applicable 
        Forest Service management practices and definitions, including 
        definitions relating to silvicultural practices and forest 
        management.
            ``(C) Reforestation priority.--
                ``(i) In general.--In carrying out this subsection, the 
            Secretary shall give priority to projects on the priority 
            list described in clause (ii).
                ``(ii) Priority list.--

                    ``(I) In general.--The Secretary shall, based on 
                recommendations from regional foresters, create a 
                priority list of reforestation projects that--

                        ``(aa) primarily take place on priority land;
                        ``(bb) promote effective reforestation 
                    following unplanned events; and
                        ``(cc) may include activities to ensure 
                    adequate and appropriate seed availability.

                    ``(II) Ranking.--The Secretary shall rank projects 
                on the priority list under subclause (I) based on--

                        ``(aa) documentation of an effective 
                    reforestation project plan;
                        ``(bb) the ability to measure the progress and 
                    success of the project; and
                        ``(cc) the ability of a project to provide 
                    benefits relating to forest function and health, 
                    soil health and productivity, wildlife habitat, 
                    improved air and water quality, carbon 
                    sequestration potential, resilience, job creation, 
                    and enhanced recreational opportunities.''.
            (B) Conforming amendment.--Section 9 of the Cooperative 
        Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended, in 
        the undesignated matter following paragraph (5) of subsection 
        (g)--
                (i) by striking ``section 3(d)'' and inserting 
            ``subsection (e) of section 3''; and
                (ii) by striking ``1601(d)'' and inserting ``1601''.
        (2) National forest system program elements.--Section 9 of the 
    Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
    U.S.C. 1607) is amended, in the second sentence, by striking 
    ``2000'' and inserting ``2030''.
    (b) Reforestation Trust Fund.--Section 303 of Public Law 96-451 (16 
U.S.C. 1606a) is amended--
        (1) in subsection (b)--
            (A) by striking paragraph (2);
            (B) in paragraph (3)--
                (i) in the second sentence, by striking ``Proper 
            adjustment'' and inserting the following:
        ``(3) Adjustment of estimates.--Proper adjustment''; and
                (ii) by striking ``(3) The amounts'' and inserting the 
            following:
        ``(2) Frequency.--The amounts''; and
            (C) by striking the subsection designation and all that 
        follows through ``the Secretary'' in paragraph (1) and 
        inserting the following:
    ``(b) Transfers to Trust Fund.--
        ``(1) In general.--The Secretary''; and
        (2) in subsection (d)(1)--
            (A) by striking ``section 3(d)'' and inserting ``subsection 
        (e) of section 3''; and
            (B) by striking ``1601(d)'' and inserting ``1601''.
SEC. 70303. REPORT.
    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Secretary of Agriculture shall submit to the 
Committee on Agriculture, Nutrition, and Forestry of the Senate and the 
Committee on Agriculture of the House of Representatives, and make 
publicly available on the website of the Forest Service, a report that 
describes, with respect to the preceding year--
        (1) an evaluation of the degree to which the Secretary has 
    achieved compliance with the requirements contained in the 
    amendments made by this title, including, as a result of those 
    amendments, the number of acres covered by reforestation projects 
    that follow unplanned events (such as wildfires);
        (2) the total number of acres of land reforested under each 
    authority of the Secretary under which reforestation projects have 
    been carried out;
        (3) the number of acres of National Forest System land affected 
    by, and the substance of reforestation needs on that land resulting 
    from, unplanned events; and
        (4) the number of acres in need of reforestation under 
    subsection (e)(1) of section 3 of the Forest and Rangeland 
    Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).

                     TITLE IV--RECYCLING PRACTICES

SEC. 70401. BEST PRACTICES FOR BATTERY RECYCLING AND LABELING 
GUIDELINES.
    (a) Definitions.--In this section:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Environmental Protection Agency.
        (2) Battery.--The term ``battery'' means a device that--
            (A) consists of 1 or more electrochemical cells that are 
        electrically connected; and
            (B) is designed to store and deliver electric energy.
        (3) Recycling.--The term ``recycling'' means the series of 
    activities--
            (A) during which recyclable materials are processed into 
        specification-grade commodities, and consumed as raw-material 
        feedstock, in lieu of virgin materials, in the manufacturing of 
        new products;
            (B) that may include collection, processing, and brokering; 
        and
            (C) that result in subsequent consumption by a materials 
        manufacturer, including for the manufacturing of new products.
    (b) Best Practices for Collection of Batteries to Be Recycled.--
        (1) In general.--The Administrator shall develop best practices 
    that may be implemented by State, Tribal, and local governments 
    with respect to the collection of batteries to be recycled in a 
    manner that--
            (A) to the maximum extent practicable, is technically and 
        economically feasible for State, Tribal, and local governments;
            (B) is environmentally sound and safe for waste management 
        workers; and
            (C) optimizes the value and use of material derived from 
        recycling of batteries.
        (2) Consultation.--The Administrator shall develop the best 
    practices described in paragraph (1) in coordination with State, 
    Tribal, and local governments and relevant nongovernmental and 
    private sector entities.
        (3) Report.--Not later than 2 years after the date of enactment 
    of this Act, the Administrator shall submit to Congress a report 
    describing the best practices developed under paragraph (1).
        (4) Authorization of appropriations.--There is authorized to be 
    appropriated to the Administrator to carry out this subsection 
    $10,000,000 for fiscal year 2022, to remain available until 
    September 30, 2026.
    (c) Voluntary Labeling Guidelines.--
        (1) In general.--There is established within the Environmental 
    Protection Agency a program (referred to in this subsection as the 
    ``program'') to promote battery recycling through the development 
    of--
            (A) voluntary labeling guidelines for batteries; and
            (B) other forms of communication materials for battery 
        producers and consumers about the reuse and recycling of 
        critical materials from batteries.
        (2) Purposes.--The purposes of the program are to improve 
    battery collection and reduce battery waste, including by--
            (A) identifying battery collection locations and increasing 
        accessibility to those locations;
            (B) promoting consumer education about battery collection 
        and recycling; and
            (C) reducing safety concerns relating to the improper 
        disposal of batteries.
        (3) Other standards and law.--The Administrator shall make 
    every reasonable effort to ensure that voluntary labeling 
    guidelines and other forms of communication materials developed 
    under the program are consistent with--
            (A) international battery labeling standards; and
            (B) the Mercury-Containing and Rechargeable Battery 
        Management Act (42 U.S.C. 14301 et seq.).
        (4) Authorization of appropriations.--There is authorized to be 
    appropriated to the Administrator to carry out this subsection 
    $15,000,000 for fiscal year 2022, to remain available until 
    September 30, 2026.
SEC. 70402. CONSUMER RECYCLING EDUCATION AND OUTREACH GRANT PROGRAM; 
FEDERAL PROCUREMENT.
    (a) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of the Environmental 
Protection Agency.
    (b) Consumer Recycling Education and Outreach Grant Program.--
        (1) In general.--The Administrator shall establish a program 
    (referred to in this subsection as the ``grant program'') to award 
    competitive grants to eligible entities to improve the 
    effectiveness of residential and community recycling programs 
    through public education and outreach.
        (2) Criteria.--The Administrator shall award grants under the 
    grant program for projects that, by using one or more eligible 
    activities described in paragraph (5)--
            (A) inform the public about residential or community 
        recycling programs;
            (B) provide information about the recycled materials that 
        are accepted as part of a residential or community recycling 
        program that provides for the separate collection of 
        residential solid waste from recycled material; and
            (C) increase collection rates and decrease contamination in 
        residential and community recycling programs.
        (3) Eligible entities.--
            (A) In general.--An entity that is eligible to receive a 
        grant under the grant program is--
                (i) a State;
                (ii) a unit of local government;
                (iii) an Indian Tribe (as defined in section 4 of the 
            Indian Self-Determination and Education Assistance Act (25 
            U.S.C. 5304));
                (iv) a Native Hawaiian organization (as defined in 
            section 6207 of the Elementary and Secondary Education Act 
            of 1965 (20 U.S.C. 7517));
                (v) the Department of Hawaiian Home Lands;
                (vi) the Office of Hawaiian Affairs;
                (vii) a nonprofit organization; or
                (viii) a public-private partnership.
            (B) Coordination of activities.--2 or more entities 
        described in subparagraph (A) may receive a grant under the 
        grant program to coordinate the provision of information to 
        residents that may access 2 or more residential recycling 
        programs, including programs that accept different recycled 
        materials, to provide to the residents information regarding 
        differences among those residential recycling programs.
        (4) Requirement.--
            (A) In general.--To receive a grant under the grant 
        program, an eligible entity shall demonstrate to the 
        Administrator that the grant funds will be used to encourage 
        the collection of recycled materials that are sold to an 
        existing or developing market.
            (B) Business plans and financial data.--
                (i) In general.--An eligible entity may make a 
            demonstration under subparagraph (A) through the submission 
            to the Administrator of appropriate business plans and 
            financial data.
                (ii) Confidentiality.--The Administrator shall treat 
            any business plans or financial data received under clause 
            (i) as confidential information.
        (5) Eligible activities.--An eligible entity that receives a 
    grant under the grant program may use the grant funds for 
    activities including--
            (A) public service announcements;
            (B) a door-to-door education and outreach campaign;
            (C) social media and digital outreach;
            (D) an advertising campaign on recycling awareness;
            (E) the development and dissemination of--
                (i) a toolkit for a municipal and commercial recycling 
            program;
                (ii) information on the importance of quality in the 
            recycling stream;
                (iii) information on the economic and environmental 
            benefits of recycling; and
                (iv) information on what happens to materials after the 
            materials are placed into a residential or community 
            recycling program;
            (F) businesses recycling outreach;
            (G) bin, cart, and other receptacle labeling and signs; and
            (H) such other activities that the Administrator determines 
        are appropriate to carry out the purposes of this subsection.
        (6) Prohibition on use of funds.--No funds may be awarded under 
    the grant program for a residential recycling program that--
            (A) does not provide for the separate collection of 
        residential solid waste (as defined in section 246.101 of title 
        40, Code of Federal Regulations (as in effect on the date of 
        enactment of this Act)) from recycled material (as defined in 
        that section), unless the funds are used to promote a 
        transition to a system that separately collects recycled 
        materials; or
            (B) promotes the establishment of, or conversion to, a 
        residential collection system that does not provide for the 
        separate collection of residential solid waste from recycled 
        material (as those terms are defined under subparagraph (A)).
        (7) Model recycling program toolkit.--
            (A) In general.--In carrying out the grant program, the 
        Administrator, in consultation with other relevant Federal 
        agencies, States, Indian Tribes, units of local government, 
        nonprofit organizations, and the private sector, shall develop 
        a model recycling program toolkit for States, Indian Tribes, 
        and units of local government that includes, at a minimum--
                (i) a standardized set of terms and examples that may 
            be used to describe materials that are accepted by a 
            residential recycling program;
                (ii) information that the Administrator determines can 
            be widely applied across residential recycling programs, 
            taking into consideration the differences in recycled 
            materials accepted by residential recycling programs;
                (iii) educational principles on best practices for the 
            collection and processing of recycled materials;
                (iv) a community self-assessment guide to identify gaps 
            in existing recycling programs;
                (v) training modules that enable States and nonprofit 
            organizations to provide technical assistance to units of 
            local government;
                (vi) access to consumer educational materials that 
            States, Indian Tribes, and units of local government can 
            adapt and use in recycling programs; and
                (vii) a guide to measure the effectiveness of a grant 
            received under the grant program, including standardized 
            measurements for recycling rates and decreases in 
            contamination.
            (B) Requirement.--In developing the standardized set of 
        terms and examples under subparagraph (A)(i), the Administrator 
        may not establish any requirements for--
                (i) what materials shall be accepted by a residential 
            recycling program; or
                (ii) the labeling of products.
        (8) School curriculum.--The Administrator shall provide 
    assistance to the educational community, including nonprofit 
    organizations, such as an organization the science, technology, 
    engineering, and mathematics program of which incorporates 
    recycling, to promote the introduction of recycling principles and 
    best practices into public school curricula.
        (9) Reports.--
            (A) To the administrator.--Not earlier than 180 days, and 
        not later than 2 years, after the date on which a grant under 
        the grant program is awarded to an eligible entity, the 
        eligible entity shall submit to the Administrator a report 
        describing, by using the guide developed under paragraph 
        (7)(A)(vii)--
                (i) the change in volume of recycled material collected 
            through the activities funded with the grant;
                (ii) the change in participation rate of the recycling 
            program funded with the grant;
                (iii) the reduction of contamination in the recycling 
            stream as a result of the activities funded with the grant; 
            and
                (iv) such other information as the Administrator 
            determines to be appropriate.
            (B) To congress.--The Administrator shall submit to 
        Congress an annual report describing--
                (i) the effectiveness of residential recycling programs 
            awarded funds under the grant program, including statistics 
            comparing the quantity and quality of recycled materials 
            collected by those programs, as described in the reports 
            submitted to the Administrator under subparagraph (A); and
                (ii) recommendations on additional actions to improve 
            residential recycling.
    (c) Federal Procurement.--Section 6002 of the Solid Waste Disposal 
Act (42 U.S.C. 6962) is amended--
        (1) in subsection (e), in the matter preceding paragraph (1), 
    by striking ``and from time to time, revise'' and inserting 
    ``review not less frequently than once every 5 years, and, if 
    appropriate, revise, in consultation with recyclers and 
    manufacturers of products containing recycled content, not later 
    than 2 years after the completion of the initial review after the 
    date of enactment of the Infrastructure Investment and Jobs Act and 
    thereafter, as appropriate''; and
        (2) by adding at the end the following:
    ``(j) Consultation and Provision of Information by Administrator.--
The Administrator shall--
        ``(1) consult with each procuring agency, including contractors 
    of the procuring agency, to clarify the responsibilities of the 
    procuring agency under this section; and
        ``(2) provide to each procuring agency information on the 
    requirements under this section and the responsibilities of the 
    procuring agency under this section.
    ``(k) Reports.--The Administrator, in consultation with the 
Administrator of General Services, shall submit to Congress an annual 
report describing--
        ``(1) the quantity of federally procured recycled products 
    listed in the guidelines under subsection (e); and
        ``(2) with respect to the products described in paragraph (1), 
    the percentage of recycled material in each product.''.
    (d) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated to the 
    Administrator to carry out this section and the amendments made by 
    this section $15,000,000 for each of fiscal years 2022 through 
    2026.
        (2) Requirement.--Of the amount made available under paragraph 
    (1) for a fiscal year, not less than 20 percent shall be allocated 
    to--
            (A) low-income communities;
            (B) rural communities; and
            (C) communities identified as Native American pursuant to 
        section 2(9) of the Native American Graves Protection and 
        Repatriation Act (25 U.S.C. 3001(9)).

                   TITLE V--BIOPRODUCT PILOT PROGRAM

SEC. 70501. PILOT PROGRAM ON USE OF AGRICULTURAL COMMODITIES IN 
CONSTRUCTION AND CONSUMER PRODUCTS.
    (a) Definitions.--In this section:
        (1) Construction product.--The term ``construction product'' 
    means any article, or component part thereof, produced or 
    distributed for use during the construction, maintenance, or 
    preservation of a highway, road, street, bridge, building, dam, 
    port, or airport construction project.
        (2) Consumer product.--The term ``consumer product'' means--
            (A) any article, or component part thereof, produced or 
        distributed--
                (i) for sale to a consumer for use in or around a 
            permanent or temporary household or residence, a school, in 
            recreation, or otherwise; or
                (ii) for the personal use, consumption or enjoyment of 
            a consumer in or around a permanent or temporary household 
            or residence, a school, in recreation, or otherwise; and
            (B) any product or product category described in 
        subparagraphs (A) through (I) of section 3(a)(5) of the 
        Consumer Product Safety Act (15 U.S.C. 2052(a)(5)).
        (3) Covered agricultural commodity.--The term ``covered 
    agricultural commodity'' means any agricultural commodity, food, 
    feed, fiber, livestock, oil, or a derivative thereof, that the 
    Secretary determines to have been used in the production of 
    materials that have demonstrated market viability and benefits (as 
    described in paragraphs (1) through (7) of subsection (b)) as of 
    the date of enactment of this Act.
        (4) Qualified institution.--The term ``qualified institution'' 
    means a bioproducts research facility that--
            (A) is funded, in part, by a State;
            (B) is located within a reasonable distance, not to exceed 
        3 miles, of the primary residence hall of an institution of 
        higher education (as defined in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)));
            (C) provides students opportunities to engage in research 
        activities; and
            (D) provides opportunities for an institution of higher 
        education (as defined in section 101(a) of the Higher Education 
        Act of 1965 (20 U.S.C. 1001(a))) to collaborate with private 
        enterprise.
        (5) Secretary.--The term ``Secretary'' means the Secretary of 
    Agriculture.
    (b) Establishment.--The Secretary shall carry out a pilot program 
under which the Secretary shall partner with not less than 1 qualified 
institution to study the benefits of using materials derived from 
covered agricultural commodities in the production of construction 
products and consumer products, including--
        (1) cost savings relative to other commonly used alternative 
    materials;
        (2) greenhouse gas emission reductions and other environmental 
    benefits relative to other commonly used alternative materials;
        (3) life-cycle and longevity-extending characteristics relative 
    to other commonly used alternative materials;
        (4) life-cycle and longevity-reducing characteristics relative 
    to other commonly used alternative materials;
        (5) landfill quantity and waste management cost reductions;
        (6) product development and production scale-up; and
        (7) any other benefits that the Secretary determines to be 
    appropriate.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $2,000,000 for 
each of fiscal years 2022 through 2023.

                        TITLE VI--CYBERSECURITY
              Subtitle A--Cyber Response and Recovery Act

SEC. 70601. SHORT TITLE.
    This subtitle may be cited as the ``Cyber Response and Recovery 
Act''.
SEC. 70602. DECLARATION OF A SIGNIFICANT INCIDENT.
    (a) In General.--Title XXII of the Homeland Security Act of 2002 (6 
U.S.C. 651 et seq.) is amended by adding at the end the following:

          ``Subtitle C--Declaration of a Significant Incident

``SEC. 2231. SENSE OF CONGRESS.
    ``It is the sense of Congress that--
        ``(1) the purpose of this subtitle is to authorize the 
    Secretary to declare that a significant incident has occurred and 
    to establish the authorities that are provided under the 
    declaration to respond to and recover from the significant 
    incident; and
        ``(2) the authorities established under this subtitle are 
    intended to enable the Secretary to provide voluntary assistance to 
    non-Federal entities impacted by a significant incident.
``SEC. 2232. DEFINITIONS.
    ``For the purposes of this subtitle:
        ``(1) Asset response activity.--The term `asset response 
    activity' means an activity to support an entity impacted by an 
    incident with the response to, remediation of, or recovery from, 
    the incident, including--
            ``(A) furnishing technical and advisory assistance to the 
        entity to protect the assets of the entity, mitigate 
        vulnerabilities, and reduce the related impacts;
            ``(B) assessing potential risks to the critical 
        infrastructure sector or geographic region impacted by the 
        incident, including potential cascading effects of the incident 
        on other critical infrastructure sectors or geographic regions;
            ``(C) developing courses of action to mitigate the risks 
        assessed under subparagraph (B);
            ``(D) facilitating information sharing and operational 
        coordination with entities performing threat response 
        activities; and
            ``(E) providing guidance on how best to use Federal 
        resources and capabilities in a timely, effective manner to 
        speed recovery from the incident.
        ``(2) Declaration.--The term `declaration' means a declaration 
    of the Secretary under section 2233(a)(1).
        ``(3) Director.--The term `Director' means the Director of the 
    Cybersecurity and Infrastructure Security Agency.
        ``(4) Federal agency.--The term `Federal agency' has the 
    meaning given the term `agency' in section 3502 of title 44, United 
    States Code.
        ``(5) Fund.--The term `Fund' means the Cyber Response and 
    Recovery Fund established under section 2234(a).
        ``(6) Incident.--The term `incident' has the meaning given the 
    term in section 3552 of title 44, United States Code.
        ``(7) Renewal.--The term `renewal' means a renewal of a 
    declaration under section 2233(d).
        ``(8) Significant incident.--The term `significant incident'--
            ``(A) means an incident or a group of related incidents 
        that results, or is likely to result, in demonstrable harm to--
                ``(i) the national security interests, foreign 
            relations, or economy of the United States; or
                ``(ii) the public confidence, civil liberties, or 
            public health and safety of the people of the United 
            States; and
            ``(B) does not include an incident or a portion of a group 
        of related incidents that occurs on--
                ``(i) a national security system (as defined in section 
            3552 of title 44, United States Code); or
                ``(ii) an information system described in paragraph (2) 
            or (3) of section 3553(e) of title 44, United States Code.
``SEC. 2233. DECLARATION.
    ``(a) In General.--
        ``(1) Declaration.--The Secretary, in consultation with the 
    National Cyber Director, may make a declaration of a significant 
    incident in accordance with this section for the purpose of 
    enabling the activities described in this subtitle if the Secretary 
    determines that--
            ``(A) a specific significant incident--
                ``(i) has occurred; or
                ``(ii) is likely to occur imminently; and
            ``(B) otherwise available resources, other than the Fund, 
        are likely insufficient to respond effectively to, or to 
        mitigate effectively, the specific significant incident 
        described in subparagraph (A).
        ``(2) Prohibition on delegation.--The Secretary may not 
    delegate the authority provided to the Secretary under paragraph 
    (1).
    ``(b) Asset Response Activities.--Upon a declaration, the Director 
shall coordinate--
        ``(1) the asset response activities of each Federal agency in 
    response to the specific significant incident associated with the 
    declaration; and
        ``(2) with appropriate entities, which may include--
            ``(A) public and private entities and State and local 
        governments with respect to the asset response activities of 
        those entities and governments; and
            ``(B) Federal, State, local, and Tribal law enforcement 
        agencies with respect to investigations and threat response 
        activities of those law enforcement agencies; and
        ``(3) Federal, State, local, and Tribal emergency management 
    and response agencies.
    ``(c) Duration.--Subject to subsection (d), a declaration shall 
terminate upon the earlier of--
        ``(1) a determination by the Secretary that the declaration is 
    no longer necessary; or
        ``(2) the expiration of the 120-day period beginning on the 
    date on which the Secretary makes the declaration.
    ``(d) Renewal.--The Secretary, without delegation, may renew a 
declaration as necessary.
    ``(e) Publication.--
        ``(1) In general.--Not later than 72 hours after a declaration 
    or a renewal, the Secretary shall publish the declaration or 
    renewal in the Federal Register.
        ``(2) Prohibition.--A declaration or renewal published under 
    paragraph (1) may not include the name of any affected individual 
    or private company.
    ``(f) Advance Actions.--
        ``(1) In general.--The Secretary--
            ``(A) shall assess the resources available to respond to a 
        potential declaration; and
            ``(B) may take actions before and while a declaration is in 
        effect to arrange or procure additional resources for asset 
        response activities or technical assistance the Secretary 
        determines necessary, which may include entering into standby 
        contracts with private entities for cybersecurity services or 
        incident responders in the event of a declaration.
        ``(2) Expenditure of funds.--Any expenditure from the Fund for 
    the purpose of paragraph (1)(B) shall be made from amounts 
    available in the Fund, and amounts available in the Fund shall be 
    in addition to any other appropriations available to the 
    Cybersecurity and Infrastructure Security Agency for such purpose.
``SEC. 2234. CYBER RESPONSE AND RECOVERY FUND.
    ``(a) In General.--There is established a Cyber Response and 
Recovery Fund, which shall be available for--
        ``(1) the coordination of activities described in section 
    2233(b);
        ``(2) response and recovery support for the specific 
    significant incident associated with a declaration to Federal, 
    State, local, and Tribal, entities and public and private entities 
    on a reimbursable or non-reimbursable basis, including through 
    asset response activities and technical assistance, such as--
            ``(A) vulnerability assessments and mitigation;
            ``(B) technical incident mitigation;
            ``(C) malware analysis;
            ``(D) analytic support;
            ``(E) threat detection and hunting; and
            ``(F) network protections;
        ``(3) as the Director determines appropriate, grants for, or 
    cooperative agreements with, Federal, State, local, and Tribal 
    public and private entities to respond to, and recover from, the 
    specific significant incident associated with a declaration, such 
    as--
            ``(A) hardware or software to replace, update, improve, 
        harden, or enhance the functionality of existing hardware, 
        software, or systems; and
            ``(B) technical contract personnel support; and
        ``(4) advance actions taken by the Secretary under section 
    2233(f)(1)(B).
    ``(b) Deposits and Expenditures.--
        ``(1) In general.--Amounts shall be deposited into the Fund 
    from--
            ``(A) appropriations to the Fund for activities of the 
        Fund; and
            ``(B) reimbursement from Federal agencies for the 
        activities described in paragraphs (1), (2), and (4) of 
        subsection (a), which shall only be from amounts made available 
        in advance in appropriations Acts for such reimbursement.
        ``(2) Expenditures.--Any expenditure from the Fund for the 
    purposes of this subtitle shall be made from amounts available in 
    the Fund from a deposit described in paragraph (1), and amounts 
    available in the Fund shall be in addition to any other 
    appropriations available to the Cybersecurity and Infrastructure 
    Security Agency for such purposes.
    ``(c) Supplement Not Supplant.--Amounts in the Fund shall be used 
to supplement, not supplant, other Federal, State, local, or Tribal 
funding for activities in response to a declaration.
    ``(d) Reporting.--The Secretary shall require an entity that 
receives amounts from the Fund to submit a report to the Secretary that 
details the specific use of the amounts.
``SEC. 2235. NOTIFICATION AND REPORTING.
    ``(a) Notification.--Upon a declaration or renewal, the Secretary 
shall immediately notify the National Cyber Director and appropriate 
congressional committees and include in the notification--
        ``(1) an estimation of the planned duration of the declaration;
        ``(2) with respect to a notification of a declaration, the 
    reason for the declaration, including information relating to the 
    specific significant incident or imminent specific significant 
    incident, including--
            ``(A) the operational or mission impact or anticipated 
        impact of the specific significant incident on Federal and non-
        Federal entities;
            ``(B) if known, the perpetrator of the specific significant 
        incident; and
            ``(C) the scope of the Federal and non-Federal entities 
        impacted or anticipated to be impacted by the specific 
        significant incident;
        ``(3) with respect to a notification of a renewal, the reason 
    for the renewal;
        ``(4) justification as to why available resources, other than 
    the Fund, are insufficient to respond to or mitigate the specific 
    significant incident; and
        ``(5) a description of the coordination activities described in 
    section 2233(b) that the Secretary anticipates the Director to 
    perform.
    ``(b) Report to Congress.--Not later than 180 days after the date 
of a declaration or renewal, the Secretary shall submit to the 
appropriate congressional committees a report that includes--
        ``(1) the reason for the declaration or renewal, including 
    information and intelligence relating to the specific significant 
    incident that led to the declaration or renewal;
        ``(2) the use of any funds from the Fund for the purpose of 
    responding to the incident or threat described in paragraph (1);
        ``(3) a description of the actions, initiatives, and projects 
    undertaken by the Department and State and local governments and 
    public and private entities in responding to and recovering from 
    the specific significant incident described in paragraph (1);
        ``(4) an accounting of the specific obligations and outlays of 
    the Fund; and
        ``(5) an analysis of--
            ``(A) the impact of the specific significant incident 
        described in paragraph (1) on Federal and non-Federal entities;
            ``(B) the impact of the declaration or renewal on the 
        response to, and recovery from, the specific significant 
        incident described in paragraph (1); and
            ``(C) the impact of the funds made available from the Fund 
        as a result of the declaration or renewal on the recovery from, 
        and response to, the specific significant incident described in 
        paragraph (1).
    ``(c) Classification.--Each notification made under subsection (a) 
and each report submitted under subsection (b)--
        ``(1) shall be in an unclassified form with appropriate 
    markings to indicate information that is exempt from disclosure 
    under section 552 of title 5, United States Code (commonly known as 
    the `Freedom of Information Act'); and
        ``(2) may include a classified annex.
    ``(d) Consolidated Report.--The Secretary shall not be required to 
submit multiple reports under subsection (b) for multiple declarations 
or renewals if the Secretary determines that the declarations or 
renewals substantively relate to the same specific significant 
incident.
    ``(e) Exemption.--The requirements of subchapter I of chapter 35 of 
title 44 (commonly known as the `Paperwork Reduction Act') shall not 
apply to the voluntary collection of information by the Department 
during an investigation of, a response to, or an immediate post-
response review of, the specific significant incident leading to a 
declaration or renewal.
``SEC. 2236. RULE OF CONSTRUCTION.
    ``Nothing in this subtitle shall be construed to impair or limit 
the ability of the Director to carry out the authorized activities of 
the Cybersecurity and Infrastructure Security Agency.
``SEC. 2237. AUTHORIZATION OF APPROPRIATIONS.
    ``There are authorized to be appropriated to the Fund $20,000,000 
for fiscal year 2022 and each fiscal year thereafter until September 
30, 2028, which shall remain available until September 30, 2028.
``SEC. 2238. SUNSET.
    ``The authorities granted to the Secretary or the Director under 
this subtitle shall expire on the date that is 7 years after the date 
of enactment of this subtitle.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) 
is amended by adding at the end the following:

           ``Subtitle C--Declaration of a Significant Incident

``Sec. 2231. Sense of congress.
``Sec. 2232. Definitions.
``Sec. 2233. Declaration.
``Sec. 2234. Cyber response and recovery fund.
``Sec. 2235. Notification and reporting.
``Sec. 2236. Rule of construction.
``Sec. 2237. Authorization of appropriations.
``Sec. 2238. Sunset.''.

       Subtitle B--State and Local Cybersecurity Improvement Act

SEC. 70611. SHORT TITLE.
    This subtitle may be cited as the ``State and Local Cybersecurity 
Improvement Act''.
SEC. 70612. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
    (a) In General.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the 
following:
``SEC. 2218. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
    ``(a) Definitions.--In this section:
        ``(1) Appropriate committees of congress.--The term 
    `appropriate committees of Congress' means--
            ``(A) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            ``(B) the Committee on Homeland Security of the House of 
        Representatives.
        ``(2) Cyber threat indicator.--The term `cyber threat 
    indicator' has the meaning given the term in section 102 of the 
    Cybersecurity Act of 2015 (6 U.S.C. 1501).
        ``(3) Cybersecurity plan.--The term `Cybersecurity Plan' means 
    a plan submitted by an eligible entity under subsection (e)(1).
        ``(4) Eligible entity.--The term `eligible entity' means a--
            ``(A) State; or
            ``(B) Tribal government.
        ``(5) Incident.--The term `incident' has the meaning given the 
    term in section 2209.
        ``(6) Information sharing and analysis organization.--The term 
    `information sharing and analysis organization' has the meaning 
    given the term in section 2222.
        ``(7) Information system.--The term `information system' has 
    the meaning given the term in section 102 of the Cybersecurity Act 
    of 2015 (6 U.S.C. 1501).
        ``(8) Multi-entity group.--The term `multi-entity group' means 
    a group of 2 or more eligible entities desiring a grant under this 
    section.
        ``(9) Online service.--The term `online service' means any 
    internet-facing service, including a website, email, virtual 
    private network, or custom application.
        ``(10) Rural area.--The term `rural area' has the meaning given 
    the term in section 5302 of title 49, United States Code.
        ``(11) State and local cybersecurity grant program.--The term 
    `State and Local Cybersecurity Grant Program' means the program 
    established under subsection (b).
        ``(12) Tribal government.--The term `Tribal government' means 
    the recognized governing body of any Indian or Alaska Native Tribe, 
    band, nation, pueblo, village, community, component band, or 
    component reservation, that is individually identified (including 
    parenthetically) in the most recent list published pursuant to 
    Section 104 of the Federally Recognized Indian Tribe List Act of 
    1994 (25 U.S.C. 5131).
    ``(b) Establishment.--
        ``(1) In general.--There is established within the Department a 
    program to award grants to eligible entities to address 
    cybersecurity risks and cybersecurity threats to information 
    systems owned or operated by, or on behalf of, State, local, or 
    Tribal governments.
        ``(2) Application.--An eligible entity desiring a grant under 
    the State and Local Cybersecurity Grant Program shall submit to the 
    Secretary an application at such time, in such manner, and 
    containing such information as the Secretary may require.
    ``(c) Administration.--The State and Local Cybersecurity Grant 
Program shall be administered in the same office of the Department that 
administers grants made under sections 2003 and 2004.
    ``(d) Use of Funds.--An eligible entity that receives a grant under 
this section and a local government that receives funds from a grant 
under this section, as appropriate, shall use the grant to--
        ``(1) implement the Cybersecurity Plan of the eligible entity;
        ``(2) develop or revise the Cybersecurity Plan of the eligible 
    entity;
        ``(3) pay expenses directly relating to the administration of 
    the grant, which shall not exceed 5 percent of the amount of the 
    grant;
        ``(4) assist with activities that address imminent 
    cybersecurity threats, as confirmed by the Secretary, acting 
    through the Director, to the information systems owned or operated 
    by, or on behalf of, the eligible entity or a local government 
    within the jurisdiction of the eligible entity; or
        ``(5) fund any other appropriate activity determined by the 
    Secretary, acting through the Director.
    ``(e) Cybersecurity Plans.--
        ``(1) In general.--An eligible entity applying for a grant 
    under this section shall submit to the Secretary a Cybersecurity 
    Plan for review in accordance with subsection (i).
        ``(2) Required elements.--A Cybersecurity Plan of an eligible 
    entity shall--
            ``(A) incorporate, to the extent practicable--
                ``(i) any existing plans of the eligible entity to 
            protect against cybersecurity risks and cybersecurity 
            threats to information systems owned or operated by, or on 
            behalf of, State, local, or Tribal governments; and
                ``(ii) if the eligible entity is a State, consultation 
            and feedback from local governments and associations of 
            local governments within the jurisdiction of the eligible 
            entity;
            ``(B) describe, to the extent practicable, how the eligible 
        entity will--
                ``(i) manage, monitor, and track information systems, 
            applications, and user accounts owned or operated by, or on 
            behalf of, the eligible entity or, if the eligible entity 
            is a State, local governments within the jurisdiction of 
            the eligible entity, and the information technology 
            deployed on those information systems, including legacy 
            information systems and information technology that are no 
            longer supported by the manufacturer of the systems or 
            technology;
                ``(ii) monitor, audit, and, track network traffic and 
            activity transiting or traveling to or from information 
            systems, applications, and user accounts owned or operated 
            by, or on behalf of, the eligible entity or, if the 
            eligible entity is a State, local governments within the 
            jurisdiction of the eligible entity;
                ``(iii) enhance the preparation, response, and 
            resiliency of information systems, applications, and user 
            accounts owned or operated by, or on behalf of, the 
            eligible entity or, if the eligible entity is a State, 
            local governments within the jurisdiction of the eligible 
            entity, against cybersecurity risks and cybersecurity 
            threats;
                ``(iv) implement a process of continuous cybersecurity 
            vulnerability assessments and threat mitigation practices 
            prioritized by degree of risk to address cybersecurity 
            risks and cybersecurity threats on information systems, 
            applications, and user accounts owned or operated by, or on 
            behalf of, the eligible entity or, if the eligible entity 
            is a State, local governments within the jurisdiction of 
            the eligible entity;
                ``(v) ensure that the eligible entity and, if the 
            eligible entity is a State, local governments within the 
            jurisdiction of the eligible entity, adopt and use best 
            practices and methodologies to enhance cybersecurity, such 
            as--

                    ``(I) the practices set forth in the cybersecurity 
                framework developed by the National Institute of 
                Standards and Technology;
                    ``(II) cyber chain supply chain risk management 
                best practices identified by the National Institute of 
                Standards and Technology; and
                    ``(III) knowledge bases of adversary tools and 
                tactics;

                ``(vi) promote the delivery of safe, recognizable, and 
            trustworthy online services by the eligible entity and, if 
            the eligible entity is a State, local governments within 
            the jurisdiction of the eligible entity, including through 
            the use of the .gov internet domain;
                ``(vii) ensure continuity of operations of the eligible 
            entity and, if the eligible entity is a State, local 
            governments within the jurisdiction of the eligible entity, 
            in the event of a cybersecurity incident, including by 
            conducting exercises to practice responding to a 
            cybersecurity incident;
                ``(viii) use the National Initiative for Cybersecurity 
            Education Workforce Framework for Cybersecurity developed 
            by the National Institute of Standards and Technology to 
            identify and mitigate any gaps in the cybersecurity 
            workforces of the eligible entity and, if the eligible 
            entity is a State, local governments within the 
            jurisdiction of the eligible entity, enhance recruitment 
            and retention efforts for those workforces, and bolster the 
            knowledge, skills, and abilities of personnel of the 
            eligible entity and, if the eligible entity is a State, 
            local governments within the jurisdiction of the eligible 
            entity, to address cybersecurity risks and cybersecurity 
            threats, such as through cybersecurity hygiene training;
                ``(ix) if the eligible entity is a State, ensure 
            continuity of communications and data networks within the 
            jurisdiction of the eligible entity between the eligible 
            entity and local governments within the jurisdiction of the 
            eligible entity in the event of an incident involving those 
            communications or data networks;
                ``(x) assess and mitigate, to the greatest degree 
            possible, cybersecurity risks and cybersecurity threats 
            relating to critical infrastructure and key resources, the 
            degradation of which may impact the performance of 
            information systems within the jurisdiction of the eligible 
            entity;
                ``(xi) enhance capabilities to share cyber threat 
            indicators and related information between the eligible 
            entity and--

                    ``(I) if the eligible entity is a State, local 
                governments within the jurisdiction of the eligible 
                entity, including by expanding information sharing 
                agreements with the Department; and
                    ``(II) the Department;

                ``(xii) leverage cybersecurity services offered by the 
            Department;
                ``(xiii) implement an information technology and 
            operational technology modernization cybersecurity review 
            process that ensures alignment between information 
            technology and operational technology cybersecurity 
            objectives;
                ``(xiv) develop and coordinate strategies to address 
            cybersecurity risks and cybersecurity threats in 
            consultation with--

                    ``(I) if the eligible entity is a State, local 
                governments and associations of local governments 
                within the jurisdiction of the eligible entity; and
                    ``(II) as applicable--

                        ``(aa) eligible entities that neighbor the 
                    jurisdiction of the eligible entity or, as 
                    appropriate, members of an information sharing and 
                    analysis organization; and
                        ``(bb) countries that neighbor the jurisdiction 
                    of the eligible entity;
                ``(xv) ensure adequate access to, and participation in, 
            the services and programs described in this subparagraph by 
            rural areas within the jurisdiction of the eligible entity; 
            and
                ``(xvi) distribute funds, items, services, 
            capabilities, or activities to local governments under 
            subsection (n)(2)(A), including the fraction of that 
            distribution the eligible entity plans to distribute to 
            rural areas under subsection (n)(2)(B);
            ``(C) assess the capabilities of the eligible entity 
        relating to the actions described in subparagraph (B);
            ``(D) describe, as appropriate and to the extent 
        practicable, the individual responsibilities of the eligible 
        entity and local governments within the jurisdiction of the 
        eligible entity in implementing the plan;
            ``(E) outline, to the extent practicable, the necessary 
        resources and a timeline for implementing the plan; and
            ``(F) describe the metrics the eligible entity will use to 
        measure progress towards--
                ``(i) implementing the plan; and
                ``(ii) reducing cybersecurity risks to, and 
            identifying, responding to, and recovering from 
            cybersecurity threats to, information systems owned or 
            operated by, or on behalf of, the eligible entity or, if 
            the eligible entity is a State, local governments within 
            the jurisdiction of the eligible entity.
        ``(3) Discretionary elements.--In drafting a Cybersecurity 
    Plan, an eligible entity may--
            ``(A) consult with the Multi-State Information Sharing and 
        Analysis Center;
            ``(B) include a description of cooperative programs 
        developed by groups of local governments within the 
        jurisdiction of the eligible entity to address cybersecurity 
        risks and cybersecurity threats; and
            ``(C) include a description of programs provided by the 
        eligible entity to support local governments and owners and 
        operators of critical infrastructure to address cybersecurity 
        risks and cybersecurity threats.
    ``(f) Multi-entity Grants.--
        ``(1) In general.--The Secretary may award grants under this 
    section to a multi-entity group to support multi-entity efforts to 
    address cybersecurity risks and cybersecurity threats to 
    information systems within the jurisdictions of the eligible 
    entities that comprise the multi-entity group.
        ``(2) Satisfaction of other requirements.--In order to be 
    eligible for a multi-entity grant under this subsection, each 
    eligible entity that comprises a multi-entity group shall have--
            ``(A) a Cybersecurity Plan that has been reviewed by the 
        Secretary in accordance with subsection (i); and
            ``(B) a cybersecurity planning committee established in 
        accordance with subsection (g).
        ``(3) Application.--
            ``(A) In general.--A multi-entity group applying for a 
        multi-entity grant under paragraph (1) shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(B) Multi-entity project plan.--An application for a 
        grant under this section of a multi-entity group under 
        subparagraph (A) shall include a plan describing--
                ``(i) the division of responsibilities among the 
            eligible entities that comprise the multi-entity group;
                ``(ii) the distribution of funding from the grant among 
            the eligible entities that comprise the multi-entity group; 
            and
                ``(iii) how the eligible entities that comprise the 
            multi-entity group will work together to implement the 
            Cybersecurity Plan of each of those eligible entities.
    ``(g) Planning Committees.--
        ``(1) In general.--An eligible entity that receives a grant 
    under this section shall establish a cybersecurity planning 
    committee to--
            ``(A) assist with the development, implementation, and 
        revision of the Cybersecurity Plan of the eligible entity;
            ``(B) approve the Cybersecurity Plan of the eligible 
        entity; and
            ``(C) assist with the determination of effective funding 
        priorities for a grant under this section in accordance with 
        subsections (d) and (j).
        ``(2) Composition.--A committee of an eligible entity 
    established under paragraph (1) shall--
            ``(A) be comprised of representatives from--
                ``(i) the eligible entity;
                ``(ii) if the eligible entity is a State, counties, 
            cities, and towns within the jurisdiction of the eligible 
            entity; and
                ``(iii) institutions of public education and health 
            within the jurisdiction of the eligible entity; and
            ``(B) include, as appropriate, representatives of rural, 
        suburban, and high-population jurisdictions.
        ``(3) Cybersecurity expertise.--Not less than one-half of the 
    representatives of a committee established under paragraph (1) 
    shall have professional experience relating to cybersecurity or 
    information technology.
        ``(4) Rule of construction regarding existing planning 
    committees.--Nothing in this subsection shall be construed to 
    require an eligible entity to establish a cybersecurity planning 
    committee if the eligible entity has established and uses a 
    multijurisdictional planning committee or commission that--
            ``(A) meets the requirements of this subsection; or
            ``(B) may be expanded or leveraged to meet the requirements 
        of this subsection, including through the formation of a 
        cybersecurity planning subcommittee.
        ``(5) Rule of construction regarding control of information 
    systems of eligible entities.--Nothing in this subsection shall be 
    construed to permit a cybersecurity planning committee of an 
    eligible entity that meets the requirements of this subsection to 
    make decisions relating to information systems owned or operated 
    by, or on behalf of, the eligible entity.
    ``(h) Special Rule for Tribal Governments.--With respect to any 
requirement under subsection (e) or (g), the Secretary, in consultation 
with the Secretary of the Interior and Tribal governments, may 
prescribe an alternative substantively similar requirement for Tribal 
governments if the Secretary finds that the alternative requirement is 
necessary for the effective delivery and administration of grants to 
Tribal governments under this section.
    ``(i) Review of Plans.--
        ``(1) Review as condition of grant.--
            ``(A) In general.--Subject to paragraph (3), before an 
        eligible entity may receive a grant under this section, the 
        Secretary, acting through the Director, shall--
                ``(i) review the Cybersecurity Plan of the eligible 
            entity, including any revised Cybersecurity Plans of the 
            eligible entity; and
                ``(ii) determine that the Cybersecurity Plan reviewed 
            under clause (i) satisfies the requirements under paragraph 
            (2).
            ``(B) Duration of determination.--In the case of a 
        determination under subparagraph (A)(ii) that a Cybersecurity 
        Plan satisfies the requirements under paragraph (2), the 
        determination shall be effective for the 2-year period 
        beginning on the date of the determination.
            ``(C) Annual renewal.--Not later than 2 years after the 
        date on which the Secretary determines under subparagraph 
        (A)(ii) that a Cybersecurity Plan satisfies the requirements 
        under paragraph (2), and annually thereafter, the Secretary, 
        acting through the Director, shall--
                ``(i) determine whether the Cybersecurity Plan and any 
            revisions continue to meet the criteria described in 
            paragraph (2); and
                ``(ii) renew the determination if the Secretary, acting 
            through the Director, makes a positive determination under 
            clause (i).
        ``(2) Plan requirements.--In reviewing a Cybersecurity Plan of 
    an eligible entity under this subsection, the Secretary, acting 
    through the Director, shall ensure that the Cybersecurity Plan--
            ``(A) satisfies the requirements of subsection (e)(2); and
            ``(B) has been approved by--
                ``(i) the cybersecurity planning committee of the 
            eligible entity established under subsection (g); and
                ``(ii) the Chief Information Officer, the Chief 
            Information Security Officer, or an equivalent official of 
            the eligible entity.
        ``(3) Exception.--Notwithstanding subsection (e) and paragraph 
    (1) of this subsection, the Secretary may award a grant under this 
    section to an eligible entity that does not submit a Cybersecurity 
    Plan to the Secretary for review before September 30, 2023, if the 
    eligible entity certifies to the Secretary that--
            ``(A) the activities that will be supported by the grant 
        are--
                ``(i) integral to the development of the Cybersecurity 
            Plan of the eligible entity; or
                ``(ii) necessary to assist with activities described in 
            subsection (d)(4), as confirmed by the Director; and
            ``(B) the eligible entity will submit to the Secretary a 
        Cybersecurity Plan for review under this subsection by 
        September 30, 2023.
        ``(4) Rule of construction.--Nothing in this subsection shall 
    be construed to provide authority to the Secretary to--
            ``(A) regulate the manner by which an eligible entity or 
        local government improves the cybersecurity of the information 
        systems owned or operated by, or on behalf of, the eligible 
        entity or local government; or
            ``(B) condition the receipt of grants under this section 
        on--
                ``(i) participation in a particular Federal program; or
                ``(ii) the use of a specific product or technology.
    ``(j) Limitations on Uses of Funds.--
        ``(1) In general.--Any entity that receives funds from a grant 
    under this section may not use the grant--
            ``(A) to supplant State or local funds;
            ``(B) for any recipient cost-sharing contribution;
            ``(C) to pay a ransom;
            ``(D) for recreational or social purposes; or
            ``(E) for any purpose that does not address cybersecurity 
        risks or cybersecurity threats on information systems owned or 
        operated by, or on behalf of, the eligible entity that receives 
        the grant or a local government within the jurisdiction of the 
        eligible entity.
        ``(2) Compliance oversight.--In addition to any other remedy 
    available, the Secretary may take such actions as are necessary to 
    ensure that a recipient of a grant under this section uses the 
    grant for the purposes for which the grant is awarded.
        ``(3) Rule of construction.--Nothing in paragraph (1)(A) shall 
    be construed to prohibit the use of funds from a grant under this 
    section awarded to a State, local, or Tribal government for 
    otherwise permissible uses under this section on the basis that the 
    State, local, or Tribal government has previously used State, 
    local, or Tribal funds to support the same or similar uses.
    ``(k) Opportunity to Amend Applications.--In considering 
applications for grants under this section, the Secretary shall provide 
applicants with a reasonable opportunity to correct any defects in 
those applications before making final awards, including by allowing 
applicants to revise a submitted Cybersecurity Plan.
    ``(l) Apportionment.--For fiscal year 2022 and each fiscal year 
thereafter, the Secretary shall apportion amounts appropriated to carry 
out this section among eligible entities as follows:
        ``(1) Baseline amount.--The Secretary shall first apportion--
            ``(A) 0.25 percent of such amounts to each of American 
        Samoa, the Commonwealth of the Northern Mariana Islands, Guam, 
        and the United States Virgin Islands;
            ``(B) 1 percent of such amounts to each of the remaining 
        States; and
            ``(C) 3 percent of such amounts to Tribal governments.
        ``(2) Remainder.--The Secretary shall apportion the remainder 
    of such amounts to States as follows:
            ``(A) 50 percent of such remainder in the ratio that the 
        population of each State, bears to the population of all 
        States; and
            ``(B) 50 percent of such remainder in the ratio that the 
        population of each State that resides in rural areas, bears to 
        the population of all States that resides in rural areas.
        ``(3) Apportionment among tribal governments.--In determining 
    how to apportion amounts to Tribal governments under paragraph 
    (1)(C), the Secretary shall consult with the Secretary of the 
    Interior and Tribal governments.
        ``(4) Multi-entity grants.--An amount received from a multi-
    entity grant awarded under subsection (f)(1) by a State or Tribal 
    government that is a member of the multi-entity group shall qualify 
    as an apportionment for the purpose of this subsection.
    ``(m) Federal Share.--
        ``(1) In general.--The Federal share of the cost of an activity 
    carried out using funds made available with a grant under this 
    section may not exceed--
            ``(A) in the case of a grant to an eligible entity--
                ``(i) for fiscal year 2022, 90 percent;
                ``(ii) for fiscal year 2023, 80 percent;
                ``(iii) for fiscal year 2024, 70 percent; and
                ``(iv) for fiscal year 2025, 60 percent; and
            ``(B) in the case of a grant to a multi-entity group--
                ``(i) for fiscal year 2022, 100 percent;
                ``(ii) for fiscal year 2023, 90 percent;
                ``(iii) for fiscal year 2024, 80 percent; and
                ``(iv) for fiscal year 2025, 70 percent.
        ``(2) Waiver.--
            ``(A) In general.--The Secretary may waive or modify the 
        requirements of paragraph (1) if an eligible entity or multi-
        entity group demonstrates economic hardship.
            ``(B) Guidelines.--The Secretary shall establish and 
        publish guidelines for determining what constitutes economic 
        hardship for the purposes of this subsection.
            ``(C) Considerations.--In developing guidelines under 
        subparagraph (B), the Secretary shall consider, with respect to 
        the jurisdiction of an eligible entity--
                ``(i) changes in rates of unemployment in the 
            jurisdiction from previous years;
                ``(ii) changes in the percentage of individuals who are 
            eligible to receive benefits under the supplemental 
            nutrition assistance program established under the Food and 
            Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) from previous 
            years; and
                ``(iii) any other factors the Secretary considers 
            appropriate.
        ``(3) Waiver for tribal governments.--Notwithstanding paragraph 
    (2), the Secretary, in consultation with the Secretary of the 
    Interior and Tribal governments, may waive or modify the 
    requirements of paragraph (1) for 1 or more Tribal governments if 
    the Secretary determines that the waiver is in the public interest.
    ``(n) Responsibilities of Grantees.--
        ``(1) Certification.--Each eligible entity or multi-entity 
    group that receives a grant under this section shall certify to the 
    Secretary that the grant will be used--
            ``(A) for the purpose for which the grant is awarded; and
            ``(B) in compliance with subsections (d) and (j).
        ``(2) Availability of funds to local governments and rural 
    areas.--
            ``(A) In general.--Subject to subparagraph (C), not later 
        than 45 days after the date on which an eligible entity or 
        multi-entity group receives a grant under this section, the 
        eligible entity or multi-entity group shall, without imposing 
        unreasonable or unduly burdensome requirements as a condition 
        of receipt, obligate or otherwise make available to local 
        governments within the jurisdiction of the eligible entity or 
        the eligible entities that comprise the multi-entity group, 
        consistent with the Cybersecurity Plan of the eligible entity 
        or the Cybersecurity Plans of the eligible entities that 
        comprise the multi-entity group--
                ``(i) not less than 80 percent of funds available under 
            the grant;
                ``(ii) with the consent of the local governments, 
            items, services, capabilities, or activities having a value 
            of not less than 80 percent of the amount of the grant; or
                ``(iii) with the consent of the local governments, 
            grant funds combined with other items, services, 
            capabilities, or activities having the total value of not 
            less than 80 percent of the amount of the grant.
            ``(B) Availability to rural areas.--In obligating funds, 
        items, services, capabilities, or activities to local 
        governments under subparagraph (A), the eligible entity or 
        eligible entities that comprise the multi-entity group shall 
        ensure that rural areas within the jurisdiction of the eligible 
        entity or the eligible entities that comprise the multi-entity 
        group receive not less than--
                ``(i) 25 percent of the amount of the grant awarded to 
            the eligible entity;
                ``(ii) items, services, capabilities, or activities 
            having a value of not less than 25 percent of the amount of 
            the grant awarded to the eligible entity; or
                ``(iii) grant funds combined with other items, 
            services, capabilities, or activities having the total 
            value of not less than 25 percent of the grant awarded to 
            the eligible entity.
            ``(C) Exceptions.--This paragraph shall not apply to--
                ``(i) any grant awarded under this section that solely 
            supports activities that are integral to the development or 
            revision of the Cybersecurity Plan of the eligible entity; 
            or
                ``(ii) the District of Columbia, the Commonwealth of 
            Puerto Rico, American Samoa, the Commonwealth of the 
            Northern Mariana Islands, Guam, the United States Virgin 
            Islands, or a Tribal government.
        ``(3) Certifications regarding distribution of grant funds to 
    local governments.--An eligible entity or multi-entity group shall 
    certify to the Secretary that the eligible entity or multi-entity 
    group has made the distribution to local governments required under 
    paragraph (2).
        ``(4) Extension of period.--
            ``(A) In general.--An eligible entity or multi-entity group 
        may request in writing that the Secretary extend the period of 
        time specified in paragraph (2) for an additional period of 
        time.
            ``(B) Approval.--The Secretary may approve a request for an 
        extension under subparagraph (A) if the Secretary determines 
        the extension is necessary to ensure that the obligation and 
        expenditure of grant funds align with the purpose of the State 
        and Local Cybersecurity Grant Program.
        ``(5) Direct funding.--If an eligible entity does not make a 
    distribution to a local government required under paragraph (2) in 
    a timely fashion, the local government may petition the Secretary 
    to request the Secretary to provide funds directly to the local 
    government.
        ``(6) Limitation on construction.--A grant awarded under this 
    section may not be used to acquire land or to construct, remodel, 
    or perform alterations of buildings or other physical facilities.
        ``(7) Consultation in allocating funds.--An eligible entity 
    applying for a grant under this section shall agree to consult the 
    Chief Information Officer, the Chief Information Security Officer, 
    or an equivalent official of the eligible entity in allocating 
    funds from a grant awarded under this section.
        ``(8) Penalties.--In addition to other remedies available to 
    the Secretary, if an eligible entity violates a requirement of this 
    subsection, the Secretary may--
            ``(A) terminate or reduce the amount of a grant awarded 
        under this section to the eligible entity; or
            ``(B) distribute grant funds previously awarded to the 
        eligible entity--
                ``(i) in the case of an eligible entity that is a 
            State, directly to the appropriate local government as a 
            replacement grant in an amount determined by the Secretary; 
            or
                ``(ii) in the case of an eligible entity that is a 
            Tribal government, to another Tribal government or Tribal 
            governments as a replacement grant in an amount determined 
            by the Secretary.
    ``(o) Consultation With State, Local, and Tribal Representatives.--
In carrying out this section, the Secretary shall consult with State, 
local, and Tribal representatives with professional experience relating 
to cybersecurity, including representatives of associations 
representing State, local, and Tribal governments, to inform--
        ``(1) guidance for applicants for grants under this section, 
    including guidance for Cybersecurity Plans;
        ``(2) the study of risk-based formulas required under 
    subsection (q)(4);
        ``(3) the development of guidelines required under subsection 
    (m)(2)(B); and
        ``(4) any modifications described in subsection (q)(2)(D).
    ``(p) Notification to Congress.--Not later than 3 business days 
before the date on which the Department announces the award of a grant 
to an eligible entity under this section, including an announcement to 
the eligible entity, the Secretary shall provide to the appropriate 
committees of Congress notice of the announcement.
    ``(q) Reports, Study, and Review.--
        ``(1) Annual reports by grant recipients.--
            ``(A) In general.--Not later than 1 year after the date on 
        which an eligible entity receives a grant under this section 
        for the purpose of implementing the Cybersecurity Plan of the 
        eligible entity, including an eligible entity that comprises a 
        multi-entity group that receives a grant for that purpose, and 
        annually thereafter until 1 year after the date on which funds 
        from the grant are expended or returned, the eligible entity 
        shall submit to the Secretary a report that, using the metrics 
        described in the Cybersecurity Plan of the eligible entity, 
        describes the progress of the eligible entity in--
                ``(i) implementing the Cybersecurity Plan of the 
            eligible entity; and
                ``(ii) reducing cybersecurity risks to, and 
            identifying, responding to, and recovering from 
            cybersecurity threats to, information systems owned or 
            operated by, or on behalf of, the eligible entity or, if 
            the eligible entity is a State, local governments within 
            the jurisdiction of the eligible entity.
            ``(B) Absence of plan.--Not later than 1 year after the 
        date on which an eligible entity that does not have a 
        Cybersecurity Plan receives funds under this section, and 
        annually thereafter until 1 year after the date on which funds 
        from the grant are expended or returned, the eligible entity 
        shall submit to the Secretary a report describing how the 
        eligible entity obligated and expended grant funds to--
                ``(i) develop or revise a Cybersecurity Plan; or
                ``(ii) assist with the activities described in 
            subsection (d)(4).
        ``(2) Annual reports to congress.--Not less frequently than 
    annually, the Secretary, acting through the Director, shall submit 
    to Congress a report on--
            ``(A) the use of grants awarded under this section;
            ``(B) the proportion of grants used to support 
        cybersecurity in rural areas;
            ``(C) the effectiveness of the State and Local 
        Cybersecurity Grant Program;
            ``(D) any necessary modifications to the State and Local 
        Cybersecurity Grant Program; and
            ``(E) any progress made toward--
                ``(i) developing, implementing, or revising 
            Cybersecurity Plans; and
                ``(ii) reducing cybersecurity risks to, and 
            identifying, responding to, and recovering from 
            cybersecurity threats to, information systems owned or 
            operated by, or on behalf of, State, local, or Tribal 
            governments as a result of the award of grants under this 
            section.
        ``(3) Public availability.--
            ``(A) In general.--The Secretary, acting through the 
        Director, shall make each report submitted under paragraph (2) 
        publicly available, including by making each report available 
        on the website of the Agency.
            ``(B) Redactions.--In making each report publicly available 
        under subparagraph (A), the Director may make redactions that 
        the Director, in consultation with each eligible entity, 
        determines necessary to protect classified or other information 
        exempt from disclosure under section 552 of title 5, United 
        States Code (commonly referred to as the `Freedom of 
        Information Act').
        ``(4) Study of risk-based formulas.--
            ``(A) In general.--Not later than September 30, 2024, the 
        Secretary, acting through the Director, shall submit to the 
        appropriate committees of Congress a study and legislative 
        recommendations on the potential use of a risk-based formula 
        for apportioning funds under this section, including--
                ``(i) potential components that could be included in a 
            risk-based formula, including the potential impact of those 
            components on support for rural areas under this section;
                ``(ii) potential sources of data and information 
            necessary for the implementation of a risk-based formula;
                ``(iii) any obstacles to implementing a risk-based 
            formula, including obstacles that require a legislative 
            solution;
                ``(iv) if a risk-based formula were to be implemented 
            for fiscal year 2026, a recommended risk-based formula for 
            the State and Local Cybersecurity Grant Program; and
                ``(v) any other information that the Secretary, acting 
            through the Director, determines necessary to help Congress 
            understand the progress towards, and obstacles to, 
            implementing a risk-based formula.
            ``(B) Inapplicability of paperwork reduction act.--The 
        requirements of chapter 35 of title 44, United States Code 
        (commonly referred to as the `Paperwork Reduction Act'), shall 
        not apply to any action taken to carry out this paragraph.
        ``(5) Tribal cybersecurity needs report.--Not later than 2 
    years after the date of enactment of this section, the Secretary, 
    acting through the Director, shall submit to Congress a report 
    that--
            ``(A) describes the cybersecurity needs of Tribal 
        governments, which shall be determined in consultation with the 
        Secretary of the Interior and Tribal governments; and
            ``(B) includes any recommendations for addressing the 
        cybersecurity needs of Tribal governments, including any 
        necessary modifications to the State and Local Cybersecurity 
        Grant Program to better serve Tribal governments.
        ``(6) GAO review.--Not later than 3 years after the date of 
    enactment of this section, the Comptroller General of the United 
    States shall conduct a review of the State and Local Cybersecurity 
    Grant Program, including--
            ``(A) the grant selection process of the Secretary; and
            ``(B) a sample of grants awarded under this section.
    ``(r) Authorization of Appropriations.--
        ``(1) In general.--There are authorized to be appropriated for 
    activities under this section--
            ``(A) for fiscal year 2022, $200,000,000;
            ``(B) for fiscal year 2023, $400,000,000;
            ``(C) for fiscal year 2024, $300,000,000; and
            ``(D) for fiscal year 2025, $100,000,000.
        ``(2) Transfers authorized.--
            ``(A) In general.--During a fiscal year, the Secretary or 
        the head of any component of the Department that administers 
        the State and Local Cybersecurity Grant Program may transfer 
        not more than 5 percent of the amounts appropriated pursuant to 
        paragraph (1) or other amounts appropriated to carry out the 
        State and Local Cybersecurity Grant Program for that fiscal 
        year to an account of the Department for salaries, expenses, 
        and other administrative costs incurred for the management, 
        administration, or evaluation of this section.
            ``(B) Additional appropriations.--Any funds transferred 
        under subparagraph (A) shall be in addition to any funds 
        appropriated to the Department or the components described in 
        subparagraph (A) for salaries, expenses, and other 
        administrative costs.
    ``(s) Termination.--
        ``(1) In general.--Subject to paragraph (2), the requirements 
    of this section shall terminate on September 30, 2025.
        ``(2) Exception.--The reporting requirements under subsection 
    (q) shall terminate on the date that is 1 year after the date on 
    which the final funds from a grant under this section are expended 
    or returned.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), 
is amended by inserting after the item relating to section 2217 the 
following:
``Sec. 2218. State and Local Cybersecurity Grant Program.''.

                 TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS

SEC. 70701. VALUE FOR MONEY ANALYSIS.
    (a) In General.--Notwithstanding any other provision of law, in the 
case of a project described in subsection (b), the entity carrying out 
the project shall, during the planning and project development process 
and prior to signing any Project Development Agreement, conduct a value 
for money analysis or comparable analysis of the project, which shall 
include an evaluation of--
        (1) the life-cycle cost and project delivery schedule;
        (2) the costs of using public funding versus private financing 
    for the project;
        (3) a description of the key assumptions made in developing the 
    analysis, including--
            (A) an analysis of any Federal grants or loans and 
        subsidies received or expected (including tax depreciation 
        costs);
            (B) the key terms of the proposed public-private 
        partnership agreement, if applicable (including the expected 
        rate of return for private debt and equity), and major 
        compensation events;
            (C) a discussion of the benefits and costs associated with 
        the allocation of risk;
            (D) the determination of risk premiums assigned to various 
        project delivery scenarios;
            (E) assumptions about use, demand, and any user fee revenue 
        generated by the project; and
            (F) any externality benefits for the public generated by 
        the project;
        (4) a forecast of user fees and other revenues expected to be 
    generated by the project, if applicable; and
        (5) any other information the Secretary of Transportation 
    determines to be appropriate.
    (b) Project Described.--A project referred to in subsection (a) is 
a transportation project--
        (1) with an estimated total cost of more than $750,000,000;
        (2) carried out--
            (A) by a public entity that is a State, territory, Indian 
        Tribe, unit of local government, transit agency, port 
        authority, metropolitan planning organization, airport 
        authority, or other political subdivision of a State or local 
        government; and
            (B) in a State in which there is in effect a State law 
        authorizing the use and implementation of public-private 
        partnerships for transportation projects; and
        (3)(A) that intends to submit a letter of interest, or has 
    submitted a letter of interest after the date of enactment of this 
    Act, to be carried out with--
            (i) assistance under the TIFIA program under chapter 6 of 
        title 23, United States Code; or
            (ii) assistance under the Railroad Rehabilitation and 
        Improvement Financing Program of the Federal Railroad 
        Administration established under chapter 224 of title 49, 
        United States Code; and
        (B) that is anticipated to generate user fees or other revenues 
    that could support the capital and operating costs of such project.
    (c) Reporting Requirements.--
        (1) Project reports.--For each project described in subsection 
    (b), the entity carrying out the project shall--
            (A) include the results of the analysis under subsection 
        (a) on the website of the project; and
            (B) submit the results of the analysis to the Build America 
        Bureau and the Secretary of Transportation.
        (2) Report to congress.--The Secretary of Transportation, in 
    coordination with the Build America Bureau, shall, not later than 2 
    years after the date of enactment of this Act--
            (A) compile the analyses submitted under paragraph (1)(B); 
        and
            (B) submit to Congress a report that--
                (i) includes the analyses submitted under paragraph 
            (1)(B);
                (ii) describes--

                    (I) the use of private financing for projects 
                described in subsection (b); and
                    (II) the costs and benefits of conducting a value 
                for money analysis; and

                (iii) identifies best practices for private financing 
            of projects described in subsection (b).
    (d) Guidance.--The Secretary of Transportation, in coordination 
with the Build America Bureau, shall issue guidance on performance 
benchmarks, risk premiums, and expected rates of return on private 
financing for projects described in subsection (b).

               TITLE VIII--FEDERAL PERMITTING IMPROVEMENT

SEC. 70801. FEDERAL PERMITTING IMPROVEMENT.
    (a) Definitions.--Section 41001 of the FAST Act (42 U.S.C. 4370m) 
is amended--
        (1) in paragraph (3), by inserting ``and any interagency 
    consultation'' after ``issued by an agency'';
        (2) in paragraph (4), by striking ``means'' and all that 
    follows through the period at the end of subparagraph (B) and 
    inserting ``has the meaning given the term in section 1508.1 of 
    title 40, Code of Federal Regulations (or successor 
    regulations).'';
        (3) in paragraph (5), by striking ``Federal Infrastructure 
    Permitting Improvement Steering Council'' and inserting ``Federal 
    Permitting Improvement Steering Council'';
        (4) in paragraph (6)(A)--
            (A) in clause (ii), by striking ``or'' at the end;
            (B) by redesignating clause (iii) as clause (iv); and
            (C) by inserting after clause (ii) the following:
                ``(iii) is--

                    ``(I) subject to NEPA;
                    ``(II) sponsored by an Indian Tribe (as defined in 
                section 4 of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 5304)), an Alaska 
                Native Corporation, a Native Hawaiian organization (as 
                defined in section 6207 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7517)), the Department 
                of Hawaiian Home Lands, or the Office of Hawaiian 
                Affairs; and
                    ``(III) located on land owned or under the 
                jurisdiction of the entity that sponsors the activity 
                under subclause (II); or''; and

        (5) in paragraph (8), by striking ``means'' and all that 
    follows through the period at the end and inserting ``has the 
    meaning given the term in section 1508.1 of title 40, Code of 
    Federal Regulations (or successor regulations).''.
    (b) Federal Permitting Improvement Steering Council.--Section 41002 
of the FAST Act (42 U.S.C. 4370m-1) is amended--
        (1) in the section heading, by striking ``federal permitting 
    improvement council'' and inserting ``federal permitting 
    improvement steering council'';
        (2) in subsection (b)(2)(A)--
            (A) in clause (i)--
                (i) by striking ``Each'' and inserting the following:

                    ``(I) In general.--Each''; and

                (ii) by adding at the end the following:

                    ``(II) Redesignation.--If an individual listed in 
                subparagraph (B) designates a different member to serve 
                on the Council than the member designated under 
                subclause (I), the individual shall notify the 
                Executive Director of the designation by not later than 
                30 days after the date on which the designation is 
                made.''; and

            (B) in clause (iii)(II), by striking ``a deputy secretary 
        (or the equivalent) or higher'' and inserting ``the applicable 
        agency councilmember'';
        (3) in subsection (c)--
            (A) in paragraph (1)(C)(ii)--
                (i) by striking subclause (I) and inserting the 
            following:

                    ``(I) In general.--The performance schedules shall 
                reflect employment of the most sound and efficient 
                applicable processes, including the alignment of 
                Federal reviews of projects, reduction of permitting 
                and project delivery time, and consideration of the 
                best practices for public participation.'';

                (ii) by redesignating subclause (II) as subclause 
            (III);
                (iii) by inserting after subclause (I) the following:

                    ``(II) Goal.--

                        ``(aa) In general.--To the maximum extent 
                    practicable, and consistent with applicable Federal 
                    law, the Executive Director, in consultation with 
                    the Council, shall aim to develop recommended 
                    performance schedules under clause (i) of not more 
                    than 2 years.
                        ``(bb) Exception.--If a recommended performance 
                    schedule developed under clause (i) exceeds 2 
                    years, the relevant agencies, in consultation with 
                    the Executive Director and the Council, shall 
                    explain in that recommended performance schedule 
                    the factors that cause the environmental reviews 
                    and authorizations in that category of covered 
                    projects to take longer than 2 years.''; and
                (iv) in subclause (III)(bb) (as so redesignated), by 
            striking ``on the basis of data from the preceding 2 
            calendar years'' and inserting ``based on relevant 
            historical data, as determined by the Executive 
            Director,'';
            (B) in paragraph (2)(B)--
                (i) in the matter preceding clause (i), by striking 
            ``later than'' and all that follows through ``practices 
            for'' and inserting ``less frequently than annually, the 
            Council shall issue recommendations on the best practices 
            for improving the Federal permitting process for covered 
            projects, which may include'';
                (ii) in clause (i)--

                    (I) by striking ``stakeholder engagement, including 
                fully considering'' and inserting ``stakeholder 
                engagement, including--
                    ``(II) fully considering''; and
                    (II) by inserting before subclause (II) (as added 
                by subclause (I)) the following:
                    ``(I) engaging with Native American stakeholders to 
                ensure that project sponsors and agencies identify 
                potential natural, archeological, and cultural 
                resources and locations of historic and religious 
                significance in the area of a covered project; and'';

                (iii) in clause (vii), by striking ``and'' at the end;
                (iv) by redesignating clause (viii) as clause (x); and
                (v) by inserting after clause (vii) the following:
                ``(viii) in coordination with the Executive Director, 
            improving preliminary engagement with project sponsors in 
            developing coordinated project plans;
                ``(ix) using programmatic assessments, templates, and 
            other tools based on the best available science and data; 
            and''; and
            (C) in paragraph (3)(A), by inserting ``, including agency 
        compliance with intermediate and final completion dates 
        described in coordinated project plans'' after 
        ``authorizations''; and
        (4) by striking subsection (d).
    (c) Permitting Process Improvement.--Section 41003 of the FAST Act 
(42 U.S.C. 4370m-2) is amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by adding at the end the following:
            ``(D) Confidentiality.--Any information relating to Native 
        American natural, cultural, and historical resources submitted 
        in a notice by a project sponsor under subparagraph (A) shall 
        be--
                ``(i) kept confidential; and
                ``(ii) exempt from the disclosure requirements under 
            section 552 of title 5, United States Code (commonly known 
            as the `Freedom of Information Act'), and the Federal 
            Advisory Committee Act (5 U.S.C. App.).'';
            (B) in paragraph (2)--
                (i) in subparagraph (A), in the matter preceding clause 
            (i), by striking ``45 days'' and inserting ``21 calendar 
            days''; and
                (ii) in subparagraph (B), by inserting ``14 calendar 
            day'' before ``deadline''; and
            (C) in paragraph (3)(A), in the matter preceding clause 
        (i), by inserting ``and the Executive Director'' after ``as 
        applicable,'';
        (2) in subsection (b)--
            (A) in paragraph (2)(A), by adding at the end the 
        following:
                ``(iii) Projects other than covered projects.--

                    ``(I) In general.--The Executive Director may 
                direct a lead agency to create a specific entry on the 
                Dashboard for a project that is not a covered project 
                and is under review by the lead agency if the Executive 
                Director determines that a Dashboard entry for that 
                project is in the interest of transparency.
                    ``(II) Requirements.--Not later than 14 days after 
                the date on which the Executive Director directs the 
                lead agency to create a specific entry on the Dashboard 
                for a project described in subclause (I), the lead 
                agency shall create and maintain a specific entry on 
                the Dashboard for the project that contains--

                        ``(aa) a comprehensive permitting timetable, as 
                    described in subsection (c)(2)(A);
                        ``(bb) the status of the compliance of each 
                    lead agency, cooperating agency, and participating 
                    agency with the permitting timetable required under 
                    item (aa);
                        ``(cc) any modifications of the permitting 
                    timetable required under item (aa), including an 
                    explanation as to why the permitting timetable was 
                    modified; and
                        ``(dd) information about project-related public 
                    meetings, public hearings, and public comment 
                    periods, which shall be presented in English and 
                    the predominant language of the community or 
                    communities most affected by the project, as that 
                    information becomes available.''; and
            (B) in paragraph (3)(A)--
                (i) in clause (i)--

                    (I) in subclause (IV), by striking ``and'' at the 
                end;
                    (II) by redesignating subclause (V) as subclause 
                (VI);
                    (III) by inserting after subclause (IV) the 
                following:
                    ``(V) information on the status of mitigation 
                measures that were agreed to as part of the 
                environmental review and permitting process, including 
                whether and when the mitigation measures have been 
                fully implemented; and''; and
                    (IV) in subclause (VI) (as so redesignated), by 
                striking ``and'' at the end;

                (ii) in clause (ii), by striking the period at the end 
            and inserting ``; and''; and
                (iii) by adding at the end the following:
                ``(iii) information about project-related public 
            meetings, public hearings, and public comment periods, 
            which shall be presented in English and the predominant 
            language of the community or communities most affected by 
            the project, as that information becomes available.''; and
        (3) in subsection (c)(2)--
            (A) in subparagraph (A), strike ``coordination'' and insert 
        ``coordinated'';
            (B) in subparagraph (D)(i)--
                (i) by redesignating subclauses (I) through (III) as 
            subclauses (II) through (IV), respectively;
                (ii) by inserting before subclause (II) (as so 
            redesignated) the following:

                    ``(I) the facilitating or lead agency, as 
                applicable, consults with the Executive Director 
                regarding the potential modification not less than 15 
                days before engaging in the consultation under 
                subclause (II);''; and

                (iii) in subclause (II) (as so redesignated), by 
            inserting ``, the Executive Director,'' after 
            ``participating agencies''; and
            (C) in subparagraph (F)--
                (i) in clause (i)--

                    (I) by inserting ``intermediate and final'' before 
                ``completion dates''; and
                    (II) by inserting ``intermediate or final'' before 
                ``completion date''; and

                (ii) in clause (ii)--

                    (I) in the matter preceding subclause (I), by 
                striking ``a completion date for agency action on a 
                covered project or is at significant risk of failing to 
                conform with'' and inserting ``an intermediate or final 
                completion date for agency action on a covered project 
                or reasonably believes the agency will fail to conform 
                with a completion date 30 days before''; and
                    (II) in subclause (I), by striking ``significantly 
                risking failing to conform'' and inserting ``reasonably 
                believing the agency will fail to conform''.

    (d) Coordination of Required Reviews.--Section 41005 of the FAST 
Act (42 U.S.C. 4370m-4) is amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by striking ``and'' at the end;
            (B) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(3) where an environmental impact statement is required for a 
    project, prepare a single, joint interagency environmental impact 
    statement for the project unless the lead agency provides 
    justification in the coordinated project plan that multiple 
    environmental documents are more efficient for project review and 
    authorization.'';
        (2) in subsection (b)--
            (A) by striking ``(1) State environmental documents; 
        supplemental documents.--'';
            (B) by redesignating subparagraphs (A) through (E) as 
        paragraphs (1) through (5), respectively, and indenting 
        appropriately;
            (C) in paragraph (1) (as so redesignated)--
                (i) by redesignating clauses (i) and (ii) as 
            subparagraphs (A) and (B), respectively, and indenting 
            appropriately; and
                (ii) in subparagraph (A) (as so redesignated)--

                    (I) by striking ``State laws and procedures'' and 
                inserting ``the laws and procedures of a State or 
                Indian Tribe (as defined in section 102 of the 
                Federally Recognized Indian Tribe List Act of 1994 (25 
                U.S.C. 5130))''; and
                    (II) by inserting ``developed pursuant to laws and 
                procedures of that State or Indian Tribe (as so 
                defined) that are of equal or greater rigor to each 
                applicable Federal law and procedure, and'' after 
                ``Council on Environmental Quality,'';

            (D) in paragraph (2) (as so redesignated), by striking 
        ``subparagraph (A)'' each place it appears and inserting 
        ``paragraph (1)'';
            (E) in paragraph (3) (as so redesignated)--
                (i) in the matter preceding clause (i), by striking 
            ``subparagraph (A)'' and inserting ``paragraph (1)''; and
                (ii) by redesignating clauses (i) and (ii) as 
            subparagraphs (A) and (B), respectively, and indenting 
            appropriately;
            (F) in paragraph (4) (as so redesignated)--
                (i) in the matter preceding clause (i), by striking 
            ``subparagraph (C)'' and inserting ``paragraph (3)''; and
                (ii) by redesignating clauses (i) and (ii) as 
            subparagraphs (A) and (B), respectively, and indenting 
            appropriately; and
            (G) in paragraph (5) (as so redesignated)--
                (i) by striking ``subparagraph (A)'' and inserting 
            ``paragraph (1)''; and
                (ii) by striking ``subparagraph (C)'' and inserting 
            ``paragraph (3)'';
        (3) in subsection (c)(4)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``determines that the development of the higher level of detail 
        will not prevent--'' and inserting ``determines that--'';
            (B) in subparagraph (A), by inserting ``the development of 
        the higher level of detail will not prevent'' before ``the lead 
        agency''; and
            (C) by striking subparagraph (B) and inserting the 
        following:
            ``(B) the preferred and other alternatives are developed in 
        sufficient detail to enable the public to comment on the 
        alternatives.'';
        (4) by redesignating subsection (f) as subsection (g); and
        (5) by inserting after subsection (e) the following:
    ``(f) Record of Decision.--When an environmental impact statement 
is prepared, Federal agencies must, to the maximum extent practicable, 
issue a record of decision not later than 90 days after the date on 
which the final environmental impact statement is issued.''.
    (e) Litigation, Judicial Review, and Savings Provision.--Section 
41007 of the FAST Act (42 U.S.C. 4370m-6) is amended--
        (1) in subsection (a)(1)--
            (A) in subparagraph (A)--
                (i) by striking ``the action'' and inserting ``the 
            claim''; and
                (ii) by striking ``of the final record of decision or 
            approval or denial of a permit'' and inserting ``of notice 
            of final agency action on the authorization''; and
            (B) in subparagraph (B)(i), by striking ``the action'' and 
        inserting ``the claim''; and
        (2) in subsection (e), in the matter preceding paragraph (1), 
    by striking ``this section'' and inserting ``this title''.
    (f) Reports.--Section 41008 of the FAST Act (42 U.S.C. 4370m-7) is 
amended by striking subsection (a) and inserting the following:
    ``(a) Reports to Congress.--
        ``(1) Executive director annual report.--
            ``(A) In general.--Not later than April 15 of each year for 
        10 years beginning on the date of enactment of the 
        Infrastructure Investment and Jobs Act, the Executive Director 
        shall submit to Congress a report detailing the progress 
        accomplished under this title during the previous fiscal year.
            ``(B) Opportunity to include comments.--Each councilmember, 
        with input from the respective agency CERPO, shall have the 
        opportunity to include comments concerning the performance of 
        the agency in the report described in subparagraph (A).
        ``(2) Quarterly agency performance report.--The Executive 
    Director shall submit to Congress a quarterly report evaluating 
    agency compliance with the provisions of this title, which shall 
    include a description of the implementation and adherence of each 
    agency to the coordinated project plan and permitting timetable 
    requirements under section 41003(c).
        ``(3) Agency best practices report.--Not later than April 15 of 
    each year, each participating agency and lead agency shall submit 
    to Congress and the Director of the Office of Management and Budget 
    a report assessing the performance of the agency in implementing 
    the best practices described in section 41002(c)(2)(B).''.
    (g) Funding for Governance, Oversight, and Processing of 
Environmental Reviews and Permits.--Section 41009 of the FAST Act (42 
U.S.C. 4370m-8) is amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--For the purpose of carrying out this title, the 
Executive Director, in consultation with the heads of the agencies 
listed in section 41002(b)(2)(B) and with the guidance of the Director 
of the Office of Management and Budget, may, after public notice and 
opportunity for comment, issue regulations establishing a fee structure 
for sponsors of covered projects to reimburse the United States for 
reasonable costs incurred in conducting environmental reviews and 
authorizations for covered projects.'';
        (2) in subsection (b), by striking ``and 41003'' and inserting 
    ``through 41008''; and
        (3) in subsection (d)--
            (A) in the subsection heading, by striking ``and 
        Permitting''; and
            (B) by striking paragraphs (2) and (3) and inserting the 
        following:
        ``(2) Availability.--Amounts in the Fund shall be available to 
    the Executive Director, without fiscal year limitation, solely for 
    the purposes of administering, implementing, and enforcing this 
    title, including the expenses of the Council, staffing of the 
    Office of the Executive Director, and support of the role of the 
    Council as a Federal center for permitting excellence, which may 
    include supporting interagency detailee and rotation opportunities, 
    advanced training, enhanced support for agency project managers, 
    and fora for sharing information and lessons learned.
        ``(3) Transfer.--For the purpose of carrying out this title, 
    the Executive Director, with the approval of the Director of the 
    Office of Management and Budget, may transfer amounts in the Fund 
    to other Federal agencies and State, Tribal, and local governments 
    to facilitate timely and efficient environmental reviews and 
    authorizations for covered projects and other projects under this 
    title, including direct reimbursement agreements with agency 
    CERPOs, reimbursable agreements, and approval and consultation 
    processes and staff for covered projects.''.
    (h) Sunset.--Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is 
repealed.
    (i) Technical Correction.--Section 41002(b)(2)(A)(ii) of the FAST 
Act (42 U.S.C. 4370m-1(b)(2)(A)(ii)) is amended by striking 
``councilmem-ber'' and inserting ``councilmember''.
    (j) Clerical Amendment.--The table of contents in section 1(b) of 
the FAST Act (Public Law 114-94; 129 Stat. 1319) is amended by striking 
the item relating to section 41002 and inserting the following:
``Sec. 41002. Federal Permitting Improvement Steering Council.''.

                  TITLE IX--BUILD AMERICA, BUY AMERICA
                 Subtitle A--Build America, Buy America

SEC. 70901. SHORT TITLE.
    This subtitle may be cited as the ``Build America, Buy America 
Act''.

               PART I--BUY AMERICA SOURCING REQUIREMENTS

SEC. 70911. FINDINGS.
    Congress finds that--
        (1) the United States must make significant investments to 
    install, upgrade, or replace the public works infrastructure of the 
    United States;
        (2) with respect to investments in the infrastructure of the 
    United States, taxpayers expect that their public works 
    infrastructure will be produced in the United States by American 
    workers;
        (3) United States taxpayer dollars invested in public 
    infrastructure should not be used to reward companies that have 
    moved their operations, investment dollars, and jobs to foreign 
    countries or foreign factories, particularly those that do not 
    share or openly flout the commitments of the United States to 
    environmental, worker, and workplace safety protections;
        (4) in procuring materials for public works projects, entities 
    using taxpayer-financed Federal assistance should give a 
    commonsense procurement preference for the materials and products 
    produced by companies and workers in the United States in 
    accordance with the high ideals embodied in the environmental, 
    worker, workplace safety, and other regulatory requirements of the 
    United States;
        (5) common construction materials used in public works 
    infrastructure projects, including steel, iron, manufactured 
    products, non-ferrous metals, plastic and polymer-based products 
    (including polyvinylchloride, composite building materials, and 
    polymers used in fiber optic cables), glass (including optic 
    glass), lumber, and drywall are not adequately covered by a 
    domestic content procurement preference, thus limiting the impact 
    of taxpayer purchases to enhance supply chains in the United 
    States;
        (6) the benefits of domestic content procurement preferences 
    extend beyond economics;
        (7) by incentivizing domestic manufacturing, domestic content 
    procurement preferences reinvest tax dollars in companies and 
    processes using the highest labor and environmental standards in 
    the world;
        (8) strong domestic content procurement preference policies act 
    to prevent shifts in production to countries that rely on 
    production practices that are significantly less energy efficient 
    and far more polluting than those in the United States;
        (9) for over 75 years, Buy America and other domestic content 
    procurement preference laws have been part of the United States 
    procurement policy, ensuring that the United States can build and 
    rebuild the infrastructure of the United States with high-quality 
    American-made materials;
        (10) before the date of enactment of this Act, a domestic 
    content procurement preference requirement may not apply, may apply 
    only to a narrow scope of products and materials, or may be limited 
    by waiver with respect to many infrastructure programs, which 
    necessitates a review of such programs, including programs for 
    roads, highways, and bridges, public transportation, dams, ports, 
    harbors, and other maritime facilities, intercity passenger and 
    freight railroads, freight and intermodal facilities, airports, 
    water systems, including drinking water and wastewater systems, 
    electrical transmission facilities and systems, utilities, 
    broadband infrastructure, and buildings and real property;
        (11) Buy America laws create demand for domestically produced 
    goods, helping to sustain and grow domestic manufacturing and the 
    millions of jobs domestic manufacturing supports throughout product 
    supply chains;
        (12) as of the date of enactment of this Act, domestic content 
    procurement preference policies apply to all Federal Government 
    procurement and to various Federal-aid infrastructure programs;
        (13) a robust domestic manufacturing sector is a vital 
    component of the national security of the United States;
        (14) as more manufacturing operations of the United States have 
    moved offshore, the strength and readiness of the defense 
    industrial base of the United States has been diminished; and
        (15) domestic content procurement preference laws--
            (A) are fully consistent with the international obligations 
        of the United States; and
            (B) together with the government procurements to which the 
        laws apply, are important levers for ensuring that United 
        States manufacturers can access the government procurement 
        markets of the trading partners of the United States.
SEC. 70912. DEFINITIONS.
    In this part:
        (1) Deficient program.--The term ``deficient program'' means a 
    program identified by the head of a Federal agency under section 
    70913(c).
        (2) Domestic content procurement preference.--The term 
    ``domestic content procurement preference'' means a requirement 
    that no amounts made available through a program for Federal 
    financial assistance may be obligated for a project unless--
            (A) all iron and steel used in the project are produced in 
        the United States;
            (B) the manufactured products used in the project are 
        produced in the United States; or
            (C) the construction materials used in the project are 
        produced in the United States.
        (3) Federal agency.--The term ``Federal agency'' means any 
    authority of the United States that is an ``agency'' (as defined in 
    section 3502 of title 44, United States Code), other than an 
    independent regulatory agency (as defined in that section).
        (4) Federal financial assistance.--
            (A) In general.--The term ``Federal financial assistance'' 
        has the meaning given the term in section 200.1 of title 2, 
        Code of Federal Regulations (or successor regulations).
            (B) Inclusion.--The term ``Federal financial assistance'' 
        includes all expenditures by a Federal agency to a non-Federal 
        entity for an infrastructure project, except that it does not 
        include expenditures for assistance authorized under section 
        402, 403, 404, 406, 408, or 502 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 
        5170b, 5170c, 5172, 5174, or 5192) relating to a major disaster 
        or emergency declared by the President under section 401 or 
        501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre 
        and post disaster or emergency response expenditures.
        (5) Infrastructure.--The term ``infrastructure'' includes, at a 
    minimum, the structures, facilities, and equipment for, in the 
    United States--
            (A) roads, highways, and bridges;
            (B) public transportation;
            (C) dams, ports, harbors, and other maritime facilities;
            (D) intercity passenger and freight railroads;
            (E) freight and intermodal facilities;
            (F) airports;
            (G) water systems, including drinking water and wastewater 
        systems;
            (H) electrical transmission facilities and systems;
            (I) utilities;
            (J) broadband infrastructure; and
            (K) buildings and real property.
        (6) Produced in the united states.--The term ``produced in the 
    United States'' means--
            (A) in the case of iron or steel products, that all 
        manufacturing processes, from the initial melting stage through 
        the application of coatings, occurred in the United States;
            (B) in the case of manufactured products, that--
                (i) the manufactured product was manufactured in the 
            United States; and
                (ii) the cost of the components of the manufactured 
            product that are mined, produced, or manufactured in the 
            United States is greater than 55 percent of the total cost 
            of all components of the manufactured product, unless 
            another standard for determining the minimum amount of 
            domestic content of the manufactured product has been 
            established under applicable law or regulation; and
            (C) in the case of construction materials, that all 
        manufacturing processes for the construction material occurred 
        in the United States.
        (7) Project.--The term ``project'' means the construction, 
    alteration, maintenance, or repair of infrastructure in the United 
    States.
SEC. 70913. IDENTIFICATION OF DEFICIENT PROGRAMS.
    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the head of each Federal agency shall--
        (1) submit to the Office of Management and Budget and to 
    Congress, including a separate notice to each appropriate 
    congressional committee, a report that identifies each Federal 
    financial assistance program for infrastructure administered by the 
    Federal agency; and
        (2) publish in the Federal Register the report under paragraph 
    (1).
    (b) Requirements.--In the report under subsection (a), the head of 
each Federal agency shall, for each Federal financial assistance 
program--
        (1) identify all domestic content procurement preferences 
    applicable to the Federal financial assistance;
        (2) assess the applicability of the domestic content 
    procurement preference requirements, including--
            (A) section 313 of title 23, United States Code;
            (B) section 5323(j) of title 49, United States Code;
            (C) section 22905(a) of title 49, United States Code;
            (D) section 50101 of title 49, United States Code;
            (E) section 603 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1388);
            (F) section 1452(a)(4) of the Safe Drinking Water Act (42 
        U.S.C. 300j-12(a)(4));
            (G) section 5035 of the Water Infrastructure Finance and 
        Innovation Act of 2014 (33 U.S.C. 3914);
            (H) any domestic content procurement preference included in 
        an appropriations Act; and
            (I) any other domestic content procurement preference in 
        Federal law (including regulations);
        (3) provide details on any applicable domestic content 
    procurement preference requirement, including the purpose, scope, 
    applicability, and any exceptions and waivers issued under the 
    requirement; and
        (4) include a description of the type of infrastructure 
    projects that receive funding under the program, including 
    information relating to--
            (A) the number of entities that are participating in the 
        program;
            (B) the amount of Federal funds that are made available for 
        the program for each fiscal year; and
            (C) any other information the head of the Federal agency 
        determines to be relevant.
    (c) List of Deficient Programs.--In the report under subsection 
(a), the head of each Federal agency shall include a list of Federal 
financial assistance programs for infrastructure identified under that 
subsection for which a domestic content procurement preference 
requirement--
        (1) does not apply in a manner consistent with section 70914; 
    or
        (2) is subject to a waiver of general applicability not limited 
    to the use of specific products for use in a specific project.
SEC. 70914. APPLICATION OF BUY AMERICA PREFERENCE.
    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the head of each Federal agency shall ensure 
that none of the funds made available for a Federal financial 
assistance program for infrastructure, including each deficient 
program, may be obligated for a project unless all of the iron, steel, 
manufactured products, and construction materials used in the project 
are produced in the United States.
    (b) Waiver.--The head of a Federal agency that applies a domestic 
content procurement preference under this section may waive the 
application of that preference in any case in which the head of the 
Federal agency finds that--
        (1) applying the domestic content procurement preference would 
    be inconsistent with the public interest;
        (2) types of iron, steel, manufactured products, or 
    construction materials are not produced in the United States in 
    sufficient and reasonably available quantities or of a satisfactory 
    quality; or
        (3) the inclusion of iron, steel, manufactured products, or 
    construction materials produced in the United States will increase 
    the cost of the overall project by more than 25 percent.
    (c) Written Justification.--Before issuing a waiver under 
subsection (b), the head of the Federal agency shall--
        (1) make publicly available in an easily accessible location on 
    a website designated by the Office of Management and Budget and on 
    the website of the Federal agency a detailed written explanation 
    for the proposed determination to issue the waiver; and
        (2) provide a period of not less than 15 days for public 
    comment on the proposed waiver.
    (d) Review of Waivers of General Applicability.--
        (1) In general.--An existing general applicability waiver or a 
    general applicability waiver issued under subsection (b) shall be 
    reviewed every 5 years after the date on which the waiver is 
    issued.
        (2) Review.--In conducting a review of a general applicability 
    waiver, the head of a Federal agency shall--
            (A) publish in the Federal Register a notice that--
                (i) describes the justification for a general 
            applicability waiver; and
                (ii) requests public comments for a period of not less 
            than 30 days on the continued need for a general 
            applicability waiver; and
            (B) publish in the Federal Register a determination on 
        whether to continue or discontinue the general applicability 
        waiver, taking into account the comments received in response 
        to the notice published under subparagraph (A).
        (3) Limitation on the review of existing waivers of general 
    applicability.--For a period of 5 years beginning on the date of 
    enactment of this Act, paragraphs (1) and (2) shall not apply to 
    any product-specific general applicability waiver that was issued 
    more than 180 days before the date of enactment of this Act.
    (e) Consistency With International Agreements.--This section shall 
be applied in a manner consistent with United States obligations under 
international agreements.
SEC. 70915. OMB GUIDANCE AND STANDARDS.
    (a) Guidance.--The Director of the Office of Management and Budget 
shall--
        (1) issue guidance to the head of each Federal agency--
            (A) to assist in identifying deficient programs under 
        section 70913(c); and
            (B) to assist in applying new domestic content procurement 
        preferences under section 70914; and
        (2) if necessary, amend subtitle A of title 2, Code of Federal 
    Regulations (or successor regulations), to ensure that domestic 
    content procurement preference requirements required by this part 
    or other Federal law are imposed through the terms and conditions 
    of awards of Federal financial assistance.
    (b) Standards for Construction Materials.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Director of the Office of Management and 
    Budget shall issue standards that define the term ``all 
    manufacturing processes'' in the case of construction materials.
        (2) Considerations.--In issuing standards under paragraph (1), 
    the Director shall--
            (A) ensure that the standards require that each 
        manufacturing process required for the manufacture of the 
        construction material and the inputs of the construction 
        material occurs in the United States; and
            (B) take into consideration and seek to maximize the direct 
        and indirect jobs benefited or created in the production of the 
        construction material.
SEC. 70916. TECHNICAL ASSISTANCE PARTNERSHIP AND CONSULTATION 
SUPPORTING DEPARTMENT OF TRANSPORTATION BUY AMERICA REQUIREMENTS.
    (a) Definitions.--In this section:
        (1) Buy america law.--The term ``Buy America law'' means--
            (A) section 313 of title 23, United States Code;
            (B) section 5323(j) of title 49, United States Code;
            (C) section 22905(a) of title 49, United States Code;
            (D) section 50101 of title 49, United States Code; and
            (E) any other domestic content procurement preference for 
        an infrastructure project under the jurisdiction of the 
        Secretary.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Transportation.
    (b) Technical Assistance Partnership.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary shall enter into a 
technical assistance partnership with the Secretary of Commerce, acting 
through the Director of the National Institute of Standards and 
Technology--
        (1) to ensure the development of a domestic supply base to 
    support intermodal transportation in the United States, such as 
    intercity high speed rail transportation, public transportation 
    systems, highway construction or reconstruction, airport 
    improvement projects, and other infrastructure projects under the 
    jurisdiction of the Secretary;
        (2) to ensure compliance with Buy America laws that apply to a 
    project that receives assistance from the Federal Highway 
    Administration, the Federal Transit Administration, the Federal 
    Railroad Administration, the Federal Aviation Administration, or 
    another office or modal administration of the Secretary of 
    Transportation;
        (3) to encourage technologies developed with the support of and 
    resources from the Secretary to be transitioned into commercial 
    market and applications; and
        (4) to establish procedures for consultation under subsection 
    (c).
    (c) Consultation.--Before granting a written waiver under a Buy 
America law, the Secretary shall consult with the Director of the 
Hollings Manufacturing Extension Partnership regarding whether there is 
a domestic entity that could provide the iron, steel, manufactured 
product, or construction material that is the subject of the proposed 
waiver.
    (d) Annual Report.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the Committee on Commerce, Science, and Transportation, the 
Committee on Banking, Housing, and Urban Affairs, the Committee on 
Environment and Public Works, and the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Oversight and 
Reform of the House of Representatives a report that includes--
        (1) a detailed description of the consultation procedures 
    developed under subsection (b)(4);
        (2) a detailed description of each waiver requested under a Buy 
    America law in the preceding year that was subject to consultation 
    under subsection (c), and the results of the consultation;
        (3) a detailed description of each waiver granted under a Buy 
    America law in the preceding year, including the type of waiver and 
    the reasoning for granting the waiver; and
        (4) an update on challenges and gaps in the domestic supply 
    base identified in carrying out subsection (b)(1), including a list 
    of actions and policy changes the Secretary recommends be taken to 
    address those challenges and gaps.
SEC. 70917. APPLICATION.
    (a) In General.--This part shall apply to a Federal financial 
assistance program for infrastructure only to the extent that a 
domestic content procurement preference as described in section 70914 
does not already apply to iron, steel, manufactured products, and 
construction materials.
    (b) Savings Provision.--Nothing in this part affects a domestic 
content procurement preference for a Federal financial assistance 
program for infrastructure that is in effect and that meets the 
requirements of section 70914.
    (c) Limitation With Respect to Aggregates.--In this part--
        (1) the term ``construction materials'' shall not include 
    cement and cementitious materials, aggregates such as stone, sand, 
    or gravel, or aggregate binding agents or additives; and
        (2) the standards developed under section 70915(b)(1) shall not 
    include cement and cementitious materials, aggregates such as 
    stone, sand, or gravel, or aggregate binding agents or additives as 
    inputs of the construction material.

                      PART II--MAKE IT IN AMERICA

SEC. 70921. REGULATIONS RELATING TO BUY AMERICAN ACT.
    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget (``Director''), acting through the Administrator for Federal 
Procurement Policy and, in consultation with the Federal Acquisition 
Regulatory Council, shall promulgate final regulations or other policy 
or management guidance, as appropriate, to standardize and simplify how 
Federal agencies comply with, report on, and enforce the Buy American 
Act. The regulations or other policy or management guidance shall 
include, at a minimum, the following:
        (1) Guidelines for Federal agencies to determine, for the 
    purposes of applying sections 8302(a) and 8303(b)(3) of title 41, 
    United States Code, the circumstances under which the acquisition 
    of articles, materials, or supplies mined, produced, or 
    manufactured in the United States is inconsistent with the public 
    interest.
        (2) Guidelines to ensure Federal agencies base determinations 
    of non-availability on appropriate considerations, including 
    anticipated project delays and lack of substitutable articles, 
    materials, and supplies mined, produced, or manufactured in the 
    United States, when making determinations of non-availability under 
    section 8302(a)(1) of title 41, United States Code.
        (3)(A) Uniform procedures for each Federal agency to make 
    publicly available, in an easily identifiable location on the 
    website of the agency, and within the following time periods, the 
    following information:
            (i) A written description of the circumstances in which the 
        head of the agency may waive the requirements of the Buy 
        American Act.
            (ii) Each waiver made by the head of the agency within 30 
        days after making such waiver, including a justification with 
        sufficient detail to explain the basis for the waiver.
        (B) The procedures established under this paragraph shall 
    ensure that the head of an agency, in consultation with the head of 
    the Made in America Office established under section 70923(a), may 
    limit the publication of classified information, trade secrets, or 
    other information that could damage the United States.
        (4) Guidelines for Federal agencies to ensure that a project is 
    not disaggregated for purposes of avoiding the applicability of the 
    requirements under the Buy American Act.
        (5) An increase to the price preferences for domestic end 
    products and domestic construction materials.
        (6) Amending the definitions of ``domestic end product'' and 
    ``domestic construction material'' to ensure that iron and steel 
    products are, to the greatest extent possible, made with domestic 
    components.
    (b) Guidelines Relating to Waivers.--
        (1) Inconsistency with public interest.--
            (A) In general.--With respect to the guidelines developed 
        under subsection (a)(1), the Administrator shall seek to 
        minimize waivers related to contract awards that--
                (i) result in a decrease in employment in the United 
            States, including employment among entities that 
            manufacture the articles, materials, or supplies; or
                (ii) result in awarding a contract that would decrease 
            domestic employment.
            (B) Covered employment.--For purposes of subparagraph (A), 
        employment refers to positions directly involved in the 
        manufacture of articles, materials, or supplies, and does not 
        include positions related to management, research and 
        development, or engineering and design.
        (2) Assessment on use of dumped or subsidized foreign 
    products.--
            (A) In general.--To the extent otherwise permitted by law, 
        before granting a waiver in the public interest to the 
        guidelines developed under subsection (a)(1) with respect to a 
        product sourced from a foreign country, a Federal agency shall 
        assess whether a significant portion of the cost advantage of 
        the product is the result of the use of dumped steel, iron, or 
        manufactured goods or the use of injuriously subsidized steel, 
        iron, or manufactured goods.
            (B) Consultation.--The Federal agency conducting the 
        assessment under subparagraph (A) shall consult with the 
        International Trade Administration in making the assessment if 
        the agency considers such consultation to be helpful.
            (C) Use of findings.--The Federal agency conducting the 
        assessment under subparagraph (A) shall integrate any findings 
        from the assessment into its waiver determination.
    (c) Sense of Congress on Increasing Domestic Content 
Requirements.--It is the sense of Congress that the Federal Acquisition 
Regulatory Council should amend the Federal Acquisition Regulation to 
increase the domestic content requirements for domestic end products 
and domestic construction material to 75 percent, or, in the event of 
no qualifying offers, 60 percent.
    (d) Definition of End Product Manufactured in the United States.--
Not later than 1 year after the date of the enactment of this Act, the 
Federal Acquisition Regulatory Council shall amend part 25 of the 
Federal Acquisition Regulation to provide a definition for ``end 
product manufactured in the United States,'' including guidelines to 
ensure that manufacturing processes involved in production of the end 
product occur domestically.
SEC. 70922. AMENDMENTS RELATING TO BUY AMERICAN ACT.
    (a) Special Rules Relating to American Materials Required for 
Public Use.--Section 8302 of title 41, United States Code, is amended 
by adding at the end the following new subsection:
    ``(c) Special Rules.--The following rules apply in carrying out the 
provisions of subsection (a):
        ``(1) Iron and steel manufactured in the united states.--For 
    purposes of this section, manufactured articles, materials, and 
    supplies of iron and steel are deemed manufactured in the United 
    States only if all manufacturing processes involved in the 
    production of such iron and steel, from the initial melting stage 
    through the application of coatings, occurs in the United States.
        ``(2) Limitation on exception for commercially available off-
    the-shelf items.--Notwithstanding any law or regulation to the 
    contrary, including section 1907 of this title and the Federal 
    Acquisition Regulation, the requirements of this section apply to 
    all iron and steel articles, materials, and supplies.''.
    (b) Production of Iron and Steel for Purposes of Contracts for 
Public Works.--Section 8303 of title 41, United States Code, is 
amended--
        (1) by redesignating subsection (c) as subsection (d); and
        (2) by inserting after subsection (b) the following new 
    subsection:
    ``(c) Special Rules.--
        ``(1) Production of iron and steel.--For purposes of this 
    section, manufactured articles, materials, and supplies of iron and 
    steel are deemed manufactured in the United States only if all 
    manufacturing processes involved in the production of such iron and 
    steel, from the initial melting stage through the application of 
    coatings, occurs in the United States.
        ``(2) Limitation on exception for commercially available off-
    the-shelf items.--Notwithstanding any law or regulation to the 
    contrary, including section 1907 of this title and the Federal 
    Acquisition Regulation, the requirements of this section apply to 
    all iron and steel articles, materials, and supplies used in 
    contracts described in subsection (a).''.
    (c) Annual Report.--Subsection (b) of section 8302 of title 41, 
United States Code, is amended to read as follows:
    ``(b) Reports.--
        ``(1) In general.--Not later than 180 days after the end of the 
    fiscal year during which the Build America, Buy America Act is 
    enacted, and annually thereafter for 4 years, the Director of the 
    Office of Management and Budget, in consultation with the 
    Administrator of General Services, shall submit to the Committee on 
    Homeland Security and Governmental Affairs of the Senate and the 
    Committee on Oversight and Reform of the House of Representatives a 
    report on the total amount of acquisitions made by Federal agencies 
    in the relevant fiscal year of articles, materials, or supplies 
    acquired from entities that mine, produce, or manufacture the 
    articles, materials, or supplies outside the United States.
        ``(2) Exception for intelligence community.--This subsection 
    does not apply to acquisitions made by an agency, or component of 
    an agency, that is an element of the intelligence community as 
    specified in, or designated under, section 3 of the National 
    Security Act of 1947 (50 U.S.C. 3003).''.
    (d) Definition.--Section 8301 of title 41, United States Code, is 
amended by adding at the end the following new paragraph:
        ``(3) Federal agency.--The term `Federal agency' has the 
    meaning given the term `executive agency' in section 133 of this 
    title.''.
    (e) Conforming Amendments.--Title 41, United States Code, is 
amended--
        (1) in section 8302(a)--
            (A) in paragraph (1)--
                (i) by striking ``department or independent 
            establishment'' and inserting ``Federal agency''; and
                (ii) by striking ``their acquisition to be inconsistent 
            with the public interest or their cost to be unreasonable'' 
            and inserting ``their acquisition to be inconsistent with 
            the public interest, their cost to be unreasonable, or that 
            the articles, materials, or supplies of the class or kind 
            to be used, or the articles, materials, or supplies from 
            which they are manufactured, are not mined, produced, or 
            manufactured in the United States in sufficient and 
            reasonably available commercial quantities and of a 
            satisfactory quality''; and
            (B) in paragraph (2), by amending subparagraph (B) to read 
        as follows:
            ``(B) to any articles, materials, or supplies procured 
        pursuant to a reciprocal defense procurement memorandum of 
        understanding (as described in section 8304 of this title), or 
        a trade agreement or least developed country designation 
        described in subpart 25.400 of the Federal Acquisition 
        Regulation; and''; and
        (2) in section 8303--
            (A) in subsection (b)--
                (i) by striking ``department or independent 
            establishment'' each place it appears and inserting 
            ``Federal agency'';
                (ii) by amending subparagraph (B) of paragraph (1) to 
            read as follows:
            ``(B) to any articles, materials, or supplies procured 
        pursuant to a reciprocal defense procurement memorandum of 
        understanding (as described in section 8304), or a trade 
        agreement or least developed country designation described in 
        subpart 25.400 of the Federal Acquisition Regulation; and''; 
        and
                (iii) in paragraph (3)--

                    (I) in the heading, by striking ``Inconsistent with 
                public interest'' and inserting ``Waiver authority''; 
                and
                    (II) by striking ``their purchase to be 
                inconsistent with the public interest or their cost to 
                be unreasonable'' and inserting ``their acquisition to 
                be inconsistent with the public interest, their cost to 
                be unreasonable, or that the articles, materials, or 
                supplies of the class or kind to be used, or the 
                articles, materials, or supplies from which they are 
                manufactured, are not mined, produced, or manufactured 
                in the United States in sufficient and reasonably 
                available commercial quantities and of a satisfactory 
                quality''; and

            (B) in subsection (d), as redesignated by subsection (b)(1) 
        of this section, by striking ``department, bureau, agency, or 
        independent establishment'' each place it appears and inserting 
        ``Federal agency''.
    (f) Exclusion From Inflation Adjustment of Acquisition-Related 
Dollar Thresholds.--Subparagraph (A) of section 1908(b)(2) of title 41, 
United States Code, is amended by striking ``chapter 67'' and inserting 
``chapters 67 and 83''.
SEC. 70923. MADE IN AMERICA OFFICE.
    (a) Establishment.--The Director of the Office of Management and 
Budget shall establish within the Office of Management and Budget an 
office to be known as the ``Made in America Office''. The head of the 
office shall be appointed by the Director of the Office of Management 
and Budget (in this section referred to as the ``Made in America 
Director'').
    (b) Duties.--The Made in America Director shall have the following 
duties:
        (1) Maximize and enforce compliance with domestic preference 
    statutes.
        (2) Develop and implement procedures to review waiver requests 
    or inapplicability requests related to domestic preference 
    statutes.
        (3) Prepare the reports required under subsections (c) and (e).
        (4) Ensure that Federal contracting personnel, financial 
    assistance personnel, and non-Federal recipients are regularly 
    trained on obligations under the Buy American Act and other agency-
    specific domestic preference statutes.
        (5) Conduct the review of reciprocal defense agreements 
    required under subsection (d).
        (6) Ensure that Federal agencies, Federal financial assistance 
    recipients, and the Hollings Manufacturing Extension Partnership 
    partner with each other to promote compliance with domestic 
    preference statutes.
        (7) Support executive branch efforts to develop and sustain a 
    domestic supply base to meet Federal procurement requirements.
    (c) Office of Management and Budget Report.--Not later than 1 year 
after the date of the enactment of this Act, the Director of the Office 
of Management and Budget, working through the Made in America Director, 
shall report to the relevant congressional committees on the extent to 
which, in each of the three fiscal years prior to the date of enactment 
of this Act, articles, materials, or supplies acquired by the Federal 
Government were mined, produced, or manufactured outside the United 
States. Such report shall include for each Federal agency the 
following:
        (1) A summary of total procurement funds expended on articles, 
    materials, and supplies mined, produced, or manufactured--
            (A) inside the United States;
            (B) outside the United States; and
            (C) outside the United States--
                (i) under each category of waiver under the Buy 
            American Act;
                (ii) under each category of exception under such 
            chapter; and
                (iii) for each country that mined, produced, or 
            manufactured such articles, materials, and supplies.
        (2) For each fiscal year covered by the report--
            (A) the dollar value of any articles, materials, or 
        supplies that were mined, produced, or manufactured outside the 
        United States, in the aggregate and by country;
            (B) an itemized list of all waivers made under the Buy 
        American Act with respect to articles, materials, or supplies, 
        where available, and the country where such articles, 
        materials, or supplies were mined, produced, or manufactured;
            (C) if any articles, materials, or supplies were acquired 
        from entities that mine, produce, or manufacture such articles, 
        materials, or supplies outside the United States due to an 
        exception (that is not the micro-purchase threshold exception 
        described under section 8302(a)(2)(C) of title 41, United 
        States Code), the specific exception that was used to purchase 
        such articles, materials, or supplies; and
            (D) if any articles, materials, or supplies were acquired 
        from entities that mine, produce, or manufacture such articles, 
        materials, or supplies outside the United States pursuant to a 
        reciprocal defense procurement memorandum of understanding (as 
        described in section 8304 of title 41, United States Code), or 
        a trade agreement or least developed country designation 
        described in subpart 25.400 of the Federal Acquisition 
        Regulation, a citation to such memorandum of understanding, 
        trade agreement, or designation.
        (3) A description of the methods used by each Federal agency to 
    calculate the percentage domestic content of articles, materials, 
    and supplies mined, produced, or manufactured in the United States.
    (d) Review of Reciprocal Defense Agreements.--
        (1) Review of process.--Not later than 180 days after the date 
    of the enactment of this Act, the Made in America Director shall 
    review the Department of Defense's use of reciprocal defense 
    agreements to determine if domestic entities have equal and 
    proportional access and report the findings of the review to the 
    Director of the Office of Management and Budget, the Secretary of 
    Defense, and the Secretary of State.
        (2) Review of reciprocal procurement memoranda of 
    understanding.--The Made in America Director shall review 
    reciprocal procurement memoranda of understanding entered into 
    after the date of the enactment of this Act between the Department 
    of Defense and its counterparts in foreign governments to assess 
    whether domestic entities will have equal and proportional access 
    under the memoranda of understanding and report the findings of the 
    review to the Director of the Office of Management and Budget, the 
    Secretary of Defense, and the Secretary of State.
    (e) Report on Use of Made in America Laws.--The Made in America 
Director shall submit to the relevant congressional committees a 
summary of each report on the use of Made in America Laws received by 
the Made in America Director pursuant to section 11 of Executive Order 
14005, dated January 25, 2021 (relating to ensuring the future is made 
in all of America by all of America's workers) not later than 90 days 
after the date of the enactment of this Act or receipt of the reports 
required under section 11 of such Executive Order, whichever is later.
    (f) Domestic Preference Statute Defined.--In this section, the term 
``domestic preference statute'' means any of the following:
        (1) the Buy American Act;
        (2) a Buy America law (as that term is defined in section 
    70916(a));
        (3) the Berry Amendment;
        (4) section 604 of the American Recovery and Reinvestment Act 
    of 2009 (6 U.S.C. 453b) (commonly referred to as the ``Kissell 
    amendment'');
        (5) section 2533b of title 10 (commonly referred to as the 
    ``specialty metals clause'');
        (6) laws requiring domestic preference for maritime transport, 
    including the Merchant Marine Act, 1920 (Public Law 66-261), 
    commonly known as the ``Jones Act''; and
        (7) any other law, regulation, rule, or executive order 
    relating to Federal financial assistance awards or Federal 
    procurement, that requires, or provides a preference for, the 
    purchase or acquisition of goods, products, or materials produced 
    in the United States, including iron, steel, construction material, 
    and manufactured goods offered in the United States.
SEC. 70924. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP ACTIVITIES.
    (a) Use of Hollings Manufacturing Extension Partnership to Refer 
New Businesses to Contracting Opportunities.--The head of each Federal 
agency shall work with the Director of the Hollings Manufacturing 
Extension Partnership, as necessary, to ensure businesses participating 
in this Partnership are aware of their contracting opportunities.
    (b) Automatic Enrollment in GSA Advantage!.--The Administrator of 
the General Services Administration and the Secretary of Commerce, 
acting through the Under Secretary of Commerce for Standards and 
Technology, shall jointly ensure that each business that participates 
in the Hollings Manufacturing Extension Partnership is automatically 
enrolled in General Services Administration Advantage!.
SEC. 70925. UNITED STATES OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS.
    This part, and the amendments made by this part, shall be applied 
in a manner consistent with United States obligations under 
international agreements.
SEC. 70926. DEFINITIONS.
    In this part:
        (1) Berry amendment.--The term ``Berry Amendment'' means 
    section 2533a of title 10, United States Code.
        (2) Buy american act.--The term ``Buy American Act'' means 
    chapter 83 of title 41, United States Code.
        (3) Federal agency.--The term ``Federal agency'' has the 
    meaning given the term ``executive agency'' in section 133 of title 
    41, United States Code.
        (4) Relevant congressional committees.--The term ``relevant 
    congressional committees'' means--
            (A) the Committee on Homeland Security and Governmental 
        Affairs, the Committee on Commerce, Science, and 
        Transportation, the Committee on Environment and Public Works, 
        the Committee on Banking, Housing, and Urban Affairs, and the 
        Committee on Armed Services of the Senate; and
            (B) the Committee on Oversight and Reform, the Committee on 
        Armed Services, and the Committee on Transportation and 
        Infrastructure of the House of Representatives.
        (5) Waiver.--The term ``waiver'', with respect to the 
    acquisition of an article, material, or supply for public use, 
    means the inapplicability of chapter 83 of title 41, United States 
    Code, to the acquisition by reason of any of the following 
    determinations under section 8302(a)(1) or 8303(b) of such title:
            (A) A determination by the head of the Federal agency 
        concerned that the acquisition is inconsistent with the public 
        interest.
            (B) A determination by the head of the Federal agency 
        concerned that the cost of the acquisition is unreasonable.
            (C) A determination by the head of the Federal agency 
        concerned that the article, material, or supply is not mined, 
        produced, or manufactured in the United States in sufficient 
        and reasonably available commercial quantities of a 
        satisfactory quality.
SEC. 70927. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.
    (a) Specialty Metals Clause Reference.--Section 70923(f)(5) is 
amended by striking ``section 2533b'' and inserting ``section 4863''.
    (b) Berry Amendment Reference.--Section 70926(1) is amended by 
striking ``section 2533a'' and inserting ``section 4862''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2022.

                      Subtitle B--BuyAmerican.gov

SEC. 70931. SHORT TITLE.
    This subtitle may be cited as the ``BuyAmerican.gov Act of 2021''.
SEC. 70932. DEFINITIONS.
    In this subtitle:
        (1) Buy american law.--The term ``Buy American law'' means any 
    law, regulation, Executive order, or rule relating to Federal 
    contracts, grants, or financial assistance that requires or 
    provides a preference for the purchase or use of goods, products, 
    or materials mined, produced, or manufactured in the United States, 
    including--
            (A) chapter 83 of title 41, United States Code (commonly 
        referred to as the ``Buy American Act'');
            (B) section 5323(j) of title 49, United States Code;
            (C) section 313 of title 23, United States Code;
            (D) section 50101 of title 49, United States Code;
            (E) section 24405 of title 49, United States Code;
            (F) section 608 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1388);
            (G) section 1452(a)(4) of the Safe Drinking Water Act (42 
        U.S.C. 300j-12(a)(4));
            (H) section 5035 of the Water Resources Reform and 
        Development Act of 2014 (33 U.S.C. 3914);
            (I) section 2533a of title 10, United States Code (commonly 
        referred to as the ``Berry Amendment''); and
            (J) section 2533b of title 10, United States Code.
        (2) Executive agency.--The term ``executive agency'' has the 
    meaning given the term ``agency'' in paragraph (1) of section 3502 
    of title 44, United States Code, except that it does not include an 
    independent regulatory agency, as that term is defined in paragraph 
    (5) of such section.
        (3) Buy american waiver.--The term ``Buy American waiver'' 
    refers to an exception to or waiver of any Buy American law, or the 
    terms and conditions used by an agency in granting an exception to 
    or waiver from Buy American laws.
SEC. 70933. SENSE OF CONGRESS ON BUYING AMERICAN.
    It is the sense of Congress that--
        (1) every executive agency should maximize, through terms and 
    conditions of Federal financial assistance awards and Federal 
    procurements, the use of goods, products, and materials produced in 
    the United States and contracts for outsourced government service 
    contracts to be performed by United States nationals;
        (2) every executive agency should scrupulously monitor, 
    enforce, and comply with Buy American laws, to the extent they 
    apply, and minimize the use of waivers; and
        (3) every executive agency should use available data to 
    routinely audit its compliance with Buy American laws.
SEC. 70934. ASSESSMENT OF IMPACT OF FREE TRADE AGREEMENTS.
    Not later than 150 days after the date of the enactment of this 
Act, the Secretary of Commerce, the United States Trade Representative, 
and the Director of the Office of Management and Budget shall assess 
the impacts in a publicly available report of all United States free 
trade agreements, the World Trade Organization Agreement on Government 
Procurement, and Federal permitting processes on the operation of Buy 
American laws, including their impacts on the implementation of 
domestic procurement preferences.
SEC. 70935. JUDICIOUS USE OF WAIVERS.
    (a) In General.--To the extent permitted by law, a Buy American 
waiver that is determined by an agency head or other relevant official 
to be in the public interest shall be construed to ensure the maximum 
utilization of goods, products, and materials produced in the United 
States.
    (b) Public Interest Waiver Determinations.--To the extent permitted 
by law, determination of public interest waivers shall be made by the 
head of the agency with the authority over the Federal financial 
assistance award or Federal procurement under consideration.
SEC. 70936. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE.
    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Administrator of General Services shall 
establish an Internet website with the address BuyAmerican.gov that 
will be publicly available and free to access. The website shall 
include information on all waivers of and exceptions to Buy American 
laws since the date of the enactment of this Act that have been 
requested, are under consideration, or have been granted by executive 
agencies and be designed to enable manufacturers and other interested 
parties to easily identify waivers. The website shall also include the 
results of routine audits to determine data errors and Buy American law 
violations after the award of a contract. The website shall provide 
publicly available contact information for the relevant contracting 
agencies.
    (b) Utilization of Existing Website.--The requirements of 
subsection (a) may be met by utilizing an existing website, provided 
that the address of that website is BuyAmerican.gov.
SEC. 70937. WAIVER TRANSPARENCY AND STREAMLINING FOR CONTRACTS.
    (a) Collection of Information.--The Administrator of General 
Services, in consultation with the heads of relevant agencies, shall 
develop a mechanism to collect information on requests to invoke a Buy 
American waiver for a Federal contract, utilizing existing reporting 
requirements whenever possible, for purposes of providing early notice 
of possible waivers via the website established under section 70936.
    (b) Waiver Transparency and Streamlining.--
        (1) Requirement.--Prior to granting a request to waive a Buy 
    American law, the head of an executive agency shall submit a 
    request to invoke a Buy American waiver to the Administrator of 
    General Services, and the Administrator of General Services shall 
    make the request available on or through the public website 
    established under section 70936 for public comment for not less 
    than 15 days.
        (2) Exception.--The requirement under paragraph (1) does not 
    apply to a request for a Buy American waiver to satisfy an urgent 
    contracting need in an unforeseen and exigent circumstance.
    (c) Information Available to the Executive Agency Concerning the 
Request.--
        (1) Requirement.--No Buy American waiver for purposes of 
    awarding a contract may be granted if, in contravention of 
    subsection (b)--
            (A) information about the waiver was not made available on 
        the website under section 70936; or
            (B) no opportunity for public comment concerning the 
        request was granted.
        (2) Scope.--Information made available to the public concerning 
    the request included on the website described in section 70936 
    shall properly and adequately document and justify the statutory 
    basis cited for the requested waiver. Such information shall 
    include--
            (A) a detailed justification for the use of goods, 
        products, or materials mined, produced, or manufactured outside 
        the United States;
            (B) for requests citing unreasonable cost as the statutory 
        basis of the waiver, a comparison of the cost of the domestic 
        product to the cost of the foreign product or a comparison of 
        the overall cost of the project with domestic products to the 
        overall cost of the project with foreign-origin products or 
        services, pursuant to the requirements of the applicable Buy 
        American law, except that publicly available cost comparison 
        data may be provided in lieu of proprietary pricing 
        information;
            (C) for requests citing the public interest as the 
        statutory basis for the waiver, a detailed written statement, 
        which shall include all appropriate factors, such as potential 
        obligations under international agreements, justifying why the 
        requested waiver is in the public interest; and
            (D) a certification that the procurement official or 
        assistance recipient made a good faith effort to solicit bids 
        for domestic products supported by terms included in requests 
        for proposals, contracts, and nonproprietary communications 
        with the prime contractor.
    (d) Nonavailability Waivers.--
        (1) In general.--Except as provided under paragraph (2), for a 
    request citing nonavailability as the statutory basis for a Buy 
    American waiver, an executive agency shall provide an explanation 
    of the procurement official's efforts to procure a product from a 
    domestic source and the reasons why a domestic product was not 
    available from a domestic source. Those explanations shall be made 
    available on BuyAmerican.gov prior to the issuance of the waiver, 
    and the agency shall consider public comments regarding the 
    availability of the product before making a final determination.
        (2) Exception.--An explanation under paragraph (1) is not 
    required for a product the nonavailability of which is established 
    by law or regulation.
SEC. 70938. COMPTROLLER GENERAL REPORT.
    Not later than two years after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to 
Congress a report describing the implementation of this subtitle, 
including recommendations for any legislation to improve the collection 
and reporting of information regarding waivers of and exceptions to Buy 
American laws.
SEC. 70939. RULES OF CONSTRUCTION.
    (a) Disclosure Requirements.--Nothing in this subtitle shall be 
construed as preempting, superseding, or otherwise affecting the 
application of any disclosure requirement or requirements otherwise 
provided by law or regulation.
    (b) Establishment of Successor Information Systems.--Nothing in 
this subtitle shall be construed as preventing or otherwise limiting 
the ability of the Administrator of General Services to move the data 
required to be included on the website established under subsection (a) 
to a successor information system. Any such information system shall 
include a reference to BuyAmerican.gov.
SEC. 70940. CONSISTENCY WITH INTERNATIONAL AGREEMENTS.
    This subtitle shall be applied in a manner consistent with United 
States obligations under international agreements.
SEC. 70941. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.
    (a) In General.--Section 70932(1) is amended--
        (1) in subparagraph (I), by striking ``section 2533a'' and 
    inserting ``section 4862''; and
        (2) in subparagraph (J), by striking ``section 2533b'' and 
    inserting ``section 4863''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 1, 2022.

                    Subtitle C--Make PPE in America

SEC. 70951. SHORT TITLE.
    This subtitle may be cited as the ``Make PPE in America Act''.
SEC. 70952. FINDINGS.
    Congress makes the following findings:
        (1) The COVID-19 pandemic has exposed the vulnerability of the 
    United States supply chains for, and lack of domestic production 
    of, personal protective equipment (PPE).
        (2) The United States requires a robust, secure, and wholly 
    domestic PPE supply chain to safeguard public health and national 
    security.
        (3) Issuing a strategy that provides the government's 
    anticipated needs over the next three years will enable suppliers 
    to assess what changes, if any, are needed in their manufacturing 
    capacity to meet expected demands.
        (4) In order to foster a domestic PPE supply chain, United 
    States industry needs a strong and consistent demand signal from 
    the Federal Government providing the necessary certainty to expand 
    production capacity investment in the United States.
        (5) In order to effectively incentivize investment in the 
    United States and the re-shoring of manufacturing, long-term 
    contracts must be no shorter than three years in duration.
        (6) To accomplish this aim, the United States should seek to 
    ensure compliance with its international obligations, such as its 
    commitments under the World Trade Organization's Agreement on 
    Government Procurement and its free trade agreements, including by 
    invoking any relevant exceptions to those agreements, especially 
    those related to national security and public health.
        (7) The United States needs a long-term investment strategy for 
    the domestic production of PPE items critical to the United States 
    national response to a public health crisis, including the COVID-19 
    pandemic.
SEC. 70953. REQUIREMENT OF LONG-TERM CONTRACTS FOR DOMESTICALLY 
MANUFACTURED PERSONAL PROTECTIVE EQUIPMENT.
    (a) Definitions.--In this section:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means--
            (A) the Committee on Homeland Security and Governmental 
        Affairs, the Committee on Health, Education, Labor, and 
        Pensions, the Committee on Finance, and the Committee on 
        Veterans' Affairs of the Senate; and
            (B) the Committee on Homeland Security, the Committee on 
        Oversight and Reform, the Committee on Energy and Commerce, the 
        Committee on Ways and Means, and the Committee on Veterans' 
        Affairs of the House of Representatives.
        (2) Covered secretary.--The term ``covered Secretary'' means 
    the Secretary of Homeland Security, the Secretary of Health and 
    Human Services, and the Secretary of Veterans Affairs.
        (3) Personal protective equipment.--The term ``personal 
    protective equipment'' means surgical masks, respirator masks and 
    powered air purifying respirators and required filters, face 
    shields and protective eyewear, gloves, disposable and reusable 
    surgical and isolation gowns, head and foot coverings, and other 
    gear or clothing used to protect an individual from the 
    transmission of disease.
        (4) United states.--The term ``United States'' means the 50 
    States, the District of Columbia, and the possessions of the United 
    States.
    (b) Contract Requirements for Domestic Production.--Beginning 90 
days after the date of the enactment of this Act, in order to ensure 
the sustainment and expansion of personal protective equipment 
manufacturing in the United States and meet the needs of the current 
pandemic response, any contract for the procurement of personal 
protective equipment entered into by a covered Secretary, or a covered 
Secretary's designee, shall--
        (1) be issued for a duration of at least 2 years, plus all 
    option periods necessary, to incentivize investment in the 
    production of personal protective equipment and the materials and 
    components thereof in the United States; and
        (2) be for personal protective equipment, including the 
    materials and components thereof, that is grown, reprocessed, 
    reused, or produced in the United States.
    (c) Alternatives to Domestic Production.--The requirement under 
subsection (b) shall not apply to an item of personal protective 
equipment, or component or material thereof if, after maximizing to the 
extent feasible sources consistent with subsection (b), the covered 
Secretary--
        (1) maximizes sources for personal protective equipment that is 
    assembled outside the United States containing only materials and 
    components that are grown, reprocessed, reused, or produced in the 
    United States; and
        (2) certifies every 120 days that it is necessary to procure 
    personal protective equipment under alternative procedures to 
    respond to the immediate needs of a public health emergency.
    (d) Availability Exception.--
        (1) In general.--Subsections (b) and (c) shall not apply to an 
    item of personal protective equipment, or component or material 
    thereof--
            (A) that is, or that includes, a material listed in section 
        25.104 of the Federal Acquisition Regulation as one for which a 
        non-availability determination has been made; or
            (B) as to which the covered Secretary determines that a 
        sufficient quantity of a satisfactory quality that is grown, 
        reprocessed, reused, or produced in the United States cannot be 
        procured as, and when, needed at United States market prices.
        (2) Certification requirement.--The covered Secretary shall 
    certify every 120 days that the exception under paragraph (1) is 
    necessary to meet the immediate needs of a public health emergency.
    (e) Report.--
        (1) In general.--Not later than 180 days after the date of the 
    enactment of this Act, the Director of the Office of Management and 
    Budget, in consultation with the covered Secretaries, shall submit 
    to the chairs and ranking members of the appropriate congressional 
    committees a report on the procurement of personal protective 
    equipment.
        (2) Elements.--The report required under paragraph (1) shall 
    include the following elements:
            (A) The United States long-term domestic procurement 
        strategy for PPE produced in the United States, including 
        strategies to incentivize investment in and maintain United 
        States supply chains for all PPE sufficient to meet the needs 
        of the United States during a public health emergency.
            (B) An estimate of long-term demand quantities for all PPE 
        items procured by the United States.
            (C) Recommendations for congressional action required to 
        implement the United States Government's procurement strategy.
            (D) A determination whether all notifications, amendments, 
        and other necessary actions have been completed to bring the 
        United States existing international obligations into 
        conformity with the statutory requirements of this subtitle.
    (f) Authorization of Transfer of Equipment.--
        (1) In general.--A covered Secretary may transfer to the 
    Strategic National Stockpile established under section 319F-2 of 
    the Public Health Service Act (42 U.S.C. 247d-6b) any excess 
    personal protective equipment acquired under a contract executed 
    pursuant to subsection (b).
        (2) Transfer of equipment during a public health emergency.--
            (A) Amendment.--Title V of the Homeland Security Act of 
        2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the 
        following:
    ``SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY.
    ``(a) Authorization of Transfer of Equipment.--During a public 
health emergency declared by the Secretary of Health and Human Services 
under section 319(a) of the Public Health Service Act (42 U.S.C. 
247d(a)), the Secretary, at the request of the Secretary of Health and 
Human Services, may transfer to the Department of Health and Human 
Services, on a reimbursable basis, excess personal protective equipment 
or medically necessary equipment in the possession of the Department.
    ``(b) Determination by Secretaries.--
        ``(1) In general.--In carrying out this section--
            ``(A) before requesting a transfer under subsection (a), 
        the Secretary of Health and Human Services shall determine 
        whether the personal protective equipment or medically 
        necessary equipment is otherwise available; and
            ``(B) before initiating a transfer under subsection (a), 
        the Secretary, in consultation with the heads of each component 
        within the Department, shall--
                ``(i) determine whether the personal protective 
            equipment or medically necessary equipment requested to be 
            transferred under subsection (a) is excess equipment; and
                ``(ii) certify that the transfer of the personal 
            protective equipment or medically necessary equipment will 
            not adversely impact the health or safety of officers, 
            employees, or contractors of the Department.
        ``(2) Notification.--The Secretary of Health and Human Services 
    and the Secretary shall each submit to Congress a notification 
    explaining the determination made under subparagraphs (A) and (B), 
    respectively, of paragraph (1).
        ``(3) Required inventory.--
            ``(A) In general.--The Secretary shall--
                ``(i) acting through the Chief Medical Officer of the 
            Department, maintain an inventory of all personal 
            protective equipment and medically necessary equipment in 
            the possession of the Department; and
                ``(ii) make the inventory required under clause (i) 
            available, on a continual basis, to--

                    ``(I) the Secretary of Health and Human Services; 
                and
                    ``(II) the Committee on Appropriations and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate and the Committee on Appropriations and 
                the Committee on Homeland Security of the House of 
                Representatives.

            ``(B) Form.--Each inventory required to be made available 
        under subparagraph (A) shall be submitted in unclassified form, 
        but may include a classified annex.''.
            (B) Table of contents amendment.--The table of contents in 
        section 1(b) of the Homeland Security Act of 2002 (Public Law 
        107-296; 116 Stat. 2135) is amended by inserting after the item 
        relating to section 528 the following:
``Sec. 529. Transfer of equipment during a public health emergency.''.

        (3) Strategic national stockpile.--Section 319F-2(a) of the 
    Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended by 
    adding at the end the following:
        ``(6) Transfers of items.--The Secretary, in coordination with 
    the Secretary of Homeland Security, may sell drugs, vaccines and 
    other biological products, medical devices, or other supplies 
    maintained in the stockpile under paragraph (1) to a Federal agency 
    or private, nonprofit, State, local, tribal, or territorial entity 
    for immediate use and distribution, provided that any such items 
    being sold are--
            ``(A) within 1 year of their expiration date; or
            ``(B) determined by the Secretary to no longer be needed in 
        the stockpile due to advances in medical or technical 
        capabilities.''.
    (g) Compliance With International Agreements.--The President or the 
President's designee shall take all necessary steps, including invoking 
the rights of the United States under Article III of the World Trade 
Organization's Agreement on Government Procurement and the relevant 
exceptions of other relevant agreements to which the United States is a 
party, to ensure that the international obligations of the United 
States are consistent with the provisions of this subtitle.

                       TITLE X--ASSET CONCESSIONS

SEC. 71001. ASSET CONCESSIONS.
    (a) Establishment of Program.--
        (1) In general.--Chapter 6 of title 23, United States Code, is 
    amended by adding at the end the following:
``Sec. 611. Asset concessions and innovative finance assistance
    ``(a) Definitions.--In this section:
        ``(1) Approved infrastructure asset.--The term `approved 
    infrastructure asset' means--
            ``(A) a project (as defined in section 601(a)); and
            ``(B) a group of projects (as defined in section 601(a)) 
        considered together in a single asset concession or long-term 
        lease to a concessionaire by 1 or more eligible entities.
        ``(2) Asset concession.--The term `asset concession' means a 
    contract between an eligible entity and a concessionaire--
            ``(A) under which--
                ``(i) the eligible entity agrees to enter into a 
            concession agreement or long-term lease with the 
            concessionaire relating to an approved infrastructure asset 
            owned, controlled, or maintained by the eligible entity;
                ``(ii) as consideration for the agreement or lease 
            described in clause (i), the concessionaire agrees--

                    ``(I) to provide to the eligible entity 1 or more 
                asset concession payments; and
                    ``(II) to maintain or exceed the condition, 
                performance, and service level of the approved 
                infrastructure asset, as compared to that condition, 
                performance, and service level on the date of execution 
                of the agreement or lease; and

                ``(iii) the eligible entity and the concessionaire 
            agree that the costs for a fiscal year of the agreement or 
            lease, and any project carried out under the agreement or 
            lease, shall not be shifted to any taxpayer the annual 
            household income of whom is less than $400,000 per year, 
            including through taxes, user fees, tolls, or any other 
            measure, for use of an approved infrastructure asset; and
            ``(B) the terms of which do not include any noncompete or 
        exclusivity restriction (or any other, similar restriction) on 
        the approval of another project.
        ``(3) Asset concession payment.--The term `asset concession 
    payment' means a payment that--
            ``(A) is made by a concessionaire to an eligible entity for 
        fair market value that is determined as part of the asset 
        concession; and
            ``(B) may be--
                ``(i) a payment made at the financial close of an asset 
            concession; or
                ``(ii) a series of payments scheduled to be made for--

                    ``(I) a fixed period; or
                    ``(II) the term of an asset concession.

        ``(4) Concessionaire.--The term `concessionaire' means a 
    private individual or a private or publicly chartered corporation 
    or entity that enters into an asset concession with an eligible 
    entity.
        ``(5) Eligible entity.--
            ``(A) In general.--The term `eligible entity' means an 
        entity described in subparagraph (B) that--
                ``(i) owns, controls, or maintains an approved 
            infrastructure asset; and
                ``(ii) has the legal authority to enter into a contract 
            to transfer ownership, maintenance, operations, revenues, 
            or other benefits and responsibilities for an approved 
            infrastructure asset.
            ``(B) Entities described.--An entity referred to in 
        subparagraph (A) is any of the following:
                ``(i) A State.
                ``(ii) A Tribal government.
                ``(iii) A unit of local government.
                ``(iv) An agency or instrumentality of a State, Tribal 
            government, or unit of local government.
                ``(v) A special purpose district or public authority.
    ``(b) Establishment.--The Secretary shall establish a program to 
facilitate access to expert services for, and to provide grants to, 
eligible entities to enhance the technical capacity of eligible 
entities to facilitate and evaluate public-private partnerships in 
which the private sector partner could assume a greater role in project 
planning, development, financing, construction, maintenance, and 
operation, including by assisting eligible entities in entering into 
asset concessions.
    ``(c) Applications.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(d) Eligible Activities.--
        ``(1) Technical assistance grants.--An eligible entity may use 
    amounts made available from a grant under this section for 
    technical assistance to build the organizational capacity of the 
    eligible entity to develop, review, or enter into an asset 
    concession, including for--
            ``(A) identifying appropriate assets or projects for asset 
        concessions;
            ``(B) soliciting and negotiating asset concessions, 
        including hiring staff in public agencies;
            ``(C) conducting a value-for-money analysis, or a 
        comparable analysis, to evaluate the comparative benefits of 
        asset concessions and public debt or other procurement methods;
            ``(D) evaluating options for the structure and use of asset 
        concession payments;
            ``(E) evaluating and publicly presenting the risks and 
        benefits of all contract provisions for the purpose of 
        transparency and accountability;
            ``(F) identifying best practices to protect the public 
        interest and priorities;
            ``(G) identifying best practices for managing 
        transportation demand and mobility along a corridor, including 
        through provisions of the asset concession, to facilitate 
        transportation demand management strategies along the corridor 
        that is subject to the asset concession; and
            ``(H) integrating and coordinating pricing, data, and fare 
        collection with other regional operators that exist or may be 
        developed.
        ``(2) Expert services.--An eligible entity seeking to leverage 
    public and private funding in connection with the development of an 
    early-stage approved infrastructure asset, including in the 
    development of alternative approaches to project delivery or 
    procurement, may use amounts made available from a grant under this 
    section to retain the services of an expert firm to provide to the 
    eligible entity direct project level assistance, which services may 
    include--
            ``(A) project planning, feasibility studies, revenue 
        forecasting, economic assessments and cost-benefit analyses, 
        public benefit studies, value-for-money analyses, business case 
        development, lifecycle cost analyses, risk assessment, 
        financing and funding options analyses, procurement 
        alternatives analyses, statutory and regulatory framework 
        analyses and other pre-procurement and pre-construction 
        activities;
            ``(B) financial and legal planning (including the 
        identification of statutory authorization, funding, and 
        financing options);
            ``(C) early assessment of permitting, environmental review, 
        and regulatory processes and costs; and
            ``(D) assistance with entering into an asset concession.
    ``(e) Distribution.--
        ``(1) Maximum amount.--
            ``(A) Technical assistance grants.--The maximum amount of a 
        technical assistance grant under subsection (d)(1) shall be 
        $2,000,000.
            ``(B) Expert services.--The maximum amount of the value of 
        expert services retained by an eligible entity under subsection 
        (d)(2) shall be $2,000,000.
        ``(2) Cost sharing.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the Federal share of the cost of an activity carried out under 
        this section may be up to 100 percent.
            ``(B) Certain projects.--If the amount of the grant 
        provided to an eligible entity under this section is more than 
        $1,000,000, the Federal share of the cost of an activity 
        carried out using grant amounts in excess of $1,000,000 shall 
        be 50 percent.
        ``(3) Statewide maximum.--The aggregate amount made available 
    under this section to eligible entities within a State shall not 
    exceed, on a cumulative basis for all eligible entities within the 
    State during any 3-year period, $4,000,000.
    ``(f) Requirements.--
        ``(1) In general.--The Secretary shall ensure that, as a 
    condition of receiving a grant under this section, for any asset 
    concession for which the grant provides direct assistance--
            ``(A) the asset concession shall not prohibit, discourage, 
        or make it more difficult for an eligible entity to construct 
        new infrastructure, to provide or expand transportation 
        services, or to manage associated infrastructure in publicly 
        beneficial ways, along a transportation corridor or in the 
        proximity of a transportation facility that was a part of the 
        asset concession;
            ``(B) the eligible entity shall have adopted binding rules 
        to publish all major business terms of the proposed asset 
        concession not later than the date that is 30 days before 
        entering into the asset concession, to enable public review, 
        including a certification of public interest based on the 
        results of an assessment under subparagraph (D);
            ``(C) the asset concession shall not result in 
        displacement, job loss, or wage reduction for the existing 
        workforce of the eligible entity or other public entities;
            ``(D) the eligible entity or the concessionaire shall carry 
        out a value-for-money analysis, or similar assessment, to 
        compare the aggregate costs and benefits to the eligible entity 
        of the asset concession against alternative options to 
        determine whether the asset concession generates additional 
        public benefits and serves the public interest;
            ``(E) the full amount of any asset concession payment 
        received by the eligible entity under the asset concession, 
        less any amount paid for transaction costs relating to the 
        asset concession, shall be used to pay infrastructure costs of 
        the eligible entity; and
            ``(F) the terms of the asset concession shall not result in 
        any increase in costs under the asset concession being shifted 
        to taxpayers the annual household income of whom is less than 
        $400,000 per year, including through taxes, user fees, tolls, 
        or any other measure, for use of an approved infrastructure 
        asset.
        ``(2) Audit.--Not later than 3 years after the date on which an 
    eligible entity enters into an asset concession as a result of a 
    grant under this section--
            ``(A) the eligible entity shall hire an independent auditor 
        to evaluate the performance of the concessionaire based on the 
        requirements described in paragraph (1); and
            ``(B) the independent auditor shall submit to the eligible 
        entity, and make publicly available, a report describing the 
        results of the audit under subparagraph (A).
        ``(3) Treatment.--Unless otherwise provided under paragraph 
    (1), the Secretary shall not, as a condition of receiving a grant 
    under this section, prohibit or otherwise prevent an eligible 
    entity from entering into, or receiving any asset concession 
    payment under, an asset concession for an approved infrastructure 
    asset owned, controlled, or maintained by the eligible entity.
        ``(4) Applicability of federal laws.--Nothing in this section 
    exempts a concessionaire or an eligible entity from a compliance 
    obligation with respect to any applicable Federal or State law that 
    would otherwise apply to the concessionaire, the eligible entity, 
    or an approved infrastructure asset.
    ``(g) Funding.--
        ``(1) In general.--On October 1, 2021, and on each October 1 
    thereafter through October 1, 2025, out of any funds in the 
    Treasury not otherwise appropriated, the Secretary of the Treasury 
    shall transfer to the Secretary to carry out this section 
    $20,000,000, to remain available until expended.
        ``(2) Receipt and acceptance.--The Secretary shall be entitled 
    to receive, shall accept, and shall use to carry out this section 
    the funds transferred under paragraph (1), without further 
    appropriation.''.
        (2) Clerical amendment.--The analysis for chapter 6 of title 
    23, United States Code, is amended by adding at the end the 
    following:
``611. Asset concessions and innovative finance assistance.''.

    (b) Asset Recycling Report.--Not later than August 1, 2024, the 
Secretary shall submit to Congress a report that includes--
        (1) an analysis of any impediments in applicable laws, 
    regulations, and practices to increased use of public-private 
    partnerships and private investment in transportation improvements; 
    and
        (2) proposals for approaches that address those impediments 
    while continuing to protect the public interest and any public 
    investment in transportation improvements.

                TITLE XI--CLEAN SCHOOL BUSES AND FERRIES

SEC. 71101. CLEAN SCHOOL BUS PROGRAM.
    Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is 
amended to read as follows:
    ``SEC. 741. CLEAN SCHOOL BUS PROGRAM.
    ``(a) Definitions.--In this section:
        ``(1) Administrator.--The term `Administrator' means the 
    Administrator of the Environmental Protection Agency.
        ``(2) Alternative fuel.--The term `alternative fuel' means 
    liquefied natural gas, compressed natural gas, hydrogen, propane, 
    or biofuels.
        ``(3) Clean school bus.--The term `clean school bus' means a 
    school bus that--
            ``(A) the Administrator certifies reduces emissions and is 
        operated entirely or in part using an alternative fuel; or
            ``(B) is a zero-emission school bus.
        ``(4) Eligible contractor.--The term `eligible contractor' 
    means a contractor that is a for-profit, not-for-profit, or 
    nonprofit entity that has the capacity--
            ``(A) to sell clean school buses, zero-emission school 
        buses, charging or fueling infrastructure, or other equipment 
        needed to charge, fuel, or maintain clean school buses or zero-
        emission school buses, to individuals or entities that own a 
        school bus or a fleet of school buses; or
            ``(B) to arrange financing for such a sale.
        ``(5) Eligible recipient.--
            ``(A) In general.--Subject to subparagraph (B), the term 
        `eligible recipient' means--
                ``(i) 1 or more local or State governmental entities 
            responsible for--

                    ``(I) providing school bus service to 1 or more 
                public school systems; or
                    ``(II) the purchase of school buses;

                ``(ii) an eligible contractor;
                ``(iii) a nonprofit school transportation association; 
            or
                ``(iv) an Indian Tribe (as defined in section 4 of the 
            Indian Self-Determination and Education Assistance Act (25 
            U.S.C. 5304)), Tribal organization (as defined in that 
            section), or tribally controlled school (as defined in 
            section 5212 of the Tribally Controlled Schools Act of 1988 
            (25 U.S.C. 2511)) that is responsible for--

                    ``(I) providing school bus service to 1 or more 
                Bureau-funded schools (as defined in section 1141 of 
                the Education Amendments of 1978 (25 U.S.C. 2021)); or
                    ``(II) the purchase of school buses.

            ``(B) Special requirements.--In the case of eligible 
        recipients identified under clauses (ii) and (iii) of 
        subparagraph (A), the Administrator shall establish timely and 
        appropriate requirements for notice and shall establish timely 
        and appropriate requirements for approval by the public school 
        systems that would be served by buses purchased using award 
        funds made available under this section.
        ``(6) High-need local educational agency.--The term `high-need 
    local educational agency' means a local educational agency (as 
    defined in section 8101 of the Elementary and Secondary Education 
    Act of 1965 (20 U.S.C. 7801)) that is among the local educational 
    agencies in the applicable State with high percentages of children 
    counted under section 1124(c) of the Elementary and Secondary 
    Education Act of 1965 (20 U.S.C. 6333(c)), on the basis of the most 
    recent satisfactory data available, as determined by the Secretary 
    of Education (or, for a local educational agency for which no such 
    data is available, such other data as the Secretary of Education 
    determines to be satisfactory).
        ``(7) School bus.--The term `school bus' has the meaning given 
    the term `schoolbus' in section 30125(a) of title 49, United States 
    Code.
        ``(8) Zero-emission school bus.--The term `zero-emission school 
    bus' means a school bus that is certified by the Administrator to 
    have a drivetrain that produces, under any possible operational 
    mode or condition, zero exhaust emission of--
            ``(A) any air pollutant that is listed pursuant to section 
        108(a) of the Clean Air Act (42 U.S.C. 7408(a)) (or any 
        precursor to such an air pollutant); and
            ``(B) any greenhouse gas.
    ``(b) Program for Replacement of Existing School Buses With Clean 
School Buses and Zero-emission School Buses.--
        ``(1) Establishment.--The Administrator shall establish a 
    program--
            ``(A) to award grants and rebates on a competitive basis to 
        eligible recipients for the replacement of existing school 
        buses with clean school buses;
            ``(B) to award grants and rebates on a competitive basis to 
        eligible recipients for the replacement of existing school 
        buses with zero-emission school buses;
            ``(C) to award contracts to eligible contractors to provide 
        rebates for the replacement of existing school buses with clean 
        school buses; and
            ``(D) to award contracts to eligible contractors to provide 
        rebates for the replacement of existing school buses with zero-
        emission school buses.
        ``(2) Allocation of funds.--Of the amounts made available for 
    awards under paragraph (1) in a fiscal year, the Administrator 
    shall award--
            ``(A) 50 percent to replace existing school buses with 
        zero-emission school buses; and
            ``(B) 50 percent to replace existing school buses with 
        clean school buses and zero-emission school buses.
        ``(3) Considerations.--In making awards under paragraph (2)(B), 
    the Administrator shall take into account the following criteria 
    and shall not give preference to any individual criterion:
            ``(A) Lowest overall cost of bus replacement.
            ``(B) Local conditions, including the length of bus routes 
        and weather conditions.
            ``(C) Technologies that most reduce emissions.
            ``(D) Whether funds will bring new technologies to scale or 
        promote cost parity between old technology and new technology.
        ``(4) Priority of applications.--In making awards under 
    paragraph (1), the Administrator may prioritize applicants that--
            ``(A) propose to replace school buses that serve--
                ``(i) a high-need local educational agency;
                ``(ii) a Bureau-funded school (as defined in section 
            1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); 
            or
                ``(iii) a local educational agency that receives a 
            basic support payment under section 7003(b)(1) of the 
            Elementary and Secondary Education Act of 1965 (20 U.S.C. 
            7703(b)(1)) for children who reside on Indian land;
            ``(B) serve rural or low-income areas; or
            ``(C) propose to complement the assistance received through 
        the award by securing additional sources of funding for the 
        activities supported through the award, such as through--
                ``(i) public-private partnerships;
                ``(ii) grants from other entities; or
                ``(iii) issuance of school bonds.
        ``(5) Use of school bus fleet.--All clean school buses and 
    zero-emission school buses acquired with funds provided under this 
    section shall--
            ``(A) be operated as part of the school bus fleet for which 
        the award was made for not less than 5 years;
            ``(B) be maintained, operated, and charged or fueled 
        according to manufacturer recommendations or State 
        requirements; and
            ``(C) not be manufactured or retrofitted with, or otherwise 
        have installed, a power unit or other technology that creates 
        air pollution within the school bus, such as an unvented diesel 
        passenger heater.
        ``(6) Awards.--
            ``(A) In general.--In making awards under paragraph (1), 
        the Administrator may make awards for up to 100 percent of the 
        costs for replacement of existing school buses with clean 
        school buses, zero-emission school buses, and charging or 
        fueling infrastructure.
            ``(B) Structuring awards.--In making an award under 
        paragraph (1)(A), the Administrator shall decide whether to 
        award a grant or rebate, or a combination thereof, based 
        primarily on how best to facilitate replacing existing school 
        buses with clean school buses or zero-emission school buses, as 
        applicable.
        ``(7) Deployment and distribution.--
            ``(A) In general.--The Administrator shall--
                ``(i) to the maximum extent practicable, achieve 
            nationwide deployment of clean school buses and zero-
            emission school buses through the program under this 
            section; and
                ``(ii) ensure a broad geographic distribution of 
            awards.
            ``(B) Limitation.--The Administrator shall ensure that the 
        amount received by all eligible entities in a State from grants 
        and rebates under this section does not exceed 10 percent of 
        the amounts made available to carry out this section during a 
        fiscal year.
        ``(8) Annual report.--Not later than January 31 of each year, 
    the Administrator shall submit to Congress a report that evaluates 
    the implementation of this section and describes--
            ``(A) the total number of applications received;
            ``(B) the quantity and amount of grants and rebates awarded 
        and the location of the recipients of the grants and rebates;
            ``(C) the criteria used to select the recipients; and
            ``(D) any other information the Administrator considers 
        appropriate.
    ``(c) Education and Outreach.--
        ``(1) In general.--Not later than 120 days after the date of 
    enactment of the Infrastructure Investment and Jobs Act, the 
    Administrator shall develop an education and outreach program to 
    promote and explain the award program under this section.
        ``(2) Coordination with stakeholders.--The education and 
    outreach program under paragraph (1) shall be designed and 
    conducted in conjunction with interested stakeholders.
        ``(3) Components.--The education and outreach program under 
    paragraph (1) shall--
            ``(A) inform potential award recipients on the process of 
        applying for awards and fulfilling the requirements of awards;
            ``(B) describe the available technologies and the benefits 
        of using the technologies;
            ``(C) explain the benefits and costs incurred by 
        participating in the award program;
            ``(D) make available information regarding best practices, 
        lessons learned, and technical and other information 
        regarding--
                ``(i) clean school bus and zero-emission school bus 
            acquisition and deployment;
                ``(ii) the build-out of associated infrastructure and 
            advance planning with the local electricity supplier;
                ``(iii) workforce development, training, and Registered 
            Apprenticeships that meet the requirements under parts 29 
            and 30 of title 29, Code of Federal Regulations (as in 
            effect on December 1, 2019); and
                ``(iv) any other information that is necessary, as 
            determined by the Administrator; and
            ``(E) include, as appropriate, information from the annual 
        report required under subsection (b)(7).
    ``(d) Administrative Costs.--The Administrator may use, for the 
administrative costs of carrying out this section, not more than 3 
percent of the amounts made available to carry out this section for any 
fiscal year.
    ``(e) Regulations.--The Administrator shall have the authority to 
issue such regulations or other guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner, result in emissions 
reductions, and maximize public health benefits.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section, to remain 
available until expended, $1,000,000,000 for each of fiscal years 2022 
through 2026, of which--
        ``(1) $500,000,000 shall be made available for the adoption of 
    clean school buses and zero-emission school buses; and
        ``(2) $500,000,000 shall be made available for the adoption of 
    zero-emission school buses.''.
SEC. 71102. ELECTRIC OR LOW-EMITTING FERRY PILOT PROGRAM.
    (a) Definitions.--In this section:
        (1) Alternative fuel.--The term ``alternative fuel'' means--
            (A) methanol, denatured ethanol, and other alcohols;
            (B) a mixture containing at least 85 percent of methanol, 
        denatured ethanol, and other alcohols by volume with gasoline 
        or other fuels;
            (C) natural gas;
            (D) liquefied petroleum gas;
            (E) hydrogen;
            (F) fuels (except alcohol) derived from biological 
        materials;
            (G) electricity (including electricity from solar energy); 
        and
            (H) any other fuel the Secretary prescribes by regulation 
        that is not substantially petroleum and that would yield 
        substantial energy security and environmental benefits.
        (2) Electric or low-emitting ferry.--The term ``electric or 
    low-emitting ferry'' means a ferry that reduces emissions by 
    utilizing alternative fuels or onboard energy storage systems and 
    related charging infrastructure to reduce emissions or produce zero 
    onboard emissions under normal operation.
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    Transportation.
    (b) Establishment.--The Secretary shall carry out a pilot program 
to provide grants for the purchase of electric or low-emitting ferries 
and the electrification of or other reduction of emissions from 
existing ferries.
    (c) Requirement.--In carrying out the pilot program under this 
section, the Secretary shall ensure that--
        (1) not less than 1 grant under this section shall be for a 
    ferry service that serves the State with the largest number of 
    Marine Highway System miles; and
        (2) not less than 1 grant under this section shall be for a bi-
    State ferry service--
            (A) with an aging fleet; and
            (B) whose development of zero and low emission power source 
        ferries will propose to advance the state of the technology 
        toward increasing the range and capacity of zero emission power 
        source ferries.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
each of fiscal years 2022 through 2026.
SEC. 71103. FERRY SERVICE FOR RURAL COMMUNITIES.
    (a) Definitions.--In this section:
        (1) Basic essential ferry service.--The term ``basic essential 
    ferry service'' means scheduled ferry transportation service.
        (2) Eligible service.--The term ``eligible service'' means a 
    ferry service that--
            (A) operated a regular schedule at any time during the 5-
        year period ending on March 1, 2020; and
            (B) served not less than 2 rural areas located more than 50 
        sailing miles apart.
        (3) Rural area.--The term ``rural area'' has the meaning given 
    the term in section 5302 of title 49, United States Code.
        (4) Secretary.--The term ``Secretary'' means the Secretary of 
    Transportation.
    (b) Establishment.--The Secretary shall establish a program to 
ensure that basic essential ferry service is provided to rural areas by 
providing funds to States to provide such basic essential ferry 
service.
    (c) Program Criteria.--The Secretary shall establish requirements 
and criteria for participation in the program under this section, 
including requirements for the provision of funds to States.
    (d) Waivers.--The Secretary shall establish criteria for the waiver 
of any requirement under this section.
    (e) Treatment.--
        (1) Not attributable to urbanized areas.--An eligible service 
    that receives funds from a State under this section shall not be 
    attributed to an urbanized area for purposes of apportioning funds 
    under chapter 53 of title 49, United States Code.
        (2) No receipt of certain apportioned funds.--An eligible 
    service that receives funds from a State under this section shall 
    not receive funds apportioned under section 5336 or 5337 of title 
    49, United States Code, in the same fiscal year.
    (f) Funding.--There is authorized to be appropriated to the 
Secretary to carry out this section $200,000,000 for each of fiscal 
years 2022 through 2026.
    (g) Operating Costs.--
        (1) Section 147 of title 23, United States Code, is amended by 
    adding at the end the following:
    ``(k) Additional Uses.--Notwithstanding any other provision of law, 
in addition to other uses of funds under this section, an eligible 
entity may use amounts made available under this section to pay the 
operating costs of the eligible entity.''.
        (2) Section 218(c) of title 23, United States Code (as amended 
    by section 11116 of division A), is amended by inserting 
    ``operation, repair,'' after ``purchase,''.
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''.

                     DIVISION H--REVENUE PROVISIONS
                      TITLE I--HIGHWAY TRUST FUND

SEC. 80101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.
    (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code 
of 1986 is amended--
        (1) by striking ``October 1, 2021'' in subsections (b)(6)(B), 
    (c)(1), and (e)(3) and inserting ``October 1, 2026'', and
        (2) by striking ``Continuing Appropriations Act, 2021 and Other 
    Extensions Act'' in subsections (c)(1) and (e)(3) and inserting 
    ``Infrastructure Investment and Jobs Act''.
    (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of 
such Code is amended--
        (1) by striking ``Continuing Appropriations Act, 2021 and Other 
    Extensions Act'' each place it appears in subsection (b)(2) and 
    inserting ``Infrastructure Investment and Jobs Act'', and
        (2) by striking ``October 1, 2021'' in subsection (d)(2) and 
    inserting ``October 1, 2026''.
    (c) Leaking Underground Storage Tank Trust Fund.--Section 
9508(e)(2) of such Code is amended by striking ``October 1, 2021'' and 
inserting ``October 1, 2026''.
SEC. 80102. EXTENSION OF HIGHWAY-RELATED TAXES.
    (a) In General.--
        (1) Each of the following provisions of the Internal Revenue 
    Code of 1986 is amended by striking ``September 30, 2022'' and 
    inserting ``September 30, 2028'':
            (A) Section 4041(a)(1)(C)(iii)(I).
            (B) Section 4041(m)(1)(B).
            (C) Section 4081(d)(1).
        (2) Each of the following provisions of such Code is amended by 
    striking ``October 1, 2022'' and inserting ``October 1, 2028'':
            (A) Section 4041(m)(1)(A).
            (B) Section 4051(c).
            (C) Section 4071(d).
            (D) Section 4081(d)(3).
    (b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each 
of the following provisions of the Internal Revenue Code of 1986 is 
amended by striking ``2023'' each place it appears and inserting 
``2029'':
        (1) Section 4481(f).
        (2) Subsections (c)(4) and (d) of section 4482.
    (c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal 
Revenue Code of 1986 is amended--
        (1) by striking ``October 1, 2022'' each place it appears and 
    inserting ``October 1, 2028'';
        (2) by striking ``March 31, 2023'' each place it appears and 
    inserting ``March 31, 2029''; and
        (3) by striking ``January 1, 2023'' and inserting ``January 1, 
    2029''.
    (d) Extension of Certain Exemptions.--
        (1) Section 4221(a) of the Internal Revenue Code of 1986 is 
    amended by striking ``October 1, 2022'' and inserting ``October 1, 
    2028''.
        (2) Section 4483(i) of such Code is amended by striking 
    ``October 1, 2023'' and inserting ``October 1, 2029''.
    (e) Extension of Transfers of Certain Taxes.--
        (1) In general.--Section 9503 of the Internal Revenue Code of 
    1986 is amended--
            (A) in subsection (b)--
                (i) by striking ``October 1, 2022'' each place it 
            appears in paragraphs (1) and (2) and inserting ``October 
            1, 2028'';
                (ii) by striking ``October 1, 2022'' in the heading of 
            paragraph (2) and inserting ``October 1, 2028'';
                (iii) by striking ``September 30, 2022'' in paragraph 
            (2) and inserting ``September 30, 2028''; and
                (iv) by striking ``July 1, 2023'' in paragraph (2) and 
            inserting ``July 1, 2029''; and
            (B) in subsection (c)(2), by striking ``July 1, 2023'' and 
        inserting ``July 1, 2029''.
        (2) Motorboat and small-engine fuel tax transfers.--
            (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of section 
        9503(c) of such Code are each amended by striking ``October 1, 
        2022'' and inserting ``October 1, 2028''.
            (B) Conforming amendments to land and water conservation 
        fund.--Section 200310 of title 54, United States Code, is 
        amended--
                (i) by striking ``October 1, 2023'' each place it 
            appears and inserting ``October 1, 2029''; and
                (ii) by striking ``October 1, 2022'' and inserting 
            ``October 1, 2028''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2021.
SEC. 80103. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
    Subsection (f) of section 9503 of the Internal Revenue Code of 1986 
is amended by redesignating paragraph (11) as paragraph (12) and 
inserting after paragraph (10) the following new paragraph:
        ``(11) Further transfers to trust fund.--Out of money in the 
    Treasury not otherwise appropriated, there is hereby appropriated--
            ``(A) $90,000,000,000 to the Highway Account (as defined in 
        subsection (e)(5)(B)) in the Highway Trust Fund; and
            ``(B) $28,000,000,000 to the Mass Transit Account in the 
        Highway Trust Fund.''.

                      TITLE II--CHEMICAL SUPERFUND

SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN SUPERFUND EXCISE 
TAXES.
    (a) Extension.--
        (1) In general.--Section 4661(c) of the Internal Revenue Code 
    of 1986 is amended to read as follows:
    ``(c) Termination.--No tax shall be imposed by this section after 
December 31, 2031.''.
        (2) Imported substances.--Section 4671(e) of the Internal 
    Revenue Code of 1986 is amended to read as follows:
    ``(e) Termination.--No tax shall be imposed by this section after 
December 31, 2031.''.
    (b) Modification of Rates.--
        (1) In general.--Section 4661(b) of the Internal Revenue Code 
    of 1986 is amended to read as follows:
    ``(b) Amount of Tax.--The amount of tax imposed by subsection (a) 
shall be determined in accordance with the following table:


------------------------------------------------------------------------
                                                The tax is the following
              ``In the case of:                     amount per ton:
------------------------------------------------------------------------
Acetylene....................................                      $9.74
Benzene......................................                       9.74
Butane.......................................                       9.74
Butylene.....................................                       9.74
Butadiene....................................                       9.74
Ethylene.....................................                       9.74
Methane......................................                       6.88
Napthalene...................................                       9.74
Propylene....................................                       9.74
Toluene......................................                       9.74
Xylene.......................................                       9.74
Ammonia......................................                       5.28
Antimony.....................................                       8.90
Antimony trioxide............................                       7.50
Arsenic......................................                       8.90
Arsenic trioxide.............................                       6.82
Barium sulfide...............................                       4.60
Bromine......................................                       8.90
Cadmium......................................                       8.90
Chlorine.....................................                       5.40
Chromium.....................................                       8.90
Chromite.....................................                       3.04
Potassium dichromate.........................                       3.38
Sodium dichromate............................                       3.74
Cobalt.......................................                       8.90
Cupric sulfate...............................                       3.74
Cupric oxide.................................                       7.18
Cuprous oxide................................                       7.94
Hydrochloric acid............................                       0.58
Hydrogen fluoride............................                       8.46
Lead oxide...................................                       8.28
Mercury......................................                       8.90
Nickel.......................................                       8.90
Phosphorus...................................                       8.90
Stannous chloride............................                       5.70
Stannic chloride.............................                       4.24
Zinc chloride................................                       4.44
Zinc sulfate.................................                       3.80
Potassium hydroxide..........................                       0.44
Sodium hydroxide.............................                       0.56
Sulfuric acid................................                       0.52
Nitric acid..................................                   0.48.''.
------------------------------------------------------------------------


    ''.    (2) Rate on taxable substances where importer does not 
    furnish information to the secretary.--Section 4671(b)(2) of such 
    Code is amended by striking ``5 percent'' and inserting ``10 
    percent''.
    (c) Rules Relating to Taxable Substances.--
        (1) Modification of determination of taxable substances.--
    Section 4672(a)(2)(B) of the Internal Revenue Code of 1986 is 
    amended by striking ``50 percent'' each place it appears and 
    inserting ``20 percent''.
        (2) Presumption as a taxable substance for prior 
    determinations.--Except as otherwise determined by the Secretary of 
    the Treasury (or the Secretary's delegate), any substance which was 
    determined to be a taxable substance by reason of section 
    4672(a)(2) of the Internal Revenue Code of 1986 prior to the date 
    of enactment of this Act shall continue to be treated as a taxable 
    substance for purposes of such section after such date.
        (3) Publication of initial list.--Not later than January 1, 
    2022, the Secretary of the Treasury (or the Secretary's delegate) 
    shall publish an initial list of taxable substances under section 
    4672(a) of the Internal Revenue Code of 1986.
    (d) Effective Date.--The amendments made by this section shall take 
effect on July 1, 2022.

                      TITLE III--CUSTOMS USER FEES

SEC. 80301. EXTENSION OF CUSTOMS USER FEES.
    (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
        (1) in subparagraph (A), by striking ``September 30, 2030'' and 
    inserting ``September 30, 2031''; and
        (2) in subparagraph (B)(i), by striking ``September 30, 2030'' 
    and inserting ``September 30, 2031''.
    (b) Rate for Merchandise Processing Fees.--Section 503 of the 
United States-Korea Free Trade Agreement Implementation Act (Public Law 
112-41; 19 U.S.C. 3805 note) is amended by striking ``September 30, 
2030'' and inserting ``September 30, 2031''.

                       TITLE IV--BOND PROVISIONS

SEC. 80401. PRIVATE ACTIVITY BONDS FOR QUALIFIED BROADBAND PROJECTS.
    (a) In General.--Section 142(a) of the Internal Revenue Code of 
1986 is amended by striking ``or'' at the end of paragraph (14), by 
striking the period at the end of paragraph (15) and inserting ``, 
or'', and by adding at the end the following new paragraph:
        ``(16) qualified broadband projects.''.
    (b) Qualified Broadband Projects.--Section 142 of such Code is 
amended by adding at the end the following new subsection:
    ``(n) Qualified Broadband Project.--
        ``(1) In general.--For purposes of subsection (a)(16), the term 
    `qualified broadband project' means any project which--
            ``(A) is designed to provide broadband service solely to 1 
        or more census block groups in which more than 50 percent of 
        residential households do not have access to fixed, terrestrial 
        broadband service which delivers at least 25 megabits per 
        second downstream and at least 3 megabits service upstream, and
            ``(B) results in internet access to residential locations, 
        commercial locations, or a combination of residential and 
        commercial locations at speeds not less than 100 megabits per 
        second for downloads and 20 megabits for second for uploads, 
        but only if at least 90 percent of the locations provided such 
        access under the project are locations where, before the 
        project, a broadband service provider--
                ``(i) did not provide service, or
                ``(ii) did not provide service meeting the minimum 
            speed requirements described in subparagraph (A).
        ``(2) Notice to broadband providers.--A project shall not be 
    treated as a qualified broadband project unless, before the issue 
    date of any issue the proceeds of which are to be used to fund the 
    project, the issuer--
            ``(A) notifies each broadband service provider providing 
        broadband service in the area within which broadband services 
        are to be provided under the project of the project and its 
        intended scope,
            ``(B) includes in such notice a request for information 
        from each such provider with respect to the provider's ability 
        to deploy, manage, and maintain a broadband network capable of 
        providing gigabit capable Internet access to residential or 
        commercial locations, and
            ``(C) allows each such provider at least 90 days to respond 
        to such notice and request.''.
    (c) Partial Exception From Volume Cap.--
        (1) In general.--Section 146(g) of the Internal Revenue Code of 
    1986 is amended by striking ``and'' at the end of paragraph (3), by 
    striking the period at the end of paragraph (4) and inserting ``, 
    and'', and by inserting immediately after paragraph (4) the 
    following new paragraph:
        ``(5) 75 percent of any exempt facility bond issued as part of 
    an issue described in paragraph (16) of section 142(a) (relating to 
    qualified broadband projects).''.
        (2) Government-owned projects.--The last sentence of section 
    146(g) of such Code is amended by striking ``Paragraph (4)'' and 
    inserting ``Paragraphs (4) and (5)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to obligations issued in calendar years beginning after the date 
of the enactment of this Act.
SEC. 80402. CARBON DIOXIDE CAPTURE FACILITIES.
    (a) In General.--Section 142(a) of the Internal Revenue Code of 
1986, as amended by section 80401, is amended by striking ``or'' at the 
end of paragraph (15), by striking the period at the end of paragraph 
(16) and inserting ``, or'', and by adding at the end the following new 
paragraph:
        ``(17) qualified carbon dioxide capture facilities.''.
    (b) Qualified Carbon Dioxide Capture Facilities.--Section 142 of 
such Code, as amended by section 80401, is amended by adding at the end 
the following new subsection:
    ``(o) Qualified Carbon Dioxide Capture Facility.--
        ``(1) In general.--For purposes of subsection (a)(17), the term 
    `qualified carbon dioxide capture facility' means--
            ``(A) the eligible components of an industrial carbon 
        dioxide facility, and
            ``(B) a direct air capture facility (as defined in section 
        45Q(e)(1)).
        ``(2) Definitions.--For purposes of this subsection:
            ``(A) Eligible component.--
                ``(i) In general.--The term `eligible component' means 
            any equipment which is installed in an industrial carbon 
            dioxide facility that satisfies the requirements under 
            paragraph (3) and which is--

                    ``(I) used for the purpose of capture, treatment 
                and purification, compression, transportation, or on-
                site storage of carbon dioxide produced by the 
                industrial carbon dioxide facility, or
                    ``(II) integral or functionally related and 
                subordinate to a process which converts a solid or 
                liquid product from coal, petroleum residue, biomass, 
                or other materials which are recovered for their energy 
                or feedstock value into a synthesis gas composed 
                primarily of carbon dioxide and hydrogen for direct use 
                or subsequent chemical or physical conversion.

                ``(ii) Definitions.--For purposes of this 
            subparagraph--

                    ``(I) Biomass.--

                        ``(aa) In general.--The term `biomass' means 
                    any--
                            ``(AA) agricultural or plant waste,
                            ``(BB) byproduct of wood or paper mill 
                        operations, including lignin in spent pulping 
                        liquors, and
                            ``(CC) other products of forestry 
                        maintenance.
                        ``(bb) Exclusion.--The term `biomass' does not 
                    include paper which is commonly recycled.

                    ``(II) Coal.--The term `coal' means anthracite, 
                bituminous coal, subbituminous coal, lignite, and peat.

            ``(B) Industrial carbon dioxide facility.--
                ``(i) In general.--Except as provided in clause (ii), 
            the term `industrial carbon dioxide facility' means a 
            facility that emits carbon dioxide (including from any 
            fugitive emissions source) that is created as a result of 
            any of the following processes:

                    ``(I) Fuel combustion.
                    ``(II) Gasification.
                    ``(III) Bioindustrial.
                    ``(IV) Fermentation.
                    ``(V) Any manufacturing industry relating to--

                        ``(aa) chemicals,
                        ``(bb) fertilizers,
                        ``(cc) glass,
                        ``(dd) steel,
                        ``(ee) petroleum residues,
                        ``(ff) forest products,
                        ``(gg) agriculture, including feedlots and 
                    dairy operations, and
                        ``(hh) transportation grade liquid fuels.
                ``(ii) Exceptions.--For purposes of clause (i), an 
            industrial carbon dioxide facility shall not include--

                    ``(I) any geological gas facility, or
                    ``(II) any air separation unit that--

                        ``(aa) does not qualify as gasification 
                    equipment, or
                        ``(bb) is not a necessary component of an oxy-
                    fuel combustion process.
                ``(iii) Definitions.--For purposes of this 
            subparagraph--

                    ``(I) Petroleum residue.--The term `petroleum 
                residue' means the carbonized product of high-boiling 
                hydrocarbon fractions obtained in petroleum processing.
                    ``(II) Geological gas facility.--The term 
                `geological gas facility' means a facility that--

                        ``(aa) produces a raw product consisting of gas 
                    or mixed gas and liquid from a geological 
                    formation,
                        ``(bb) transports or removes impurities from 
                    such product, or
                        ``(cc) separates such product into its 
                    constituent parts.
        ``(3) Special rule for facilities with less than 65 percent 
    capture and storage percentage.--
            ``(A) In general.--Subject to subparagraph (B), the 
        eligible components of an industrial carbon dioxide facility 
        satisfies the requirements of this paragraph if such eligible 
        components are designed to have a capture and storage 
        percentage (as determined under subparagraph (C)) that is equal 
        to or greater than 65 percent.
            ``(B) Exception.--In the case of an industrial carbon 
        dioxide facility designed with a capture and storage percentage 
        that is less than 65 percent, the percentage of the cost of the 
        eligible components installed in such facility that may be 
        financed with tax-exempt bonds may not be greater than the 
        designed capture and storage percentage.
            ``(C) Capture and storage percentage.--
                ``(i) In general.--Subject to clause (ii), the capture 
            and storage percentage shall be an amount, expressed as a 
            percentage, equal to the quotient of--

                    ``(I) the total metric tons of carbon dioxide 
                designed to be annually captured, transported, and 
                injected into--

                        ``(aa) a facility for geologic storage, or
                        ``(bb) an enhanced oil or gas recovery well 
                    followed by geologic storage, divided by

                    ``(II) the total metric tons of carbon dioxide 
                which would otherwise be released into the atmosphere 
                each year as industrial emission of greenhouse gas if 
                the eligible components were not installed in the 
                industrial carbon dioxide facility.

                ``(ii) Limited application of eligible components.--In 
            the case of eligible components that are designed to 
            capture carbon dioxide solely from specific sources of 
            emissions or portions thereof within an industrial carbon 
            dioxide facility, the capture and storage percentage under 
            this subparagraph shall be determined based only on such 
            specific sources of emissions or portions thereof.
        ``(4) Regulations.--The Secretary shall issue such regulations 
    or other guidance as are necessary to carry out the provisions of 
    this subsection, including methods for determining costs 
    attributable to an eligible component for purposes of paragraph 
    (3)(A).''.
    (c) Volume Cap.--Section 146(g) of such Code, as amended by section 
80401, is amended by striking ``and'' at the end of paragraph (4), by 
striking the period at the end of paragraph (5) and inserting ``, 
and'', and by inserting immediately after paragraph (5) the following 
new paragraph:
        ``(6) 75 percent of any exempt facility bond issued as part of 
    an issue described in paragraph (17) of section 142(a) (relating to 
    qualified carbon dioxide capture facilities).''.
    (d) Clarification of Private Business Use.--Section 141(b)(6) of 
such Code is amended by adding at the end the following new 
subparagraph:
            ``(C) Clarification relating to qualified carbon dioxide 
        capture facilities.--For purposes of this subsection, the sale 
        of carbon dioxide produced by a qualified carbon dioxide 
        capture facility (as defined in section 142(o)) which is owned 
        by a governmental unit shall not constitute private business 
        use.''.
    (e) Coordination With Credit for Carbon Oxide Sequestration.--
Section 45Q(f) of such Code is amended by adding at the end the 
following new paragraph:
        ``(3) Credit reduced for certain tax-exempt bonds.--The amount 
    of the credit determined under subsection (a) with respect to any 
    project for any taxable year shall be reduced by the amount which 
    is the product of the amount so determined for such year and the 
    lesser of \1/2\ or a fraction--
            ``(A) the numerator of which is the sum, for the taxable 
        year and all prior taxable years, of the proceeds from an issue 
        described in section 142(a)(17) used to provide financing for 
        the project the interest on which is exempt from tax under 
        section 103, and
            ``(B) the denominator of which is the aggregate amount of 
        additions to the capital account for the project for the 
        taxable year and all prior taxable years.
    The amounts under the preceding sentence for any taxable year shall 
    be determined as of the close of the taxable year.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to obligations issued after December 31, 2021.
SEC. 80403. INCREASE IN NATIONAL LIMITATION AMOUNT FOR QUALIFIED 
HIGHWAY OR SURFACE FREIGHT TRANSPORTATION FACILITIES.
    (a) In General.--Section 142(m)(2)(A) of the Internal Revenue Code 
of 1986 is amended by striking ``$15,000,000,000'' and inserting 
``$30,000,000,000''.
    (b) Effective Date.--The amendment made by this section shall apply 
to bonds issued after the date of the enactment of this Act.

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

SEC. 80501. MODIFICATION OF AUTOMATIC EXTENSION OF CERTAIN DEADLINES IN 
THE CASE OF TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS.
    (a) In General.--Section 7508A(d) of the Internal Revenue Code of 
1986 is amended--
        (1) in paragraph (1)--
            (A) by striking ``the latest incident date so specified'' 
        in subparagraph (B) and inserting ``the later of such earliest 
        incident date described in subparagraph (A) or the date such 
        declaration was issued'', and
            (B) by striking ``in the same manner as a period specified 
        under subsection (a)'' and inserting ``in determining, under 
        the internal revenue laws, in respect of any tax liability of 
        such qualified taxpayer, whether any of the acts described in 
        subparagraphs (A) through (F) of section 7508(a)(1) were 
        performed within the time prescribed therefor (determined 
        without regard to extension under any other provision of this 
        subtitle for periods after the date determined under 
        subparagraph (B))'',
        (2) by striking paragraph (3) and inserting the following:
        ``(3) Disaster area.--For purposes of this subsection, the term 
    `disaster area' means an area in which a major disaster for which 
    the President provides financial assistance under section 408 of 
    the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
    (42 U.S.C. 5174) occurs.'', and
        (3) by adding at the end the following:
        ``(6) Multiple declarations.--For purposes of paragraph (1), in 
    the case of multiple declarations relating to a disaster area which 
    are issued within a 60-day period, a separate period shall be 
    determined under such paragraph with respect to each such 
    declaration.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to federally declared disasters declared after the date of enactment of 
this Act.
SEC. 80502. MODIFICATIONS OF RULES FOR POSTPONING CERTAIN ACTS BY 
REASON OF SERVICE IN COMBAT ZONE OR CONTINGENCY OPERATION.
    (a) In General.--Section 7508(a)(1) of the Internal Revenue Code of 
1986 is amended--
        (1) by striking subparagraph (C) and inserting the following:
            ``(C) Filing a petition with the Tax Court, or filing a 
        notice of appeal from a decision of the Tax Court;'', and
        (2) by inserting ``or in respect of any erroneous refund'' 
    after ``any tax'' in subparagraph (J).
    (b) Effective Date.--The amendments made by this section shall 
apply to any period for performing an act which has not expired before 
the date of the enactment of this Act.
SEC. 80503. TOLLING OF TIME FOR FILING A PETITION WITH THE TAX COURT.
    (a) In General.--Section 7451 of the Internal Revenue Code of 1986 
is amended--
        (1) by striking ``The Tax Court'' and inserting the following:
    ``(a) Fees.--The Tax Court'', and
        (2) by adding at the end the following new subsection:
    ``(b) Tolling of Time in Certain Cases.--
        ``(1) In general.--Notwithstanding any other provision of this 
    title, in any case (including by reason of a lapse in 
    appropriations) in which a filing location is inaccessible or 
    otherwise unavailable to the general public on the date a petition 
    is due, the relevant time period for filing such petition shall be 
    tolled for the number of days within the period of inaccessibility 
    plus an additional 14 days.
        ``(2) Filing location.--For purposes of this subsection, the 
    term `filing location' means--
            ``(A) the office of the clerk of the Tax Court, or
            ``(B) any on-line portal made available by the Tax Court 
        for electronic filing of petitions.''.
    (b) Conforming Amendments.--
        (1) The heading for section 7451 of the Internal Revenue Code 
    of 1986 is amended by striking ``fee for filing petition'' and 
    inserting ``petitions''.
        (2) The item in the table of contents for part II of subchapter 
    C of chapter 76 of such Code is amended by striking ``Fee for 
    filing petition'' and inserting ``Petitions''.
    (c) Effective Date.--The amendments made by this section shall 
apply to petitions required to be timely filed (determined without 
regard to the amendments made by this section) after the date of 
enactment of this Act.
SEC. 80504. AUTHORITY TO POSTPONE CERTAIN TAX DEADLINES BY REASON OF 
SIGNIFICANT FIRES.
    (a) In General.--Section 7508A of the Internal Revenue Code of 1986 
is amended--
        (1) by inserting ``, a significant fire,'' after ``federally 
    declared disaster (as defined in section 165(i)(5)(A))'' in 
    subsection (a),
        (2) by inserting ``, fire,'' after ``disaster'' each place it 
    appears in subsections (a)(1) and (b), and
        (3) by adding at the end the following new subsection:
    ``(e) Significant Fire.--For purposes of this section, the term 
`significant fire' means any fire with respect to which assistance is 
provided under section 420 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act.''.
    (b) Conforming Amendments.--
        (1) The heading of section 7508A of the Internal Revenue Code 
    of 1986 is amended by striking ``presidentially declared disaster'' 
    and inserting ``federally declared disaster, significant fire,''.
        (2) The item relating to section 7508A in the table of sections 
    for chapter 77 of such Code is amended by striking ``Presidentially 
    declared disaster'' and inserting ``Federally declared disaster, 
    significant fire,''.
    (c) Effective Date.--The amendments made by this section shall 
apply to fires for which assistance is provided after the date of the 
enactment of this Act.

                       TITLE VI--OTHER PROVISIONS

SEC. 80601. MODIFICATION OF TAX TREATMENT OF CONTRIBUTIONS TO THE 
CAPITAL OF A CORPORATION.
    (a) In General.--Section 118 of the Internal Revenue Code of 1986 
is amended--
        (1) in subsection (b), by inserting ``except as provided in 
    subsection (c),'' after ``For purposes of subsection (a),'',
        (2) by redesignating subsection (d) as subsection (e), and
        (3) by striking subsection (c) and inserting the following:
    ``(c) Special Rules for Water and Sewerage Disposal Utilities.--
        ``(1) General rule.--For purposes of this section, the term 
    `contribution to the capital of the taxpayer' includes any amount 
    of money or other property received from any person (whether or not 
    a shareholder) by a regulated public utility which provides water 
    or sewerage disposal services if--
            ``(A) such amount is--
                ``(i) a contribution in aid of construction, or
                ``(ii) a contribution to the capital of such utility by 
            a governmental entity providing for the protection, 
            preservation, or enhancement of drinking water or sewerage 
            disposal services,
            ``(B) in the case of a contribution in aid of construction 
        which is property other than water or sewerage disposal 
        facilities, such amount meets the requirements of the 
        expenditure rule of paragraph (2), and
            ``(C) such amount (or any property acquired or constructed 
        with such amount) is not included in the taxpayer's rate base 
        for ratemaking purposes.
        ``(2) Expenditure rule.--An amount meets the requirements of 
    this paragraph if--
            ``(A) an amount equal to such amount is expended for the 
        acquisition or construction of tangible property described in 
        section 1231(b)--
                ``(i) which is the property for which the contribution 
            was made or is of the same type as such property, and
                ``(ii) which is used predominantly in the trade or 
            business of furnishing water or sewerage disposal services,
            ``(B) the expenditure referred to in subparagraph (A) 
        occurs before the end of the second taxable year after the year 
        in which such amount was received, and
            ``(C) accurate records are kept of the amounts contributed 
        and expenditures made, the expenditures to which contributions 
        are allocated, and the year in which the contributions and 
        expenditures are received and made.
        ``(3) Definitions.--For purposes of this subsection--
            ``(A) Contribution in aid of construction.--The term 
        `contribution in aid of construction' shall be defined by 
        regulations prescribed by the Secretary, except that such term 
        shall not include amounts paid as service charges for starting 
        or stopping services.
            ``(B) Predominantly.--The term `predominantly' means 80 
        percent or more.
            ``(C) Regulated public utility.--The term `regulated public 
        utility' has the meaning given such term by section 
        7701(a)(33), except that such term shall not include any 
        utility which is not required to provide water or sewerage 
        disposal services to members of the general public in its 
        service area.
        ``(4) Disallowance of deductions and credits; adjusted basis.--
    Notwithstanding any other provision of this subtitle, no deduction 
    or credit shall be allowed for, or by reason of, any expenditure 
    which constitutes a contribution in aid of construction to which 
    this subsection applies. The adjusted basis of any property 
    acquired with contributions in aid of construction to which this 
    subsection applies shall be zero.
    ``(d) Statute of Limitations.--If the taxpayer for any taxable year 
treats an amount as a contribution to the capital of the taxpayer 
described in subsection (c)(1)(A)(i), then--
        ``(1) the statutory period for the assessment of any deficiency 
    attributable to any part of such amount shall not expire before the 
    expiration of 3 years from the date the Secretary is notified by 
    the taxpayer (in such manner as the Secretary may prescribe) of--
            ``(A) the amount of the expenditure referred to in 
        subparagraph (A) of subsection (c)(2),
            ``(B) the taxpayer's intention not to make the expenditures 
        referred to in such subparagraph, or
            ``(C) a failure to make such expenditure within the period 
        described in subparagraph (B) of subsection (c)(2), and
        ``(2) such deficiency may be assessed before the expiration of 
    such 3-year period notwithstanding the provisions of any other law 
    or rule of law which would otherwise prevent such assessment.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to contributions made after December 31, 2020.
SEC. 80602. EXTENSION OF INTEREST RATE STABILIZATION.
    (a) Funding Stabilization Under the Internal Revenue Code of 
1986.--The table in subclause (II) of section 430(h)(2)(C)(iv) of the 
Internal Revenue Code of 1986 is amended to read as follows:


----------------------------------------------------------------------------------------------------------------
                                            The applicable minimum
      ``If the calendar year is:                percentage is:           The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
Any year in the period starting in      90%..........................  110%
 2012 and ending in 2019.
Any year in the period starting in      95%..........................  105%
 2020 and ending in 2030.
2031..................................  90%..........................  110%
2032..................................  85%..........................  115%
2033..................................  80%..........................  120%
2034..................................  75%..........................  125%
After 2034............................  70%..........................  130%.''.
----------------------------------------------------------------------------------------------------------------


    (b) Funding Stabilization Under Employee Retirement Income Security 
Act of 1974.--
        (1) In general.--The table in subclause (II) of section 
    303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of 
    1974 (29 U.S.C. 1083(h)(2)(C)(iv)) is amended to read as follows:


----------------------------------------------------------------------------------------------------------------
                                            The applicable minimum
      ``If the calendar year is:                percentage is:           The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
Any year in the period starting in      90%..........................  110%
 2012 and ending in 2019.
Any year in the period starting in      95%..........................  105%
 2020 and ending in 2030.
2031..................................  90%..........................  110%
2032..................................  85%..........................  115%
2033..................................  80%..........................  120%
2034..................................  75%..........................  125%
After 2034............................  70%..........................  130%.''.
----------------------------------------------------------------------------------------------------------------


        (2) Conforming amendments.--
            (A) In general.--Section 101(f)(2)(D) of such Act (29 
        U.S.C. 1021(f)(2)(D)) is amended--
                (i) in clause (i), by striking ``and the American 
            Rescue Plan Act of 2021'' both places it appears and 
            inserting ``, the American Rescue Plan Act of 2021, and the 
            Infrastructure Investment and Jobs Act'', and
                (ii) in clause (ii), by striking ``2029'' and inserting 
            ``2034''.
            (B) Statements.--The Secretary of Labor shall modify the 
        statements required under subclauses (I) and (II) of section 
        101(f)(2)(D)(i) of such Act to conform to the amendments made 
        by this section.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning after December 31, 2021.
SEC. 80603. INFORMATION REPORTING FOR BROKERS AND DIGITAL ASSETS.
    (a) Clarification of Definition of Broker.--Section 6045(c)(1) of 
the Internal Revenue Code of 1986 is amended--
        (1) by striking ``and'' at the end of subparagraph (B),
        (2) in subparagraph (C)--
            (A) by striking ``any other person who (for a 
        consideration)'' and inserting ``any person who (for 
        consideration)'', and
            (B) by striking the period at the end and inserting ``, 
        and'', and
        (3) by inserting after subparagraph (C) the following new 
    subparagraph:
            ``(D) any person who (for consideration) is responsible for 
        regularly providing any service effectuating transfers of 
        digital assets on behalf of another person.''.
    (b) Reporting of Digital Assets.--
        (1) Brokers.--
            (A) Treatment as specified security.--Section 6045(g)(3)(B) 
        of the Internal Revenue Code of 1986 is amended by striking 
        ``and'' at the end of clause (iii), by redesignating clause 
        (iv) as clause (v), and by inserting after clause (iii) the 
        following new clause:
                ``(iv) any digital asset, and''.
            (B) Definition of digital asset.--Section 6045(g)(3) of 
        such Code is amended by adding at the end the following new 
        subparagraph:
            ``(D) Digital asset.--Except as otherwise provided by the 
        Secretary, the term `digital asset' means any digital 
        representation of value which is recorded on a 
        cryptographically secured distributed ledger or any similar 
        technology as specified by the Secretary.''.
            (C) Applicable date.--Section 6045(g)(3)(C) of such Code is 
        amended--
                (i) in clause (ii), by striking ``and'' at the end,
                (ii) by redesignating clause (iii) as clause (iv), and
                (iii) by inserting after clause (ii) the following:
                ``(iii) January 1, 2023, in the case of any specified 
            security which is a digital asset, and''.
        (2) Furnishing of information.--
            (A) In general.--Section 6045A of such Code is amended--
                (i) in subsection (a), by striking ``a security which 
            is'', and
                (ii) by adding at the end the following:
    ``(d) Return Requirement for Certain Transfers of Digital Assets 
Not Otherwise Subject to Reporting.--Any broker, with respect to any 
transfer (which is not part of a sale or exchange executed by such 
broker) during a calendar year of a covered security which is a digital 
asset from an account maintained by such broker to an account which is 
not maintained by, or an address not associated with, a person that 
such broker knows or has reason to know is also a broker, shall make a 
return for such calendar year, in such form as determined by the 
Secretary, showing the information otherwise required to be furnished 
with respect to transfers subject to subsection (a).''.
            (B) Reporting penalties.--Section 6724(d)(1)(B) of such 
        Code is amended by striking ``or'' at the end of clause (xxv), 
        by striking ``and'' at the end of clause (xxvi), and by 
        inserting after clause (xxvi) the following new clause:
                ``(xxvii) section 6045A(d) (relating to returns for 
            certain digital assets),''.
        (3) Treatment as cash for purposes of section 6050i.--Section 
    6050I(d) of such Code is amended by striking ``and'' at the end of 
    paragraph (1), by striking the period at the end of paragraph (2) 
    and inserting ``, and'', and by inserting after paragraph (2) the 
    following new paragraph:
        ``(3) any digital asset (as defined in section 
    6045(g)(3)(D)).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to returns required to be filed, and statements required to be 
furnished, after December 31, 2023.
    (d) Rule of Construction.--Nothing in this section or the 
amendments made by this section shall be construed to create any 
inference, for any period prior to the effective date of such 
amendments, with respect to--
        (1) whether any person is a broker under section 6045(c)(1) of 
    the Internal Revenue Code of 1986, or
        (2) whether any digital asset is property which is a specified 
    security under section 6045(g)(3)(B) of such Code.
SEC. 80604. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR EMPLOYERS 
SUBJECT TO CLOSURE DUE TO COVID-19.
    (a) In General.--Section 3134 of the Internal Revenue Code of 1986 
is amended--
        (1) in subsection (c)(5)--
            (A) in subparagraph (A), by adding ``and'' at the end,
            (B) in subparagraph (B), by striking ``, and'' at the end 
        and inserting a period, and
            (C) by striking subparagraph (C), and
        (2) in subsection (n), by striking ``January 1, 2022'' and 
    inserting ``October 1, 2021 (or, in the case of wages paid by an 
    eligible employer which is a recovery startup business, January 1, 
    2022)''.
    (b) Effective Date.--The amendments made by this section shall 
apply to calendar quarters beginning after September 30, 2021.

                       DIVISION I--OTHER MATTERS

SEC. 90001. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH FISCAL YEAR 
2031.
    Section 251A(6) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
        (1) in subparagraph (B), in the matter preceding clause (i), by 
    striking ``2030'' and inserting ``2031''; and
        (2) in subparagraph (C)--
            (A) in the matter preceding clause (i), by striking 
        ``2030'' and inserting ``2031'';
            (B) in clause (i)--
                (i) by striking ``5 \1/2\'' and inserting ``6'';
                (ii) by striking ``2.0'' and inserting ``4.0''; and
                (iii) by striking the semicolon at the end and 
            inserting ``; and'';
            (C) in clause (ii)--
                (i) by striking ``6-month period beginning on the day 
            after the last day of the period described in clause (i)'' 
            and inserting ``second 6 months'';
                (ii) by striking ``4.0'' and inserting ``0''; and
                (iii) by striking ``; and'' and inserting a period; and
            (D) by striking clause (iii).
SEC. 90002. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
    (a) Drawdown and Sale.--
        (1) In general.--Notwithstanding section 161 of the Energy 
    Policy and Conservation Act (42 U.S.C. 6241), except as provided in 
    subsections (b) and (c), the Secretary of Energy shall draw down 
    and sell from the Strategic Petroleum Reserve 87,600,000 barrels of 
    crude oil during the period of fiscal years 2028 through 2031.
        (2) Timing.--Subject to paragraph (1) and subsection (c)(1), in 
    determining the timing of each drawdown and sale from the Strategic 
    Petroleum Reserve during the period of fiscal years 2028 through 
    2031 under paragraph (1), to the maximum extent practicable, the 
    Secretary shall maximize the financial return to the United States 
    taxpayers.
        (3) Deposit of amounts received from sale.--Amounts received 
    from a sale under paragraph (1) shall be deposited in the general 
    fund of the Treasury during the fiscal year in which the sale 
    occurs.
        (4) SPR petroleum account.--The Secretary of the Treasury shall 
    deposit in the SPR Petroleum Account established under section 
    167(a) of the Energy Policy and Conservation Act (42 U.S.C. 
    6247(a)) $43,500,000, to be used to carry out paragraph (1) in 
    accordance with section 167 of the Energy Policy and Conservation 
    Act (42 U.S.C. 6247).
    (b) Emergency Protection.--The Secretary of Energy shall not draw 
down and sell crude oil under subsection (a) in a quantity that would 
limit the authority to sell petroleum products under subsection (h) of 
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) 
in the full quantity authorized by that subsection.
    (c) Limitations.--
        (1) In general.--The Secretary of Energy shall not draw down or 
    conduct sales of crude oil under subsection (a) after the date on 
    which a total of $6,100,000,000 has been deposited in the general 
    fund of the Treasury from sales authorized under that subsection.
        (2) Minimum volume.--Section 161(h)(2) of the Energy Policy and 
    Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking 
    ``340,000,000'' each place it appears and inserting 
    ``252,400,000''.
SEC. 90003. FINDINGS REGARDING UNUSED UNEMPLOYMENT INSURANCE FUNDS.
    Congress finds the following:
        (1) On July 16, 2021, the Congressional Budget Office (in this 
    section referred to as ``CBO'') reduced its projected cost of the 
    extension of expanded unemployment compensation as enacted in the 
    American Rescue Plan Act of 2021 (P.L. 117-2).
        (2) CBO budget projections included mandatory outlays for the 
    expansion totaling $144,000,000,000 in 2021 and $8,000,000,000 in 
    2022. That estimated cost is $50,000,000,000 less in 2021, and 
    $3,000,000,000 less in 2022, than anticipated in CBO's March 2021 
    cost estimate.
        (3) CBO reduced its projections of those costs for two major 
    reasons. First, several States have announced that they are 
    discontinuing one or more of the components of expanded 
    unemployment compensation before the expansion's authorization ends 
    in September 2021. In its original estimate, CBO projected that all 
    States would participate in the programs until September. Second, 
    because of the improving economy, the agency has lowered its 
    forecast of the unemployment rate, resulting in fewer projected 
    beneficiaries for the programs, which also reduced projected costs.
        (4) It is estimated that there are approximately 
    $53,000,000,000 in savings from the amounts in the Treasury 
    originally estimated to be spent on unemployment insurance funds 
    (under the provisions of subtitle A of title II of division A of 
    the CARES Act) not used by the States.
SEC. 90004. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE CONTAINER OR 
SINGLE-USE PACKAGE DRUGS PAYABLE UNDER PART B OF THE MEDICARE PROGRAM 
TO PROVIDE REFUNDS WITH RESPECT TO DISCARDED AMOUNTS OF SUCH DRUGS.
    Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is 
amended--
        (1) by redesignating subsection (h) as subsection (i); and
        (2) by inserting after subsection (g) the following new 
    subsection:
    ``(h) Refund for Certain Discarded Single-dose Container or Single-
use Package Drugs.--
        ``(1) Secretarial provision of information.--
            ``(A) In general.--For each calendar quarter beginning on 
        or after January 1, 2023, the Secretary shall, with respect to 
        a refundable single-dose container or single-use package drug 
        (as defined in paragraph (8)), report to each manufacturer (as 
        defined in subsection (c)(6)(A)) of such refundable single-dose 
        container or single-use package drug the following for the 
        calendar quarter:
                ``(i) Subject to subparagraph (C), information on the 
            total number of units of the billing and payment code of 
            such drug, if any, that were discarded during such quarter, 
            as determined using a mechanism such as the JW modifier 
            used as of the date of enactment of this subsection (or any 
            such successor modifier that includes such data as 
            determined appropriate by the Secretary).
                ``(ii) The refund amount that the manufacturer is 
            liable for pursuant to paragraph (3).
            ``(B) Determination of discarded amounts.--For purposes of 
        subparagraph (A)(i), with respect to a refundable single-dose 
        container or single-use package drug furnished during a 
        quarter, the amount of such drug that was discarded shall be 
        determined based on the amount of such drug that was unused and 
        discarded for each drug on the date of service.
            ``(C) Exclusion of units of packaged drugs.--The total 
        number of units of the billing and payment code of a refundable 
        single-dose container or single-use package drug of a 
        manufacturer furnished during a calendar quarter for purposes 
        of subparagraph (A)(i), and the determination of the estimated 
        total allowed charges for the drug in the quarter for purposes 
        of paragraph (3)(A)(ii), shall not include such units that are 
        packaged into the payment amount for an item or service and are 
        not separately payable.
        ``(2) Manufacturer requirement.--For each calendar quarter 
    beginning on or after January 1, 2023, the manufacturer of a 
    refundable single-dose container or single-use package drug shall, 
    for such drug, provide to the Secretary a refund that is equal to 
    the amount specified in paragraph (3) for such drug for such 
    quarter.
        ``(3) Refund amount.--
            ``(A) In general.--The amount of the refund specified in 
        this paragraph is, with respect to a refundable single-dose 
        container or single-use package drug of a manufacturer assigned 
        to a billing and payment code for a calendar quarter beginning 
        on or after January 1, 2023, an amount equal to the estimated 
        amount (if any) by which--
                ``(i) the product of--

                    ``(I) the total number of units of the billing and 
                payment code for such drug that were discarded during 
                such quarter (as determined under paragraph (1)); and
                    ``(II)(aa) in the case of a refundable single-dose 
                container or single-use package drug that is a single 
                source drug or biological, the amount of payment 
                determined for such drug or biological under subsection 
                (b)(1)(B) for such quarter; or
                    ``(bb) in the case of a refundable single-dose 
                container or single-use package drug that is a 
                biosimilar biological product, the amount of payment 
                determined for such product under subsection (b)(1)(C) 
                for such quarter; exceeds

                ``(ii) an amount equal to the applicable percentage (as 
            defined in subparagraph (B)) of the estimated total allowed 
            charges for such drug under this part during the quarter.
            ``(B) Applicable percentage defined.--
                ``(i) In general.--For purposes of subparagraph 
            (A)(ii), the term `applicable percentage' means--

                    ``(I) subject to subclause (II), 10 percent; and
                    ``(II) if applicable, in the case of a refundable 
                single-dose container or single-use package drug 
                described in clause (ii), a percentage specified by the 
                Secretary pursuant to such clause.

                ``(ii) Treatment of drugs that have unique 
            circumstances.--In the case of a refundable single-dose 
            container or single-use package drug that has unique 
            circumstances involving similar loss of product as that 
            described in paragraph (8)(B)(ii), the Secretary, through 
            notice and comment rulemaking, may increase the applicable 
            percentage otherwise applicable under clause (i)(I) as 
            determined appropriate by the Secretary.
        ``(4) Frequency.--Amounts required to be refunded pursuant to 
    paragraph (2) shall be paid in regular intervals (as determined 
    appropriate by the Secretary).
        ``(5) Refund deposits.--Amounts paid as refunds pursuant to 
    paragraph (2) shall be deposited into the Federal Supplementary 
    Medical Insurance Trust Fund established under section 1841.
        ``(6) Enforcement.--
            ``(A) Audits.--
                ``(i) Manufacturer audits.--Each manufacturer of a 
            refundable single-dose container or single-use package drug 
            that is required to provide a refund under this subsection 
            shall be subject to periodic audit with respect to such 
            drug and such refunds by the Secretary.
                ``(ii) Provider audits.--The Secretary shall conduct 
            periodic audits of claims submitted under this part with 
            respect to refundable single-dose container or single-use 
            package drugs in accordance with the authority under 
            section 1833(e) to ensure compliance with the requirements 
            applicable under this subsection.
            ``(B) Civil money penalty.--
                ``(i) In general.--The Secretary shall impose a civil 
            money penalty on a manufacturer of a refundable single-dose 
            container or single-use package drug who has failed to 
            comply with the requirement under paragraph (2) for such 
            drug for a calendar quarter in an amount equal to the sum 
            of--

                    ``(I) the amount that the manufacturer would have 
                paid under such paragraph with respect to such drug for 
                such quarter; and
                    ``(II) 25 percent of such amount.

                ``(ii) Application.--The provisions of section 1128A 
            (other than subsections (a) and (b)) shall apply to a civil 
            money penalty under this subparagraph in the same manner as 
            such provisions apply to a penalty or proceeding under 
            section 1128A(a).
        ``(7) Implementation.--The Secretary shall implement this 
    subsection through notice and comment rulemaking.
        ``(8) Definition of refundable single-dose container or single-
    use package drug.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        in this subsection, the term `refundable single-dose container 
        or single-use package drug' means a single source drug or 
        biological (as defined in section 1847A(c)(6)(D)) or a 
        biosimilar biological product (as defined in section 
        1847A(c)(6)(H)) for which payment is made under this part and 
        that is furnished from a single-dose container or single-use 
        package.
            ``(B) Exclusions.--The term `refundable single-dose 
        container or single-use package drug' does not include--
                ``(i) a drug or biological that is either a 
            radiopharmaceutical or an imaging agent;
                ``(ii) a drug or biological approved by the Food and 
            Drug Administration for which dosage and administration 
            instructions included in the labeling require filtration 
            during the drug preparation process, prior to dilution and 
            administration, and require that any unused portion of such 
            drug after the filtration process be discarded after the 
            completion of such filtration process; or
                ``(iii) a drug or biological approved by the Food and 
            Drug Administration on or after the date of enactment of 
            this subsection and with respect to which payment has been 
            made under this part for fewer than 18 months.
        ``(9) Report to congress.--Not later than 3 years after the 
    date of enactment of this subsection, the Office of the Inspector 
    General, after consultation with the Centers for Medicare & 
    Medicaid Services and the Food and Drug Administration, shall 
    submit to the Committee on Finance of the Senate and the Committee 
    on Energy and Commerce and the Committee on Ways and Means of the 
    House of Representatives, a report on any impact this section is 
    reported to have on the licensure, market entry, market retention, 
    or marketing of biosimilar biological products. Such report shall 
    be updated periodically at the direction of the Committee on 
    Finance of the Senate and the Committee on Energy and Commerce and 
    the Committee on Ways and Means of the House of Representatives.''.
SEC. 90005. EXTENSION OF ENTERPRISE GUARANTEE FEES.
    Section 1327(f) of the Federal Housing Enterprises Financial Safety 
and Soundness Act of 1992 (12 U.S.C. 4547(f)) is amended by striking 
``2021'' and inserting ``2032''.
SEC. 90006. MORATORIUM ON IMPLEMENTATION OF RULE RELATING TO 
ELIMINATING THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR 
PRESCRIPTION DRUG REBATES.
    Notwithstanding any other provision of law, the Secretary of Health 
and Human Services shall not, prior to January 1, 2026, implement, 
administer, or enforce the provisions of the final rule published by 
the Office of the Inspector General of the Department of Health and 
Human Services on November 30, 2020, and titled ``Fraud and Abuse; 
Removal of Safe Harbor Protection for Rebates Involving Prescription 
Pharmaceuticals and Creation of New Safe Harbor Protection for Certain 
Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and 
Certain Pharmacy Benefit Manager Service Fees'' (85 Fed. Reg. 76666).
SEC. 90007. RESCISSION OF COVID-19 APPROPRIATIONS.
    (a) Economic Injury Disaster Loan Subsidy.--
        (1) Rescission.--Of the unobligated balances from amounts made 
    available under the heading ``Small Business Administration--
    Disaster Loans Program Account'' in title II of division B of the 
    Paycheck Protection Program and Health Care Enhancement Act (Public 
    Law 116-139), $13,500,000,000 are permanently rescinded.
        (2) Designation.--The amount rescinded pursuant to paragraph 
    (1) that was previously designated by the Congress as an emergency 
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 
    Budget and Emergency Deficit Control Act of 1985 is designated by 
    the Congress as an emergency requirement pursuant to section 
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
    resolution on the budget for fiscal year 2018, and to section 
    251(b) of the Balanced Budget and Emergency Deficit Control Act of 
    1985.
    (b) Targeted EIDL Advance.--
        (1) Of the unobligated balances from amounts made available 
    under the heading ``Small Business Administration--Targeted EIDL 
    Advance'' in section 323(d)(1)(D) of division N of the Consolidated 
    Appropriations Act, 2021 (Public Law 116-260), $17,578,000,000 are 
    permanently rescinded.
        (2) Of the unobligated balances from amounts made available in 
    section 5002(b) of the American Rescue Plan Act of 2021 (Public Law 
    117-2)--
            (A) amounts may be transferred to and merged with ``Small 
        Business Administration--Disaster Loans Program Account'' for 
        the cost of direct loans authorized under section 7(b) of the 
        Small Business Act (15 U.S.C. 636(b));
            (B) not more than $500,000,000 may be transferred to 
        ``Small Business Administration--Salaries and Expenses'' for 
        necessary expenses, not otherwise provided for, of the Small 
        Business Administration; and
            (C) not more than $992,000,000 may be transferred to, and 
        merged with, ``Small Business Administration--Business Loans 
        Program Account'' for the cost of guaranteed loans as 
        authorized by paragraphs (1) through (35) of section 7(a) of 
        the Small Business Act (15 U.S.C. 636(a)), including the cost 
        of carrying out sections 326, 327, and 328 of division N of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-260).
    (c) Economic Stabilization Program.--Of the unobligated balances 
from amounts made available in section 4027(a) of the Coronavirus Aid, 
Relief, and Economic Security Act (15 U.S.C. 9601), $1,366,100,000 are 
permanently rescinded.
    (d) Business Loans Program Account.--
        (1) Of the unobligated balances from amounts made available 
    under the heading ``Small Business Administration--Business Loans 
    Program Account, CARES Act'' in section 1107(a)(1) of the 
    Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
    136), as amended by section 101(a)(2) of division A of the Paycheck 
    Protection Program and Health Care Enhancement Act (Public Law 116-
    139), and in section 323(d)(1)(A) of division N of the Consolidated 
    Appropriations Act, 2021 (Public Law 116-260) for carrying out 
    paragraphs (36) and (37) of section 7(a) of the Small Business Act 
    (15 U.S.C. 636(a)), $4,684,000,000 are permanently rescinded.
        (2) Of the unobligated balances from amounts made available 
    under the heading ``Small Business Administration--Business Loans 
    Program Account'' in section 323(d)(1)(F) of division N of the 
    Consolidated Appropriations Act, 2021 (Public Law 116-260), 
    $992,000,000 are permanently rescinded.
    (e) Pandemic Relief for Aviation Workers, Coronavirus Aid, Relief, 
and Economic Security Act (CARES Act).--Of the unobligated balances 
from amounts made available in section 4120 of the Coronavirus Aid, 
Relief, and Economic Security Act (15 U.S.C. 9080), $3,000,000,000 are 
permanently rescinded.
    (f) Education Stabilization Fund.--
        (1) Rescission.--Of the unobligated balances from amounts made 
    available under the heading ``Education Stabilization Fund'' in 
    title VIII of division B of the Coronavirus Aid, Relief, and 
    Economic Security Act (Public Law 116-136) and in title III of 
    division M of the Consolidated Appropriations Act, 2021 (Public Law 
    116-260) that were reserved for the Higher Education Emergency 
    Relief Fund by sections 18004(a)(1) and 18004(a)(2) of division B 
    of the Coronavirus Aid, Relief, and Economic Security Act (Public 
    Law 116-136) and sections 314(a)(1), 314(a)(2), and 314(a)(4) of 
    division M of the Consolidated Appropriations Act, 2021 (Public Law 
    116-260), $353,400,000 are permanently rescinded.
        (2) Designation.--The amount rescinded pursuant to paragraph 
    (1) that was previously designated by the Congress as an emergency 
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 
    Budget and Emergency Deficit Control Act of 1985 is designated by 
    the Congress as an emergency requirement pursuant to section 
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
    resolution on the budget for fiscal year 2018, and to section 
    251(b) of the Balanced Budget and Emergency Deficit Control Act of 
    1985.
    (g) Small Business Administration, Salaries and Expenses.--
        (1) Rescission.--Of the unobligated balances from amounts made 
    available under the heading ``Small Business Administration--
    Salaries and Expenses'' in section 1107(a)(2) of the Coronavirus 
    Aid, Relief, and Economic Security Act (Public Law 116-136), in 
    title II of division B of the Paycheck Protection Program and 
    Health Care Enhancement Act (Public Law 116-139), and in section 
    323(d)(1)(C) of division N of the Consolidated Appropriations Act, 
    2021 (Public Law 116-260), $175,000,000 are permanently rescinded.
        (2) Designation.--The amount rescinded pursuant to paragraph 
    (1) that was previously designated by the Congress as an emergency 
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 
    Budget and Emergency Deficit Control Act of 1985 is designated by 
    the Congress as an emergency requirement pursuant to section 
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
    resolution on the budget for fiscal year 2018, and to section 
    251(b) of the Balanced Budget and Emergency Deficit Control Act of 
    1985.
    (h) Pandemic Relief for Aviation Workers.--Of the unobligated 
balances from amounts made available in section 411 of subtitle A of 
title IV of division N of the Consolidated Appropriations Act, 2021 (15 
U.S.C. 9101), $200,000,000 are permanently rescinded.
SEC. 90008. SPECTRUM AUCTIONS.
    (a) Definitions.--In this section:
        (1) Commission.--The term ``Commission'' means the Federal 
    Communications Commission.
        (2) Covered band.--The term ``covered band'' means the band of 
    frequencies between 3100 and 3450 megahertz.
        (3) Relevant congressional committees.--The term ``relevant 
    congressional committees'' means--
            (A) the Committee on Armed Services of the Senate;
            (B) the Committee on Armed Services of the House of 
        Representatives;
            (C) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (D) the Committee on Energy and Commerce of the House of 
        Representatives.
    (b) 3.1-3.45 GHz Band.--
        (1) Pre-auction funding.--
            (A) In general.--On the date of enactment of this Act, the 
        Director of the Office of Management and Budget shall transfer 
        $50,000,000 from the Spectrum Relocation Fund established under 
        section 118 of the National Telecommunications and Information 
        Administration Act (47 U.S.C. 928) to the Department of Defense 
        for the purpose of research and development, engineering 
        studies, economic analyses, activities with respect to systems, 
        or other planning activities to improve efficiency and 
        effectiveness of the spectrum use of the Department of Defense 
        in order to make available electromagnetic spectrum in the 
        covered band--
                (i) for reallocation for shared Federal and non-Federal 
            commercial licensed use; and
                (ii) for auction under paragraph (3) of this 
            subsection.
            (B) Exemption.--Section 118(g) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 928(g)) shall not apply with respect to the 
        payment required under subparagraph (A).
            (C) Report to secretary of commerce.--For purposes of 
        paragraph (2)(A), the Secretary of Defense shall report to the 
        Secretary of Commerce the findings of the planning activities 
        described in subparagraph (A) of this paragraph.
        (2) Identification.--
            (A) In general.--Not later than 21 months after the date of 
        enactment of this Act, in accordance with the findings of the 
        planning activities described in paragraph (1)(A) and subject 
        to the determination of the Secretary of Defense under 
        subparagraph (B) of this paragraph, the Secretary of Commerce, 
        in coordination with the Secretary of Defense, the Director of 
        the Office of Science and Technology Policy, and relevant 
        congressional committees, shall--
                (i) determine which frequencies of electromagnetic 
            spectrum in the covered band could be made available on a 
            shared basis between Federal use and non-Federal commercial 
            licensed use, subject to flexible-use service rules; and
                (ii) submit to the President and the Commission a 
            report that identifies the frequencies determined 
            appropriate under clause (i).
            (B) Required determination.--The Secretary of Commerce may 
        identify frequencies under subparagraph (A)(ii) only if the 
        Secretary of Defense has determined that sharing those 
        frequencies with non-Federal users would not impact the primary 
        mission of military spectrum users in the covered band.
        (3) Auction.--Not earlier than November 30, 2024, the 
    Commission, in consultation with the Assistant Secretary of 
    Commerce for Communications and Information, shall begin a system 
    of competitive bidding under section 309(j) of the Communications 
    Act of 1934 (47 U.S.C. 309(j)) to grant new licenses for the 
    spectrum identified under paragraph (2)(A)(ii) of this subsection.
        (4) Sharing of spectrum.--Not earlier than May 31, 2025, the 
    President shall modify any assignment to a Federal Government 
    station of the frequencies identified under clause (ii) of 
    paragraph (2)(A) in order to accommodate shared Federal and non-
    Federal commercial licensed use in accordance with that paragraph.
        (5) Auction proceeds to cover 110 percent of federal relocation 
    or sharing costs.--Nothing in this subsection shall be construed to 
    relieve the Commission from the requirements under section 
    309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 
    309(j)(16)(B)).
    (c) FCC Auction Authority.--
        (1) Termination.--Section 309(j)(11) of the Communications Act 
    of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting after 
    ``2025'' the following: ``, and with respect to the electromagnetic 
    spectrum identified under section 90008(b)(2)(A)(ii) of the 
    Infrastructure Investment and Jobs Act, such authority shall expire 
    on the date that is 7 years after the date of enactment of that 
    Act''.
        (2) Spectrum pipeline act of 2015.--Section 1006(c)(1) of the 
    Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 624) is 
    amended by striking ``2022'' and inserting ``2024''.

                       DIVISION J--APPROPRIATIONS

     That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2022, and for other purposes, namely:

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

                       DEPARTMENT OF AGRICULTURE

               FARM PRODUCTION AND CONSERVATION PROGRAMS

                 Natural Resources Conservation Service

               watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'', $500,000,000, to remain available until expended:  
Provided, That not later than 90 days after the date of enactment of 
this Act, the Secretary of Agriculture shall submit to the House and 
Senate Committees on Appropriations a detailed spend plan, including a 
list of project locations and project cost:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                    watershed rehabilitation program

    For an additional amount for ``Watershed Rehabilitation Program'', 
$118,000,000, to remain available until expended:  Provided, That not 
later than 90 days after the date of enactment of this Act, the 
Secretary of Agriculture shall submit to the House and Senate 
Committees on Appropriations a detailed spend plan, including a list of 
project locations and project cost:  Provided further, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                 emergency watershed protection program

    For an additional amount for ``Emergency Watershed Protection 
Program'' to repair damages to the waterways and watersheds resulting 
from natural disasters, $300,000,000, to remain available until 
expended:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                       RURAL DEVELOPMENT PROGRAMS

                        Rural Utilities Service

         distance learning, telemedicine, and broadband program

    For an additional amount for ``Rural Utilities Service--Distance 
Learning, Telemedicine, and Broadband Program'', $2,000,000,000, to 
remain available until expended:  Provided, That of the funds made 
available under this heading in this Act, $74,000,000 shall be for the 
cost of broadband loans, as authorized by section 601 of the Rural 
Electrification Act:  Provided further, That, of the funds made 
available under this heading in this Act, $1,926,000,000 shall be for 
the broadband loan and grant pilot program established by section 779 
of Public Law 115-141 under the Rural Electrification Act of 1936, as 
amended (7 U.S.C. 901 et seq.):  Provided further, That at least 50 
percent of the households to be served by a project receiving a loan or 
grant from funds provided under the preceding proviso shall be in a 
rural area, as defined in section 601(b)(3) of the Rural 
Electrification Act, without sufficient access to broadband defined for 
such funds as having speeds of not less than 25 megabits per second 
downloads and 3 megabits per second uploads:  Provided further, That 10 
percent of the amounts made available under this heading in this Act 
for the pilot program shall be set aside for service areas where at 
least 90 percent of households to be served by a project receiving a 
loan or grant are in a rural area without sufficient access to 
broadband, as defined in the preceding proviso:  Provided further, 
That, to the extent possible, projects receiving funds provided under 
this heading in this Act for the pilot program must build out service 
to at least 100 megabits per second downloads and 20 megabits per 
second uploads:  Provided further, That, in administering the pilot 
program under this heading in this Act, the Secretary of Agriculture 
may, for purposes of determining entities eligible to receive 
assistance, consider those communities which are ``Areas Rural in 
Character'', as defined in section 343(a)(13)(D) of the Consolidated 
Farm and Rural Development Act:  Provided further, That not more than 
$50,000,000 of the funds made available under this heading in this Act 
for the pilot program may be used for the purpose of the preceding 
proviso:  Provided further, That pole attachment fees and replacements 
charged by electric cooperatives for the shared use of their utility 
poles shall be an eligible use of funds provided under this heading in 
this Act for the pilot program to enable the deployment of broadband in 
rural areas:  Provided further, That the Secretary shall waive any 
matching funds required for pilot program projects funded from amounts 
provided under this heading in this Act for Alaska Native Corporations 
for federally-recognized Tribes, on substantially underserved Trust 
areas, as defined in 7 U.S.C. 936f(a)(2), and residents of a rural area 
that was recognized as a colonia as of October 1, 1989, and for 
projects in which 75 percent of the service area is a persistent 
poverty county or counties:  Provided further, That for purposes of the 
preceding proviso, the term ``persistent poverty counties'' means any 
county that has had 20 percent or more of its population living in 
poverty over the past 30 years, as measured by the 1990 and 2000 
decennial censuses, and 2007-2011 American Community Survey 5-6 year 
average, or any territory or possession of the United States:  Provided 
further, That, in addition to other funds available for such purpose, 
not more than four percent of the amounts provided under this heading 
in this Act shall be for administrative costs to carry out the pilot 
program and broadband loans:  Provided further, That up to three 
percent of the amounts provided under this heading in this Act shall be 
for technical assistance and predevelopment planning activities to 
support rural communities, of which $5,000,000 shall have a priority 
for the establishment and growth of cooperatives to offer broadband, 
which shall be transferred to and merged with the appropriation for 
``Rural Development, Salaries and Expenses'':  Provided further, That 
the Secretary of Agriculture shall collaborate, to the extent 
practicable, with the Commissioner of the Federal Communications 
Commission and the Assistant Secretary for Communications and 
Information at the National Telecommunications and Information 
Administration to carry out the amounts provided under this heading in 
this Act for the pilot program:  Provided further, That the Secretary 
may transfer funds provided under this heading in this Act between 
broadband loans, as authorized by section 601 of the Rural 
Electrification Act, and the pilot program to accommodate demand:  
Provided further, That no funds shall be transferred pursuant to the 
preceding proviso until the Secretary notifies in writing and receives 
approval from the Committees on Appropriations and Agriculture of both 
Houses of Congress at least 30 days in advance of the transfer of such 
funds or the use of such authority:  Provided further, That for 
purposes of the amounts provided under this heading in this Act for the 
pilot program, the Secretary shall adhere to the notice, reporting, and 
service area assessment requirements set forth in section 701(a)-(d) of 
the Rural Electrification Act (7 U.S.C. 950cc(a)-(d)):  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     GENERAL PROVISION--THIS TITLE

    Sec. 101.  In addition to amounts otherwise made available for such 
purpose, there is hereby appropriated $10,000,000, to remain available 
until expended, to carry out section 70501 of division G of this Act:  
Provided, That $5,000,000, to remain available until expended, shall be 
made available for fiscal year 2022 and $5,000,000, to remain available 
until expended, shall be made available for fiscal year 2023:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

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

                         DEPARTMENT OF COMMERCE

       National Telecommunications and Information Administration

            broadband equity, access, and deployment program

                     (including transfer of funds)

    For an additional amount for ``Broadband Equity, Access, and 
Deployment Program'', $42,450,000,000, to remain available until 
expended, for grants as authorized under section 60102 of division F of 
this Act:  Provided, That not later than 90 days after the date of 
enactment of this Act, the Secretary of Commerce shall submit to the 
House and Senate Committees on Appropriations a detailed spend plan for 
fiscal year 2022:  Provided further, That up to 2 percent of the 
amounts made available under this heading in this Act in fiscal year 
2022 shall be for salaries and expenses, administration, and oversight, 
of which $12,000,000 shall be transferred to the Office of Inspector 
General of the Department of Commerce for oversight of funding provided 
to the National Telecommunications and Information Administration in 
this title in this Act:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                      broadband connectivity fund

    For an additional amount for ``Broadband Connectivity Fund'', 
$2,000,000,000, to remain available until expended, for grants for the 
Tribal Broadband Connectivity Program, as authorized under section 
905(c) of division N of the Consolidated Appropriations Act, 2021 
(Public Law 116-260), as amended by section 60201 of division F this 
Act:  Provided, That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 4112(a) of H. Con. 
Res. 71 (115th Congress), the concurrent resolution on the budget for 
fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                             digital equity

                     (including transfer of funds)

    For an additional amount for ``Digital Equity'', $2,750,000,000, to 
remain available until expended, for competitive grants as authorized 
under sections 60304 and 60305 of division F of this Act:  Provided, 
That of the amount provided under this heading in this Act--
        (1) $550,000,000, to remain available until expended, shall be 
    made available for fiscal year 2022, of which $60,000,000 is for 
    the award of grants under section 60304 (c)(3) of division F of 
    this Act, $240,000,000 is for the award of grants under section 
    60304(d) of division F of this Act, and $250,000,000 is for the 
    award of grants under section 60305 of division F of this Act;
        (2) $550,000,000, to remain available until expended, shall be 
    made available for fiscal year 2023, of which $300,000,000 is for 
    the award of grants under section 60304(d) of division F of this 
    Act and $250,000,000 is for the award of grants under section 60305 
    of division F of this Act;
        (3) $550,000,000, to remain available until expended, shall be 
    made available for fiscal year 2024, of which $300,000,000 is for 
    the award of grants under section 60304(d) of division F of this 
    Act and $250,000,000 is for the award of grants under section 60305 
    of division F of this Act;
        (4) $550,000,000, to remain available until expended, shall be 
    made available for fiscal year 2025, of which $300,000,000 is for 
    the award of grants under section 60304(d) of division F of this 
    Act and $250,000,000 is for the award of grants under section 60305 
    of division F of this Act; and
        (5) $550,000,000, to remain available until expended, shall be 
    made available for fiscal year 2026, of which $300,000,000 is for 
    the award of grants under section 60304(d) of division F of this 
    Act and $250,000,000 is for the award of grants under section 60305 
    of division F of this Act:
  Provided further, That the Secretary shall issue notices of funding 
opportunity not later than 180 days after each date upon which funds 
are made available under the preceding proviso:  Provided further, That 
the Secretary shall make awards not later than 270 days after issuing 
the notices of funding opportunity required under the preceding 
proviso:  Provided further, That up to 2 percent of the amounts made 
available in each fiscal year shall be for salaries and expenses, 
administration, and oversight, of which $1,000,000 in each of fiscal 
years 2022 through 2026 shall be transferred to the Office of Inspector 
General of the Department of Commerce for oversight of funding provided 
to the National Telecommunications and Information Administration in 
this title in this Act:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                         middle mile deployment

                     (including transfer of funds)

    For an additional amount for ``Middle Mile Deployment'', 
$1,000,000,000, to remain available September 30, 2026, for competitive 
grants as authorized under section 60401 of division F of this Act:  
Provided, That the Secretary of Commerce shall issue notices of funding 
opportunity not later than 180 days after the date of enactment of this 
Act:  Provided further, That the Secretary of Commerce shall make 
awards not later than 270 days after issuing the notices of funding 
opportunity required under the preceding proviso:  Provided further, 
That up to 2 percent of the amounts made available under this heading 
in this Act shall be for salaries and expenses, administration, and 
oversight, during fiscal years 2022 through 2026 of which $1,000,000 
shall be transferred to the Office of Inspector General of the 
Department of Commerce for oversight of funding provided to the 
National Telecommunications and Information Administration in this 
title in this Act:  Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'', $2,611,000,000, to remain available until September 30, 
2027:  Provided, That $557,250,000, to remain available until September 
30, 2023, shall be made available for fiscal year 2022, $515,584,000, 
to remain available until September 30, 2024, shall be made available 
for fiscal year 2023, $515,583,000, to remain available until September 
30, 2025, shall be made available for fiscal year 2024, $515,583,000, 
to remain available until September 30, 2026, shall be made available 
for fiscal year 2025, and $507,000,000, to remain available until 
September 30, 2027, shall be made available for fiscal year 2026:  
Provided further, That of the funds made available under this heading 
in this Act, the following amounts shall be for the following purposes 
in equal amounts for each of fiscal years 2022 through 2026, including 
for administrative costs, technical support, and oversight, unless 
stated otherwise--
        (1) $492,000,000 shall be for National Oceans and Coastal 
    Security Fund grants, as authorized under section 906(c) of 
    division O of Public Law 114-113;
        (2) $491,000,000 shall be for contracts, grants, and 
    cooperative agreements to provide funding and technical assistance 
    for purposes of restoring marine, estuarine, coastal, or Great 
    Lakes ecosystem habitat, or constructing or protecting ecological 
    features that protect coastal communities from flooding or coastal 
    storms;
        (3) $492,000,000 shall be for coastal and inland flood and 
    inundation mapping and forecasting, and next-generation water 
    modeling activities, including modernized precipitation frequency 
    and probable maximum studies;
        (4) $25,000,000 shall be for data acquisition activities 
    pursuant to section 511(b) of the Water Resources Development Act 
    of 2020 (division AA of Public Law 116-260), of which $8,334,000 
    shall be available in fiscal year 2023 and $8,333,000 shall be 
    available in each of fiscal years 2024 and 2025;
        (5) $50,000,000 shall be for wildfire prediction, detection, 
    observation, modeling, and forecasting, for fiscal year 2022;
        (6) $1,000,000 shall be for the study of soil moisture and 
    snowpack monitoring network in the Upper Missouri River Basin 
    pursuant to section 511(b)(3) of the Water Resources Development 
    Act of 2020 (division AA of Public Law 116-260), in equal amounts 
    for each of fiscal years 2022 through 2025;
        (7) $150,000,000 shall be for marine debris assessment, 
    prevention, mitigation, and removal;
        (8) $50,000,000 shall be for marine debris prevention and 
    removal through the National Sea Grant College Program (33 U.S.C. 
    1121 et seq.);
        (9) $207,000,000 shall be for habitat restoration projects 
    pursuant to section 310 of the Coastal Zone Management Act (16 
    U.S.C. 1456c), including ecosystem conservation pursuant to section 
    12502 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 
    1456-1), notwithstanding subsection (g) of that section;
        (10) $77,000,000 shall be for habitat restoration projects 
    through the National Estuarine Research Reserve System (16 U.S.C. 
    1456c), including ecosystem conservation pursuant to section 12502 
    of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1456-
    1);
        (11) $100,000,000 shall be for supporting improved and enhanced 
    coastal, ocean, and Great Lakes observing systems;
        (12) $56,000,000 shall be for established Regional Ocean 
    Partnerships (ROPs) to coordinate the interstate and intertribal 
    management of ocean and coastal resources and to implement their 
    priority actions, including to enhance associated sharing and 
    integration of Federal and non-Federal data by ROPs, or their 
    equivalent;
        (13) $20,000,000 shall be for consultations and permitting 
    related to the Endangered Species Act, the Marine Mammal Protection 
    Act, and Essential Fish Habitat; and
        (14) $400,000,000 shall be for restoring fish passage by 
    removing in-stream barriers and providing technical assistance 
    pursuant to section 117 of the Magnuson-Stevens Fishery 
    Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 
    1891a), of which up to 15 percent shall be reserved for Indian 
    Tribes or partnerships of Indian Tribes in conjunction with an 
    institution of higher education, non-profit, commercial (for 
    profit) organizations, U.S. territories, and state or local 
    governments, and of which the remaining amount shall be for all 
    eligible entities, including Indian Tribes and such partnerships of 
    Indian Tribes:
  Provided further, That under this heading the term Indian Tribe shall 
have the meaning given to the term in section 4 of the Indian Self-
Determination and Education Act (25 U.S.C. 5304):  Provided further, 
That nothing under this heading in this Act shall be construed as 
providing any new authority to remove, breach, or otherwise alter the 
operations of a Federal hydropower dam and dam removal projects shall 
include written consent of the dam owner, if ownership is established:  
Provided further, That amounts made available under this heading in 
this Act may be used for consultations and permitting related to the 
Endangered Species Act and the Marine Mammal Protection Act for 
projects funded under this heading in this Act:  Provided further, That 
not later than 90 days after the date of enactment of this Act, the 
National Oceanic and Atmospheric Administration shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a detailed spend plan for fiscal year 2022:  Provided further, 
That for each of fiscal years 2023 through 2026, as part of the annual 
budget submission of the President under section 1105(a) of title 31, 
United States Code, the Secretary of Commerce shall submit a detailed 
spend plan for that fiscal year:  Provided further, That the Secretary 
may waive or reduce the required non-Federal share for amounts made 
available under this heading in this Act:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

               procurement, acquisition and construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'', $180,000,000, to remain available until September 30, 
2024, as follows:
        (1) $50,000,000 shall be for observation and dissemination 
    infrastructure used for wildfire prediction, detection, and 
    forecasting;
        (2) $80,000,000 shall be for research supercomputing 
    infrastructure used for weather and climate model development to 
    improve drought, flood, and wildfire prediction, detection, and 
    forecasting; and
        (3) $50,000,000 shall be for coastal, ocean, and Great Lakes 
    observing systems:
  Provided, That not later than 90 days after the date of enactment of 
this Act, the National Oceanic and Atmospheric Administration shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate a detailed spend plan:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                    pacific coastal salmon recovery

    For an additional amount for ``Pacific Coastal Salmon Recovery'', 
$172,000,000, to remain available until September 30, 2027:  Provided, 
That $34,400,000, to remain available until September 30, 2023, shall 
be made available for fiscal year 2022, $34,400,000, to remain 
available until September 30, 2024, shall be made available for fiscal 
year 2023, $34,400,000, to remain available until September 30, 2025, 
shall be made available for fiscal year 2024, $34,400,000, to remain 
available until September 30, 2026, shall be made available for fiscal 
year 2025, and $34,400,000, to remain available until September 30, 
2027, shall be made available for fiscal year 2026:  Provided, That not 
later than 90 days after the date of enactment of this Act, the 
National Oceanic and Atmospheric Administration shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a spend plan for fiscal year 2022:  Provided further, That for 
each of fiscal years 2023 through 2026, as part of the annual budget 
submission of the President under section 1105(a) of title 31, United 
States Code, the Secretary of Commerce shall submit a detailed spend 
plan for that fiscal year:  Provided further, That the Secretary may 
waive or reduce the required non-Federal share for amounts made 
available under this heading in this Act:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

      TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                             investigations

    For an additional amount for ``Investigations'', $150,000,000, to 
remain available until expended:  Provided, That of the amount provided 
under this heading in this Act, $30,000,000 shall be used by the 
Secretary of the Army, acting through the Chief of Engineers, to 
undertake work authorized to be carried out in accordance with section 
22 of the Water Resources Development Act of 1974 (Public Law 93-251; 
42 U.S.C. 1962d-16), as amended:  Provided further, That of the amount 
provided under this heading in this Act, $45,000,000 shall be used by 
the Secretary of the Army, acting through the Chief of Engineers, to 
undertake work authorized to be carried out in accordance with section 
206 of the 1960 Flood Control Act (Public Law 86-645), as amended:  
Provided further, That of the amount provided under this heading in 
this Act, $75,000,000 shall be used for necessary expenses related to 
the completion, or initiation and completion, of studies which are 
authorized prior to the date of enactment of this Act, of which 
$30,000,000, to become available on October 1, 2022, shall be used by 
the Secretary of the Army, acting through the Chief of Engineers, to 
complete, or to initiate and complete, studies carried out in 
accordance with section 118 of division AA of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260), except that the 
limitation on the number of studies authorized to be carried out under 
section 118(b) and section 118(c) shall not apply:  Provided further, 
That not later than 60 days after the date of enactment of this Act, 
the Chief of Engineers shall submit to the House and Senate Committees 
on Appropriations a detailed spend plan for the funds identified for 
fiscal year 2022 in the preceding proviso, including a list of project 
locations and new studies selected to be initiated:  Provided further, 
That not later than 60 days after the date of enactment of this Act, 
the Chief of Engineers shall provide a briefing to the House and Senate 
Committees on Appropriations on an implementation plan, including a 
schedule for solicitation of projects and expenditure of funds, for the 
funding provided for fiscal year 2023 to undertake work authorized to 
be carried out in accordance with section 118 of division AA of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260):  Provided 
further, That for fiscal year 2023, as part of the annual budget 
submission of the President under section 1105(a) of title 31, United 
States Code, the Chief of Engineers shall submit a detailed spend plan 
for that fiscal year, including a list of project locations for the 
funding provided to undertake work authorized to be carried out in 
accordance with section 118 of division AA of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260):  Provided further, That 
beginning not later than 120 days after the enactment of this Act, the 
Chief of Engineers shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of the funds provided under this heading 
in this Act, including new studies selected to be initiated using funds 
provided under this heading:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                              construction

    For an additional amount for ``Construction'', $11,615,000,000, to 
remain available until expended:  Provided, That the Secretary may 
initiate additional new construction starts with funds provided under 
this heading in this Act:  Provided further, That the limitation 
concerning total project costs in section 902 of the Water Resources 
Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2280), as 
amended, shall not apply to any project completed using funds provided 
under this heading in this Act:  Provided further, That of the amount 
provided under this heading in this Act, such sums as are necessary to 
cover the Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be derived from the 
general fund of the Treasury:  Provided further, That of the amount 
provided under this heading in this Act, $1,500,000,000 shall be for 
major rehabilitation, construction, and related activities for rivers 
and harbors, of which not more than $250,000,000 shall be to undertake 
work at harbors defined by section 2006 of the Water Resources 
Development Act of 2007 (Public Law 110-114, 33 U.S.C. 2242), as 
amended, and not more than $250,000,000 may be for projects determined 
to require repair in the report prepared pursuant to section 1104 of 
the Water Infrastructure Improvements for the Nation Act (Public Law 
114-322):  Provided further, That of the amount provided under this 
heading in this Act, $200,000,000 shall be for water-related 
environmental infrastructure assistance:  Provided further, That of the 
amount provided under this heading in this Act, $2,500,000,000 shall be 
for construction, replacement, rehabilitation, and expansion of inland 
waterways projects:  Provided further, That section 102(a) of the Water 
Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C. 
2212(a)) and section 109 of the Water Resources Development Act of 2020 
(Public Law 116-260; 134 Stat. 2624) shall not apply to the extent that 
such projects are carried out using funds provided in the preceding 
proviso:  Provided further, That in using such funds referred to in the 
preceding proviso, the Secretary shall give priority to projects 
included in the Capital Investment Strategy of the Corps of Engineers:  
Provided further, That of the amount provided under this heading in 
this Act, $465,000,000 shall be used by the Secretary of the Army, 
acting through the Chief of Engineers, to undertake work authorized to 
be carried out in accordance with section 14, as amended, of the Flood 
Control Act of 1946 (33 U.S.C. 701r), section 103, as amended, of the 
River and Harbor Act of 1962 (Public Law 87-874), section 107, as 
amended, of the River and Harbor Act 1960 (Public Law 86-645), section 
204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326), 
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 
206 of the Water Resources Development Act of 1996 (Public Law 104-303; 
33 U.S.C. 2330), section 1135 of the Water Resources Development Act of 
1986 (Public Law 99-662; 33 U.S.C. 2309a), or section 165(a) of 
division AA of the Consolidated Appropriations Act, 2021 (Public Law 
116-260), notwithstanding the project number or program cost 
limitations set forth in those sections:  Provided further, That of the 
amounts in the preceding proviso, $115,000,000, shall be used under the 
aquatic ecosystem restoration program under section 206 of the Water 
Resources Development Act of 1996 (33 U.S.C. 2330) to restore fish and 
wildlife passage by removing in-stream barriers and provide technical 
assistance to non-Federal interests carrying out such activities, at 
full Federal expense and notwithstanding the individual project cost 
limitation set forth in that section:  Provided further, That the 
amounts provided in the preceding proviso shall not be construed to 
provide any new authority to remove, breach, or otherwise alter the 
operations of a Federal hydropower dam, and do not limit the Secretary 
of the Army, acting through the Chief of Engineers, from allotting 
additional funds from amounts provided under this heading in this Act 
for other purposes allowed under section 206 of the Water Resources 
Development Act of 1996 (33 U.S.C. 2330):  Provided further, That of 
the amount provided under this heading in this Act, $1,900,000,000 
shall be for aquatic ecosystem restoration projects, of which not less 
than $1,000,000,000 shall be for multi-purpose projects or multi-
purpose programs that include aquatic ecosystem restoration as a 
purpose:  Provided further, That of the amount provided under this 
heading in this Act, $2,550,000,000 shall be for coastal storm risk 
management, hurricane and storm damage reduction projects, and related 
activities targeting States that have been impacted by federally 
declared disasters over the last six years, which may include projects 
authorized by section 116 of Public Law 111-85, of which not less than 
$1,000,000,000 shall be for multi-purpose projects or multi-purpose 
programs that include flood risk management benefits as a purpose:  
Provided further, That of the amount provided in the preceding proviso, 
$200,000,000 shall be for shore protection projects:  Provided further, 
That of the funds in the preceding proviso, $100,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$50,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, and $50,000,000, to remain available 
until expended, shall be made available for fiscal year 2024:  Provided 
further, That of the amount provided under this heading in this Act, 
$2,500,000,000 shall be for inland flood risk management projects, of 
which not less than $750,000,000 shall be for multi-purpose projects or 
multi-purpose programs that include flood risk management as a purpose: 
 Provided further, That in selecting projects under the previous 
proviso, the Secretary of the Army shall prioritize projects with 
overriding life-safety benefits:  Provided further, That of the funds 
in the proviso preceding the preceding proviso, the Secretary of the 
Army shall, to the maximum extent practicable, prioritize projects in 
the work plan that directly benefit economically disadvantaged 
communities, and may take into consideration prioritizing projects that 
benefit areas in which the percentage of people that live in poverty or 
identify as belonging to a minority group is greater than the average 
such percentage in the United States, based on data from the Bureau of 
the Census:  Provided further, That not later than 60 days after the 
date of enactment of this Act, the Chief of Engineers shall submit to 
the House and Senate Committees on Appropriations a detailed spend plan 
for the funds provided under this heading in this Act for each fiscal 
year, including a list of project locations and new construction 
projects selected to be initiated:  Provided further, That beginning 
not later than 120 days after the enactment of this Act, the Chief of 
Engineers shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of these funds, including new 
construction projects selected to be initiated using funds provided 
under this heading in this Act:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                   mississippi river and tributaries

    For an additional amount for ``Mississippi River and Tributaries'', 
$808,000,000, to remain available until expended:  Provided, That of 
the amount provided under this heading in this Act, $258,000,000, which 
shall be obligated within 90 days of enactment of this Act, shall be 
used for necessary expenses to address emergency situations at Corps of 
Engineers Federal projects caused by natural disasters:  Provided 
further, That the Secretary may initiate additional new construction 
starts with funds provided under this heading in this Act:  Provided 
further, That the limitation concerning total project costs in section 
902 of the Water Resources Development Act of 1986 (Public Law 99-662; 
33 U.S.C. 2280), as amended, shall not apply to any project receiving 
funds provided under this heading in this Act:  Provided further, That 
not later than 60 days after the date of enactment of this Act, the 
Chief of Engineers shall submit to the House and Senate Committees on 
Appropriations a detailed spend plan for fiscal year 2022, including a 
list of project locations and construction projects selected to be 
initiated:  Provided further, That of the amount provided under this 
heading in this Act, such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for inland harbors 
shall be derived from the general fund of the Treasury:  Provided 
further, That beginning not later than 120 days after the enactment of 
this Act, the Chief of Engineers shall provide a monthly report to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of these funds, 
including construction projects selected to be initiated using funds 
provided under this heading in this Act:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                       operation and maintenance

                     (including transfer of funds)

    For an additional amount for ``Operations and Maintenance'', 
$4,000,000,000, to remain available until expended:  Provided, That 
$2,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2024:  Provided further, That of the amount 
provided under this heading in this Act for fiscal year 2022, 
$626,000,000, which shall be obligated within 90 days of enactment of 
this Act, shall be used for necessary expenses to dredge Federal 
navigation projects in response to, and repair damages to Corps of 
Engineers Federal projects caused by, natural disasters:  Provided 
further, That of the amount provided under this heading in this Act, 
$40,000,000 shall be to carry out Soil Moisture and Snowpack Monitoring 
activities, as authorized in section 4003(a) of the Water Resources 
Reform and Development Act of 2014, as amended:  Provided further, That 
not later than 60 days after the date of enactment of this Act, the 
Chief of Engineers shall submit to the House and Senate Committees on 
Appropriations a detailed spend plan for fiscal year 2022, including a 
list of project locations, other than for the amount for natural 
disasters identified in the second proviso:  Provided further, That for 
fiscal years 2023 and 2024, as part of the annual budget submission of 
the President under section 1105(a) of title 31, United States Code, 
the Chief of Engineers shall submit a detailed spend plan for that 
fiscal year, including a list of project locations:  Provided further, 
That of the amount provided under this heading in this Act, such sums 
as are necessary to cover the Federal share of eligible operation and 
maintenance costs for coastal harbors and channels, and for inland 
harbors shall be derived from the general fund of the Treasury:  
Provided further, That up to three percent of the amounts made 
available under this heading in this Act for any fiscal year may be 
transferred to ``Regulatory Program'' or ``Expenses'' to carry out 
activities funded by those accounts:  Provided further, That the 
Committees on Appropriations of the Senate and the House of 
Representatives shall be notified at least 30 days in advance of any 
transfer made pursuant to the preceding proviso:  Provided further, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                           regulatory program

    For an additional amount for ``Regulatory Program'', $160,000,000, 
to remain available until September 30, 2026:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', $251,000,000, to remain available until expended:  
Provided, That funding provided under this heading in this Act and 
utilized for authorized shore protection projects shall restore such 
projects to the full project profile at full Federal expense:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                                expenses

    For an additional amount for ``Expenses'', $40,000,000, to remain 
available until expended:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

      water infrastructure finance and innovation program account

    For an additional amount for ``Water Infrastructure Finance and 
Innovation Program Account'', $75,000,000, to remain available until 
expended:  Provided, That of the amounts provided under this heading in 
this Act, $64,000,000 shall be for the cost of direct loans and for the 
cost of guaranteed loans, for safety projects to maintain, upgrade, and 
repair dams identified in the National Inventory of Dams with a primary 
owner type of state, local government, public utility, or private:  
Provided further, That no project may be funded with amounts provided 
under this heading for a dam that is identified as jointly owned in the 
National Inventory of Dams and where one of those joint owners is the 
Federal Government:  Provided further, That of the amounts provided 
under this heading in this Act $11,000,000 shall be for administrative 
expenses to carry out the direct and guaranteed loan programs, 
notwithstanding section 5033 of the Water Infrastructure Finance and 
Innovation Act of 2014:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                 general provisions--corps of engineers

    Sec. 300.  For projects that are carried out with funds under this 
heading, the Secretary of the Army and the Director of the Office of 
Management and Budget shall consider other factors in addition to the 
benefit-cost ratio when determining the economic benefits of projects 
that benefit disadvantaged communities.

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For an additional amount for ``Central Utah Project Completion 
Account'', $50,000,000, to remain available until expended, of which 
$10,000,000 shall be deposited into the Utah Reclamation Mitigation and 
Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                         Bureau of Reclamation

                      water and related resources

                     (including transfer of funds)

    For an additional amount for ``Water and Related Resources'', 
$8,300,000,000, to remain available until expended:  Provided, That 
$1,660,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $1,660,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$1,660,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $1,660,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, 
$1,660,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under this heading in this Act for fiscal years 2022 through 
2026, $1,150,000,000 shall be for water storage, groundwater storage, 
and conveyance projects in accordance with section 40902 of division D 
of this Act:  Provided further, That of the funds identified in the 
preceding proviso, $100,000,000 shall be available for small surface 
water and ground water storage projects authorized in section 40903 of 
division D of this Act:  Provided further, That of the amount provided 
under this heading in this Act, $3,200,000,000 shall be available for 
transfer into the Aging Infrastructure Account established by section 
9603(d)(1) of the Omnibus Public Land Management Act of 2009, as 
amended (43 U.S.C. 510b(d)(1)):  Provided further, That of the funds 
identified in the preceding proviso, $100,000,000 shall be made 
available for reserved or transferred works that have suffered a 
critical failure, in accordance with section 40904(a) of division D of 
this Act, and $100,000,000 shall be made available for dam 
rehabilitation, reconstruction, or replacement in accordance with 
section 40904(b) of division D of this Act:  Provided further, That of 
the amount provided under this heading in this Act for fiscal years 
2022 through 2026, $1,000,000,000 shall be for rural water projects 
that have been authorized by an Act of Congress before July 1, 2021, in 
accordance with the Reclamation Rural Water Supply Act of 2006 (43 
U.S.C. 2401 et seq.):  Provided further, That of the amount provided 
under this heading in this Act for fiscal years 2022 through 2026, 
$1,000,000,000 shall be for water recycling and reuse projects:  
Provided further, That of the funds identified in the preceding 
proviso, $550,000,000 shall be for water recycling and reuse projects 
authorized in accordance with the Reclamation Wastewater and 
Groundwater Study and Facilities Act (42 U.S.C. 390h et seq.), as 
described in section 40901(4)(A) of division D of this Act, and 
$450,000,000 shall be for large-scale water recycling and reuse 
projects in accordance with section 40905 of division D of this Act:  
Provided further, That of the amount provided under this heading in 
this Act for fiscal years 2022 through 2026, $250,000,000 shall be for 
water desalination projects in accordance with the Water Desalinization 
Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298), as described in 
section 40901(5) of division D of this Act:  Provided further, That of 
the amount provided under this heading in this Act for fiscal years 
2022 through 2026, $500,000,000 shall be for the safety of dams 
program, in accordance with the Reclamation Safety of Dams Act of 1978 
(43 U.S.C. 506 et seq.):  Provided further, That of the amount provided 
under this heading in this Act for fiscal years 2022 through 2026, 
$400,000,000 shall be for WaterSMART Grants in accordance with section 
9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 
10364):  Provided further, That of the funds identified in the 
preceding proviso, $100,000,000 shall be for projects that would 
improve the condition of a natural feature or nature-based feature, as 
described in section 40901(7) of division D of this Act:  Provided 
further, That of the amount provided under this heading in this Act for 
fiscal years 2022 through 2026, $300,000,000 shall be for implementing 
the drought contingency plan consistent with the obligations of the 
Secretary under the Colorado River Drought Contingency Plan 
Authorization Act (Public Law 116-14; 133 Stat. 850), as described in 
section 40901(8) of division D of this Act:  Provided further, That of 
the funds identified in the preceding proviso, $50,000,000 shall be for 
use in accordance with the Drought Contingency Plan for the Upper 
Colorado River Basin:  Provided further, That of the amount provided 
under this heading in this Act for fiscal years 2022 through 2026, 
$100,000,000 shall be to provide financial assistance for watershed 
management projects in accordance with subtitle A of title VI of the 
Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.):  
Provided further, That of the amount provided under this heading in 
this Act for fiscal years 2022 through 2026, $250,000,000 shall be for 
design, study and construction of aquatic ecosystem restoration and 
protection projects in accordance with section 1109 of the Consolidated 
Appropriations Act, 2021:  Provided further, That of the amount 
provided under this heading in this Act for fiscal years 2022 through 
2026, $100,000,000 shall be for multi-benefit projects to improve 
watershed health in accordance with section 40907 of division D of this 
Act:  Provided further, That of the amounts provided under this heading 
in this Act for fiscal years 2022 through 2026, $50,000,000 shall be 
for endangered species recovery and conservation programs in the 
Colorado River Basin in accordance with Public Law 106-392, title XVIII 
of Public Law 102-575, and subtitle E of title IX of Public Law 111-11: 
 Provided further, That up to three percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be for program administration and policy expenses:  
Provided further, That not later than 60 days after the date of 
enactment of this Act, the Secretary of the Interior shall submit to 
the House and Senate Committees on Appropriations a detailed spend 
plan, including a list of project locations of the preceding proviso, 
to be funded for fiscal year 2022:  Provided further, That beginning 
not later than 120 days after the enactment of this Act, the Secretary 
of the Interior shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of the funds provided under this heading 
in this Act:  Provided further, That for fiscal years 2023 through 
2026, as part of the annual budget submission of the President under 
section 1105(a) of title 31, United States Code, the Secretary of the 
Interior shall submit a detailed spend plan for those fiscal years, 
including a list of project locations:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For an additional amount for ``Energy Efficiency and Renewable 
Energy'', $16,264,000,000 to remain available until expended:  
Provided, That of the amount provided under this heading in this Act, 
$250,000,000 shall be for activities for the Energy Efficiency 
Revolving Loan Fund Capitalization Grant Program, as authorized under 
section 40502 of division D of this Act:  Provided further, That of the 
amount provided under this heading in this Act, $40,000,000 shall be 
for grants for the Energy Auditor Training Grant Program, as authorized 
under section 40503 of division D of this Act:  Provided further, That 
of the amount provided under the heading in this Act, $225,000,000 
shall be for grants for implementing of updated building energy codes, 
as authorized under section 309 of the Energy Conservation and 
Production Act (42 U.S.C. 6831 et seq.), as amended by section 40511(a) 
of division D of this Act:  Provided further, That of the funds in the 
preceding proviso, $45,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $45,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$45,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $45,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$45,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under this heading in this Act, $10,000,000 shall be for 
Building, Training, and Assessment Centers, as authorized under section 
40512 of division D of this Act:  Provided further, That of the amount 
provided under this heading in this Act, $10,000,000 shall be for 
grants for Career Skills Training, as authorized under section 40513 of 
division D of this Act:  Provided further, That of the amount provided 
under this heading in this Act, $150,000,000 shall be for activities 
for Industrial Research and Assessment Centers, as authorized under 
subsections (a) through (h) of section 457 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17111 et seq.), as amended by 
section 40521(b) of division D of this Act:  Provided further, That of 
the funds in the preceding proviso, $30,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$30,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $30,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $30,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2025, and $30,000,000, to remain available until expended, shall 
be made available for fiscal year 2026:  Provided further, That of the 
amount provided under this heading in this Act, $400,000,000 shall be 
for activities for Implementation Grants for Industrial Research and 
Assessment Centers, as authorized under section 457(i) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17111 et seq.), as 
amended by section 40521(b) of division D of this Act:  Provided 
further, That of the funds in the preceding two provisos, $80,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2022, $80,000,000, to remain available until expended, shall be 
made available for fiscal year 2023, $80,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$80,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $80,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$50,000,000 shall be for carrying out activities for Manufacturing 
Leadership, as authorized under section 40534 of division D of this 
Act:  Provided further, That of the amount provided under this heading 
in this Act, $500,000,000 shall be for grants for Energy Efficiency 
Improvements and Renewable Energy Improvements at Public School 
Facilities, as authorized under section 40541 of division D of this 
Act:  Provided further, That of the funds in the preceding proviso, 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $100,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $100,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $100,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the amount provided under this heading in 
this Act, $50,000,000 shall be for grants for the Energy Efficiency 
Materials Pilot Program, as authorized under section 40542 of division 
D of this Act:  Provided further, That of the amount provided under 
this heading in this Act and in addition to amounts otherwise made 
available for this purpose, $3,500,000,000 shall be for carrying out 
activities for the Weatherization Assistance Program, as authorized 
under part A of title IV of the Energy Conservation and Production Act 
(42 U.S.C. 6861 et seq.):  Provided further, That of the amount 
provided under this heading in this Act and in addition to amounts 
otherwise made available for this purpose, $550,000,000 shall be for 
carrying out activities for the Energy Efficiency and Conservation 
Block Grant Program, as authorized under section 542(a) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17152(a)):  Provided 
further, That of the amount provided under this heading in this Act, 
$250,000,000 shall be for grants for the Assisting Federal Facilities 
with Energy Conservation Technologies Grant Program, as authorized 
under section 546(b) of the National Energy Conservation Policy Act (42 
U.S.C. 8256(b)):  Provided further, That of the amount provided under 
this heading in this Act, $10,000,000 shall be for extended product 
system rebates, as authorized under section 1005 of the Energy Act of 
2020 (42 U.S.C. 6311 note; Public Law 116-260):  Provided further, That 
of the amount provided under this heading in this Act, $10,000,000 
shall be for energy efficient transformer rebates, as authorized under 
section 1006 of the Energy Act of 2020 (42 U.S.C. 6317 note; Public Law 
116-260):  Provided further, That of the amount provided under this 
heading in this Act, $3,000,000,000, to remain available until 
expended, shall be for Battery Material Processing Grants, as 
authorized under section 40207(b) of division D of this Act:  Provided 
further, That of the funds in the preceding proviso, $600,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2022, $600,000,000, to remain available until expended, shall be 
made available for fiscal year 2023, $600,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$600,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $600,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$3,000,000,000 shall be for Battery Manufacturing and Recycling Grants, 
as authorized under section 40207(c) of division D of this Act:  
Provided further, That of the funds in the preceding proviso, 
$600,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $600,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $600,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $600,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $600,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the amount provided under this heading in 
this Act, $125,000,000 shall be to carry out activities, as authorized 
under section 40207(f) of division D of this Act:  Provided further, 
That of the amount provided under this heading in this Act, $10,000,000 
shall be for a Lithium-Ion Battery Recycling Prize Competition, as 
authorized under section 40207(e) of division D of this Act:  Provided 
further, That of the amount provided under this heading in this Act, 
$200,000,000 shall be for grants for the Electric Drive Vehicle Battery 
Recycling and Second-Life Applications Program, as authorized under 
subsection (k) of section 641 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17231), as amended by section 40208(1) of 
division D of this Act:  Provided further, That of the funds in the 
preceding proviso, $40,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $40,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$40,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $40,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$40,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under this heading in this Act, $750,000,000 shall be for 
grants for the Advanced Energy Manufacturing and Recycling Grant 
Program, as authorized under section 40209 of division D of this Act:  
Provided further, That of the funds in the preceding proviso, 
$150,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $150,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $150,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $150,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $150,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the amount provided under this heading in 
this Act, $500,000,000 shall be for activities for the Clean Hydrogen 
Manufacturing Recycling Research, Development, and Demonstration 
Program, as authorized under section 815 of the Energy Policy Act of 
2005 (42 U.S.C. 16151 et seq.), as amended by section 40314 of division 
D of this Act:  Provided further, That of the funds in the preceding 
proviso, $100,000,000, to remain available until expended, shall be 
made available for fiscal year 2022, $100,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under the heading in this Act, $1,000,000,000 shall be for 
activities for the Clean Hydrogen Electrolysis Program, as authorized 
under section 816 of the Energy Policy Act of 2005 (42 U.S.C. 16151 et 
seq.), as amended by section 40314 of division D of this Act:  Provided 
further, That of the funds in the preceding proviso, $200,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2022, $200,000,000, to remain available until expended, shall be 
made available for fiscal year 2023, $200,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $200,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$500,000,000 shall be for carrying out activities for the State Energy 
Program, as authorized under part D of title III of the Energy Policy 
and Conservation Act (42 U.S.C. 6321 et seq.), as amended by section 
40109 of division D of this Act:  Provided further, That of the amount 
provided under this heading in this Act, $125,000,000 shall be for 
carrying out activities under section 242 of the Energy Policy Act of 
2005 (42 U.S.C. 15881), as amended by section 40331 of division D of 
this Act:  Provided further, That of the amount provided under this 
heading in this Act, $75,000,000 shall be for carrying out activities 
under section 243 of the Energy Policy Act of 2005 (42 U.S.C. 15882), 
as amended by section 40332 of division D of this Act:  Provided 
further, That of the amount provided under this heading in this Act, 
$553,600,000 shall be for activities for Hydroelectric Incentives, as 
authorized under section 247 of the Energy Policy Act of 2005 (Public 
Law 109-58; 119 Stat. 674), as amended by section 40333(a) of division 
D of this Act:  Provided further, That of the funds in the preceding 
proviso, $276,800,000, to remain available until expended, shall be 
made available for fiscal year 2022, $276,800,000, to remain available 
until expended, shall be made available for fiscal year 2023:  Provided 
further, That of the amount provided under the heading in this Act, 
$10,000,000 shall be for activities for the Pumped Storage Hydropower 
Wind and Solar Integration and System Reliability Initiative, as 
authorized under section 3201 of the Energy Policy Act of 2020 (42 
U.S.C. 17232), as amended by section 40334 of division D of this Act:  
Provided further, That of the amount provided under this heading in 
this Act, $36,000,000 shall be for carrying out activities, as 
authorized under section 634 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17213):  Provided further, That of the amount 
provided under this heading in this Act, $70,400,000 shall be for 
carrying out activities, as authorized under section 635 of the Energy 
Independence and Security Act of 2007 (42 U.S.C.17214):  Provided 
further, That of the amount provided under this heading in this Act, 
$40,000,000 shall be for carrying out activities for the National 
Marine Energy Centers, as authorized under section 636 of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17215):  Provided 
further, That of the amount provided under this heading in this Act, 
$84,000,000 shall be for carrying out activities under section 615(d) 
of the Energy Independence and Security Act of 2007 (42 U.S.C. 
17194(d)):  Provided further, That of the amount provided under this 
heading in this Act, $60,000,000 shall be for carrying out activities 
for the Wind Energy Technology Program, as authorized under section 
3003(b)(2) of the Energy Act of 2020 (42 U.S.C. 16237(b)(2)):  Provided 
further, That of the amount provided under this heading in this Act, 
$40,000,000 shall be for carrying out activities for the Wind Energy 
Technology Recycling Research, Development, and Demonstration Program, 
as authorized under section 3003(b)(4) of the Energy Act of 2020 (42 
U.S.C. 16237(b)(4)):  Provided further, That of the amount provided 
under this heading in this Act, $40,000,000 shall be for carrying out 
activities under section 3004(b)(2) of the Energy Act of 2020 (42 
U.S.C. 16238(b)(2)):  Provided further, That of the amount provided 
under this heading in this Act, $20,000,000 shall be for carrying out 
activities under section 3004(b)(3) of the Energy Act of 2020 (42 
U.S.C. 16238(b)(3)):  Provided further, That of the amount provided 
under this heading in this Act, $20,000,000 shall be for carrying out 
activities under section 3004(b)(4) of the Energy Act of 2020 (42 
U.S.C. 16238(b)(4)):  Provided further, That not later than 90 days 
after the date of enactment of this Act, the Secretary of Energy shall 
submit to the House and Senate Committees on Appropriations and the 
Senate Committee on Energy and Natural Resources and the House 
Committee on Energy and Commerce a detailed spend plan for fiscal year 
2022:  Provided further, That for each fiscal year through 2026, as 
part of the annual budget submission of the President under section 
1105(a) of title 31, United States Code, the Secretary of Energy shall 
submit a detailed spend plan for that fiscal year:  Provided further, 
That up to three percent of the amounts made available under this 
heading in this Act in each of fiscal years 2022 through 2026 shall be 
for program direction:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

         Cybersecurity, Energy Security, and Emergency Response

    For an additional amount for ``Cybersecurity, Energy Security, and 
Emergency Response'', $550,000,000, to remain available until expended: 
 Provided, That of the amount provided under this heading in this Act, 
$250,000,000 shall be to carry out activities under the Cybersecurity 
for the Energy Sector Research, Development, and Demonstration Program, 
as authorized in section 40125(b) of division D of this Act:  Provided 
further, That of the funds in the preceding proviso, $50,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2022, $50,000,000, to remain available until expended, shall be 
made available for fiscal year 2023, $50,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$50,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $50,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$50,000,000 shall be to carry out activities under the Energy Sector 
Operational Support for Cyberresilience Program, as authorized in 
section 40125(c) of division D of this Act:  Provided further, That of 
the amount provided under this heading in this Act, $250,000,000, to 
carry out activities under the Rural and Municipal Utility Advanced 
Cybersecurity Grant and Technical Assistance Program, as authorized in 
section 40124 of division D of this Act:  Provided further, That 
$50,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $50,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $50,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2024, $50,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $50,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That not later than 90 days after the date of 
enactment of this Act, the Secretary of Energy shall submit to the 
House and Senate Committees on Appropriations and the Senate Committee 
on Energy and Natural Resources and the House Committee on Energy and 
Commerce a detailed spend plan for fiscal year 2022:  Provided further, 
That for each fiscal year through 2026, as part of the annual budget 
submission of the President under section 1105(a) of title 31, United 
States Code, the Secretary of Energy shall submit a detailed spend plan 
for that fiscal year:  Provided further, That up to three percent of 
the amounts made available under this heading in this Act in each of 
fiscal years 2022 through 2026 shall be for program direction:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                              Electricity

    For an additional amount for ``Electricity'', $8,100,000,000, to 
remain available until expended:  Provided, That of the amount provided 
under this heading in this Act, $5,000,000,000 shall be for grants 
under section 40101 of division D of this Act:  Provided further, That 
of the funds in the preceding proviso, $1,000,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$50,000,000 shall be to carry out the Transmission Facilitation 
Program, including for any administrative expenses of carrying out the 
program, as authorized in section 40106(d)(3) of division D of this 
Act:  Provided further, That of the funds in the preceding proviso, 
$10,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $10,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $10,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2024, $10,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $10,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the amount provided under this heading in 
this Act and in addition to amounts otherwise made available for this 
purpose, $3,000,000,000, to remain available until expended, shall be 
to carry out activities under the Smart Grid Investment Matching Grant 
Program, as authorized in section 1306 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17386), as amended by section 40107 of 
division D of this Act:  Provided further, That of the funds in the 
preceding proviso, $600,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $600,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$600,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $600,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$600,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under this heading in this Act, $50,000,000 shall be to carry 
out an advanced energy security program to secure energy networks, as 
authorized under section 40125(d) of division D of this Act:  Provided 
further, That not later than 90 days after the date of enactment of 
this Act, the Secretary of Energy shall submit to the House and Senate 
Committees on Appropriations and the Senate Committee on Energy and 
Natural Resources and the House Committee on Energy and Commerce a 
detailed spend plan for fiscal year 2022:  Provided further, That for 
each fiscal year through 2026, as part of the annual budget submission 
of the President under section 1105(a) of title 31, United States Code, 
the Secretary of Energy shall submit a detailed spend plan for that 
fiscal year:  Provided further, That up to three percent of the amounts 
made available under this heading in this Act in each of fiscal years 
2022 through 2026 shall be for program direction:  Provided further, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                             Nuclear Energy

    For an additional amount for ``Nuclear Energy'', $6,000,000,000, to 
remain available until expended, to carry out activities under the 
Civil Nuclear Credit Program, as authorized in section 40323 of 
division D of this Act:  Provided, That $1,200,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$1,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $1,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$1,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $1,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That not later than 90 days after the date of enactment of 
this Act, the Secretary of Energy shall submit to the House and Senate 
Committees on Appropriations a detailed spend plan for fiscal year 
2022:  Provided further, That for each fiscal year through 2026, as 
part of the annual budget submission of the President under section 
1105(a) of title 31, United States Code, the Secretary of Energy shall 
submit a detailed spend plan for that fiscal year:  Provided further, 
That up to $36,000,000 of the amount provided under this heading in 
this Act shall be made available in each of fiscal years 2022 through 
2026 for program direction:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                  Fossil Energy and Carbon Management

    For an additional amount for ``Fossil Energy and Carbon 
Management'', $7,497,140,781, to remain available until expended:  
Provided, That of the amount provided under this heading in this Act, 
$310,140,781 shall be to carry out activities under the Carbon 
Utilization Program, as authorized in section 969A of the Energy Policy 
Act of 2005 (42 U.S.C. 16298a), as amended by section 40302 of division 
D of this Act:  Provided further, That of the funds in the preceding 
proviso, $41,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $65,250,000, to remain available until 
expended, shall be made available for fiscal year 2023, $66,562,500, to 
remain available until expended, shall be made available for fiscal 
year 2024, $67,940,625, to remain available until expended, shall be 
made available for fiscal year 2025, and $69,387,656, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the amount provided under this heading in 
this Act, $100,000,000 shall be used to carry out the front-end 
engineering and design program out activities under the Carbon Capture 
Technology Program, as authorized in section 962 of the Energy Policy 
Act of 2005 (42 U.S.C. 16292), as amended by section 40303 of division 
D of this Act:  Provided further, That of the funds in the preceding 
proviso, $20,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $20,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $20,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2024, $20,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $20,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the amount provided under this heading in 
this Act, $2,500,000,000 shall be to carry out activities for the 
Carbon Storage Validation and Testing, as authorized section 963 of the 
Energy Policy Act of 2005 (42 U.S.C. 16293), as amended by section 
40305 of division D of this Act:  Provided further, That of the funds 
in the preceding proviso, $500,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $500,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2023, $500,000,000, to remain available until expended, shall be 
made available for fiscal year 2024, $500,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$500,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under this heading in this Act, $3,500,000,000 shall be to 
carry out a program to develop four regional clean direct air capture 
hubs, as authorized under section 969D of the Energy Policy Act of 2005 
(42 U.S.C. 16298d), as amended by section 40308 of division D of this 
Act:  Provided further, That of the funds in the preceding proviso, 
$700,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $700,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $700,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $700,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $700,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the amount provided under this heading in 
this Act and in addition to amounts otherwise made available for this 
purpose, $15,000,000 shall be for precommercial direct air capture 
technology prize competitions, as authorized under section 
969D(e)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 
16298d(e)(2)(A)):  Provided further, That of the amount provided under 
this heading in this Act and in addition to amounts otherwise made 
available for this purpose, $100,000,000 shall be for commercial direct 
air capture technology prize competitions, as authorized under section 
969D(e)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 
16298d(e)(2)(B)):  Provided further, That for amounts identified in the 
preceding proviso, the Secretary shall enter pre-construction 
commitments with selected projects for future awards for qualified 
carbon dioxide capture:  Provided further, That of the amount provided 
under this heading in this Act, $140,000,000 shall be for a Rare Earth 
Elements Demonstration Facility, as authorized under section 7001 of 
the Energy Act of 2020 (42 U.S.C. 13344), as amended by section 40205 
of division D of this Act:  Provided further, That of the amount 
provided under this heading in this Act and in addition to amounts 
otherwise made available for this purpose, $127,000,000 shall be to 
carry out rare earth mineral security activities, as authorized under 
section 7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a)):  
Provided further, That of the funds in the preceding proviso, 
$23,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $24,200,000, to remain available until 
expended, shall be made available for fiscal year 2023, $25,400,000, to 
remain available until expended, shall be made available for fiscal 
year 2024, $26,600,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $27,800,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the amount provided under this heading in 
this Act and in addition to amounts otherwise made available for this 
purpose, $600,000,000 shall be to carry out critical material 
innovation, efficiency, and alternatives activities under section 
7002(g) of the Energy Act of 2020 (30 U.S.C. 1606(g)):  Provided 
further, That of the funds in the preceding proviso, $230,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2022, $100,000,000, to remain available until expended, shall be 
made available for fiscal year 2023, $135,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$135,000,000, to remain available until expended, shall be made 
available for fiscal year 2025:  Provided further, That of the amount 
provided under this heading in this Act and in addition to amounts 
otherwise made available for this purpose, $75,000,000 shall be for the 
Critical Material Supply Chain Research Facility, as authorized under 
section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h)):  
Provided further, That of the funds in the preceding proviso, 
$40,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, and $35,000,000, to remain available 
until expended, shall be made available for fiscal year 2023:  Provided 
further, That of the amount provided under this heading in this Act, 
$30,000,000 shall be to carry out activities authorized in section 
349(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.15907(b)(2)), as 
amended by section 40601 of division D of this Act:  Provided further, 
That not later than 90 days after the date of enactment of this Act, 
the Secretary of Energy shall submit to the House and Senate Committees 
on Appropriations a detailed spend plan for fiscal year 2022:  Provided 
further, That for each fiscal year through 2026, as part of the annual 
budget submission of the President under section 1105(a) of title 31, 
United States Code, the Secretary of Energy shall submit a detailed 
spend plan for that fiscal year:  Provided further, That up to three 
percent of the amounts made available under this heading in this Act in 
each of fiscal years 2022 through 2026 shall be for program direction:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

  Carbon Dioxide Transportation Infrastructure Finance and Innovation 
                            Program Account

    For an additional amount for ``Carbon Dioxide Transportation 
Infrastructure Finance and Innovation Program Account'', 
$2,100,000,000, to remain available until expended, to carry out 
activities for the Carbon Dioxide Transportation Infrastructure Finance 
and Innovation Program, as authorized by subtitle J of title IX of the 
Energy Policy Act of 2005 (42 U.S.C. 16181 et seq.), as amended by 
section 40304(a) of division D of this Act:  Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974:  Provided further, 
That $3,000,000, to remain available until expended, shall be made 
available for fiscal year 2022 and $2,097,000,000, to remain available 
until expended, shall be made available for fiscal year 2023:  Provided 
further, That the amount made available under this heading in this Act 
for fiscal year 2022 shall be for administrative expenses to carry out 
the loan program:  Provided further, That the Office of Fossil Energy 
and Carbon Management shall oversee the Carbon Dioxide Transportation 
Infrastructure Finance and Innovation program, in consultation and 
coordination with the Department of Energy's Loan Program Office:  
Provided further, That not later than 270 days after the date of 
enactment of this Act, the Secretary of Energy shall submit to the 
House and Senate Committees on Appropriations an analysis of how 
subsidy rates will be determined for loans financed by appropriations 
provided under this heading in this Act and an analysis of the process 
for developing draft regulations for the program, including a crosswalk 
from the statutory requirements for such program, and a timetable for 
publishing such regulations:  Provided further, That for each fiscal 
year through 2027, the annual budget submission of the President under 
section 1105(a) of title 31, United States Code, shall include a 
detailed request for the amount recommended for allocation for the 
Carbon Dioxide Transportation Finance and Innovation program from 
amounts provided under this heading in this Act and such detailed 
request shall include any information required pursuant to the Federal 
Credit Reform Act of 1990, such as credit subsidy rates, a loan 
limitation, and necessary administrative expenses to carry out the loan 
program:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                 Office of Clean Energy Demonstrations

    For an additional amount for ``Office of Clean Energy 
Demonstrations'', $21,456,000,000, to remain available until expended:  
Provided, That the Office of Clean Energy Demonstrations, as authorized 
by section 41201 of division D of this Act, shall conduct 
administrative and project management responsibilities for the 
demonstration projects provided for under this heading in this Act:  
Provided further, That the Office of Clean Energy Demonstrations shall 
consult and coordinate with technology-specific program offices to 
ensure alignment of technology goals and avoid unnecessary duplication: 
 Provided further, That of the amount provided under this heading in 
this Act and in addition to amounts otherwise made available for this 
purpose, $355,000,000 shall be to carry out the Energy Storage 
Demonstration Pilot Grant Program, as authorized under section 3201(c) 
of the Energy Act of 2020 (42 U.S.C. 17232(c)):  Provided further, That 
of the funds in the preceding proviso, $88,750,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$88,750,000, to remain available until expended, shall be made 
available for fiscal year 2023, $88,750,000, to remain available until 
expended, shall be made available for fiscal year 2024, $88,750,000, to 
remain available until expended, shall be made available for fiscal 
year 2025:  Provided further, That of the amount provided under this 
heading in this Act and in addition to amounts otherwise made available 
for this purpose, $150,000,000 to carry out the Long-duration 
Demonstration Initiative and Joint Program, as authorized under section 
3201(d) of the Energy Act of 2020 (42 U.S.C. 17232(d)):  Provided 
further, That of the funds in the preceding proviso, $37,500,000, to 
remain available until expended, shall be made available for fiscal 
year 2022, $37,500,000, to remain available until expended, shall be 
made available for fiscal year 2023, $37,500,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$37,500,000, to remain available until expended, shall be made 
available for fiscal year 2025:  Provided further, That of the amount 
provided under this heading in this Act and in addition to amounts 
otherwise made available for this purpose, $2,477,000,000 shall be to 
carry out the Advanced Reactor Demonstration Program, as authorized 
under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a): 
 Provided further, That of the funds in the preceding proviso, 
$677,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $600,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $600,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $600,000,000, to remain available until expended, shall be 
made available for fiscal year 2025:  Provided further, That funds in 
the preceding proviso shall be for projects selected prior to the date 
of enactment of this Act:  Provided further, That of the amount 
provided under this heading in this Act and in addition to amounts 
otherwise made available for this purpose, $937,000,000 shall be to 
carry out the Carbon Capture Large-scale Pilot Projects, as authorized 
under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 
16292(b)(2)(B)):  Provided further, That of the funds in the preceding 
proviso, $387,000,000, to remain available until expended, shall be 
made available for fiscal year 2022, $200,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $150,000,000, to remain available until 
expended, shall be made available for fiscal year 2025:  Provided 
further, That of the amount provided under this heading in this Act and 
in addition to amounts otherwise made available for this purpose, 
$2,537,000,000 shall be for the Carbon Capture Demonstration Projects 
Program, as authorized under section 962(b)(2)(C) of the Energy Policy 
Act of 2005 (42 U.S.C. 16292(b)(2)(C)):  Provided further, That of the 
funds in the preceding proviso, $937,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $500,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2023, $500,000,000, to remain available until expended, shall be 
made available for fiscal year 2024, $600,000,000, to remain available 
until expended, shall be made available for fiscal year 2025:  Provided 
further, That of the amount provided under this heading in this Act and 
in addition to amounts otherwise made available for this purpose, 
$500,000,000 shall be to carry out Industrial Emission Demonstration 
Projects, as authorized under section 454(d)(3) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17113(d)(3)):  
Provided further, That of the funds in the preceding proviso, 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $150,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $150,000,000, to remain available until expended, shall be 
made available for fiscal year 2025:  Provided further, That of the 
amount provided under this heading in this Act and in addition to 
amounts otherwise made available for this purpose, $500,000,000 shall 
be to carry out the Clean Energy Demonstration Program on Current and 
Former Mine Land, as authorized under section 40342 of division D of 
this Act:  Provided further, That of the funds in the preceding 
proviso, $100,000,000, to remain available until expended, shall be 
made available for fiscal year 2022, $100,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amount 
provided under this heading in this Act, $8,000,000,000 shall be made 
for Regional Clean Hydrogen Hubs, as authorized under section 813 of 
the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended by 
section 40314 of division D of this Act:  Provided further, That of the 
funds in the preceding proviso, $1,600,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$1,600,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $1,600,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$1,600,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $1,600,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$5,000,000,000 shall be for grants for the Program Upgrading Our 
Electric Grid and Ensuring Reliability and Resiliency, as authorized 
under section 40103(b) of division D of this Act:  Provided further, 
That of the funds in the preceding proviso, $1,000,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the amount provided under this heading in this Act, 
$1,000,000,000 shall be to carry out activities for energy improvement 
in rural and remote areas, as authorized under section 40103(c) of 
division D of this Act:  Provided further, That of the funds in the 
preceding proviso, $200,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $200,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That not later than 
90 days after the date of enactment of this Act, the Secretary of 
Energy shall submit to the House and Senate Committees on 
Appropriations a detailed spend plan for fiscal year 2022:  Provided 
further, That for each fiscal year through 2026, as part of the annual 
budget submission of the President under section 1105(a) of title 31, 
United States Code, the Secretary of Energy shall submit a detailed 
spend plan for that fiscal year:  Provided further, That up to three 
percent of the amounts made available under this heading in this Act in 
each of fiscal years 2022 through 2026 shall be for program direction:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    POWER MARKETING ADMINISTRATIONS

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

                     (including transfer of funds)

    For an additional amount for ``Construction, Rehabilitation, 
Operation and Maintenance, Western Area Power Administration'', 
$500,000,000, to remain available until expended, for the purchase of 
power and transmission services:  Provided, That the amount made 
available under this heading in this Act shall be derived from the 
general fund of the Treasury and shall be reimbursable from amounts 
collected by the Western Area Power Administration pursuant to the 
Flood Control Act of 1944 and the Reclamation Project Act of 1939 to 
recover purchase power and wheeling expenses:  Provided further, That 
such amounts as the Administrator, Western Area Power Administration, 
deems necessary for the same purposes as outlined above may be 
transferred to Western Area Power Administration's Colorado River 
Basins Power Marketing Fund account:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

                     (including transfer of funds)

    Sec. 301.  Notwithstanding section 3304 of title 5, United States 
Code, and without regard to the provisions of sections 3309 through 
3318 of such title 5, the Secretary of Energy, upon a determination 
that there is a severe shortage of candidates or a critical hiring need 
for particular positions to carry out the Department of Energy 
activities funded under this title, may, from within the funds provided 
to the Department of Energy under this title, recruit and directly 
appoint highly qualified individuals into the competitive service:  
Provided, That such authority shall not apply to positions in the 
Excepted Service or the Senior Executive Service:  Provided further, 
That any action authorized herein shall be consistent with the merit 
principles of section 2301 of such title 5, and the Department shall 
comply with the public notice requirements of section 3327 of such 
title 5:  Provided further, That the authority under this section shall 
terminate on September 30, 2027:  Provided further, That 180 days after 
the date of enactment of this Act, the Secretary of Energy shall submit 
to the House and Senate Committees on Appropriations an estimate of the 
number of highly qualified individuals it expects to hire under the 
authority provided in this section.
    Sec. 302.  Up to one-tenth of one percent of each amount 
appropriated to the Department of Energy in this title may be 
transferred to ``Departmental Administration'' to be used for 
additional management and mission support for funds made available to 
the Department of Energy in this title in this Act.
    Sec. 303.  One-tenth of one percent of the amounts made available 
to the Department of Energy under each heading in this title in this 
Act in each of fiscal years 2022 through 2026 shall be transferred to 
the Office of the Inspector General of the Department of Energy to 
oversee the funds made available to the Department of Energy in this 
title in this Act.

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For an additional amount for ``Appalachian Regional Commission'', 
$1,000,000,000, to remain available until expended, notwithstanding 40 
U.S.C. 14704:  Provided, That of the funds in the preceding proviso, 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $200,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $200,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $200,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        Delta Regional Authority

    For an additional amount for ``Delta Regional Authority'', 
$150,000,000 to remain available until expended:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                           Denali Commission

    For an additional amount for ``Denali Commission'', $75,000,000 to 
remain available until expended:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                  Northern Border Regional Commission

    For an additional amount for ``Northern Border Regional 
Commission'', $150,000,000 to remain available until expended:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 Southeast Crescent Regional Commission

    For an additional amount for ``Southeast Crescent Regional 
Commission'', $5,000,000 to remain available until expended:  Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                  Southwest Border Regional Commission

    For an additional amount for ``Southwest Border Regional 
Commission'', $1,250,000 to remain available until expended:  Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

          TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                 Office of the National Cyber Director

                         salaries and expenses

    For an additional amount for ``Office of the National Cyber 
Director'', $21,000,000, to remain available until September 30, 2022, 
to carry out the purposes of section 1752 of the National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283):  Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                   Federal Communications Commission

                      affordable connectivity fund

    For an additional amount for the ``Affordable Connectivity Fund'', 
$14,200,000,000, to remain available until expended, for the Affordable 
Connectivity Program, as authorized under section 904(b)(1) of division 
N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as 
amended by section 60502 of division F of this Act:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

            federal permitting improvement steering council

                 environmental review improvement fund

    For an additional amount for the ``Environmental Review Improvement 
Fund'', $3,000,000 to remain available until September 30, 2026:  
Provided, That $650,000, to remain available until September 30, 2022, 
shall be made available for fiscal year 2022, $650,000, to remain 
available until September 30, 2023, shall be made available for fiscal 
year 2023, $650,000, to remain available until September 30, 2024, 
shall be made available for fiscal year 2024, $650,000, to remain 
available until September 30, 2025, shall be made available for fiscal 
year 2025, and $400,000, to remain available until September 30, 2026, 
shall be made available for fiscal year 2026:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                    General Services Administration

                        real property activities

                         federal buildings fund

                     (including transfers of funds)

    For an additional amount to be deposited in the ``Federal Buildings 
Fund'', $3,418,008,000, to remain available until expended, for 
construction and acquisition, and repairs and alterations of border 
stations and land ports of entry, of which no more than $250,000,000 
shall be for Program Contingency and Operational Support for necessary 
expenses for projects funded under this heading, including, moving 
governmental agencies (including space alterations and adjustments, and 
telecommunications relocation expenses) in connection with the 
assignment, allocation and transfer of space, leasing of temporary 
space, and building operations, of which--
        (1) $2,527,808,000 shall be for projects on the U.S. Customs 
    and Border Protection five-year plan;
        (2) $430,200,000 shall be for projects with completed U.S. 
    Customs and Border Protection/General Services Administration 
    feasibility studies as prioritized in the ``American Jobs Plan 
    Project List'' submitted to the House and Senate Committees on 
    Appropriations on May 28, 2021; and
        (3) $210,000,000 shall be for land ports of entry (LPOE) 
    infrastructure paving; acquisition of leased LPOEs; and additional 
    Federal Motor Carrier Safety Administration requirements at the 
    Southern Border:
  Provided, That the General Services Administration shall submit a 
plan, by project, regarding the use of funds made available to the 
Administrator under this heading in this Act to the Committees on 
Appropriations of the House of Representatives and the Senate within 90 
days of enactment of this Act:  Provided further, That the 
Administrator of General Services shall notify the Committees on 
Appropriations of the House of Representatives and the Senate quarterly 
on the obligations and expenditures of the funds provided under this 
heading in this Act by account of the Federal Buildings Fund:  Provided 
further, That funds made available under this heading in this Act for 
Federal Buildings Fund activities may be transferred to, and merged 
with, other accounts within the Federal Buildings Fund only to the 
extent necessary to meet program requirements for such activities:  
Provided further, That the General Services Administration will provide 
notice in advance to the Committees on Appropriations of the House of 
Representatives and the Senate of any proposed transfers:  Provided 
further, That funds made available to the Administrator under this 
heading in this Act shall not be subject to section 3307 of title 40, 
United States Code:  Provided further, That amounts made available 
under this heading in this Act shall be in addition to any other 
amounts made available for such purposes, including for construction 
and acquisition or repairs and alterations:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                TITLE V--DEPARTMENT OF HOMELAND SECURITY

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

    For an additional amount for ``Operations and Support'', 
$330,000,000, to remain available until September 30, 2026, for 
furniture, fixtures, and equipment for the land ports of entry 
modernized with funding provided to the General Services Administration 
in this Act:  Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

              procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'', $100,000,000, to remain available until September 30, 
2026, for land port of entry construction, modernization, and 
sustainment:  Provided, That not later than 90 days after the date of 
enactment of this Act, the Department shall submit to the House and 
Senate Committees on Appropriations a detailed spend plan for the 
amount made available under this heading in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                              Coast Guard

                         operations and support

    For an additional amount for ``Operations and Support'', 
$5,000,000, to remain available until September 30, 2026, for personnel 
and administrative expenses:  Provided, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
resolution on the budget for fiscal year 2018, and to section 251(b) of 
the Balanced Budget and Emergency Deficit Control Act of 1985.

              procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'', $429,000,000, to remain available until September 30, 
2026:  Provided, That of the funds made available under this heading in 
this Act--
        (1) $131,500,000 shall be for housing, family support, safety, 
    and training facilities, as described in the Coast Guard Fiscal 
    Year 2022 Unfunded Priorities List submitted to Congress on June 
    29, 2021;
        (2) $158,000,000 shall be for shore construction addressing 
    facility deficiencies, as described in the Coast Guard Fiscal Year 
    2022 Unfunded Priorities List submitted to Congress on June 29, 
    2021;
        (3) $19,500,000 shall be for shore construction supporting 
    operational assets and maritime commerce, as described in the Coast 
    Guard Fiscal Year 2022 Unfunded Priorities List submitted to 
    Congress on June 29, 2021; and
        (4) $120,000,000 shall be for construction and improvement of 
    childcare development centers:
  Provided further, That not later than 90 days after the date of 
enactment of this Act, the Department shall submit to the Committees on 
Appropriations and Commerce, Science, and Transportation of the Senate 
and the Committees on Appropriations and Transportation and 
Infrastructure in the House of Representatives a detailed expenditure 
plan, including a list of project locations under each paragraph in the 
preceding proviso:  Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For an additional amount for ``Operations and Support'', 
$35,000,000, to remain available until September 30, 2026, for risk 
management operations and stakeholder engagement and requirements:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                cybersecurity response and recovery fund

    For an additional amount for ``Cybersecurity Response and Recovery 
Fund'', $100,000,000, to remain available until September 30, 2028, for 
cyber response and recovery, as authorized by subtitle C of the 
Homeland Security Act of 2002, as amended by this Act:  Provided, That 
$20,000,000, to remain available until September 30, 2028, shall be 
made available for fiscal year 2022, $20,000,000, to remain available 
until September 30, 2028, shall be made available for fiscal year 2023, 
$20,000,000, to remain available until September 30, 2028, shall be 
made available for fiscal year 2024, $20,000,000, to remain available 
until September 30, 2028, shall be made available for fiscal year 2025, 
and $20,000,000, to remain available until September 30, 2028, shall be 
made available for fiscal year 2026:  Provided further, That amounts 
provided under this heading in this Act shall be available only upon a 
declaration of a significant incident by the Secretary of Homeland 
Security pursuant to section 2233 of the Homeland Security Act of 2002, 
as amended by this Act:  Provided further, That the Cybersecurity and 
Infrastructure Security Agency shall provide to the Committees on 
Appropriations and Homeland Security and Governmental Affairs of the 
Senate and the Committees on Appropriations and Oversight and Reform of 
the House of Representatives monthly reports, to be submitted not later 
than the tenth business day following the end of each month, on the 
status of funds made available under this heading in this Act, 
including an accounting of the most recent funding allocation 
estimates, obligations, expenditures, and unobligated funds, delineated 
by significant incident, as defined in section 2232 of the Homeland 
Security Act of 2002, as amended by this Act:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                  Federal Emergency Management Agency

                         operations and support

    For an additional amount for ``Operations and Support'', 
$67,000,000, to remain available until September 30, 2026, for Federal 
agency dam safety activities and assistance to States under sections 7 
through 12 of the National Dam Safety Program Act (33 U.S.C. 467e 
through 467h):  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                           federal assistance

                     (including transfer of funds)

    For an additional amount for ``Federal Assistance'', 
$2,233,000,000, which shall be allocated as follows:
        (1) $500,000,000, to remain available until expended, for 
    grants pursuant to section 205 of the Robert T. Stafford Disaster 
    Relief and Emergency Assistance Act (42 U.S.C. 5135):  Provided, 
    That $100,000,000, to remain available until expended, shall be 
    made available for fiscal year 2022, $100,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2023, $100,000,000, to remain available until expended, shall be 
    made available for fiscal year 2024, $100,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2025, and $100,000,000, to remain available until expended, shall 
    be made available for fiscal year 2026:  Provided further, That in 
    addition to amounts made available for administrative expenses 
    under section 205(d)(2) of the Robert T. Stafford Disaster Relief 
    and Emergency Assistance Act (42 U.S.C. 5135(d)(2)), no more than 3 
    percent of the amounts made available in fiscal year 2022, 3 
    percent of the amounts made available in fiscal year 2023, and 3 
    percent of the amounts made available in each of fiscal years 2024 
    through 2026 under this paragraph in this Act may be transferred to 
    ``Federal Emergency Management Agency--Operations and Support'' for 
    salaries and expenses.
        (2) $733,000,000, to remain available until expended:  
    Provided, That $148,000,000 of the amounts made available under 
    this paragraph in this Act shall be for grants to States pursuant 
    to section 8(e) of the National Dam Safety Program Act (33 U.S.C. 
    467f(e)):  Provided further, That $585,000,000 of the amounts made 
    available under this paragraph in this Act shall be for grants to 
    States pursuant to section 8A of the National Dam Safety Program 
    Act (33 U.S.C. 467f-2), of which no less than $75,000,000 shall be 
    for the removal of dams:  Provided further, That dam removal 
    projects shall include written consent of the dam owner, if 
    ownership is established:  Provided further, That in addition to 
    amounts made available for administrative expenses, no more than 3 
    percent of the amounts made available under this paragraph in this 
    Act may be transferred to ``Federal Emergency Management Agency--
    Operations and Support'' for salaries and expenses.
        (3) $1,000,000,000 to remain available until expended, for 
    grants to states, local, tribal, and territorial governments for 
    improvement to cybersecurity and critical infrastructure, as 
    authorized by section 2218 of the Homeland Security Act of 2002, as 
    amended by this Act:  Provided, That $200,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2022, $400,000,000, to remain available until expended, shall be 
    made available for fiscal year 2023, $300,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2024, and $100,000,000, to remain available until expended, shall 
    be made available for fiscal year 2025:  Provided further, That no 
    more than 3 percent of the amounts made available in each of fiscal 
    years 2022 through 2025 under this paragraph in this Act may be 
    transferred to ``Federal Emergency Management Agency--Operations 
    and Support'' for salaries and expenses:
  Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                          disaster relief fund

                     (including transfer of funds)

    For an additional amount for ``Disaster Relief Fund'', 
$1,000,000,000, to remain available until expended, in addition to any 
amounts set aside pursuant to section 203(i) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), for 
grants pursuant to such section:  Provided, That $200,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2022, $200,000,000, to remain available until expended, shall be 
made available for fiscal year 2023, $200,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $200,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That no more than $16,500,000 of the amounts made available in 
each of fiscal years 2022 through 2026 under this heading in this Act 
may be transferred to ``Federal Emergency Management Agency--Operations 
and Support'' for salaries and expenses:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     national flood insurance fund

    For an additional amount for ``National Flood Insurance Fund'', 
$3,500,000,000, to be derived from the General Fund of the Treasury, to 
remain available until expended, for flood mitigation actions and for 
flood mitigation assistance under section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 
1366(e), 1310(a)(7), and 1367 of such Act (42 U.S.C.4104c(e), 
4017(a)(7), 4104d), in addition to any other funds available for this 
purpose:  Provided, That $700,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $700,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2023, $700,000,000, to remain available until expended, shall be 
made available for fiscal year 2024, $700,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$700,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That notwithstanding 
section 1366(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c(d)), the Administrator of the Federal Emergency Management Agency 
may also use amounts made available under subsection (a) to provide 
flood mitigation assistance under section 1366 of that Act (42 U.S.C. 
4104c) for mitigation activities in an amount up to 90 percent of all 
eligible costs for a property--
        (1) located within a census tract with a Centers for Disease 
    Control and Prevention Social Vulnerability Index score of not less 
    than 0.5001; or
        (2) that serves as a primary residence for individuals with a 
    household income of not more than 100 percent of the applicable 
    area median income:
  Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                   Science and Technology Directorate

                        research and development

    For an additional amount for ``Research and Development'', 
$157,500,000, to remain available until September 30, 2026, for 
critical infrastructure security and resilience research, development, 
test, and evaluation:  Provided, That the funds made available under 
this heading in this Act may be used for--
        (1) special event risk assessments rating planning tools;
        (2) electromagnetic pulse and geo-magnetic disturbance 
    resilience capabilities;
        (3) positioning, navigation, and timing capabilities;
        (4) public safety and violence prevention to evaluate soft 
    target security, including countering improvised explosive device 
    events and protection of U.S. critical infrastructure; and
        (5) research supporting security testing capabilities relating 
    to telecommunications equipment, industrial control systems, and 
    open source software:
  Provided further, That not later than 90 days after the date of 
enactment of this Act, the Department shall submit to the House and 
Senate Committees on Appropriations a detailed spend plan for the 
amount made available under this heading in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     GENERAL PROVISION--THIS TITLE

    Sec. 501.  One-quarter of one percent of the amounts made available 
under each heading in this title in this Act in each of fiscal years 
2022 through 2026 shall be transferred to the Office of the Inspector 
General of the Department of the Homeland Security for oversight of 
funding provided to the Department of Homeland Security in this title 
in this Act.

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

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                          resource management

                     (including transfers of funds)

    For an additional amount for ``Resource Management'', $455,000,000, 
to remain available until expended:  Provided, That $91,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2022, $91,000,000, to remain available until expended, shall be 
made available for fiscal year 2023, $91,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$91,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $91,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That of the funds made available under this heading in this 
Act, the following amounts shall be for the following purposes in equal 
amounts for each of fiscal years 2022 through 2026, and shall be in 
addition to amounts otherwise made available for such purpose--
        (1) $255,000,000 shall be for the following regional ecosystem 
    restoration purposes--
            (A) $26,000,000 shall be for Delaware River Basin 
        Conservation Act;
            (B) $162,000,000 shall be for Klamath Basin restoration 
        activities, including habitat restoration, planning, design, 
        engineering, environmental compliance, fee acquisition, 
        infrastructure development, construction, operations and 
        maintenance, improvements, and expansion, as necessary, on 
        lands currently leased by the U.S. Fish and Wildlife Service 
        for conservation and recovery of endangered species;
            (C) $17,000,000 shall be for implementing section 5(d)(2) 
        of the Lake Tahoe Restoration Act; and
            (D) $50,000,000 shall be for sagebrush steppe ecosystem;
        (2) $200,000,000 shall be for restoring fish and wildlife 
    passage by removing in-stream barriers and providing technical 
    assistance under the National Fish Passage Program:
  Provided further, That one-half of one percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be transferred to the Office of Inspector General of 
the Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title in this Act:  Provided 
further, That nothing under this heading in this Act shall be construed 
as providing any new authority to remove, breach, or otherwise alter 
the operations of a Federal hydropower dam and dam removal projects 
shall include written consent of the dam owner, if ownership is 
established:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                    United States Geological Survey

                 surveys, investigations, and research

                     (including transfers of funds)

    For an additional amount for ``Surveys, Investigations, and 
Research'', $510,668,000, to remain available until expended, for the 
Secretary of the Interior to carry out activities authorized in 
sections 40201, 40204, and 41003(a) of division D of this Act:  
Provided, That amounts made available under this heading in this Act 
shall be allocated as follows:
        (1) $320,000,000 to carry out section 40201 of division D of 
    this Act:  Provided, That $64,000,000, to remain available until 
    September 30, 2024, shall be made available for fiscal year 2022, 
    $64,000,000, to remain available until September 30, 2025, shall be 
    made available for fiscal year 2023, $64,000,000, to remain 
    available until September 30, 2026, shall be made available for 
    fiscal year 2024, $64,000,000, to remain available until September 
    30, 2027, shall be made available for fiscal year 2025, and 
    $64,000,000, to remain available until September 30, 2028, shall be 
    made available for fiscal year 2026;
        (2) $167,000,000, to remain available until expended, for 
    fiscal year 2022 to carry out section 40204 of division D of this 
    Act;
        (3) $23,668,000 to carry out section 41003(a) of division D of 
    this Act:  Provided, That $8,668,000, to remain available until 
    September 30, 2024, shall be made available for fiscal year 2022, 
    $5,000,000, to remain available until September 30, 2025, shall be 
    made available for fiscal year 2023, $5,000,000, to remain 
    available until September 30, 2026, shall be made available for 
    fiscal year 2024, and $5,000,000, to remain available until 
    September 30, 2027, shall be made available for fiscal year 2025:
  Provided further, That amounts provided under this heading in this 
Act shall be in addition to amounts otherwise available for such 
purposes:  Provided further, That one-half of one percent of the 
amounts made available under this heading in this Act in each of fiscal 
years 2022 through 2026 shall be transferred to the Office of Inspector 
General of the Department of the Interior for oversight of funding 
provided to the Department of the Interior in this title in this Act:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

          Office of Surface Mining Reclamation and Enforcement

                    abandoned mine reclamation fund

                     (including transfers of funds)

    For an additional amount to be deposited in the ``Abandoned Mine 
Reclamation Fund'', $11,293,000,000, to remain available until 
expended, to carry out section 40701 of division D of this Act:  
Provided, That of the amount provided under this heading in this Act, 
$25,000,000, to remain available until expended, shall be to carry out 
activities as authorized in section 40701(g) of division D of this Act: 
 Provided further, That up to 3 percent of the amounts made available 
under this heading in this Act shall be for salaries, expenses, and 
administration:  Provided further, That one-half of one percent of the 
amounts made available under this heading in this Act shall be 
transferred to the Office of Inspector General of the Department of the 
Interior for oversight of funding provided to the Department of the 
Interior in this title in this Act:  Provided further, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                             Indian Affairs

                        Bureau of Indian Affairs

                      operation of indian programs

                     (including transfers of funds)

    For an additional amount for ``Operation of Indian Programs'', 
$216,000,000, to remain available until expended for tribal climate 
resilience, adaptation, and community relocation planning, design, and 
implementation of projects which address the varying climate challenges 
facing tribal communities across the country:  Provided, That of the 
funds in the preceding proviso, $43,200,000, to remain available until 
expended, shall be made available for fiscal year 2022, $43,200,000, to 
remain available until expended, shall be made available for fiscal 
year 2023, $43,200,000, to remain available until expended shall be 
made available for fiscal year 2024, $43,200,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$43,200,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the funds 
made available under the preceding proviso for fiscal years 2022 
through 2026, $130,000,000 shall be for community relocation, and 
$86,000,000 shall be for tribal climate resilience and adaptation 
projects:  Provided further, That up to 3 percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be for salaries, expenses, and administration:  
Provided further, That one-half of one percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be transferred to the Office of Inspector General of 
the Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title in this Act:  Provided 
further, That awards made under subsection (d) to Tribes and Tribal 
organizations under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5301 et seq.) shall be considered non-
recurring and shall not be part of the amount required by section 106 
of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5325), and such funds shall only be used for the purposes 
identified in this section:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                              construction

                     (including transfers of funds)

    For an additional amount for ``Construction'', $250,000,000, to 
remain available until expended, for construction, repair, improvement, 
and maintenance of irrigation and power systems, safety of dams, water 
sanitation, and other facilities:  Provided, That any funds provided 
for the Safety of Dams program pursuant to the Act of November 2, 1921 
(25 U.S.C. 13), shall be made available on a nonreimbursable basis:  
Provided further, That $50,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $50,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$50,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $50,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$50,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the funds 
made available under this heading in this Act for fiscal years 2022 
through 2026--
        (1) Not less than $50,000,000 shall be for addressing 
    irrigation and power systems; and
        (2) $200,000,000 shall be for safety of dams, water sanitation, 
    and other facilities:
  Provided further, That up to 3 percent of the amounts made available 
under this heading in this Act in each of fiscal years 2022 through 
2026 shall be for salaries, expenses, and administration:  Provided 
further, That one-half of one percent of the amounts made available 
under this heading in this Act in each of fiscal years 2022 through 
2026 shall be transferred to the Office of Inspector General of the 
Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                          Departmental Offices

                        Office of the Secretary

                        departmental operations

                     (including transfers of funds)

    For an additional amount for ``Departmental Operations'', 
$905,000,000, to remain available until expended, for the Secretary of 
the Interior to carry out activities, as authorized in section 40804 of 
division D of this Act:  Provided, That $337,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$142,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $142,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $142,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2025, and $142,000,000, to remain available until expended, shall 
be made available for fiscal year 2026:  Provided further, That the 
Secretary may transfer the funds provided under this heading in this 
Act to any other account in the Department of the Interior to carry out 
such purposes:  Provided further, That the Secretary of the Interior 
and the Secretary of Agriculture, acting through the Chief of the 
Forest Service, may authorize the transfer of funds provided under this 
heading in this Act between the Departments for the purpose of carrying 
out activities as authorized in section 40804(b)(1) of division D of 
this Act:  Provided further, That up to 3 percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be for salaries, expenses, and administration:  
Provided further, That one-half of one percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be transferred to the Office of Inspector General of 
the Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                        Department-Wide Programs

                        wildland fire management

                     (including transfers of funds)

    For an additional amount for ``Wildland Fire Management'', 
$1,458,000,000, to remain available until expended:  Provided, That 
$407,600,000, to remain available until expended, shall be made 
available for fiscal year 2022, $262,600,000, to remain available until 
expended, shall be made available for fiscal year 2023, $262,600,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $262,600,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $262,600,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the funds made available under this heading 
in this Act, the following amounts shall be for the following purposes 
for the following fiscal years--
        (1) $1,055,000,000 for the Secretary of the Interior to carry 
    out activities for the Department of the Interior, as authorized in 
    section 40803 of division D of this Act, including fuels management 
    activities, of which $327,000,000, to remain available until 
    expended, shall be made available for fiscal year 2022 and 
    $182,000,000, to remain available until expended, shall be made 
    available for each of fiscal years 2023 through 2026;
        (2) In addition to amounts made available in paragraph (1) for 
    fuels management activities, $35,600,000 for each of fiscal years 
    2022 through 2026 for such purpose; and
        (3) In addition to amounts made available in paragraph (1) for 
    burned area rehabilitation, $45,000,000 for each of fiscal years 
    2022 through 2026 for such purpose:
  Provided further, That up to $2,000,000 for each of fiscal years 2022 
through 2026 from funds made available in paragraphs (2) and (3) of the 
preceding proviso shall be for implementation of the Tribal Forestry 
Protection Act, as amended (Public Law 108-278):  Provided further, 
That the Secretary may transfer the funds provided under this heading 
in this Act to any other account in the Department of the Interior to 
carry out such purposes:  Provided further, That funds appropriated 
under this heading in this Act may be transferred to the United States 
Fish and Wildlife Service and the National Marine Fisheries Service for 
the costs of carrying out their responsibilities under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, 
as required by section 7 of such Act, in connection with wildland fire 
management activities:  Provided further, That up to 3 percent of the 
amounts made available under this heading in this Act in each of fiscal 
years 2022 through 2026 shall be for salaries, expenses, and 
administration:  Provided further, That one-half of one percent of the 
amounts made available under this heading in this Act in each of fiscal 
years 2022 through 2026 shall be transferred to the Office of Inspector 
General of the Department of the Interior for oversight of funding 
provided to the Department of the Interior in this title in this Act:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                Energy Community Revitalization Program

                     (including transfers of funds)

    For an additional amount for Department-Wide Programs, 
$4,677,000,000, to remain available until expended, for an Energy 
Community Revitalization program to carry out orphaned well site 
plugging, remediation, and restoration activities authorized in section 
349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by 
section 40601 of division D of this Act:  Provided, That of the funds 
made available under this heading in this Act, the following amounts 
shall be for the following purposes--
        (1) $250,000,000, to remain available until September 30, 2030, 
    shall be to carry out activities authorized in section 349(b) of 
    the Energy Policy Act of 2005 (42 U.S.C. 15907(b)), as amended by 
    section 40601 of division D of this Act;
        (2) $775,000,000, to remain available until September 30, 2030, 
    shall be to carry out activities authorized in section 349(c)(3) of 
    the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(3)), as amended 
    by section 40601 of division D of this Act;
        (3) $2,000,000,000, to remain available until September 30, 
    2030, shall be to carry out activities authorized in section 
    349(c)(4) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(4)), 
    as amended by section 40601 of division D of this Act;
        (4) $1,500,000,000, to remain available until September 30, 
    2030, shall be to carry out activities authorized in section 
    349(c)(5) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(5)), 
    as amended by section 40601 of division D of this Act;
        (5) $150,000,000, to remain available until September 30, 2030, 
    shall be to carry out activities authorized in section 349(d) of 
    the Energy Policy Act of 2005 (42 U.S.C.15907(d)), as amended by 
    section 40601 of division D of this Act;
  Provided further, That of the amount provided under this heading in 
this Act, $2,000,000 shall be provided by the Secretary through a 
cooperative agreement with the Interstate Oil and Gas Compact 
Commission to carry out the consultations authorized in section 349 of 
the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by section 
40601 of division D of this Act:  Provided further, That amounts 
provided under this heading in this Act shall be in addition to amounts 
otherwise available for such purposes:  Provided further, That amounts 
provided under this heading in this Act are not available to fulfill 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) obligations agreed to in settlement or imposed by a court, 
whether for payment of funds or for work to be performed:  Provided 
further, That the Secretary may transfer the funds provided under this 
heading in this Act to any other account in the Department of the 
Interior to carry out such purposes:  Provided further, That the 
Secretary may transfer funds made available in paragraph (1) of the 
first proviso under this heading to the Secretary of Agriculture, 
acting through the Chief of the Forest Service, to carry out such 
purposes:  Provided further, That up to 3 percent of the amounts made 
available under this heading in this Act shall be for salaries, 
expenses, and administration:  Provided further, That one-half of one 
percent of the amounts made available under this heading in this Act 
shall be transferred to the Office of Inspector General of the 
Department of the Interior for oversight of funding provided to the 
Department of the Interior in this title in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

             General Provisions, Department of the Interior

    Sec. 601.  Not later than 90 days after the date of enactment of 
this Act, the Secretary of the Interior shall submit to the House and 
Senate Committees on Appropriations a detailed spend plan for the funds 
provided to the Department of the Interior in this title in this Act 
for fiscal year 2022, and for each fiscal year through 2026, as part of 
the annual budget submission of the President under section 1105(a) of 
title 31, United States Code, the Secretary of the Interior shall 
submit a detailed spend plan for the funds provided to the Department 
of the Interior in this title in this Act for that fiscal year.

                    ENVIRONMENTAL PROTECTION AGENCY

                 Environmental Programs and Management

                     (including transfers of funds)

    For an additional amount for ``Environmental Programs and 
Management'', $1,959,000,000, which shall be allocated as follows:
        (1) $1,717,000,000, to remain available until expended, for 
    Geographic Programs as specified in the explanatory statement 
    described in section 4 of the matter preceding division A of Public 
    Law 116-260:  Provided, That $343,400,000, to remain available 
    until expended, shall be made available for fiscal year 2022, 
    $343,400,000, to remain available until expended, shall be made 
    available for fiscal year 2023, $343,400,000, to remain available 
    until expended, shall be made available for fiscal year 2024, 
    $343,400,000, to remain available until expended, shall be made 
    available for fiscal year 2025, and $343,400,000, to remain 
    available until expended, shall be made available for fiscal year 
    2026:  Provided further, That of the funds made available in this 
    paragraph in this Act, the following amounts shall be for the 
    following purposes in equal amounts for each of fiscal years 2022 
    through 2026--
            (A) $1,000,000,000 shall be for Great Lakes Restoration 
        Initiative;
            (B) $238,000,000 shall be for Chesapeake Bay;
            (C) $24,000,000 shall be for San Francisco Bay;
            (D) $89,000,000 shall be for Puget Sound;
            (E) $106,000,000 shall be for Long Island Sound;
            (F) $53,000,000 shall be for Gulf of Mexico;
            (G) $16,000,000 shall be for South Florida;
            (H) $40,000,000 shall be for Lake Champlain;
            (I) $53,000,000 shall be for Lake Pontchartrain;
            (J) $15,000,000 shall be for Southern New England 
        Estuaries;
            (K) $79,000,000 shall be for Columbia River Basin; and
            (L) $4,000,000 shall be for other geographic activities 
        which includes Pacific Northwest:
      Provided further, That the Administrator may waive or reduce the 
    required non-Federal share for amounts made available under this 
    paragraph in this Act for the purposes described in the preceding 
    proviso;
        (2) $132,000,000, to remain available until expended, for the 
    National Estuary Program grants under section 320(g)(2) of the 
    Federal Water Pollution Control Act, notwithstanding the funding 
    limitation in section 320(i)(2)(B) of the Act:  Provided, That 
    $26,400,000, to remain available until expended, shall be made 
    available for fiscal year 2022, $26,400,000, to remain available 
    until expended, shall be made available for fiscal year 2023, 
    $26,400,000, to remain available until expended, shall be made 
    available for fiscal year 2024, $26,400,000, to remain available 
    until expended, shall be made available for fiscal year 2025, and 
    $26,400,000, to remain available until expended, shall be made 
    available for fiscal year 2026:  Provided further, That the 
    Administrator may waive or reduce the required non-Federal share 
    for amounts made available under this paragraph in this Act:  
    Provided further, That up to three percent of the amounts made 
    available under this paragraph in this Act shall be for salaries, 
    expenses, and administration;
        (3) $60,000,000, to remain available until expended, for 
    actions under the Gulf Hypoxia Action Plan:  Provided, That 
    $12,000,000, to remain available until expended, shall be made 
    available for fiscal year 2022, $12,000,000, to remain available 
    until expended, shall be made available for fiscal year 2023, 
    $12,000,000, to remain available until expended, shall be made 
    available for fiscal year 2024, $12,000,000, to remain available 
    until expended, shall be made available for fiscal year 2025, and 
    $12,000,000, to remain available until expended, shall be made 
    available for fiscal year 2026:  Provided further, That funds shall 
    be provided annually to the twelve states serving as members of the 
    Mississippi River/Gulf of Mexico Watershed Nutrient Task Force 
    (Arkansas, Iowa, Illinois, Indiana, Kentucky, Louisiana, Minnesota, 
    Missouri, Mississippi, Ohio, Tennessee, and Wisconsin) in equal 
    amounts for each state for the period of fiscal year 2022 to fiscal 
    year 2026:  Provided further, That up to three percent of the 
    amounts made available under this paragraph in this Act shall be 
    for salaries, expenses, and administration;
        (4) $25,000,000, to remain available until expended, to support 
    permitting of Class VI wells as authorized under section 40306 of 
    division D of this Act, to be carried out by Drinking Water 
    Programs:  Provided, That $5,000,000, to remain available until 
    expended, shall be made available for fiscal year 2022, $5,000,000, 
    to remain available until expended, shall be made available for 
    fiscal year 2023, $5,000,000, to remain available until expended, 
    shall be made available for fiscal year 2024, $5,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2025, and $5,000,000, to remain available until expended, shall be 
    made available for fiscal year 2026;
        (5) $10,000,000, to remain available until September 30, 2026, 
    for developing battery recycling best practices, as authorized 
    under section 70401(b) of division G of this Act, to be carried out 
    by the Resource Conservation and Recovery Act program;
        (6) $15,000,000, to remain available until September 30, 2026, 
    for developing voluntary battery labeling guidelines, as authorized 
    under section 70401(c) of division G of this Act, to be carried out 
    by the Resource Conservation and Recovery Act program;
  Provided, That funds provided for the purposes described in 
paragraphs (1), (2), and (3) under this heading in this Act may be 
transferred to the United States Fish and Wildlife Service and the 
National Marine Fisheries Service for the costs of carrying out their 
responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) to consult and conference, as required by section 7 of 
such Act, in connection with Geographic programs, the National Estuary 
Program, and the Gulf Hypoxia Action Plan:  Provided further, That 
amounts provided under this heading in this Act shall be in addition to 
amounts otherwise available for such purposes:  Provided further, That 
one-half of one percent of the amounts made available under this 
heading in this Act in each of fiscal years 2022 through 2026 shall be 
transferred to the Office of Inspector General of the Environmental 
Protection Agency for oversight of funding provided to the 
Environmental Protection Agency in this title in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     Hazardous Substance Superfund

                     (including transfers of funds)

    For an additional amount for ``Hazardous Substance Superfund'', 
$3,500,000,000, to remain available until expended, consisting of such 
sums as are available in the Trust Fund on September 30, 2021, as 
authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $3,500,000,000 as a 
payment from general revenues to the Hazardous Substance Superfund for 
purposes as authorized by section 517(b) of SARA, for all costs 
associated with Superfund: Remedial activities:  Provided, That in 
providing technical and project implementation assistance for amounts 
made available under this heading in this Act, the Administrator shall 
consider the unique needs of Tribal communities with contaminated sites 
where the potentially responsible parties cannot pay or cannot be 
identified, but shall not alter the process for prioritizing site 
cleanups:  Provided further, That amounts provided under this heading 
in this Act shall be in addition to amounts otherwise available for 
such purposes:  Provided further, That amounts provided under this 
heading in this Act shall not be subject to cost share requirements 
under section 104(c)(3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C. 
9604(c)(3)):  Provided further, That the Administrator of the 
Environmental Protection Agency shall annually report to Congress on 
the status of funded projects:  Provided further, That one-half of one 
percent of the amounts made available under this heading in this Act in 
each of fiscal years 2022 through 2026 shall be transferred to the 
Office of Inspector General of the Environmental Protection Agency for 
oversight of funding provided to the Environmental Protection Agency in 
this title in this Act:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                   State and Tribal Assistance Grants

                     (including transfers of funds)

    For an additional amount for ``State and Tribal Assistance 
Grants'', $55,426,000,000, to remain available until expended:  
Provided, That amounts made available under this heading in this Act 
shall be allocated as follows:
        (1) $11,713,000,000 for capitalization grants for the Clean 
    Water State Revolving Funds under title VI of the Federal Water 
    Pollution Control Act:  Provided, That $1,902,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2022, $2,202,000,000, to remain available until expended, shall be 
    made available for fiscal year 2023, $2,403,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2024, $2,603,000,000, to remain available until expended, shall be 
    made available for fiscal year 2025, and $2,603,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2026:  Provided further, That for the funds provided under this 
    paragraph in this Act in fiscal year 2022 and fiscal year 2023, the 
    State shall deposit in the State loan fund from State moneys an 
    amount equal to at least 10 percent of the total amount of the 
    grant to be made to the State, notwithstanding sections 602(b)(2), 
    602(b)(3) or 202 of the Federal Water Pollution Control Act:  
    Provided further, That for the funds made available under this 
    paragraph in this Act, forty-nine percent of the funds made 
    available to each State for Clean Water State Revolving Fund 
    capitalization grants shall be used by the State to provide subsidy 
    to eligible recipients in the form of assistance agreements with 
    100 percent forgiveness of principal or grants (or any combination 
    of these), notwithstanding section 603(i)(3)(B) of the Federal 
    Water Pollution Control Act (33 U.S.C. 1383):  Provided further, 
    That up to three percent of the amounts made available under this 
    paragraph in this Act in fiscal year 2022 and up to two percent in 
    each of fiscal years 2023 through 2026 shall be for salaries, 
    expenses, and administration:  Provided further, That not less than 
    80 percent of the amounts the Administrator uses in each fiscal 
    year for salaries, expenses, and administration from amounts made 
    available under this paragraph in this Act for such purposes shall 
    be used for purposes other than hiring full-time employees:  
    Provided further, That 0.35 percent of the amounts made available 
    under this paragraph in this Act in each of fiscal years 2022 
    through 2026 shall be transferred to the Office of Inspector 
    General of the Environmental Protection Agency for oversight of 
    funding provided to the Environmental Protection Agency in this 
    title in this Act;
        (2) $11,713,000,000 for capitalization grants for the Drinking 
    Water State Revolving Funds under section 1452 of the Safe Drinking 
    Water Act:  Provided, That $1,902,000,000, to remain available 
    until expended, shall be made available for fiscal year 2022, 
    $2,202,000,000, to remain available until expended, shall be made 
    available for fiscal year 2023, $2,403,000,000, to remain available 
    until expended, shall be made available for fiscal year 2024, 
    $2,603,000,000, to remain available until expended, shall be made 
    available for fiscal year 2025, and $2,603,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2026:  Provided further, That for the funds provided under this 
    paragraph in this Act in fiscal year 2022 and fiscal year 2023, the 
    State shall deposit in the State loan fund from State moneys an 
    amount equal to at least 10 percent of the total amount of the 
    grant to be made to the State, notwithstanding section 1452(e) of 
    the Safe Drinking Water Act:  Provided further, That for the funds 
    made available under this paragraph in this Act, forty-nine percent 
    of the funds made available to each State for Drinking Water State 
    Revolving Fund capitalization grants shall be used by the State to 
    provide subsidy to eligible recipients in the form of assistance 
    agreements with 100 percent forgiveness of principal or grants (or 
    any combination of these), notwithstanding section 1452(d)(2) of 
    the Safe Drinking Water Act (42 U.S.C. 300j-12):  Provided further, 
    That up to three percent of the amounts made available under this 
    paragraph in this Act in fiscal year 2022 and up to two percent in 
    each of fiscal years 2023 through 2026 shall be for salaries, 
    expenses, and administration:  Provided further, That not less than 
    80 percent of the amounts the Administrator uses in each fiscal 
    year for salaries, expenses, and administration from amounts made 
    available under this paragraph in this Act for such purposes shall 
    be used for purposes other than hiring full-time employees:  
    Provided further, That 0.35 percent of the amounts made available 
    under this paragraph in this Act in each of fiscal years 2022 
    through 2026 shall be transferred to the Office of Inspector 
    General of the Environmental Protection Agency for oversight of 
    funding provided to the Environmental Protection Agency in this 
    title in this Act;
        (3) $15,000,000,000 for capitalization grants for the Drinking 
    Water State Revolving Funds under section 1452 of the Safe Drinking 
    Water Act:  Provided, That $3,000,000,000, to remain available 
    until expended, shall be made available for fiscal year 2022, 
    $3,000,000,000, to remain available until expended, shall be made 
    available for fiscal year 2023, $3,000,000,000, to remain available 
    until expended, shall be made available for fiscal year 2024, 
    $3,000,000,000, to remain available until expended, shall be made 
    available for fiscal year 2025, and $3,000,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2026:  Provided further, That the funds provided under this 
    paragraph in this Act shall be for lead service line replacement 
    projects and associated activities directly connected to the 
    identification, planning, design, and replacement of lead service 
    lines:  Provided further, That for the funds made available under 
    this paragraph in this Act, forty-nine percent of the funds made 
    available to each State for Drinking Water State Revolving Fund 
    capitalization grants shall be used by the State to provide subsidy 
    to eligible recipients in the form of assistance agreements with 
    100 percent forgiveness of principal or grants (or any combination 
    of these), notwithstanding section 1452(d)(2) of the Safe Drinking 
    Water Act (42 U.S.C. 300j-12):  Provided further, That the funds 
    provided under this paragraph in this Act shall not be subject to 
    the matching or cost share requirements of section 1452(e) of the 
    Safe Drinking Water Act:  Provided further, That up to three 
    percent of the amounts made available under this paragraph in this 
    Act in fiscal year 2022 and up to two percent in each of fiscal 
    years 2023 through 2026 shall be for salaries, expenses, and 
    administration:  Provided further, That one-half of one percent of 
    the amounts made available under this paragraph in this Act in each 
    of fiscal years 2022 through 2026 shall be transferred to the 
    Office of Inspector General of the Environmental Protection Agency 
    for oversight of funding provided to the Environmental Protection 
    Agency in this title in this Act;
        (4) $1,000,000,000 for capitalization grants for the Clean 
    Water State Revolving Funds under title VI of the Federal Water 
    Pollution Control Act:  Provided, That $100,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2022, $225,000,000, to remain available until expended, shall be 
    made available for fiscal year 2023, $225,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2024, $225,000,000, to remain available until expended, shall be 
    made available for fiscal year 2025, and $225,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2026:  Provided further, That funds provided under this paragraph 
    in this Act shall be for eligible uses under section 603(c) of the 
    Federal Water Pollution Control Act that address emerging 
    contaminants:  Provided further, That funds provided under this 
    paragraph in this Act shall not be subject to the matching or cost 
    share requirements of sections 602(b)(2), 602(b)(3), or 202 of the 
    Federal Water Pollution Control Act:  Provided further, That funds 
    provided under this paragraph in this Act deposited into the state 
    revolving fund shall be provided to eligible recipients as 
    assistance agreements with 100 percent principal forgiveness or as 
    grants (or a combination of these):  Provided further, That up to 
    three percent of the amounts made available under this paragraph in 
    this Act in fiscal year 2022 and up to two percent in each of 
    fiscal years 2023 through 2026 shall be for salaries, expenses, and 
    administration:  Provided further, That one-half of one percent of 
    the amounts made available under this paragraph in this Act in each 
    of fiscal years 2022 through 2026 shall be transferred to the 
    Office of Inspector General of the Environmental Protection Agency 
    for oversight of funding provided to the Environmental Protection 
    Agency in this title in this Act;
        (5) $4,000,000,000 for capitalization grants for the Drinking 
    Water State Revolving Funds under section 1452 of the Safe Drinking 
    Water Act:  Provided, That $800,000,000, to remain available until 
    expended, shall be made available for fiscal year 2022, 
    $800,000,000, to remain available until expended, shall be made 
    available for fiscal year 2023, $800,000,000, to remain available 
    until expended, shall be made available for fiscal year 2024, 
    $800,000,000, to remain available until expended, shall be made 
    available for fiscal year 2025, and $800,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2026:  Provided further, That funds provided under this paragraph 
    in this Act shall be to address emerging contaminants in drinking 
    water with a focus on perfluoroalkyl and polyfluoroalkyl substances 
    through capitalization grants under section 1452(t) of the Safe 
    Drinking Water Act for the purposes described in section 
    1452(a)(2)(G) of such Act:  Provided further, That funds provided 
    under this paragraph in this Act deposited into the State revolving 
    fund shall be provided to eligible recipients as loans with 100 
    percent principal forgiveness or as grants (or a combination of 
    these):  Provided further, That funds provided under this paragraph 
    in this Act shall not be subject to the matching or cost share 
    requirements of section 1452(e) of the Safe Drinking Water Act:  
    Provided further, That up to three percent of the amounts made 
    available under this paragraph in this Act in fiscal year 2022 and 
    up to two percent in each of fiscal years 2023 through 2026 shall 
    be for salaries, expenses, and administration:  Provided further, 
    That one-half of one percent of the amounts made available under 
    this paragraph in this Act in each of fiscal years 2022 through 
    2026 shall be transferred to the Office of Inspector General of the 
    Environmental Protection Agency for oversight of funding provided 
    to the Environmental Protection Agency in this title in this Act;
        (6) $5,000,000,000 for grants for addressing emerging 
    contaminants under subsections (a) through (j) of section 1459A of 
    the Safe Drinking Water Act (42 U.S.C. 300j-19a):  Provided, That 
    $1,000,000,000, to remain available until expended, shall be made 
    available for fiscal year 2022, $1,000,000,000, to remain available 
    until expended, shall be made available for fiscal year 2023, 
    $1,000,000,000, to remain available until expended, shall be made 
    available for fiscal year 2024, $1,000,000,000, to remain available 
    until expended, shall be made available for fiscal year 2025, and 
    $1,000,000,000, to remain available until expended, shall be made 
    available for fiscal year 2026:  Provided further, That funds 
    provided to States under this paragraph may be used for projects 
    that address emerging contaminants supporting a community described 
    in section 1459A, subsection (c)(2), of the Safe Drinking Water 
    Act, notwithstanding the definition of underserved communities in 
    section 1459A, subsection (a)(2), of the Safe Drinking Water Act:  
    Provided further, That funds provided under this paragraph in this 
    Act shall not be subject to the matching or cost share requirements 
    of section 1459A of the Safe Drinking Water Act:  Provided further, 
    That up to three percent of the amounts made available under this 
    paragraph in this Act in each of fiscal years 2022 through 2026 
    shall be for salaries, expenses, and administration:  Provided 
    further, That one-half of one percent of the amounts made available 
    under this paragraph in this Act in each of fiscal years 2022 
    through 2026 shall be transferred to the Office of Inspector 
    General of the Environmental Protection Agency for oversight of 
    funding provided to the Environmental Protection Agency in this 
    title in this Act;
        (7) $50,000,000, to remain available until expended, to award 
    Underground Injection Control grants, as authorized under section 
    40306 of division D of this Act, and for activities to support 
    states' efforts to develop programs leading to primacy:  Provided, 
    That up to three percent of the amounts made available under this 
    paragraph in this Act shall be for salaries, expenses, and 
    administration:  Provided further, That one-half of one percent of 
    the amounts made available under this paragraph in this Act shall 
    be transferred to the Office of Inspector General of the 
    Environmental Protection Agency for oversight of funding provided 
    to the Environmental Protection Agency in this title in this Act;
        (8) $1,500,000,000 for brownfields activities:  Provided, That 
    $300,000,000, to remain available until expended, shall be made 
    available for fiscal year 2022, $300,000,000, to remain available 
    until expended, shall be made available for fiscal year 2023, 
    $300,000,000, to remain available until expended, shall be made 
    available for fiscal year 2024, $300,000,000, to remain available 
    until expended, shall be made available for fiscal year 2025, and 
    $300,000,000, to remain available until expended, shall be made 
    available for fiscal year 2026:  Provided further, That of the 
    amounts made available in this paragraph in this Act, the following 
    amounts shall be for the following purposes, in equal amounts for 
    each of fiscal years 2022 through 2026--
            (A) $1,200,000,000 shall be to carry out Brownfields 
        projects authorized by section 104(k) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (CERCLA), including grants, interagency agreements and 
        associated program support costs, of which up to $600,000,000, 
        notwithstanding funding limitations in such sections of such 
        Act, may be for--
                (i) grants under section 104(k)(3)(A)(ii) of CERCLA to 
            remediate brownfields sites in amounts not to exceed 
            $5,000,000 per grant;
                (ii) multipurpose grants under section 104(k)(4)(B)(i) 
            of CERCLA in amounts not to exceed $10,000,000 per grant;
                (iii) grants under sections 104(k)(2)(B) and 
            104(k)(5)(A)(i) of CERCLA for site characterization and 
            assessment activities on a community-wide or site-by-site 
            basis in amounts not to exceed $10,000,000 per grant and 
            without further limitation on the amount that may be 
            expended for any individual brownfield site;
                (iv) grants under sections 104(k)(3)(A)(i) and 
            104(k)(5)(A)(ii) of CERCLA for capitalization of revolving 
            loan funds in amounts not to exceed $10,000,000 per grant; 
            and
                (v) grants under section 104(k)(7) of CERCLA for job 
            training in amounts not to exceed $1,000,000 per grant; and
            (B) $300,000,000 shall be to carry out section 128 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980:
      Provided further, That funds provided under this paragraph in 
    this Act shall not be subject to cost share requirements under 
    section 104(k)(10)(B)(iii) of the Comprehensive Environmental 
    Response, Compensation, and Liability Act of 1980:  Provided 
    further, That the Administrator of the Environmental Protection 
    Agency shall annually report to Congress on the status of funded 
    projects:  Provided further, That up to three percent of the 
    amounts made available under this paragraph in this Act in each of 
    fiscal years 2022 through 2026 shall be for salaries, expenses, and 
    administration:  Provided further, That one-half of one percent of 
    the amounts made available under this paragraph in this Act in each 
    of fiscal years 2022 through 2026 shall be transferred to the 
    Office of Inspector General of the Environmental Protection Agency 
    for oversight of funding provided to the Environmental Protection 
    Agency in this title in this Act;
        (9) $100,000,000 for all costs for carrying out section 6605 of 
    the Pollution Prevention Act:  Provided, That $20,000,000, to 
    remain available until expended, shall be made available for fiscal 
    year 2022, $20,000,000, to remain available until expended, shall 
    be made available for fiscal year 2023, $20,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2024, $20,000,000, to remain available until expended, shall be 
    made available for fiscal year 2025, and $20,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2026:  Provided further, That funds provided under this paragraph 
    in this Act shall not be subject to cost share requirements under 
    section 6605(c) of the Pollution Prevention Act:  Provided further, 
    That one-half of one percent of the amounts made available under 
    this paragraph in this Act in each of fiscal years 2022 through 
    2026 shall be transferred to the Office of Inspector General of the 
    Environmental Protection Agency for oversight of funding provided 
    to the Environmental Protection Agency in this title in this Act;
        (10) $275,000,000 for grants under section 302(a) of the Save 
    Our Seas 2.0 Act (Public Law 116-224):  Provided, That $55,000,000, 
    to remain available until expended, shall be made available for 
    fiscal year 2022, $55,000,000, to remain available until expended, 
    shall be made available for fiscal year 2023, $55,000,000, to 
    remain available until expended, shall be made available for fiscal 
    year 2024, $55,000,000, to remain available until expended, shall 
    be made available for fiscal year 2025, and $55,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2026:  Provided further, That notwithstanding section 302(a) of 
    such Act, the Administrator may also provide grants pursuant to 
    such authority to tribes, intertribal consortia consistent with the 
    requirements in 40 CFR 35.504(a), former Indian reservations in 
    Oklahoma (as determined by the Secretary of the Interior), and 
    Alaskan Native Villages as defined in Public Law 92-203:  Provided 
    further, That up to three percent of the amounts made available 
    under this paragraph in this Act in each of fiscal years 2022 
    through 2026 shall be for salaries, expenses, and administration:  
    Provided further, That one-half of one percent of the amounts made 
    available under this paragraph in this Act in each of fiscal years 
    2022 through 2026 shall be transferred to the Office of Inspector 
    General of the Environmental Protection Agency for oversight of 
    funding provided to the Environmental Protection Agency in this 
    title in this Act;
        (11) $75,000,000 to award grants focused on improving material 
    recycling, recovery, management, and reduction, as authorized under 
    section 70402 of division G of this Act:  Provided, That 
    $15,000,000, to remain available until expended, shall be made 
    available for fiscal year 2022, $15,000,000, to remain available 
    until expended, shall be made available for fiscal year 2023, 
    $15,000,000, to remain available until expended, shall be made 
    available for fiscal year 2024, $15,000,000, to remain available 
    until expended, shall be made available for fiscal year 2025, and 
    $15,000,000, to remain available until expended, shall be made 
    available for fiscal year 2026:  Provided further, That up to three 
    percent of the amounts made available under this paragraph in this 
    Act in each of fiscal years 2022 through 2026 shall be for 
    salaries, expenses, and administration:  Provided further, That 
    one-half of one percent of the amounts made available under this 
    paragraph in this Act in each of fiscal years 2022 through 2026 
    shall be transferred to the Office of Inspector General of the 
    Environmental Protection Agency for oversight of funding provided 
    to the Environmental Protection Agency in this title in this Act;
        (12) $5,000,000,000 for the Clean School Bus Program as 
    authorized under section 741 of the Energy Policy Act of 2005 (42 
    U.S.C. 16091), as amended by section 71101 of division G of this 
    Act:  Provided, That $1,000,000,000, to remain available until 
    expended, shall be made available for fiscal year 2022, 
    $1,000,000,000, to remain available until expended, shall be made 
    available for fiscal year 2023, $1,000,000,000, to remain available 
    until expended, shall be made available for fiscal year 2024, 
    $1,000,000,000, to remain available until expended, shall be made 
    available for fiscal year 2025, and $1,000,000,000, to remain 
    available until expended, shall be made available for fiscal year 
    2026:  Provided further, That of the funds provided, $500,000,000 
    shall be provided annually for zero-emission school buses, as 
    defined in section 741(a)(8) of the Energy Policy Act of 2005 (42 
    U.S.C. 16091(a)(8)), as amended by section 71101 of division G of 
    this Act, and $500,000,000 shall be provided annually for clean 
    school buses and zero-emission school buses, as defined in section 
    741(a)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(3)), 
    as amended by section 71101 of division G of this Act:  Provided 
    further, That up to three percent of the amounts made available 
    under this paragraph in this Act in each of fiscal years 2022 
    through 2026 shall be for salaries, expenses, and administration:  
    Provided further, That up to one-half of one percent of the of the 
    amounts made available under this heading in this Act in each of 
    fiscal years 2022 through 2026 shall be transferred to the Office 
    of Inspector General of the Environmental Protection Agency for 
    oversight of funding provided to the Environmental Protection 
    Agency in this title in this Act:  Provided further, That if there 
    are unobligated funds in any of fiscal years 2022 through 2026 
    after the Administrator of the Environmental Protection Agency 
    issues awards for that fiscal year, States may compete for those 
    funds, notwithstanding the 10 percent limitation under section 
    741(b)(7)(B) of the Energy Policy Act of 2005 (42 U.S.C. 
    16091(b)(7)(B)), as amended by section 71101 of division G of this 
    Act:
  Provided further, That amounts provided under this heading in this 
Act shall be in addition to amounts otherwise available for such 
purposes:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

          General Provisions--Environmental Protection Agency

                     (including transfers of funds)

    Sec. 611.  Funds made available to the Environmental Protection 
Agency by this Act for salaries, expenses, and administration purposes 
may be transferred to the ``Environmental Programs and Management'' 
account or the ``Science and Technology'' account as needed for such 
purposes.
    Sec. 612.  Not later than 90 days after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall submit to the House and Senate Committees on Appropriations a 
detailed spend plan for the funds provided to the Environmental 
Protection Agency in this title for fiscal year 2022, and for each 
fiscal year through 2026, as part of the annual budget submission of 
the President under section 1105(a) of title 31, United States Code, 
the Administrator of the Environmental Protection Agency shall submit a 
detailed spend plan for the funds provided to the Environmental 
Protection Agency in this title for that fiscal year.
    Sec. 613.  For this fiscal year and each fiscal year thereafter, 
such sums as are available in the Hazardous Substance Superfund 
established under section 9507 of the Internal Revenue Code of 1986 at 
the end of the preceding fiscal year from taxes received in the 
Treasury under subsection (b)(1) of such section shall be available, 
without further appropriation, to be used to carry out the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.).
    Sec. 614. (a) Drinking Water.--There is authorized to be 
appropriated to carry out the purposes of section 1452 of the Safe 
Drinking Water Act (42 U.S.C. 300j-12), in addition to amounts 
otherwise authorized to be appropriated for those purposes, an 
additional $1,126,000,000 for each of fiscal years 2022 through 2026.
    (b) Clean Water.--There is authorized to be appropriated to carry 
out the purposes of title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1381 et seq.), in addition to amounts otherwise authorized 
to be appropriated for those purposes, an additional $1,639,000,000 for 
each of fiscal years 2022 through 2026.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

    For an additional amount for ``Forest and Rangeland Research'', 
$10,000,000, to remain available until September 30, 2029, for the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, to carry out activities of the Joint Fire Science Program, as 
authorized in section 40803 of division D of this Act:  Provided, That 
$2,000,000, to remain available until September 30, 2025, shall be made 
available for fiscal year 2022, $2,000,000, to remain available until 
September 30, 2026, shall be made available for fiscal year 2023, 
$2,000,000, to remain available until September 30, 2027, shall be made 
available for fiscal year 2024, $2,000,000, to remain available until 
September 30, 2028, shall be made available for fiscal year 2025, and 
$2,000,000, to remain available until September 30, 2029, shall be made 
available for fiscal year 2026:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                       state and private forestry

                     (including transfers of funds)

    For an additional amount for ``State and Private Forestry'', 
$1,526,800,000, to remain available until September 30, 2029:  
Provided, That $305,360,000, to remain available until September 30, 
2025, shall be made available for fiscal year 2022, $305,360,000, to 
remain available until September 30, 2026, shall be made available for 
fiscal year 2023, $305,360,000, to remain available until September 30, 
2027, shall be made available for fiscal year 2024, $305,360,000, to 
remain available until September 30, 2028, shall be made available for 
fiscal year 2025, and $305,360,000, to remain available until September 
30, 2029, shall be made available for fiscal year 2026:  Provided 
further, That of the funds made available under this heading in this 
Act, the following amounts shall be for the following purposes in equal 
amounts for each of fiscal years 2022 through 2026--
        (1) $718,000,000 for the Secretary of Agriculture, acting 
    through the Chief of the Forest Service, to carry out activities 
    for the Department of Agriculture, as authorized in sections 40803 
    and 40804 of division D of this Act;
        (2) In addition to amounts made available in paragraph (1) for 
    grants to at-risk communities for wildfire mitigation activities, 
    not less than $500,000,000 for such purposes;
        (3) Not less than $88,000,000 for State Fire Assistance; and
        (4) Not less than $20,000,000 for Volunteer Fire Assistance:
  Provided further, That amounts made available under this heading in 
this Act for each of fiscal years 2022 through 2026 may be transferred 
between accounts affected by the Forest Service budget restructure 
outlined in section 435 of division D of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94) to carry out the 
activities in support of this heading:  Provided further, That up to 3 
percent of the amounts made available under this heading in this Act in 
each of fiscal years 2022 through 2026 shall be for salaries, expenses, 
and administration:  Provided further, That one-half of one percent of 
the amounts made available under this heading in this Act in each of 
fiscal years 2022 through 2026 shall be transferred to the Office of 
Inspector General of the Department of Agriculture for oversight of 
funding provided to the Forest Service in this title in this Act:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                         national forest system

                     (including transfers of funds)

    For an additional amount for ``National Forest System'', 
$2,854,000,000, to remain available until expended:  Provided, That 
$734,800,000, to remain available until expended, shall be made 
available for fiscal year 2022, $529,800,000, to remain available until 
expended, shall be made available for fiscal year 2023, $529,800,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $529,800,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $529,800,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the funds made available under this heading 
in this Act, the following amounts shall be for the following 
purposes--
        (1) $2,115,000,000 for the Secretary of Agriculture, acting 
    through the Chief of the Forest Service, to carry out activities 
    for the Department of Agriculture as authorized in sections 40803 
    and 40804 of division D of this Act, of which $587,000,000, to 
    remain available until expended, shall be made available for fiscal 
    year 2022 and $382,000,000, to remain available until expended, 
    shall be made available for each of fiscal years 2023 through 2026;
        (2) In addition to amounts made available in paragraph (1) for 
    hazardous fuels management activities, $102,800,000 for each of 
    fiscal years 2022 through 2026 for such purposes; and
        (3) In addition to amounts made available in paragraph (1) for 
    burned area recovery, $45,000,000 for each of fiscal years 2022 
    through 2026 for such purposes:
  Provided further, That up to $12,000,000 for each of fiscal years 
2022 through 2026 from funds made available in paragraph (2) of the 
preceding proviso may be used to make grants, using any authorities 
available for the Forest Service under the ``State and Private 
Forestry'' appropriation for the purposes of creating incentives for 
increased use of biomass from National Forest System lands, including 
the Community Wood Energy Program and the Wood Innovation Grants 
Program:  Provided further, That up to $8,000,000 for each of fiscal 
years 2022 through 2026 from funds made available in paragraph (2) of 
the preceding proviso shall be for implementation of the Tribal 
Forestry Protection Act, as amended (Public Law 108-278):  Provided 
further, That funds appropriated under this heading in this Act may be 
transferred to the United States Fish and Wildlife Service and the 
National Marine Fisheries Service for the costs of carrying out their 
responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) to consult and conference, as required by section 7 of 
such Act, in connection with wildland fire management activities:  
Provided further, That the Secretary of the Interior and the Secretary 
of Agriculture, acting through the Chief of the Forest Service, may 
authorize the transfer of funds provided under this heading in this Act 
between the Departments for the purpose of carrying out activities as 
authorized in section 40804(b)(1) of division D of this Act:  Provided 
further, That amounts made available under this heading in this Act for 
each of fiscal years 2022 through 2026 may be transferred between 
accounts affected by the Forest Service budget restructure outlined in 
section 435 of division D of the Further Consolidated Appropriations 
Act, 2020 (Public Law 116-94) to carry out the activities in support of 
this heading:  Provided further, That amounts made available under this 
heading in this Act in each of fiscal years 2022 through 2026 shall be 
available for salaries and expenses:  Provided further, That one-half 
of one percent of the amounts made available under this heading in this 
Act in each of fiscal years 2022 through 2026 shall be transferred to 
the Office of Inspector General of the Department of Agriculture for 
oversight of funding provided to the Forest Service in this title in 
this Act:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                  capital improvement and maintenance

                     (including transfers of funds)

    For an additional amount for ``Capital Improvement and 
Maintenance'', $360,000,000, to remain available until September 30, 
2029:  Provided, That $72,000,000, to remain available until September 
30, 2025, shall be made available for fiscal year 2022, $72,000,000, to 
remain available until September 30, 2026, shall be made available for 
fiscal year 2023, $72,000,000, to remain available until September 30, 
2027, shall be made available for fiscal year 2024, $72,000,000, to 
remain available until September 30, 2028, shall be made available for 
fiscal year 2025, and $72,000,000, to remain available until September 
30, 2029, shall be made available for fiscal year 2026:  Provided 
further, That of the funds made available under this heading in this 
Act, the following amounts shall be for the following purposes in equal 
amounts for each of fiscal years 2022 through 2026--
        (1) $250,000,000 to carry out activities of the Legacy Road and 
    Trail Remediation Program, as authorized in Public Law 88-657 (16 
    U.S.C. 532 et seq.) (commonly known as the ``Forest Roads and 
    Trails Act''), as amended by section 40801 of division D of this 
    Act;
        (2) $100,000,000 for construction of temporary roads or 
    reconstruction and maintenance of roads to facilitate forest 
    restoration and management projects that reduce wildfire risk; and
        (3) $10,000,000 for the removal of non-hydropower Federal dams 
    and for providing dam removal technical assistance:
  Provided further, That funds appropriated under this heading in this 
Act may be transferred to the United States Fish and Wildlife Service 
and the National Marine Fisheries Service for the costs of carrying out 
their responsibilities under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) to consult and conference, as required by section 
7 of such Act, in connection with wildland fire management activities:  
Provided further, That amounts made available under this heading in 
this Act for each of fiscal years 2022 through 2026 may be transferred 
between accounts affected by the Forest Service budget restructure 
outlined in section 435 of division D of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94) to carry out the 
activities in support of this heading:  Provided further, That one-half 
of one percent of the amounts made available under this heading in this 
Act in each of fiscal years 2022 through 2026 shall be transferred to 
the Office of Inspector General of the Department of Agriculture for 
oversight of funding provided to the Forest Service in this title in 
this Act:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                        wildland fire management

                     (including transfers of funds)

    For an additional amount for ``Wildland Fire Management'', 
$696,200,000 to remain available until expended, for the Secretary of 
Agriculture, acting through the Chief of the Forest Service, to carry 
out activities for the Department of Agriculture as authorized in 
section 40803 of division D of this Act:  Provided, That $552,200,000, 
to remain available until expended, shall be made available for fiscal 
year 2022, $36,000,000, to remain available until expended, shall be 
made available for fiscal year 2023, $36,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$36,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $36,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That funds appropriated under this heading in this Act may be 
transferred to the United States Fish and Wildlife Service and the 
National Marine Fisheries Service for the costs of carrying out their 
responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) to consult and conference, as required by section 7 of 
such Act, in connection with wildland fire management activities:  
Provided further, That amounts made available under this heading in 
this Act for each of fiscal years 2022 through 2026 may be transferred 
between accounts affected by the Forest Service budget restructure 
outlined in section 435 of division D of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116- 94) to carry out the 
activities in support of this heading:  Provided further, That amounts 
made available under this heading in this Act in each of fiscal years 
2022 through 2026, shall be available for salaries and expenses to 
carry out such purposes:  Provided further, That one-half of one 
percent of the amounts made available under this heading in this Act in 
each of fiscal years 2022 through 2026 shall be transferred to the 
Office of Inspector General of the Department of Agriculture for 
oversight of funding provided to the Forest Service in this title in 
this Act:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                administrative provision--forest service

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, shall submit to the House and Senate Committees on 
Appropriations a detailed spend plan for the funds provided to the 
Forest Service in this title in this Act for fiscal year 2022, and for 
each fiscal year through 2026, as part of the annual budget submission 
of the President under section 1105(a) of title 31, United States Code, 
the Secretary shall submit a detailed spend plan for the funds provided 
to the Forest Service in this title in this Act for that fiscal year.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                        indian health facilities

                     (including transfers of funds)

    For an additional amount for ``Indian Health Facilities'', 
$3,500,000,000, to remain available until expended, for the provision 
of domestic and community sanitation facilities for Indians, as 
authorized by section 7 of the Act of August 5, 1954 (68 Stat. 674):  
Provided, That $700,000,000, to remain available until expended, shall 
be made available for fiscal year 2022, $700,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$700,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $700,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$700,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That of the amounts 
made available under this heading, up to $2,200,000,000 shall be for 
projects that exceed the economical unit cost and shall be available 
until expended:  Provided further, That up to three percent of the 
amounts made available in each fiscal year shall be for salaries, 
expenses, and administration:  Provided further, That one-half of one 
percent of the amounts made available under this heading in this Act in 
each fiscal years 2022 through 2026 shall be transferred to the Office 
of Inspector General of the Department of Health and Human Services for 
oversight of funding provided to the Department of Health and Human 
Services in this title in this Act:  Provided further, That no funds 
available to the Indian Health Service for salaries, expenses, 
administration, and oversight shall be available for contracts, grants, 
compacts, or cooperative agreements under the provisions of the Indian 
Self-Determination and Education Assistance Act as amended:  Provided 
further, That funds under this heading made available to Tribes and 
Tribal organizations under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5301 et seq.) shall be available on a one-
time basis, are nonrecurring, and shall not be part of the amount 
required by section 106 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5325), and shall only be used for the 
purposes identified in this heading:  Provided further, That not later 
than 90 days after the date of enactment of this Act, the Secretary of 
Health and Human Services shall submit to the House and Senate 
Committees on Appropriations a detailed spend plan for fiscal year 
2022:  Provided further, That for each fiscal year through 2026, as 
part of the annual budget submission of the President under section 
1105(a) of title 31, United States Code, the Secretary of Health and 
Human Services shall submit a detailed spend plan for that fiscal year: 
 Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                   low income home energy assistance

    For an additional amount for ``Low Income Home Energy Assistance'', 
$500,000,000, to remain available through September 30, 2026, for 
making payments under subsection (b) of section 2602 of the Low-Income 
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.):  Provided, 
That $100,000,000, to remain available until September 30, 2026, shall 
be made available in fiscal year 2022, $100,000,000, to remain 
available until September 30, 2026, shall be made available in fiscal 
year 2023, $100,000,000, to remain available until September 30, 2026, 
shall be made available in fiscal year 2024, $100,000,000, to remain 
available until September 30, 2026, shall be made available in fiscal 
year 2025, and $100,000,000, to remain available until September 30, 
2026, shall be made available in fiscal year 2026:  Provided further, 
That, of the amount available for obligation in a fiscal year under 
this heading in this Act, $50,000,000 shall be allocated as though the 
total appropriation for such payments for such fiscal year was less 
than $1,975,000,000:  Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
resolution on the budget for fiscal year 2018, and to section 251(b) of 
the Balanced Budget and Emergency Deficit Control Act of 1985.

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

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                  national infrastructure investments

    For an additional amount for ``National Infrastructure 
Investments'', $12,500,000,000, to remain available until expended, for 
necessary expenses to carry out chapter 67 of title 49, United States 
Code, of which $5,000,000,000 shall be to carry out section 6701 of 
such title and $7,500,000,000 shall be to carry out section 6702 of 
such title:  Provided, That, of the amount made available under this 
heading in this Act to carry out section 6701 of title 49, United 
States Code, $1,000,000,000, to remain available until expended, shall 
be made available for fiscal year 2022, $1,000,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That, of the amount 
made available under this heading in this Act to carry out section 6702 
of title 49, United States Code, $1,500,000,000, to remain available 
until September 30, 2026, shall be made available for fiscal year 2022, 
$1,500,000,000, to remain until September 30, 2027, shall be made 
available for fiscal year 2023, $1,500,000,000, to remain available 
until September 30, 2028, shall be made available for fiscal year 2024, 
$1,500,000,000, to remain available until September 30, 2029, shall be 
made available for fiscal year 2025, and $1,500,000,000, to remain 
available September 30, 2030, shall be made available for fiscal year 
2026:  Provided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and pursuant to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                 safe streets and roads for all grants

    For an additional amount for ``Safe Streets and Roads for All 
Grants'', $5,000,000,000, to remain available until expended, for 
competitive grants, as authorized under section 24112 of division B of 
this Act:  Provided, That $1,000,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $1,000,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2023, $1,000,000,000, to remain available until expended, shall be 
made available for fiscal year 2024, $1,000,000,000, to remain 
available until expended, shall be made available for fiscal year 2025, 
and $1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That the Secretary 
shall issue a notice of funding opportunity not later than 180 days 
after each date upon which funds are made available under the preceding 
proviso:  Provided further, That the Secretary shall make awards not 
later than 270 days after issuing the notices of funding opportunity 
required under the preceding proviso:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

     national culvert removal, replacement, and restoration grants

    For an additional amount for ``National Culvert Removal, 
Replacement, and Restoration Grants'', $1,000,000,000, to remain 
available until expended, as authorized by section 6203 of title 49, 
United States Code:  Provided, That $200,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $200,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2025, and $200,000,000, to remain available until expended, shall 
be made available for fiscal year 2026:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

strengthening mobility and revolutionizing transportation grant program

    For an additional amount for ``Strengthening Mobility and 
Revolutionizing Transportation Grant Program'', $500,000,000, to remain 
available until expended, as authorized by section 25005 of division B 
of this Act:  Provided, That $100,000,000, to remain available until 
expended, shall be made available for fiscal year 2022, $100,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2023, $100,000,000, to remain available until expended, shall be 
made available for fiscal year 2024, $100,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$100,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

  administrative provisions--office of the secretary of transportation

                     (including transfer of funds)

    Sec. 801. (a) Amounts made available to the Secretary of 
Transportation or the Department of Transportation's Operating 
Administrations in this title in this Act and in section 117 of title 
23, United States Code, for fiscal years 2022 through 2026 for the 
costs of award, administration, or oversight of financial assistance 
under the programs administered by the Office of Multimodal 
Infrastructure and Freight may be transferred to an ``Office of 
Multimodal Infrastructure and Freight'' account, to remain available 
until expended, for the necessary expenses of award, administration, or 
oversight of any discretionary financial assistance programs funded 
under this title in this Act or division A of this Act:  Provided, That 
one-half of one percent of the amounts transferred pursuant to the 
authority in this section in each of fiscal years 2022 through 2026 
shall be transferred to the Office of Inspector General of the 
Department of Transportation for oversight of funding provided to the 
Department of Transportation in this title in this Act:  Provided 
further, That the amount provided by this section is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    (b) In addition to programs identified in section 118(d) of title 
49, United States Code, the Office of Multimodal Infrastructure and 
Freight shall administer, with support from the Department's Operating 
Administrations, the following financial assistance programs--
        (1) the national infrastructure projects program under section 
    6701 of title 49, United States Code;
        (2) the local and regional projects program under section 6702 
    of title 49, United States Code;
        (3) the strengthening mobility and revolutionizing 
    transportation grant program under section 25005 of division B of 
    this Act;
        (4) the nationally significant freight and highways projects 
    under section 117 of title 23, United States Code;
        (5) the national culvert removal, replacement, and restoration 
    grant program under section 6203 of title 49, United States Code; 
    and
        (6) other discretionary financial assistance programs that the 
    Secretary determines should be administered by the Office of 
    Multimodal Infrastructure and Freight, subject to the approval of 
    the House and Senate Committees on Appropriations as required under 
    section 405 of Division L of the Consolidated Appropriations Act, 
    2021.

                    Federal Aviation Administration

                        facilities and equipment

    For an additional amount for ``Facilities and Equipment'', 
$5,000,000,000, to remain available until expended:  Provided, That 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That amounts made 
available under this heading in this Act shall be derived from the 
general fund of the Treasury:  Provided further, That funds provided 
under this heading in this Act shall be for: (1) replacing terminal and 
en route air traffic control facilities; (2) improving air route 
traffic control center and combined control facility buildings; (3) 
improving air traffic control en route radar facilities; (4) improving 
air traffic control tower and terminal radar approach control 
facilities; (5) national airspace system facilities OSHA and 
environmental standards compliance; (6) landing and navigational aids; 
(7) fuel storage tank replacement and management; (8) unstaffed 
infrastructure sustainment; (9) real property disposition; (10) 
electrical power system sustain and support; (11) energy maintenance 
and compliance; (12) hazardous materials management and environmental 
cleanup; (13) facility security risk management; (14) mobile asset 
management program; and (15) administrative expenses, including 
salaries and expenses, administration, and oversight:  Provided 
further, That not less than $200,000,000 of the funds made available 
under this heading in this Act shall be for air traffic control towers 
that are owned by the Federal Aviation Administration and staffed 
through the contract tower program:  Provided further, That not later 
than 90 days after the date of enactment of this Act, the Secretary of 
Transportation shall submit to the House and Senate Committees on 
Appropriations a detailed spend plan, including a list of project 
locations of air traffic control towers and contract towers, to be 
funded for fiscal year 2022:  Provided further, That for each fiscal 
year through 2026, as part of the annual budget submission of the 
President under section 1105(a) of title 31, United States Code, the 
Secretary of Transportation shall submit a detailed spend plan for 
funding that will be made available under this heading in the upcoming 
fiscal year, including a list of projects for replacing facilities that 
are owned by the Federal Aviation Administration, including air traffic 
control towers that are staffed through the contract tower program:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     airport infrastructure grants

                     (including transfer of funds)

    For an additional amount for ``Airport Infrastructure Grants'', 
$15,000,000,000, to remain available until September 30, 2030:  
Provided, That $3,000,000,000, to remain available until September 30, 
2026, shall be made available for fiscal year 2022, $3,000,000,000, to 
remain available until September 30, 2027, shall be made available for 
fiscal year 2023, $3,000,000,000, to remain available until September 
30, 2028, shall be made available for fiscal year 2024, $3,000,000,000, 
to remain available until September 30, 2029, shall be made available 
for fiscal year 2025, and $3,000,000,000, to remain available until 
September 30, 2030, shall be made available for fiscal year 2026:  
Provided further, That amounts made available under this heading in 
this Act shall be derived from the general fund of the Treasury:  
Provided further, That amounts made available under this heading in 
this Act shall be made available to sponsors of any airport eligible to 
receive grants under section 47115 of title 49, United States Code, for 
airport-related projects defined under section 40117(a)(3) of title 49, 
United States Code:  Provided further, That of the funds made available 
under this heading in this Act, in each of fiscal years 2022 through 
2026--
        (1) Not more than $2,480,000,000 shall be available for primary 
    airports as defined in section 47102(16) of title 49, United States 
    Code, and certain cargo airports:  Provided, That such funds shall 
    not be subject to the reduced apportionments of section 47114(f) of 
    title 49, United States Code:  Provided further, That such funds 
    shall first be apportioned as set forth in sections 47114(c)(1)(A), 
    47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A), 
    47114(c)(2)(B), and 47114(c)(2)(E), 47114(c)(1)(J) of title 49, 
    United States Code:  Provided further, That there shall be no 
    maximum apportionment limit:  Provided further, That any remaining 
    funds after such apportionment shall be distributed to all sponsors 
    of primary airports (as defined in section 47102(16) of title 49, 
    United States Code) based on each such airport's passenger 
    enplanements compared to total passenger enplanements of all 
    airports defined in section 47102(16) of title 49, United States 
    Code, for calendar year 2019 in fiscal years 2022 and 2023 and 
    thereafter for the most recent calendar year enplanements upon 
    which the Secretary has apportioned funds pursuant to section 
    47114(c) of title 49, United States Code;
        (2) Not more than $500,000,000 shall be for general aviation 
    and commercial service airports that are not primary airports as 
    defined in paragraphs (7), (8), and (16) of section 47102 of title 
    49, United States Code:  Provided, That the Secretary of 
    Transportation shall apportion the remaining funds to each non-
    primary airport based on the categories published in the most 
    current National Plan of Integrated Airport Systems, reflecting the 
    percentage of the aggregate published eligible development costs 
    for each such category, and then dividing the allocated funds 
    evenly among the eligible airports in each category, rounding up to 
    the nearest thousand dollars:  Provided further, That any remaining 
    funds under this paragraph in this Act shall be distributed as 
    described in paragraph (3) in this proviso under this heading in 
    this Act; and
        (3) $20,000,000 for the Secretary of Transportation to make 
    competitive grants to sponsors of airports participating in the 
    contract tower program and the contract tower cost share program 
    under section 47124 of title 49, United States Code to: (1) 
    sustain, construct, repair, improve, rehabilitate, modernize, 
    replace or relocate nonapproach control towers; (2) acquire and 
    install air traffic control, communications, and related equipment 
    to be used in those towers; and (3) construct a remote tower 
    certified by the Federal Aviation Administration, including 
    acquisition and installation of air traffic control, 
    communications, or related equipment:  Provided, That the Federal 
    Aviation Administration shall give priority consideration to 
    projects that enhance aviation safety and improve air traffic 
    efficiency:  Provided further, That the Federal share of the costs 
    for which a grant is made under this paragraph shall be 100 
    percent:
  Provided further, That any funds made available in a given fiscal 
year that remain unobligated at the end of the fourth fiscal year after 
which they were first made available for obligation shall be made 
available in the fifth fiscal year after which they were first made 
available for obligation to the Secretary for competitive grants:  
Provided further, That of the amounts made available to the Secretary 
for competitive grants under the preceding proviso, the Secretary shall 
first provide up to $100,000,000, as described in paragraph (3) of the 
fourth proviso, and any remaining unobligated balances in excess of 
that amount shall be available to the Secretary for competitive grants 
otherwise eligible under the third proviso that reduce airport 
emissions, reduce noise impact to the surrounding community, reduce 
dependence on the electrical grid, or provide general benefits to the 
surrounding community:  Provided further, That none of the amounts made 
available under this heading in this Act may be used to pay for airport 
debt service:  Provided further, That a grant made from funds made 
available under this heading in this Act shall be treated as having 
been made pursuant to the Secretary's authority under section 47104(a) 
of title 49, United States Code:  Provided further, That up to 3 
percent of the amounts made available under this heading in this Act in 
each of fiscal years 2022 through 2026 shall be for personnel, 
contracting, and other costs to administer and oversee grants, of which 
$1,000,000 in each fiscal year shall be transferred to the Office of 
Inspector General of the Department of Transportation for oversight of 
funding provided to the Department of Transportation in this title in 
this Act:  Provided further, That the Federal share of the costs of a 
project under paragraphs (1) and (2) of the fourth proviso under this 
heading shall be the percent for which a project for airport 
development would be eligible under section 47109 of title 49, United 
States Code:  Provided further, That obligations of funds under this 
heading in this Act shall not be subject to any limitations on 
obligations provided in any Act making annual appropriations:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                        airport terminal program

                     (including transfer of funds)

    For an additional amount for ``Airport Terminal Program'', 
$5,000,000,000, to remain available until September 30, 2030, for the 
Secretary of Transportation to provide competitive grants for airport 
terminal development projects that address the aging infrastructure of 
the nation's airports:  Provided, That $1,000,000,000, to remain 
available until September 30, 2026, shall be made available for fiscal 
year 2022, $1,000,000,000, to remain available until September 30, 
2027, shall be made available for fiscal year 2023, $1,000,000,000, to 
remain available until September 30, 2028, shall be made available for 
fiscal year 2024, $1,000,000,000, to remain available until September 
30, 2029, shall be made available for fiscal year 2025, and 
$1,000,000,000, to remain available until September 30, 2030, shall be 
made available for fiscal year 2026:  Provided further, That amounts 
made available under this heading in this Act shall be derived from the 
general fund of the Treasury:  Provided further, That the Secretary 
shall issue a notice of funding opportunity not later than 60 days 
after the date of enactment of this Act:  Provided further, That of the 
funds made available under this heading in this Act, not more than 55 
percent shall be for large hub airports, not more than 15 percent shall 
be for medium hub airports, not more than 20 percent shall be for small 
hub airports, and not less than 10 percent shall be for nonhub and 
nonprimary airports:  Provided further, That in awarding grants for 
terminal development projects from funds made available under this 
heading in this Act, the Secretary may consider projects that qualify 
as ``terminal development'' (including multimodal terminal 
development), as that term is defined in 49 U.S.C. Sec. 47102(28), 
projects for on-airport rail access projects as set forth in Passenger 
Facility Charge (PFC) Update 75-21, and projects for relocating, 
reconstructing, repairing, or improving an airport-owned air traffic 
control tower:  Provided further, That in awarding grants for terminal 
development projects from funds made available under this heading in 
this Act, the Secretary shall give consideration to projects that 
increase capacity and passenger access; projects that replace aging 
infrastructure; projects that achieve compliance with the Americans 
with Disabilities Act and expand accessibility for persons with 
disabilities; projects that improve airport access for historically 
disadvantaged populations; projects that improve energy efficiency, 
including upgrading environmental systems, upgrading plant facilities, 
and achieving Leadership in Energy and Environmental Design (LEED) 
accreditation standards; projects that improve airfield safety through 
terminal relocation; and projects that encourage actual and potential 
competition:  Provided further, That the Federal share of the cost of a 
project carried out from funds made available under this heading in 
this Act shall be 80 percent for large and medium hub airports and 95 
percent for small hub, nonhub, and nonprimary airports:  Provided 
further, That a grant made from funds made available under this heading 
in this Act shall be treated as having been made pursuant to the 
Secretary's authority under section 47104(a) of title 49, United States 
Code:  Provided further, That the Secretary may provide grants from 
funds made available under this heading in this Act for a project at 
any airport that is eligible to receive a grant from the discretionary 
fund under section 47115(a) of title 49, United States Code:  Provided 
further, That in making awards from funds made available under this 
heading in this Act, the Secretary shall provide a preference to 
projects that achieve a complete development objective, even if awards 
for the project must be phased, and the Secretary shall prioritize 
projects that have received partial awards:  Provided further, That up 
to 3 percent of the amounts made available under this heading in this 
Act in each fiscal year shall be for personnel, contracting and other 
costs to administer and oversee grants, of which $1,000,000 in each 
fiscal year shall be transferred to the Office of Inspector General of 
the Department of Transportation for oversight of funding provided to 
the Department of Transportation in this title in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     Federal Highway Administration

                     highway infrastructure program

                     (including transfer of funds)

    For an additional amount for ``Highway Infrastructure Programs'', 
$47,272,000,000, to remain available until expended except as otherwise 
provided under this heading:  Provided, That of the amount provided 
under this heading in this Act, $9,454,400,000, to remain available 
until September 30, 2025, shall be made available for fiscal year 2022, 
$9,454,400,000, to remain available until September 30, 2026, shall be 
made available for fiscal year 2023, $9,454,400,000, to remain 
available until September 30, 2027, shall be made available for fiscal 
year 2024, $9,454,400,000, to remain available until September 30, 
2028, shall be made available for fiscal year 2025, and $9,454,400,000, 
to remain available until September 30, 2029, shall be made available 
for fiscal year 2026:  Provided further, That the funds made available 
under this heading in this Act shall be derived from the general fund 
of the Treasury, shall be in addition to any other amounts made 
available for such purpose, and shall not affect the distribution or 
amount of funds provided in any Act making annual appropriations:  
Provided further, That, except for funds provided in paragraph (1) 
under this heading in this Act, up to 1.5 percent of the amounts made 
available under this heading in this Act in each of fiscal years 2022 
through 2026 shall be for operations and administrations of the Federal 
Highway Administration, of which $1,000,000 in each fiscal year shall 
be transferred to the Office of the Inspector General of the Department 
of Transportation for oversight of funding provided to the Department 
of Transportation in this title in this Act:  Provided further, That 
the amounts made available in the preceding proviso may be combined 
with the funds made available in paragraph (1) under this heading in 
this Act for the same purposes in the same account:  Provided further, 
That the funds made available under this heading in this Act shall not 
be subject to any limitation on obligations for Federal-aid highways or 
highway safety construction programs set forth in any Act making annual 
appropriations:  Provided further, That, of the amount provided under 
this heading in this Act, the following amounts shall be for the 
following purposes in equal amounts for each of fiscal years 2022 
through 2026--
        (1) $27,500,000,000 shall be for a bridge replacement, 
    rehabilitation, preservation, protection, and construction program: 
     Provided further, That, except as otherwise provided under this 
    paragraph in this Act, the funds made available under this 
    paragraph in this Act shall be administered as if apportioned under 
    chapter 1 of title 23, United States Code:  Provided further, That 
    a project funded with funds made available under this paragraph in 
    this Act shall be treated as a project on a Federal-aid highway:  
    Provided further, That, of the funds made available under this 
    paragraph in this Act for a fiscal year, 3 percent shall be set 
    aside to carry out section 202(d) of title 23, United States Code:  
    Provided further, That funds set aside under the preceding proviso 
    to carry out section 202(d) of such title shall be in addition to 
    funds otherwise made available to carry out such section and shall 
    be administered as if made available under such section:  Provided 
    further, That for funds set aside under the third proviso of this 
    paragraph in this Act to carry out section 202(d) of title 23, 
    United States Code, the Federal share of the costs shall be 100 
    percent:  Provided further, That, for the purposes of funds made 
    available under this paragraph in this Act: (1) the term ``State'' 
    has the meaning given such term in section 101 of title 23, United 
    States Code; (2) the term ``off-system bridge'' means a highway 
    bridge located on a public road, other than a bridge on a Federal-
    aid highway; and (3) the term ``Federal-aid highway'' means a 
    public highway eligible for assistance under chapter 1 of title 23, 
    United States Code, other than a highway functionally classified as 
    a local road or rural minor collector:  Provided further, That up 
    to one-half of one percent of the amounts made available under this 
    paragraph in this Act in each fiscal year shall be for the 
    administration and operations of the Federal Highway 
    Administration:  Provided further, That, after setting aside funds 
    under the third proviso of this paragraph in this Act the Secretary 
    shall distribute the remaining funds made available under this 
    paragraph in this Act among States as follows--
            (A) 75 percent by the proportion that the total cost of 
        replacing all bridges classified in poor condition in such 
        State bears to the sum of the total cost to replace all bridges 
        classified in poor condition in all States; and
            (B) 25 percent by the proportion that the total cost of 
        rehabilitating all bridges classified in fair condition in such 
        State bears to the sum of the total cost to rehabilitate all 
        bridges classified in fair condition in all States:
  Provided further, That the amounts calculated under the preceding 
proviso shall be adjusted such that each State receives, for each of 
fiscal years 2022 through 2026, no less than $45,000,000 under such 
proviso:  Provided further, That for purposes of the preceding 2 
provisos, the Secretary shall determine replacement and rehabilitation 
costs based on the average unit costs of bridges from 2016 through 
2020, as submitted by States to the Federal Highway Administration, as 
required by section 144(b)(5) of title 23, United States Code:  
Provided further, That for purposes of determining the distribution of 
funds to States under this paragraph in this Act, the Secretary shall 
calculate the total deck area of bridges classified as in poor or fair 
condition based on the National Bridge Inventory as of December 31, 
2020:  Provided further, That, subject to the following proviso, funds 
made available under this paragraph in this Act that are distributed to 
States shall be used for highway bridge replacement, rehabilitation, 
preservation, protection, or construction projects on public roads:  
Provided further, That of the funds made available under this paragraph 
in this Act that are distributed to a State, 15 percent shall be set 
aside for use on off-system bridges for the same purposes as described 
in the preceding proviso:  Provided further, That, except as provided 
in the following proviso, for funds made available under this paragraph 
in this Act that are distributed to States, the Federal share shall be 
determined in accordance with section 120 of title 23, United States 
Code:  Provided further, That for funds made available under this 
paragraph in this Act that are distributed to States and used on an 
off-system bridge that is owned by a county, town, township, city, 
municipality or other local agency, or federally-recognized Tribe the 
Federal share shall be 100 percent;
        (2) $5,000,000,000, to remain available until expended for 
    amounts made available for each of fiscal years 2022 through 2026, 
    shall be to carry out a National Electric Vehicle Formula Program 
    (referred to in this paragraph in this Act as the ``Program'') to 
    provide funding to States to strategically deploy electric vehicle 
    charging infrastructure and to establish an interconnected network 
    to facilitate data collection, access, and reliability:  Provided, 
    That funds made available under this paragraph in this Act shall be 
    used for: (1) the acquisition and installation of electric vehicle 
    charging infrastructure to serve as a catalyst for the deployment 
    of such infrastructure and to connect it to a network to facilitate 
    data collection, access, and reliability; (2) proper operation and 
    maintenance of electric vehicle charging infrastructure; and (3) 
    data sharing about electric vehicle charging infrastructure to 
    ensure the long-term success of investments made under this 
    paragraph in this Act:  Provided further, That for each of fiscal 
    years 2022 through 2026, the Secretary shall distribute among the 
    States the funds made available under this paragraph in this Act so 
    that each State receives an amount equal to the proportion that the 
    total base apportionment or allocation determined for the State 
    under subsection (c) of section 104 or under section 165 of title 
    23, United States Code, bears to the total base apportionments or 
    allocations for all States under subsection (c) of section 104 and 
    section 165 of title 23, United States Code:  Provided further, 
    That the Federal share payable for the cost of a project funded 
    under this paragraph in this Act shall be 80 percent:  Provided 
    further, That the Secretary shall establish a deadline by which a 
    State shall provide a plan to the Secretary, in such form and such 
    manner that the Secretary requires (to be made available on the 
    Department's website), describing how such State intends to use 
    funds distributed to the State under this paragraph in this Act to 
    carry out the Program for each fiscal year in which funds are made 
    available:  Provided further, That, not later than 120 days after 
    the deadline established in the preceding proviso, the Secretary 
    shall make publicly available on the Department's website and 
    submit to the House Committee on Transportation and Infrastructure, 
    the Senate Committee on Environment and Public Works, and the House 
    and Senate Committees on Appropriations, a report summarizing each 
    plan submitted by a State to the Department of Transportation and 
    an assessment of how such plans make progress towards the 
    establishment of a national network of electric vehicle charging 
    infrastructure:  Provided further, That if a State fails to submit 
    the plan required under the fourth proviso of this paragraph in 
    this Act to the Secretary by the date specified in such proviso, or 
    if the Secretary determines a State has not taken action to carry 
    out its plan, the Secretary may withhold or withdraw, as 
    applicable, funds made available under this paragraph in this Act 
    for the fiscal year from the State and award such funds on a 
    competitive basis to local jurisdictions within the State for use 
    on projects that meet the eligibility requirements under this 
    paragraph in this Act:  Provided further, That, prior to the 
    Secretary making a determination that a State has not taken actions 
    to carry out its plan, the Secretary shall notify the State, 
    consult with the State, and identify actions that can be taken to 
    rectify concerns, and provide at least 90 days for the State to 
    rectify concerns and take action to carry out its plan:  Provided 
    further, That the Secretary shall provide notice to a State on the 
    intent to withhold or withdraw funds not less than 60 days before 
    withholding or withdrawing any funds, during which time the States 
    shall have an opportunity to appeal a decision to withhold or 
    withdraw funds directly to the Secretary:  Provided further, That 
    if the Secretary determines that any funds withheld or withdrawn 
    from a State under the preceding proviso cannot be fully awarded to 
    local jurisdictions within the State under the preceding proviso in 
    a manner consistent with the purpose of this paragraph in this Act, 
    any such funds remaining shall be distributed among other States 
    (except States for which funds for that fiscal year have been 
    withheld or withdrawn under the preceding proviso) in the same 
    manner as funds distributed for that fiscal year under the second 
    proviso under this paragraph in this Act, except that the ratio 
    shall be adjusted to exclude States for which funds for that fiscal 
    year have been withheld or withdrawn under the preceding proviso:  
    Provided further, That funds distributed under the preceding 
    proviso shall only be available to carry out this paragraph in this 
    Act:  Provided further, That funds made available under this 
    paragraph in this Act may be used to contract with a private entity 
    for acquisition and installation of publicly accessible electric 
    vehicle charging infrastructure and the private entity may pay the 
    non-Federal share of the cost of a project funded under this 
    paragraph:  Provided further, That funds made available under this 
    paragraph in this Act shall be for projects directly related to the 
    charging of a vehicle and only for electric vehicle charging 
    infrastructure that is open to the general public or to authorized 
    commercial motor vehicle operators from more than one company:  
    Provided further, That any electric vehicle charging infrastructure 
    acquired or installed with funds made available under this 
    paragraph in this Act shall be located along a designated 
    alternative fuel corridor:  Provided further, That no later than 90 
    days after the date of enactment of this Act, the Secretary of 
    Transportation, in coordination with the Secretary of Energy, shall 
    develop guidance for States and localities to strategically deploy 
    electric vehicle charging infrastructure, consistent with this 
    paragraph in this Act:  Provided further, That the Secretary of 
    Transportation, in coordination with the Secretary of Energy, shall 
    consider the following in developing the guidance described in the 
    preceding proviso: (1) the distance between publicly available 
    electric vehicle charging infrastructure; (2) connections to the 
    electric grid, including electric distribution upgrades; vehicle-
    to-grid integration, including smart charge management or other 
    protocols that can minimize impacts to the grid; alignment with 
    electric distribution interconnection processes, and plans for the 
    use of renewable energy sources to power charging and energy 
    storage; (3) the proximity of existing off-highway travel centers, 
    fuel retailers, and small businesses to electric vehicle charging 
    infrastructure acquired or funded under this paragraph in this Act; 
    (4) the need for publicly available electric vehicle charging 
    infrastructure in rural corridors and underserved or disadvantaged 
    communities; (5) the long-term operation and maintenance of 
    publicly available electric vehicle charging infrastructure to 
    avoid stranded assets and protect the investment of public funds in 
    that infrastructure; (6) existing private, national, State, local, 
    Tribal, and territorial government electric vehicle charging 
    infrastructure programs and incentives; (7) fostering enhanced, 
    coordinated, public-private or private investment in electric 
    vehicle charging infrastructure; (8) meeting current and 
    anticipated market demands for electric vehicle charging 
    infrastructure, including with regard to power levels and charging 
    speed, and minimizing the time to charge current and anticipated 
    vehicles; and (9) any other factors, as determined by the 
    Secretary:  Provided further, That if a State determines, and the 
    Secretary certifies, that the designated alternative fuel corridors 
    in the States are fully built out, then the State may use funds 
    provided under this paragraph for electric vehicle charging 
    infrastructure on any public road or in other publically accessible 
    locations, such as parking facilities at public buildings, public 
    schools, and public parks, or in publically accessible parking 
    facilities owned or managed by a private entity:  Provided further, 
    That subject to the minimum standards and requirements established 
    under the following proviso, funds made available under this 
    paragraph in this Act may be used for: (1) the acquisition or 
    installation of electric vehicle charging infrastructure; (2) 
    operating assistance for costs allocable to operating and 
    maintaining electric vehicle charging infrastructure acquired or 
    installed under this paragraph in this Act, for a period not to 
    exceed five years; (3) the acquisition or installation of traffic 
    control devices located in the right-of-way to provide directional 
    information to electric vehicle charging infrastructure acquired, 
    installed, or operated under this paragraph in this Act; (4) on-
    premises signs to provide information about electric vehicle 
    charging infrastructure acquired, installed, or operated under this 
    paragraph in this Act; (5) development phase activities relating to 
    the acquisition or installation of electric vehicle charging 
    infrastructure, as determined by the Secretary; or (6) mapping and 
    analysis activities to evaluate, in an area in the United States 
    designated by the eligible entity, the locations of current and 
    future electric vehicle owners, to forecast commuting and travel 
    patterns of electric vehicles and the quantity of electricity 
    required to serve electric vehicle charging stations, to estimate 
    the concentrations of electric vehicle charging stations to meet 
    the needs of current and future electric vehicle drivers, to 
    estimate future needs for electric vehicle charging stations to 
    support the adoption and use of electric vehicles in shared 
    mobility solutions, such as micro-transit and transportation 
    network companies, and to develop an analytical model to allow a 
    city, county, or other political subdivision of a State or a local 
    agency to compare and evaluate different adoption and use scenarios 
    for electric vehicles and electric vehicle charging stations:  
    Provided further, That not later than 180 days after the date of 
    enactment of this Act, the Secretary of Transportation, in 
    coordination with the Secretary of Energy and in consultation with 
    relevant stakeholders, shall, as appropriate, develop minimum 
    standards and requirements related to: (1) the installation, 
    operation, or maintenance by qualified technicians of electric 
    vehicle charging infrastructure under this paragraph in this Act; 
    (2) the interoperability of electric vehicle charging 
    infrastructure under this paragraph in this Act; (3) any traffic 
    control device or on-premises sign acquired, installed, or operated 
    under this paragraph in this Act; (4) any data requested by the 
    Secretary related to a project funded under this paragraph in this 
    Act, including the format and schedule for the submission of such 
    data; (5) network connectivity of electric vehicle charging 
    infrastructure; and (6) information on publicly available electric 
    vehicle charging infrastructure locations, pricing, real-time 
    availability, and accessibility through mapping applications:  
    Provided further, That not later than 1 year after the date of 
    enactment of this Act, the Secretary shall designate national 
    electric vehicle charging corridors that identify the near- and 
    long-term need for, and the location of, electric vehicle charging 
    infrastructure to support freight and goods movement at strategic 
    locations along major national highways, the National Highway 
    Freight Network established under section 167 of title 23, United 
    States Code, and goods movement locations including ports, 
    intermodal centers, and warehousing locations:  Provided further, 
    That the report issued under section 151(e) of title 23, United 
    States Code, shall include a description of efforts to achieve 
    strategic deployment of electric vehicle charging infrastructure in 
    electric vehicle charging corridors, including progress on the 
    implementation of the Program under this paragraph in this Act:  
    Provided further, That, for fiscal year 2022, before distributing 
    funds made available under this paragraph in this Act to States, 
    the Secretary shall set aside from funds made available under this 
    paragraph in this Act to carry out this paragraph in this Act not 
    more than $300,000,000, which may be transferred to the Joint 
    Office described in the twenty-fourth proviso of this paragraph in 
    this Act, to establish such Joint Office and carry out its duties 
    under this paragraph in this Act:  Provided further, That, for each 
    of fiscal years 2022 through 2026, after setting aside funds under 
    the preceding proviso, and before distributing funds made available 
    under this paragraph in this Act to States, the Secretary shall set 
    aside from funds made available under this paragraph in this Act 
    for such fiscal year to carry out this paragraph in this Act 10 
    percent for grants to States or localities that require additional 
    assistance to strategically deploy electric vehicle charging 
    infrastructure:  Provided further, That not later than 1 year after 
    the date of enactment of this Act, the Secretary shall establish a 
    grant program to administer to States or localities the amounts set 
    aside under the preceding proviso:  Provided further, That, except 
    as otherwise specified under this paragraph in this Act, funds made 
    available under this paragraph in this Act, other than funds 
    transferred under the nineteenth proviso of this paragraph in this 
    Act to the Joint Office, shall be administered as if apportioned 
    under chapter 1 of title 23, United States Code:  Provided further, 
    That funds made available under this paragraph in this Act shall 
    not be transferable under section 126 of title 23, United States 
    Code:  Provided further, That there is established a Joint Office 
    of Energy and Transportation (referred to in this paragraph in this 
    Act as the ``Joint Office'') in the Department of Transportation 
    and the Department of Energy to study, plan, coordinate, and 
    implement issues of joint concern between the two agencies, which 
    shall include: (1) technical assistance related to the deployment, 
    operation, and maintenance of zero emission vehicle charging and 
    refueling infrastructure, renewable energy generation, vehicle-to-
    grid integration, including microgrids, and related programs and 
    policies; (2) data sharing of installation, maintenance, and 
    utilization in order to continue to inform the network build out of 
    zero emission vehicle charging and refueling infrastructure; (3) 
    performance of a national and regionalized study of zero emission 
    vehicle charging and refueling infrastructure needs and deployment 
    factors, to support grants for community resilience and electric 
    vehicle integration; (4) development and deployment of training and 
    certification programs; (5) establishment and implementation of a 
    program to promote renewable energy generation, storage, and grid 
    integration, including microgrids, in transportation rights-of-way; 
    (6) studying, planning, and funding for high-voltage distributed 
    current infrastructure in the rights-of way of the Interstate 
    System and for constructing high-voltage and or medium-voltage 
    transmission pilots in the rights-of-way of the Interstate System; 
    (7) research, strategies, and actions under the Departments' 
    statutory authorities to reduce transportation-related emissions 
    and mitigate the effects of climate change; (8) development of a 
    streamlined utility accommodations policy for high-voltage and 
    medium-voltage transmission in the transportation right-of-way; and 
    (9) any other issues that the Secretary of Transportation and the 
    Secretary of Energy identify as issues of joint interest:  Provided 
    further, That the Joint Office of Energy and Transportation shall 
    establish and maintain a public database, accessible on both 
    Department of Transportation and Department of Energy websites, 
    that includes: (1) information maintained on the Alternative Fuel 
    Data Center by the Office of Energy Efficiency and Renewable Energy 
    of the Department of Energy with respect to the locations of 
    electric vehicle charging stations; (2) potential locations for 
    electric vehicle charging stations identified by eligible entities 
    through the program; and (3) the ability to sort generated results 
    by various characteristics with respect to electric vehicle 
    charging stations, including location, in terms of the State, city, 
    or county; status (operational, under construction, or planned); 
    and charging type, in terms of Level 2 charging equipment or Direct 
    Current Fast Charging Equipment:  Provided further, That the 
    Secretary of Transportation and the Secretary of Energy shall 
    cooperatively administer the Joint Office consistent with this 
    paragraph in this Act:  Provided further, That the Secretary of 
    Transportation and the Secretary of Energy may transfer funds 
    between the Department of Transportation and the Department of 
    Energy from funds provided under this paragraph in this Act to 
    establish the Joint Office and to carry out its duties under this 
    paragraph in this Act and any such funds or portions thereof 
    transferred to the Joint Office may be transferred back to and 
    merged with this account:  Provided further, That the Secretary of 
    Transportation and the Secretary of Energy shall notify the House 
    and Senate Committees on Appropriations not less than 15 days prior 
    to transferring any funds under the previous proviso:  Provided 
    further, That for the purposes of funds made available under this 
    paragraph in this Act: (1) the term ``State'' has the meaning given 
    such term in section 101 of title 23, United States Code; and (2) 
    the term ``Federal-aid highway'' means a public highway eligible 
    for assistance under chapter 1 of title 23, United States Code, 
    other than a highway functionally classified as a local road or 
    rural minor collector:  Provided further, That, of the funds made 
    available in this division or division A of this Act for the 
    Federal lands transportation program under section 203 of title 23, 
    United States Code, not less than $7,000,000 shall be made 
    available for each Federal agency otherwise eligible to compete for 
    amounts made available under that section for each of fiscal years 
    2022 through 2026;
        (3) $3,200,000,000 shall be to carry out the Nationally 
    Significant Freight and Highway Projects program under section 117 
    of title 23, United States Code;
        (4) $9,235,000,000 shall be to carry out the Bridge Investment 
    Program under section 124 of title 23, United States Code:  
    Provided, That, of the funds made available under this paragraph in 
    this Act for a fiscal year, $20,000,000 shall be set aside to carry 
    out section 202(d) of title 23, United States Code:  Provided 
    further, That, of the funds made available under this paragraph in 
    this Act for a fiscal year, $20,000,000 shall be set aside to 
    provide grants for planning, feasibility analysis, and revenue 
    forecasting associated with the development of a project that would 
    subsequently be eligible to apply for assistance under this 
    paragraph:  Provided further, That funds set aside under the first 
    proviso of this paragraph in this Act to carry out section 202(d) 
    of such title shall be in addition to funds otherwise made 
    available to carry out such section and shall be administered as if 
    made available under such section:  Provided further, That for 
    funds set aside under the first proviso of this paragraph in this 
    Act to carry out section 202(d) of title 23, United States Code, 
    the Federal share of the costs shall be 100 percent;
        (5) $150,000,000 shall be to carry out the Reduction of Truck 
    Emissions at Port Facilities Program under section 11402 of 
    division A of this Act:  Provided, That, except as otherwise 
    provided in section 11402 of division A of this Act, the funds made 
    available under this paragraph in this Act shall be administered as 
    if apportioned under chapter 1 of title 23, United States Code;
        (6) $95,000,000, to remain available until expended for amounts 
    made available for each of fiscal years 2022 through 2026, shall be 
    to carry out the University Transportation Centers Program under 
    section 5505 of title 49, United States Code;
        (7) $500,000,000, to remain available until expended for 
    amounts made available for each of fiscal years 2022 through 2026, 
    shall be to carry out the Reconnecting Communities Pilot Program 
    (referred to under this paragraph in this Act as the ``pilot 
    program'') under section 11509 of division A of this Act, of which 
    $100,000,000 shall be for planning grants under section 11509(c) of 
    division A of this Act and of which $400,000,000 shall be available 
    for capital construction grants under section 11509(d) of division 
    A of this Act:  Provided, That of the amounts made available under 
    this paragraph in this Act for section 11509(c) of division A of 
    this Act, the Secretary may use not more than $15,000,000 during 
    the period of fiscal years 2022 through 2026 to provide technical 
    assistance under section 11509(c)(3) of division A of this Act:  
    Provided further, That, except as otherwise provided in section 
    11509 of division A of this Act, amounts made available under this 
    paragraph in this Act shall be administered as if made available 
    under chapter 1 of title 23, United States Code;
        (8) $342,000,000, to remain available until expended for 
    amounts made available for each of fiscal years 2022 through 2026, 
    shall be to carry out the Construction of Ferry Boats and Ferry 
    Terminal Facilities program under section 147 of title 23, United 
    States Code:  Provided, That amounts made available under this 
    paragraph in this Act shall be administered as if made available 
    under section 147 of title 23, United States Code; and
        (9) $1,250,000,000, to remain available until expended for 
    amounts made available for each of fiscal years 2022 through 2026, 
    shall be for construction of the Appalachian Development Highway 
    System as authorized under section 1069(y) of Public Law 102-240:  
    Provided, That, for the purposes of funds made available under this 
    paragraph in this Act for construction of the Appalachian 
    Development Highway System, the term ``Appalachian State'' means a 
    State that contains 1 or more counties (including any political 
    subdivision located within the area) in the Appalachian region, as 
    defined in section 14102(a) of title 40, United States Code:  
    Provided further, That a project carried out with funds made 
    available under this paragraph in this Act for construction of the 
    Appalachian Development Highway System shall be made available for 
    obligation in the same manner as if apportioned under chapter 1 of 
    title 23, United States Code, except that: (1) the Federal share of 
    the cost of any project carried out with those amounts shall be 
    determined in accordance with section 14501 of title 40, United 
    States Code; and (2) the amounts shall be available to construct 
    highways and access roads under section 14501 of title 40, United 
    States Code:  Provided further, That, subject to the following two 
    provisos, in consultation with the Appalachian Regional Commission, 
    the funds made available under this paragraph in this Act for 
    construction of the Appalachian Development Highway System shall be 
    apportioned to Appalachian States according to the percentages 
    derived from the 2021 Appalachian Development Highway System Cost-
    to-Complete Estimate, dated March 2021, and confirmed as each 
    Appalachian State's relative share of the estimated remaining need 
    to complete the Appalachian Development Highway System, adjusted to 
    exclude those corridors that such States have no current plans to 
    complete, as reported in the 2013 Appalachian Development Highway 
    System Completion Report, unless those States have modified and 
    assigned a higher priority for completion of an Appalachian 
    Development Highway System corridor, as reported in the 2020 
    Appalachian Development Highway System Future Outlook:  Provided 
    further, That the Secretary shall adjust apportionments made under 
    the third proviso in this paragraph in this Act so that no 
    Appalachian State shall be apportioned an amount in excess of 30 
    percent of the amount made available for construction of the 
    Appalachian Development Highway System under this heading:  
    Provided further, That the Secretary shall adjust apportionments 
    made under the third proviso in this paragraph in this Act so that: 
    (1) each State shall be apportioned an amount not less than 
    $10,000,000 for each of fiscal years 2022 through 2026; and (2) 
    notwithstanding paragraph (1) of this proviso, a State shall not 
    receive an apportionment that exceeds the remaining funds needed to 
    complete the Appalachian development highway corridor or corridors 
    in the State, as identified in the latest available cost to 
    complete estimate for the system prepared by the Appalachian 
    Regional Commission:  Provided further, That the Federal share of 
    the cost of any project carried out with funds made available under 
    this paragraph in this Act shall be up to 100 percent, as 
    determined by the State:
  Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and program

    For an additional amount for ``Motor Carrier Safety Operations and 
Program'', $50,000,000, to remain available until September 30, 2029, 
to carry out motor carrier safety operations and programs pursuant to 
section 31110 of title 49, United States Code, in addition to amounts 
otherwise provided for such purpose:  Provided, That $10,000,000, to 
remain available until September 30, 2025, shall be made available for 
fiscal year 2022, $10,000,000, to remain available until September 30, 
2026, shall be made available for fiscal year 2023, $10,000,000, to 
remain available until September 30, 2027, shall be made available for 
fiscal year 2024, $10,000,000, to remain available until September 30, 
2028, shall be made available for fiscal year 2025, and $10,000,000, to 
remain available until September 30, 2029, shall be made available for 
fiscal year 2026:  Provided further, That amounts made available under 
this heading in this Act shall be derived from the general fund of the 
Treasury, shall be in addition to any other amounts made available for 
such purpose, and shall not affect the distribution or amount of funds 
provided in any Act making annual appropriations:  Provided further, 
That obligations of funds under this heading in this Act shall not be 
subject to any limitations on obligations provided in any Act making 
annual appropriations:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and pursuant 
to section 251(b) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                      motor carrier safety grants

    For an additional amount for ``Motor Carrier Safety Grants'', 
$622,500,000, to remain available until September 30, 2029, to carry 
out sections 31102, 31103, 31104, and 31313 of title 49, United States 
Code, in addition to amounts otherwise provided for such purpose:  
Provided, That $124,500,000, to remain available until September 30, 
2025, shall be made available for fiscal year 2022, $124,500,000, to 
remain available until September 30, 2026, shall be made available for 
fiscal year 2023, $124,500,000, to remain available until September 30, 
2027, shall be made available for fiscal year 2024, $124,500,000, to 
remain available until September 30, 2028, shall be made available for 
fiscal year 2025, and $124,500,000, to remain available until September 
30, 2029, shall be made available for fiscal year 2026:  Provided 
further, That, of the amounts provided under this heading in this Act, 
the following amounts shall be available for the following purposes in 
equal amounts for each of fiscal years 2022 through 2026--
        (1) up to $400,000,000 shall be for the motor carrier safety 
    assistance program;
        (2) up to $80,000,000 shall be for the commercial driver's 
    license program implementation program;
        (3) up to $132,500,000 shall be for the high priority 
    activities program; and
        (4) up to $10,000,000 shall be for commercial motor vehicle 
    operators grants:
  Provided further, That amounts made available under this heading in 
this Act shall be derived from the general fund of the Treasury, shall 
be in addition to any other amounts made available for such purpose, 
and shall not affect the distribution or amount of funds provided in 
any Act making annual appropriations:  Provided further, That 
obligations of funds under this heading in this Act shall not be 
subject to any limitations on obligations provided in any Act making 
annual appropriations:  Provided further, That up to 1.5 percent of the 
amounts made available under this heading in this Act in each fiscal 
year shall be for oversight and administration:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and pursuant to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

             National Highway Traffic Safety Administration

                               crash data

                     (including transfer of funds)

    For an additional amount for ``Crash Data'', $750,000,000, to 
remain available until September 30, 2029, to carry out section 24108 
of division B of this Act:  Provided, That $150,000,000, to remain 
available until September 30, 2025, shall be made available for fiscal 
year 2022, $150,000,000, to remain available until September 30, 2026, 
shall be made available for fiscal year 2023, $150,000,000, to remain 
available until September 30, 2027, shall be made available for fiscal 
year 2024, $150,000,000, to remain available until September 30, 2028, 
shall be made available for fiscal year 2025, and $150,000,000, to 
remain available until September 30, 2029, shall be made available for 
fiscal year 2026:  Provided further, That up to 3 percent of the 
amounts made available under this heading in this Act in each of fiscal 
years 2022 through 2026 shall be for salaries and expenses, 
administration, and oversight, and shall be transferred and merged with 
the appropriations under the heading ``Operations and Research'':  
Provided further, That not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall submit to 
the House and Senate Committees on Appropriations a funding allocation 
plan for fiscal year 2022:  Provided further, That for each fiscal year 
through 2026, as part of the annual budget submission of the President 
under section 1105(a) of title 31, United States Code, the Secretary of 
Transportation shall submit a funding allocation plan for funding that 
will be made available under this heading in the upcoming fiscal year:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and pursuant to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

            vehicle safety and behavioral research programs

                     (including transfer of funds)

    For an additional amount for ``Vehicle Safety and Behavioral 
Research Programs'', $548,500,000, to remain available until September 
30, 2029, to carry out the provisions of section 403 of title 23, 
United States Code, including behavioral research on Automated Systems 
and Advanced Driver Assistance Systems and improving consumer responses 
to safety recalls, and chapter 303 of title 49, United States Code, in 
addition to amounts otherwise provided for such purpose:  Provided, 
That $109,700,000, to remain available until September 30, 2025, shall 
be made available for fiscal year 2022, $109,700,000, to remain 
available until September 30, 2026, shall be made available for fiscal 
year 2023, $109,700,000, to remain available until September 30, 2027, 
shall be made available for fiscal year 2024, $109,700,000, to remain 
available until September 30, 2028, shall be made available for fiscal 
year 2025, and $109,700,000 to remain available until September 30, 
2029, shall be made available for fiscal year 2026:  Provided further, 
That amounts made available under this heading in this Act shall be 
derived from the general fund of the Treasury:  Provided further, That 
obligations of funds under this heading in this Act shall not be 
subject to any limitations on obligations provided in any Act making 
annual appropriations:  Provided further, That of the amounts made 
available under this heading in this Act, up to $350,000,000 may be 
transferred to ``Operations and Research'' to carry out traffic and 
highway safety authorized under chapter 301 and part C of subtitle VI 
of title 49, United States Code:  Provided further, That not later than 
90 days after the date of enactment of this Act, the Secretary of 
Transportation shall submit to the House and Senate Committees on 
Appropriations a funding allocation for fiscal year 2022:  Provided 
further, That for each fiscal year through 2026, as part of the annual 
budget submission of the President under section 1105(a) of title 31, 
United States Code, the Secretary of Transportation shall submit a 
funding allocation for funding that will be made available under this 
heading in the upcoming fiscal year:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and pursuant to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

              supplemental highway traffic safety programs

    For an additional amount for ``Supplemental Highway Traffic Safety 
Programs'', $310,000,000, to remain available until September 30, 2029, 
to carry out sections 402 and 405 of title 23, United States Code, and 
section 24101(a)(5) of division B of this Act:  Provided, That 
$62,000,000, to remain available until September 30, 2025, shall be 
made available for fiscal year 2022, $62,000,000, to remain available 
until September 30, 2026, shall be made available for fiscal year 2023, 
$62,000,000, to remain available until September 30, 2027, shall be 
made available for fiscal year 2024, $62,000,000, to remain available 
until September 30, 2028, shall be made available for fiscal year 2025, 
and $62,000,000 to remain available until September 30, 2029, shall be 
made available for fiscal year 2026:  Provided further, That amounts 
made available under this heading in this Act shall be derived from the 
general fund of the Treasury:  Provided further, That obligations of 
funds under this heading in this Act shall not be subject to any 
limitations on obligations provided in any Act making annual 
appropriations:  Provided further, That, of the amounts provided under 
this heading in this Act, the following amounts shall be for the 
following purposes in equal amounts for each of fiscal years 2022 
through 2026:
        (1) $100,000,000 shall be for highway safety programs under 
    section 402 of title 23, United States Code;
        (2) $110,000,000 shall be for national priority safety programs 
    under section 405 of title 23, United States Code; and
        (3) $100,000,000 shall be for administrative expenses under 
    section 24101(a)(5) of division B of this Act:
  Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and pursuant to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                    Federal Railroad Administration

        consolidated rail infrastructure and safety improvements

    For an additional amount for ``Consolidated Rail Infrastructure and 
Safety Improvements'', $5,000,000,000, to remain available until 
expended, for competitive grants, as authorized under section 22907 of 
title 49, United States Code:  Provided, That $1,000,000,000, to remain 
available until expended, shall be made available for fiscal year 2022, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$1,000,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $1,000,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That the Secretary may withhold up to 2 percent of the amounts 
provided under this heading in this Act in each fiscal year for the 
costs of award and project management oversight of grants carried out 
under section 22907 of title 49, United States Code:  Provided further, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

     northeast corridor grants to the national railroad passenger 
                              corporation

                     (including transfer of funds)

    For an additional amount for ``Northeast Corridor Grants to the 
National Railroad Passenger Corporation'', $6,000,000,000, to remain 
available until expended, for activities associated with the Northeast 
Corridor, as authorized by section 22101(a) of division B of this Act:  
Provided, That $1,200,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $1,200,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$1,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $1,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$1,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That the amounts 
made available under this heading in this Act shall be made available 
for capital projects for the purpose of eliminating the backlog of 
obsolete assets and Amtrak's deferred maintenance backlog of rolling 
stock, facilities, stations, and infrastructure:  Provided further, 
That amounts made available under this heading in this Act shall be 
made available for the following capital projects--
        (1) acquiring new passenger rolling stock for the replacement 
    of single-level passenger cars used in Amtrak's Northeast Corridor 
    services, and associated rehabilitation, upgrade, and expansion of 
    facilities used to maintain and store such equipment;
        (2) bringing Amtrak-served stations to full compliance with the 
    Americans with Disabilities Act;
        (3) eliminating the backlog of deferred capital work on sole-
    benefit Amtrak-owned assets located on the Northeast Corridor; or
        (4) carrying out Northeast Corridor capital renewal backlog 
    projects:
  Provided further, That not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall submit to 
the House and Senate Committees on Appropriations a detailed spend 
plan, including a list of project locations under the preceding proviso 
to be funded for fiscal year 2022:  Provided further, That for each 
fiscal year through 2026, as part of the annual budget submission of 
the President under section 1105(a) of title 31, United States Code, 
the Secretary of Transportation shall submit a detailed spend plan for 
that fiscal year, including a list of project locations under the third 
proviso:  Provided further, That amounts made available under this 
heading in this Act shall be in addition to other amounts made 
available for such purposes, including to enable the Secretary of 
Transportation to make or amend existing grants to Amtrak for 
activities associated with the Northeast Corridor, as authorized by 
section 22101(a) of division B of this Act:  Provided further, That 
amounts made available under this heading in this Act may be used by 
Amtrak to fund, in whole or in part, the capital costs of Northeast 
Corridor capital renewal backlog projects, including the costs of joint 
public transportation and intercity passenger rail capital projects, 
notwithstanding the limitations in section 24319(g) and section 
24905(c) of title 49, United States Code:  Provided further, That 
notwithstanding section 24911(f) of title 49, United States Code, 
amounts made available under this heading in this Act may be used as 
non-Federal share for Northeast Corridor projects selected for award 
under such section after the date of enactment of this Act:  Provided 
further, That the Secretary may retain up to one half of 1 percent of 
the amounts made available under both this heading in this Act and the 
``National Network Grants to the National Railroad Passenger 
Corporation'' heading in this Act to fund the costs of oversight of 
Amtrak, as authorized by section 22101(c) of division B of this Act:  
Provided further, That in addition to the oversight funds authorized 
under section 22101(c) of division B of this Act, the Secretary may 
retain up to $5,000,000 of the funds made available under this heading 
in this Act for each fiscal year for the Northeast Corridor Commission 
established under section 24905 of title 49, United States Code, to 
facilitate a coordinated and efficient delivery of projects carried out 
under this heading in this Act:  Provided further, That amounts made 
available under this heading in this Act may be transferred to and 
merged with amounts made available under the heading ``National Network 
Grants to the National Railroad Passenger Corporation'' in this Act for 
the purposes authorized under that heading:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

 national network grants to the national railroad passenger corporation

                     (including transfer of funds)

    For an additional amount for ``National Network Grants to the 
National Railroad Passenger Corporation'', $16,000,000,000, to remain 
available until expended, for activities associated with the National 
Network, as authorized by section 22101(b) of division B of this Act:  
Provided, That $3,200,000,000, to remain available until expended, 
shall be made available for fiscal year 2022, $3,200,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$3,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $3,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$3,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That amounts made 
available under this heading in this Act shall be made available for 
capital projects for the purpose of eliminating Amtrak's deferred 
maintenance backlog of rolling stock, facilities, stations and 
infrastructure, including--
        (1) acquiring new passenger rolling stock to replace obsolete 
    passenger equipment used in Amtrak's long-distance and state-
    supported services, and associated rehabilitation, upgrade, or 
    expansion of facilities used to maintain and store such equipment;
        (2) bringing Amtrak-served stations to full compliance with the 
    Americans with Disabilities Act;
        (3) eliminating the backlog of deferred capital work on Amtrak-
    owned railroad assets not located on the Northeast Corridor; and
        (4) projects to eliminate the backlog of obsolete assets 
    associated with Amtrak's national rail passenger transportation 
    system, such as systems for reservations, security, training 
    centers, and technology:
  Provided further, That not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall submit to 
the House and Senate Committees on Appropriations a detailed spend 
plan, including a list of project locations under the preceding proviso 
to be funded for fiscal year 2022:  Provided further, That for each 
fiscal year through 2026, as part of the annual budget submission of 
the President under section 1105(a) of title 31, United States Code, 
the Secretary of Transportation shall submit a detailed spend plan for 
that fiscal year, including a list of project locations under the third 
proviso:  Provided further, That of the amounts made available under 
this heading in this Act, and in addition to amounts made available for 
similar purposes under this heading in prior Acts, Amtrak shall use 
such amounts as necessary for the replacement of single-level passenger 
cars and associated rehabilitation, upgrade, and expansion of 
facilities used to maintain and store such passenger cars, and such 
amounts shall be for its direct costs and in lieu of payments from 
States for such purposes, notwithstanding section 209 of the Passenger 
Rail Investment and Improvement Act of 2008 (Public Law 110-432), as 
amended:  Provided further, That amounts made available under this 
heading in this Act shall be in addition to other amounts made 
available for such purposes, including to enable the Secretary of 
Transportation to make or amend existing grants to Amtrak for 
activities associated with the National Network, as authorized by 
section 22101(b) of division B of this Act:  Provided further, That in 
addition to the oversight funds authorized under section 22101(c) of 
division B of this Act, the Secretary may retain up to $3,000,000 of 
the funds made available under this heading in this Act for each fiscal 
year for the State-Supported Route Committee established under section 
24712(a) of title 49, United States Code:  Provided further, That of 
the funds made available under this heading in this Act, the Secretary 
may retain up to $3,000,000 for each fiscal year for interstate rail 
compact grants, as authorized by section 22910 of title 49, United 
States Code:  Provided further, That of the funds made available under 
this heading in this Act, not less than $50,000,000 for each fiscal 
year shall be used to make grants, as authorized under section 22908 of 
title 49 United States Code consistent with the requirements of that 
section:  Provided further, That of the amounts made available under 
this heading in this Act, such sums as are necessary, shall be 
available for purposes authorized in section 22214 of division B of 
this Act:  Provided further, That amounts made available under this 
heading in this Act may be transferred to and merged with amounts made 
available under the heading ``Northeast Corridor Grants to the National 
Railroad Passenger Corporation'' in this Act for the purposes 
authorized under that heading:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                 railroad crossing elimination program

    For an additional amount for ``Railroad Crossing Elimination 
Program'', $3,000,000,000, to remain available until expended, for 
competitive grants, as authorized under section 22909 of title 49, 
United States Code:  Provided, That $600,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$600,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $600,000,000, to remain available until 
expended, shall be made available for fiscal year 2024, $600,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2025, and $600,000,000, to remain available until expended, shall 
be made available for fiscal year 2026:  Provided further, That the 
Secretary may withhold up to 2 percent of the amounts provided under 
this heading in this Act for the costs of award and project management 
oversight of grants carried out under section 22909 of title 49, United 
States Code:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

     federal-state partnership for intercity passenger rail grants

    For an additional amount for ``Federal-State Partnership for 
Intercity Passenger Rail Grants'', $36,000,000,000, to remain available 
until expended, for grants, as authorized section 24911 of title 49, 
United States Code:  Provided, That $7,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2022, 
$7,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2023, $7,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2024, 
$7,200,000,000, to remain available until expended, shall be made 
available for fiscal year 2025, and $7,200,000,000, to remain available 
until expended, shall be made available for fiscal year 2026:  Provided 
further, That, notwithstanding subsection 24911(d)(3) of title 49, 
United States Code, not more than $24,000,000,000 of the amounts made 
available under this heading in this Act for fiscal years 2022 through 
2026 shall be for projects for the Northeast Corridor:  Provided 
further, That amounts made available under the heading ``Northeast 
Corridor Grants to the National Railroad Passenger Corporation'' in 
this Act may be used as non-Federal share for Northeast Corridor 
projects selected for award under section 24911 of title 49, United 
States Code, after the date of enactment of this Act, notwithstanding 
subsection 24911(f) of such title:  Provided further, That the 
Secretary may withhold up to 2 percent of the amount provided under 
this heading in this Act in each fiscal year for the costs of award and 
project management oversight of grants carried out under section 24911 
of title 49, United States Code:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018, and to 
section 251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

       administrative provisions--federal railroad administration

                     (including transfer of funds)

    Sec. 802.  Amounts made available to the Secretary of 
Transportation or to the Federal Railroad Administration in this title 
in this Act for the costs of award, administration, and project 
management oversight of financial assistance under the programs that 
are administered by the Federal Railroad Administration may be 
transferred to a ``Financial Assistance Oversight and Technical 
Assistance'' account, to remain available until expended, for the 
necessary expenses to support the award, administration, project 
management oversight, and technical assistance of programs administered 
by the Federal Railroad Administration under this Act:  Provided, That 
one-quarter of one percent of the amounts transferred pursuant to the 
authority in this section in each of fiscal years 2022 through 2026 
shall be transferred to the Office of Inspector General of the 
Department of Transportation for oversight of funding provided to the 
Department of Transportation in this title in this Act:  Provided 
further, That one-quarter of one percent of the amounts transferred 
pursuant to the authority in this section in each of fiscal years 2022 
through 2026 shall be transferred to the National Railroad Passenger 
Corporation Office of Inspector General for oversight of funding 
provided to the National Railroad Passenger Corporation in this title 
in this Act.

                     Federal Transit Administration

                     transit infrastructure grants

                     (including transfer of funds)

    For an additional amount for ``Transit Infrastructure Grants'', 
$10,250,000,000, to remain available until expended:  Provided, That 
$2,050,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $2,050,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$2,050,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $2,050,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$2,050,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That the funds made 
available under this heading in this Act shall be derived from the 
general fund of the Treasury, shall be in addition to any other amounts 
made available for such purpose, and shall not affect the distribution 
of funds provided in any Act making annual appropriations:  Provided 
further, That the funds made available under this heading in this Act 
shall not be subject to any limitation on obligations for the Federal 
Public Transportation Assistance Program set forth in any Act making 
annual appropriations:  Provided further, That, of the amount provided 
under this heading in this Act, the following amounts shall be for the 
following purposes in equal amounts for each of fiscal years 2022 
through 2026--
        (1) $4,750,000,000 shall be to carry out the state of good 
    repair grants under section 5337(c) and (d) of title 49, United 
    States Code;
        (2) $5,250,000,000 shall be to carry out the low or no emission 
    grants under section 5339(c) of title 49, United States Code; and
        (3) $250,000,000 shall be to carry out the formula grants for 
    the enhanced mobility of seniors and individuals with disabilities 
    as authorized under section 5310 of title 49, United States Code:
  Provided further, That not more than two percent of the funds made 
available under this heading in this Act shall be available for 
administrative and oversight expenses as authorized under section 5334 
and section 5338(c) of title 49, United States Code, and shall be in 
addition to any other appropriations for such purpose:  Provided 
further, That one-half of one percent of the amounts in the preceding 
proviso shall be transferred to the Office of Inspector General of the 
Department of Transportation for oversight of funding provided to the 
Department of Transportation in this title in this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                       capital investment grants

                     (including transfer of funds)

    For an additional amount for ``Capital Investment Grants'', 
$8,000,000,000, to remain available until expended:  Provided, That 
$1,600,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $1,600,000,000, to remain available 
until expended, shall be made available for fiscal year 2023, 
$1,600,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $1,600,000,000, to remain available 
until expended, shall be made available for fiscal year 2025, and 
$1,600,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That not more than 
55 percent of the funds made available under this heading in this Act 
in each fiscal year may be available for projects authorized under 
section 5309(d) of title 49, United States Code:  Provided further, 
That not more than 20 percent of the funds made available under this 
heading in this Act in each fiscal year may be available for projects 
authorized under section 5309(e) of title 49, United States Code:  
Provided further, That not more than 15 percent of the funds made 
available under this heading in this Act in each fiscal year may be 
available for projects authorized under section 5309(h) of title 49, 
United States Code:  Provided further, That not more than 10 percent of 
the funds made available under this heading in this Act in each fiscal 
year may be available for projects authorized under section 3005(b) of 
the Fixing America's Surface Transportation Act:  Provided further, 
That the Secretary may adjust the percentage limitations in any of the 
preceding four provisos by up to 5 percent in each fiscal year for 
which funds are made available under this heading in this Act only when 
there are unobligated carry over balances from funds provided for 
section 5309(d), section 5309(e), or section 5309(h) of title 49, 
United States Code, or section 3005(b) of the Fixing America's 
Transportation Act that are equal to or greater than amounts provided 
under this heading in this Act:  Provided further, That for each fiscal 
year through 2026, as part of the annual budget submission of the 
President under section 1105(a) of title 31, United States Code, the 
Secretary of Transportation shall submit a list of potential projects 
eligible for the funds made available under this heading in this Act 
for that fiscal year, including project locations and proposed funding 
amounts consistent with the projects Full Funding Grant Agreement 
annual funding profile where applicable:  Provided further, That funds 
allocated to any project during fiscal years 2015 or 2017 pursuant to 
section 5309 of title 49, United States Code, shall remain allocated to 
that project through fiscal year 2023:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fiscal year 
2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                   all stations accessibility program

                     (including transfer of funds)

    For an additional amount for ``All Stations Accessibility 
Program'', $1,750,000,000, to remain available until expended, for the 
Secretary of Transportation to make competitive grants to assist 
eligible entities in financing capital projects to upgrade the 
accessibility of legacy rail fixed guideway public transportation 
systems for persons with disabilities, including those who use 
wheelchairs, by increasing the number of existing (as of the date of 
enactment of this Act) stations or facilities for passenger use that 
meet or exceed the new construction standards of title II of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.):  
Provided, That $350,000,000, to remain available until expended, shall 
be made available for fiscal year 2022, $350,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$350,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $350,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$350,000,000, to remain available until expended, shall be made 
available for fiscal year 2026:  Provided further, That the funds made 
available under this heading in this Act shall be derived from the 
general fund of the Treasury:  Provided further, That eligible entities 
under this heading in this Act shall include a State or local 
government authority:  Provided further, That an eligible entity may 
use a grant awarded under this heading in this Act: (1) for a project 
to repair, improve, modify, retrofit, or relocate infrastructure of 
stations or facilities for passenger use, including load-bearing 
members that are an essential part of the structural frame; or (2) to 
develop or modify a plan for pursuing public transportation 
accessibility projects, assessments of accessibility, or assessments of 
planned modifications to stations or facilities for passenger use:  
Provided further, That eligible entities are encouraged to consult with 
appropriate stakeholders and the surrounding community to ensure 
accessibility for individuals with disabilities, including 
accessibility for individuals with physical disabilities, including 
those who use wheelchairs, accessibility for individuals with sensory 
disabilities, and accessibility for individuals with intellectual or 
developmental disabilities:  Provided further, That all projects shall 
at least meet the new construction standards of title II of the 
Americans with Disabilities Act of 1990:  Provided further, That 
eligible costs for a project funded with a grant awarded under this 
heading in this Act shall be limited to the costs associated with 
carrying out the purpose described in the preceding proviso:  Provided 
further, That an eligible entity may not use a grant awarded under this 
heading in this Act to upgrade a station or facility for passenger use 
that is accessible to and usable by individuals with disabilities, 
including individuals who use wheelchairs, consistent with current (as 
of the date of the upgrade) new construction standards under title II 
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et 
seq.):  Provided further, That a grant for a project made with amounts 
made available under this heading in this Act shall be for 80 percent 
of the net project cost:  Provided further, That the total Federal 
financial assistance available under chapter 53 of title 49, United 
States Code, for an eligible entity that receives a grant awarded under 
this heading in this Act may not exceed 80 percent:  Provided further, 
That the recipient of a grant made with amounts made available under 
this heading in this Act may provide additional local matching amounts: 
 Provided further, That not more than two percent of the funds made 
available under this heading in this Act shall be available for 
administrative and oversight expenses as authorized under section 5334 
and section 5338(c) of title 49, United States Code, and shall be in 
addition to any other appropriations for such purpose:  Provided 
further, That one-half of one percent of the of the amounts in the 
preceding proviso shall be transferred to the Office of Inspector 
General of the Department of Transportation for oversight of funding 
provided to the Department of Transportation in this title in this Act: 
 Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 electric or low-emitting ferry program

                     (including transfer of funds)

    For competitive grants for electric or low-emitting ferry pilot 
program grants as authorized under section 71102 of division G of this 
Act, $250,000,000, to remain available until expended:  Provided, That 
$50,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $50,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $50,000,000, to 
remain available until expended, shall be made available for fiscal 
year 2024, $50,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $50,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That amounts made available under this heading in 
this Act shall be derived from the general fund of the Treasury:  
Provided further, That the amounts made available under this heading in 
this Act shall not be subject to any limitation on obligations for 
transit programs set forth in any Act making annual appropriations:  
Provided further, That not more than two percent of the funds made 
available under this heading in this Act shall be available for 
administrative and oversight expenses as authorized under section 5334 
and section 5338(c) of title 49, United States Code, and shall be in 
addition to any other appropriations for such purpose:  Provided 
further, That one-half of one percent of the of the amounts in the 
preceding proviso shall be transferred to the Office of Inspector 
General of the Department of Transportation for oversight of funding 
provided to the Department of Transportation in this title in this Act: 
 Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                  ferry service for rural communities

                     (including transfer of funds)

    For competitive grants to States for eligible essential ferry 
service as authorized under section 71103 of division G of this Act, 
$1,000,000,000, to remain available until expended:  Provided, That 
$200,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $200,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $200,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $200,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $200,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That amounts made available under this heading in 
this Act shall be derived from the general fund of the Treasury:  
Provided further, That amounts made available under this heading in 
this Act shall not be subject to any limitation on obligations for the 
Federal Public Transportation Assistance Program set forth in any Act 
making annual appropriations:  Provided further, That not more than two 
percent of the funds made available under this heading in this Act 
shall be available for administrative and oversight expenses as 
authorized under section 5334 and section 5338(c) of title 49, United 
States Code, and shall be in addition to any other appropriations for 
such purpose:  Provided further, That one-half of one percent of the 
amounts in the preceding proviso shall be transferred to the Office of 
Inspector General of the Department of Transportation for oversight of 
funding provided to the Department of Transportation in this title in 
this Act:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                        Maritime Administration

                        operations and training

    For an additional amount for ``Operations and Training'', 
$25,000,000, to remain available until September 30, 2032, for the 
America's Marine Highway Program to make grants for the purposes 
authorized under sections 55601(b)(1) and (3) of title 46, United 
States Code:  Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                port infrastructure development program

    For an additional amount for ``Port Infrastructure Development 
Program'', $2,250,000,000, to remain available until September 30, 
2036:  Provided, That $450,000,000, to remain available until September 
30, 2032, shall be made available for fiscal year 2022, $450,000,000, 
to remain available until September 30, 2033, shall be made available 
for fiscal year 2023, $450,000,000, to remain available until September 
30, 2034, shall be made available for fiscal year 2024, $450,000,000, 
to remain available until September 30, 2035, shall be made available 
for fiscal year 2025, and $450,000,000, to remain available until 
September 30, 2036, shall be made available for fiscal year 2026:  
Provided further, That for the purposes of amounts made available under 
this heading in this Act and in prior Acts, and in addition to projects 
already eligible for awards under this heading, eligible projects, as 
defined under section 50302(c)(3) of title 46, United States Code, 
shall also include projects that improve the resiliency of ports to 
address sea-level rise, flooding, extreme weather events, earthquakes, 
and tsunami inundation, as well as projects that reduce or eliminate 
port-related criteria pollutant or greenhouse gas emissions, including 
projects for--
        (1) Port electrification or electrification master planning;
        (2) Harbor craft or equipment replacements/retrofits;
        (3) Development of port or terminal micro-grids;
        (4) Providing idling reduction infrastructure;
        (5) Purchase of cargo handling equipment and related 
    infrastructure;
        (6) Worker training to support electrification technology;
        (7) Installation of port bunkering facilities from ocean-going 
    vessels for fuels;
        (8) Electric vehicle charge or hydrogen refueling 
    infrastructure for drayage, and medium or heavy duty trucks and 
    locomotives that service the port and related grid upgrades; or
        (9) Other related to port activities including charging 
    infrastructure, electric rubber-tired gantry cranes, and anti-
    idling technologies:
  Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, and to section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

         Pipeline and Hazardous Materials Safety Administration

natural gas distribution infrastructure safety and modernization grant 
                                program

                     (including transfer of funds)

    For an additional amount for ``Natural Gas Distribution 
Infrastructure Safety and Modernization Grant Program'', 
$1,000,000,000, to remain available until expended for the Secretary of 
Transportation to make competitive grants for the modernization of 
natural gas distribution pipelines:  Provided, That $200,000,000, to 
remain available until September 30, 2032, shall be made available for 
fiscal year 2022, $200,000,000, to remain available until September 30, 
2033, shall be made available for fiscal year 2023, $200,000,000, to 
remain available until September 30, 2034, shall be made available for 
fiscal year 2024, $200,000,000, to remain available until September 30, 
2035, shall be made available for fiscal year 2025, and $200,000,000, 
to remain available until September 30, 2036, shall be made available 
for fiscal year 2026:  Provided further, That grants from funds made 
available under this heading in this Act shall be available to a 
municipality or community owned utility (not including for-profit 
entities) to repair, rehabilitate, or replace its natural gas 
distribution pipeline system or portions thereof or to acquire 
equipment to (1) reduce incidents and fatalities and (2) avoid economic 
losses:  Provided further, That in making grants from funds made 
available under this heading in this Act, the Secretary shall establish 
procedures for awarding grants that take into consideration the 
following: (1) the risk profile of the existing pipeline system 
operated by the applicant, including the presence of pipe prone to 
leakage; (2) the potential of the project for creating jobs; (3) the 
potential for benefiting disadvantaged rural and urban communities; and 
(4) economic impact or growth:  Provided further, That the Secretary 
shall not award more than 12.5 percent of the funds available under 
this heading to a single municipality or community-owned utility:  
Provided further, That the Secretary shall issue a notice of funding 
opportunity not later than 180 days after each date upon which funds 
are made available under the first proviso:  Provided further, That the 
Secretary shall make awards not later than 270 days after issuing the 
notices of funding opportunity required under the preceding proviso:  
Provided further, That not more than 2 percent of the amounts made 
available in each fiscal year shall be available to pay the 
administrative costs of carrying out the grant program under this 
heading in this Act:  Provided further, That one-half of one percent of 
the amounts transferred pursuant to the authority in this section in 
each of fiscal years 2022 through 2026 shall be transferred to the 
Office of Inspector General of the Department of Transportation for 
oversight of funding provided to the Department of Transportation in 
this Act:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution 
on the budget for fiscal year 2018, and to section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

            General Provision--Department of Transportation

    Sec. 803.  Any funds transferred to the Office of Inspector General 
of the Department of Transportation from amounts made available in this 
division in this Act shall remain available until expended.

              TITLE IX--GENERAL PROVISIONS--THIS DIVISION

    Sec. 901.  Each amount appropriated or made available by this 
division is in addition to amounts otherwise appropriated for the 
fiscal year involved.
    Sec. 902.  No part of any appropriation contained in this division 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 903.  Unless otherwise provided for by this division, the 
additional amounts appropriated by this division to appropriations 
accounts for a fiscal year shall be available under the authorities and 
conditions applicable to such appropriations accounts for that fiscal 
year.
    Sec. 904.  Any amount appropriated by this division, designated by 
the Congress as an emergency requirement pursuant to section 4112(a) of 
H. Con. Res. 71 (115th Congress), the concurrent resolution on the 
budget for fiscal year 2018, and to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, and transferred 
pursuant to transfer authorities provided by this division shall retain 
such designation.

                           budgetary effects

    Sec. 905. (a) Statutory PAYGO Scorecards.--The budgetary effects of 
this division and amounts rescinded in section 90007 of division I that 
were previously designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
Pay As-You-Go Act of 2010.
    (b) Senate Paygo Scorecards.--The budgetary effects of this 
division and amounts rescinded in section 90007 of division I that were 
previously designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 shall not be entered on any PAYGO 
scorecard maintained for purposes of section 4106 of H. Con. Res. 71 
(115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, the budgetary effects of this 
division and amounts rescinded in section 90007 of division I that were 
previously designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 shall be estimated for purposes 
of section 251 of such Act and as appropriations for discretionary 
accounts for purposes of the allocation to the Committee on 
Appropriations pursuant to section 302(a) of the Congressional Budget 
Act of 1974 and section 4112 of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018.
     This division may be cited as the ``Infrastructure Investments and 
Jobs Appropriations Act''.

               DIVISION K--MINORITY BUSINESS DEVELOPMENT

SEC. 100001. SHORT TITLE.
    This division may be cited as the ``Minority Business Development 
Act of 2021''.
SEC. 100002. 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--
            (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.
        (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
            (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) 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) 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.--
        (1) In general.--In addition to the regional offices that the 
    Under Secretary is required to establish under paragraph (2), the 
    Under Secretary shall establish such other offices within the 
    Agency as are necessary to carry out this division.
        (2) Regional offices.--
            (A) In general.--In order to carry out this division, the 
        Under Secretary shall establish a regional office of the Agency 
        for each of the regions of the United States, as determined by 
        the Under Secretary.
            (B) Duties.--Each regional office established under 
        subparagraph (A) shall expand the reach of the Agency and 
        enable the Federal Government to better serve the needs of 
        minority business enterprises in the region served by the 
        office, including by--
                (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. 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 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. PUBLIC SECTOR DEVELOPMENT.
    The Under Secretary shall, whenever the Under Secretary determines 
such action is necessary or appropriate--
        (1) consult and cooperate with public sector entities for the 
    purpose of leveraging resources available in the jurisdictions of 
    those public sector entities to promote the position of minority 
    business enterprises in the local economies of those public sector 
    entities, including by assisting public sector entities to 
    establish or enhance--
            (A) programs to procure goods and services through minority 
        business enterprises and goals for that procurement;
            (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. RESEARCH AND INFORMATION.
    (a) In General.--In order to achieve the purposes of this division, 
the Under Secretary--
        (1) shall--
            (A) collect and analyze data, including data relating to 
        the causes of the success or failure of minority business 
        enterprises;
            (B) 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
        (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. DEFINITION.
    In this subtitle, the term ``MBDA Business Center Program'' means 
the program established under section ___113.
SEC. 100112. 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. 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.
SEC. 100114. 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) 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--
            (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) 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) make the criteria and standards established under paragraph 
    (1) publicly available, including--
            (A) 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
                (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) Notification.--If the Under Secretary grants an application of 
an eligible entity submitted under subsection (e), the Under Secretary 
shall notify the eligible entity that the application has been granted 
not later than 150 days after the last day on which an application may 
be submitted under that subsection.
    (g) Program Examination; Accreditation; Extensions.--
        (1) Examination.--Not later than 180 days after the date of 
    enactment of this Act, and biennially thereafter, the Under 
    Secretary shall conduct a programmatic financial examination of 
    each Center.
        (2) Accreditation.--The Under Secretary may provide financial 
    support, by contract or otherwise, to an association, not less than 
    51 percent of the members of which are Centers, to--
            (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) 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
            (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) 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. 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) on the website of the Agency;
        (2) 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. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL FORMATION.
    (a) Responsibility of Agency.--Not later than 18 months after the 
date of enactment of this Act, and annually thereafter, the Under 
Secretary shall conduct a Government-business forum to review the 
current status of problems and programs relating to capital formation 
by minority business enterprises.
    (b) Participation in Forum Planning.--The Under Secretary shall 
invite the heads of other Federal agencies, such as the Chairman of the 
Securities and Exchange Commission, the Secretary of the Treasury, and 
the Chairman of the Board of Governors of the Federal Reserve System, 
organizations representing State securities commissioners, 
representatives of leading minority chambers of commerce, not less than 
1 certified owner of a minority business enterprise, business 
organizations, and professional organizations concerned with capital 
formation to participate in the planning of each forum conducted under 
subsection (a).
    (c) Preparation of Statements and Reports.--
        (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) 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) 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) assessing the finding or recommendation; and
                (ii) 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. 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--
        (1) conduct a study on opportunities for providing alternative 
    financing solutions to minority business enterprises; and
        (2) 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. 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.
        (4) Implementation timeline.--The Under Secretary shall 
    establish and publish a timeline under which an eligible 
    institution to which a grant is awarded under this section shall 
    carry out the requirements under paragraph (3).
        (5) Reports.--Each year, the Under Secretary shall submit to 
    all applicable committees of Congress, and as part of the annual 
    budget submission of the President under section 1105(a) of title 
    31, United States Code, a report evaluating the awarding and use of 
    grants under this subsection during the fiscal year immediately 
    preceding the fiscal year in which the report is submitted, which 
    shall include, with respect to the fiscal year covered by the 
    report--
            (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. 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.
SEC. 100302. 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) 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) 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), 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) 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
            (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. 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) 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) recommendations for extending the outreach of the Agency to 
    underserved areas.
SEC. 100304. 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. GRANTS TO NONPROFIT ORGANIZATIONS THAT SUPPORT MINORITY 
BUSINESS ENTERPRISES.
    (a) Definition.--In this section, the term ``covered entity'' means 
a private nonprofit organization that--
        (1) is described in paragraph (3), (4), (5), or (6) of section 
    501(c) of the Internal Revenue Code of 1986 and exempt from tax 
    under section 501(a) of such Code; and
        (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) 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) 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) submit to Congress a report regarding the audit conducted 
    under paragraph (1).
    (i) Updates to Congress.--Not later than 90 days after the date on 
which the Under Secretary makes the designation required under 
subsection (c), and once every 30 days thereafter, the Under Secretary 
shall submit to Congress a report that contains--
        (1) the number of grants made under this section during the 
    period covered by the report; and
        (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. 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. 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. 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.

      TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

SEC. 100601. 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. PARTICIPATION OF FEDERAL DEPARTMENTS AND AGENCIES.
    The Under Secretary shall--
        (1) consult with other Federal agencies and departments as 
    appropriate to--
            (A) develop policies, comprehensive plans, and specific 
        program goals for the programs carried out under subtitle B of 
        title I and title III;
            (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) evaluate the impact of Federal support of socially or 
        economically disadvantaged business concerns in achieving the 
        objectives of this division;
        (2) 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. 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) with the consent of another Federal agency, enter into an 
    agreement with that Federal agency to utilize, with or without 
    reimbursement, any service, equipment, personnel, or facility of 
    that Federal agency;
        (5) coordinate with the heads of the Offices of Small and 
    Disadvantaged Business Utilization of Federal agencies;
        (6) develop procedures under which the Under Secretary may 
    evaluate the compliance of a recipient of assistance under this Act 
    with the requirements of this Act;
        (7) deobligate assistance provided under this Act to a 
    recipient that has demonstrated an insufficient level of 
    performance with respect to the assistance, or has engaged in 
    wasteful or fraudulent spending; and
        (8) provide that a recipient of assistance under this Act that 
    has demonstrated an insufficient level of performance with respect 
    to the assistance, or has engaged in wasteful or fraudulent 
    spending, shall be ineligible to receive assistance under this Act 
    for a period determined by the Under Secretary, consistent with the 
    considerations under section 180.865 of title 2, Code of Federal 
    Regulations (or any successor regulation), beginning on the date on 
    which the Under Secretary makes the applicable finding.
    (b) Use of Property.--
        (1) In general.--Subject to paragraph (2), in carrying out this 
    division, the Under Secretary may, without cost (except for costs 
    of care and handling), allow any public sector entity, or any 
    recipient nonprofit organization, for the purpose of the 
    development of minority business enterprises, to use any real or 
    tangible personal property acquired by the Agency in carrying out 
    this division.
        (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. 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) 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).
    (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. RECORDKEEPING.
    (a) In General.--Each recipient of assistance under this division 
shall keep such records as the Under Secretary shall prescribe, 
including records that fully disclose, with respect to the assistance 
received by the recipient under this division--
        (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. 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) 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) recommendations for any legislative or administrative 
        action that should be taken to improve the achievement of the 
        purposes of this division.
SEC. 100705. BIANNUAL REPORTS; RECOMMENDATIONS.
    (a) Biannual Report.--Not later than 1 year after the date of 
enactment of this Act, and 90 days after the last day of each odd-
numbered year thereafter, the Under Secretary shall submit to Congress, 
and publish on the website of the Agency, a report of each activity of 
the Agency carried out under this division during the period covered by 
the report.
    (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.
SEC. 100706. 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. EXECUTIVE ORDER 11625.
    The powers 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. 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.`