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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3684 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                       August 10, 2021.
    Resolved, That the bill from the House of Representatives (H.R. 
3684) entitled ``An Act to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

             Strike all after the enacting clause and insert the 
      following:

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.

            Attest:

                                                             Secretary.
117th CONGRESS

  1st Session

                               H.R. 3684

_______________________________________________________________________

                               AMENDMENT
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