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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 award-
ing 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 leak-
age; (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 fur-
ther, That the Secretary shall issue a notice of funding op-
portunity 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 op-
portunity 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
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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 des-
ignated by the Congress as being for an emergency require-
ment pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent 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 In-
spector 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 avail-
able 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 divi-
sion, the additional amounts appropriated by this division 
to appropriations accounts for a fiscal year shall be avail-
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able 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 Con-
gress), the concurrent 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 Emer-
gency 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 ef-
fects 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
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PAYGO scorecard maintained for purposes of section 4106 
of H. Con. Res. 71 (115th Congress). 
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not-
withstanding 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 discre-
tionary accounts for purposes of the allocation to the Com-
mittee 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 In-
vestments and Jobs Appropriations Act’’.
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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 Mi-
nority Business Development Agency of the Depart-
ment of Commerce. 
(2) 
COMMUNITY-BASED
ORGANIZATION.—The 
term ‘‘community-based organization’’ has the mean-
ing 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 ex-
pressly 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 edu-
cation.
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(4) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ has the meaning given the term ‘‘agency’’ in sec-
tion 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 Sec-
retary of Housing and Urban Develop-
ment; or 
(ii) is a low or moderate income area, 
as determined by the Department of Hous-
ing and Urban Development; 
(C) a qualified opportunity zone, as that 
term is defined in section 1400Z–1 of the Inter-
nal Revenue Code of 1986; or 
(D) any other political subdivision or unin-
corporated area of a State determined by the
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Under Secretary to be an area of economic dis-
tress. 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given the term in section 101 of the Higher Edu-
cation 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.—
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(A) IN
GENERAL.—The term ‘‘minority 
business enterprise’’ means a business enter-
prise— 
(i) that is not less than 51 percent- 
owned by 1 or more socially or economically 
disadvantaged individuals; and 
(ii) the management and daily busi-
ness operations of which are controlled by 1 
or more socially or economically disadvan-
taged individuals. 
(B) RULE OF CONSTRUCTION.—Nothing in 
subparagraph (A) may be construed to exclude a 
business enterprise from qualifying as a ‘‘minor-
ity 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
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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 Ele-
mentary 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 ‘‘pri-
vate 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 Fed-
eral 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
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(E) a Native entity. 
(13) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(14) SOCIALLY
OR
ECONOMICALLY
DISADVAN-
TAGED 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 dis-
advantaged individuals; or 
(ii) that is socially or economically dis-
advantaged; or 
(B) the management and daily business op-
erations of which are controlled by 1 or more so-
cially or economically disadvantaged individ-
uals. 
(15) SOCIALLY
OR
ECONOMICALLY
DISADVAN-
TAGED 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
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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 in-
dividual quality of the individual that is unre-
lated 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 Na-
tive; 
(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 dis-
advantaged group eligible to receive assist-
ance. 
(16) SPECIALTY CENTER.—The term ‘‘specialty 
center’’ means an MBDA Business Center that pro-
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vides 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 Agen-
cy. 
(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 com-
ponent reservation, individually identified (including 
parenthetically) in the list published most recently as