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‘‘(H) a comprehensive staff training pro-
gram for— 
‘‘(i) the operations personnel and per-
sonnel 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 receiv-
ing assistance under section 5307 that is 
serving an urbanized area with a popu-
lation of 200,000 or more, the operations 
and maintenance personnel and personnel 
directly responsible for safety of the recipi-
ent 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 as-
sistance under section 5307 that is serving an 
urbanized area with a population of 200,000 or 
more, a risk reduction program for transit oper-
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ations 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, in-
cluding— 
‘‘(i) a reduction of vehicular and pe-
destrian accidents involving buses that in-
cludes measures to reduce visibility impair-
ments for bus operators that contribute to 
accidents, including retrofits to buses in 
revenue service and specifications for future 
procurements that reduce visibility impair-
ments; and 
‘‘(ii) the mitigation of assaults on 
transit workers, including the deployment of 
assault mitigation infrastructure and tech-
nology on buses, including barriers to re-
strict the unwanted entry of individuals 
and objects into the workstations of bus op-
erators when a risk analysis performed by 
the safety committee of the recipient estab-
lished under paragraph (5) determines that 
such barriers or other measures would re-
duce assaults on transit workers and inju-
ries to transit workers.’’; and
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(B) by adding at the end the following: 
‘‘(4) RISK
REDUCTION
PERFORMANCE
TAR-
GETS.— 
‘‘(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 na-
tional transit database under section 5335. 
‘‘(B) SAFETY SET ASIDE.—A recipient re-
ceiving 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
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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 es-
tablished in subparagraph (A), including modi-
fications to rolling stock and de-escalation train-
ing. 
‘‘(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-man-
agement process; 
‘‘(ii) consist of an equal number of— 
‘‘(I) frontline employee represent-
atives, selected by a labor organization 
representing the plurality of the front-
line workforce employed by the recipi-
ent or, if applicable, a contractor to 
the recipient, to the extent frontline 
employees are represented by labor or-
ganizations; and
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‘‘(II) management representatives; 
and 
‘‘(iii) have, at a minimum, responsi-
bility for— 
‘‘(I) 
identifying 
and 
recom-
mending risk-based mitigations or 
strategies necessary to reduce the likeli-
hood and severity of consequences iden-
tified through the agency’s safety risk 
assessment; 
‘‘(II) identifying mitigations or 
strategies that may be ineffective, inap-
propriate, or were not implemented as 
intended; and 
‘‘(III) 
identifying 
safety 
defi-
ciencies for purposes of continuous im-
provement. 
‘‘(B) APPLICABILITY.—This paragraph ap-
plies 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:
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‘‘(11) EFFECTIVENESS
OF
ENFORCEMENT
AU-
THORITIES AND PRACTICES.—The Secretary shall de-
velop and disseminate to State safety oversight agen-
cies 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 au-
thority 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 transpor-
tation agency collects when identifying and eval-
uating safety risks. 
‘‘(B) POLICIES AND PROCEDURES.—A State 
safety oversight agency, in consultation with 
each rail fixed guideway public transportation
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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, includ-
ing access for inspections that occur without ad-
vance 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 trans-
portation agency collects when identifying and 
evaluating safety risks, in accordance with sub-
paragraph (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
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† HR 3684 EAS 
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 regula-
tion); and 
‘‘(B) the public transportation agency safe-
ty plan established by a rail fixed guideway pub-
lic 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
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‘‘(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 en-
forcement 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 INSPEC-
TION PROGRAMS.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Trans-
portation 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
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State safety oversight agency under paragraph (5) of 
that section 5329(k). 
(c) NO EFFECT ON INITIAL CERTIFICATION PROC-
ESS.—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 fol-
lowing: 
‘‘(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 oth-
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† HR 3684 EAS 
erwise disposed of at the end of the service 
life of the rolling stock, equipment, or sup-
plies 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 as-
sistance under this chapter, the rolling 
stock, equipment, and supplies may be 
retained or sold at the end of the serv-
ice life of the rolling stock, equipment, 
or supplies. 
‘‘(II) 
REIMBURSEMENT
RE-
QUIRED.—If rolling stock, equipment, 
or supplies described in subclause (I) is 
sold, of the proceeds from the sale— 
‘‘(aa) the recipient shall re-
tain an amount equal to the sum 
of—
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† HR 3684 EAS 
‘‘(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 remain-
ing 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 pro-
grams with no obligation to reimburse the 
Federal Transit Administration, and no 
approval of the Secretary to retain that 
rolling stock, equipment, or supplies is re-
quired.’’. 
SEC. 30014. NATIONAL TRANSIT DATABASE. 
Section 5335 of title 49, United States Code, is amend-
ed—
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(1) in subsection (a), in the first sentence, by in-
serting ‘‘geographic service area coverage,’’ after ‘‘op-
erating,’’; and 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) DATA REQUIRED TO BE REPORTED.—Each re-
cipient 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 ‘‘para-
graphs (1) and (2)’’ and all that follows through ‘‘2 per-
cent’’ in subparagraph (B) and inserting ‘‘paragraphs (1) 
and (2), 3 percent’’. 
(b) FUNDING FOR STATE SAFETY OVERSIGHT PRO-
GRAM GRANTS.—
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† HR 3684 EAS 
(1) IN GENERAL.—Section 5336(h)(4) of title 49, 
United States Code, is amended by striking ‘‘0.5 per-
cent’’ 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 amend-
ed by adding at the end the following: 
‘‘(f) COMPETITIVE GRANTS FOR RAIL VEHICLE RE-
PLACEMENT.— 
‘‘(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 other-
wise provided in this subsection, a grant under this 
subsection shall be subject to the same terms and con-
ditions 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 sub-
section on a competitive basis each fiscal year. 
‘‘(4) 
CONSIDERATION.—In 
awarding 
grants 
under this subsection, the Secretary shall consider—
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† HR 3684 EAS 
‘‘(A) the size of the rail system of the appli-
cant; 
‘‘(B) the amount of funds available to the 
applicant under this subsection; 
‘‘(C) the age and condition of the rail roll-
ing stock of the applicant that has exceeded or 
will exceed the useful service life of the rail roll-
ing 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 tran-
sit asset management plan of the recipient pur-
suant 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 pro-
vided 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 Gov-
ernment share of the cost of an eligible project carried 
out under this subsection shall not exceed 80 percent. 
‘‘(7) MULTI-YEAR GRANT AGREEMENTS.—
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† HR 3684 EAS 
‘‘(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 participa-
tion 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 pay-
ments 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 avail-
able budget authority specified in law; and 
‘‘(ii) may include a commitment, con-
tingent on amounts to be specified in law in 
advance for commitments under this para-
graph, to obligate an additional amount 
from future available budget authority spec-
ified in law.
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† HR 3684 EAS 
‘‘(D) STATEMENT OF CONTINGENT COMMIT-
MENT.—A multi-year agreement under this 
paragraph shall state that the contingent com-
mitment is not an obligation of the Federal Gov-
ernment.’’. 
SEC. 30017. AUTHORIZATIONS. 
Section 5338 of title 49, United States Code, is amend-
ed to read as follows: 
‘‘§ 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 Transpor-
tation 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.
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† HR 3684 EAS 
‘‘(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 allo-
cated 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
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† HR 3684 EAS 
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 co-
ordinated 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
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† HR 3684 EAS 
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 na-
tional transit institute under section 5314(c);
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† HR 3684 EAS 
‘‘(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 sec-
tion 5337(f);
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‘‘(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 as-
sistance for urbanized areas under section 5307 
and rural areas under section 5311, of which—
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‘‘(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 au-
thorized to be appropriated to carry out section 5309 of this 
title and section 3005(b) of the Federal Public Transpor-
tation 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 avail-
able 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):
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‘‘(A) 0.5 percent of amounts made available 
to carry out section 5305. 
‘‘(B) 0.75 percent of amounts made avail-
able 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 (Pub-
lic 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 sec-
tion 5329. 
‘‘(H) 0.75 percent of amounts made avail-
able 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.
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‘‘(B) Activities to review and audit the safe-
ty and security, procurement, management, and 
financial compliance of a recipient or sub-
recipient of funds under this chapter. 
‘‘(C) Activities to provide technical assist-
ance generally, and to provide technical assist-
ance to correct deficiencies identified in compli-
ance reviews and audits carried out under this 
section. 
‘‘(D) Activities to carry out section 5334. 
‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov-
ernment 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 obliga-
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tion 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 Govern-
ment to pay the Government share of the cost of the 
project only to the extent that amounts are appro-
priated for such purpose by an Act of Congress. 
‘‘(e) AVAILABILITY
OF AMOUNTS.—Amounts made 
available by or appropriated under this section shall re-
main available until expended.’’. 
SEC. 30018. GRANTS FOR BUSES AND BUS FACILITIES. 
Section 5339 of title 49, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (5)(A)— 
(i) by striking ‘‘$90,500,000 for each of 
fiscal years 2016 through 2020’’ and insert-
ing ‘‘$206,000,000 each fiscal year’’; 
(ii) by striking ‘‘$1,750,000’’ and in-
serting ‘‘$4,000,000’’; and 
(iii) by striking ‘‘$500,000’’ and in-
serting ‘‘$1,000,000’’; and
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(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 eligi-
ble recipient or subrecipient under this sub-
section 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 au-
thorized 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 subpara-
graph (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.
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‘‘(B) UNUTILIZED
AMOUNTS.—The Sec-
retary may use less than 15 percent of the 
amounts made available under this subsection in 
a fiscal year for the projects described in sub-
paragraph (A) if the Secretary cannot meet the 
requirement of that subparagraph due to insuffi-
cient 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 obliga-
tion 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 applica-
tions. 
‘‘(10) CONTINUED USE OF PARTNERSHIPS.—
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‘‘(A) IN GENERAL.—An eligible recipient of 
a grant under this subsection may submit an ap-
plication in partnership with other entities, in-
cluding a transit vehicle manufacturer that in-
tends 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 re-
quirement for a competitive procurement under 
section 5325. 
‘‘(11) MAXIMIZING USE OF FUNDS.— 
‘‘(A) 
IN
GENERAL.—Eligible 
recipients 
under this subsection should, to the extent prac-
ticable, seek to utilize the procurement tools au-
thorized under section 3019 of the FAST Act (49 
U.S.C. 5325 note; Public Law 114–94). 
‘‘(B) WRITTEN EXPLANATION.—If an eligi-
ble recipient under this subsection purchases less 
than 5 buses through a standalone procurement, 
the eligible recipient shall provide to the Sec-
retary 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.’’;
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(3) in subsection (c)— 
(A) in paragraph (3)— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) IN GENERAL.—A grant under this sub-
section 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 award-
ing grants under this subsection or under sub-
section (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 ap-
plication and future acquisitions; 
‘‘(ii) addresses the availability of cur-
rent and future resources to meet costs; 
‘‘(iii) considers policy and legislation 
impacting technologies;
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‘‘(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 tran-
sition 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 infra-
structure 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 emis-
sion buses or bus facilities that make greater re-
ductions in energy consumption and harmful 
emissions, including direct carbon emissions, 
than comparable standard buses or other low or 
no emission buses; and
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‘‘(B) shall, for no less than 25 percent of the 
funds made available to carry out this sub-
section, 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.—Eligi-
ble 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 ACTIVI-
TIES.—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 sec-
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tion 5314(b)(2) (including registered apprenticeships and 
other labor-management training programs) under the re-
cipient’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 re-
cipient’’ 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
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(iv) the Committee on Oversight and Re-
form 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 Colum-
bia; and 
(ii) the Chairman of the Council of the Dis-
trict of Columbia; and 
(E) the Chairman of the Northern Virginia 
Transportation Commission. 
(4) INSPECTOR GENERAL; OFFICE OF THE IN-
SPECTOR GENERAL.—The terms ‘‘Inspector General’’ 
and ‘‘Office of Inspector General’’ mean the Inspector 
General and the Office of Inspector General, respec-
tively, of the Transit Authority. 
(5) TRANSIT
AUTHORITY.—The term ‘‘Transit 
Authority’’ means the Washington Metropolitan Area
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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 Pas-
senger Rail Investment and Improvement Act of 2008 (divi-
sion 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.
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‘‘(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 AU-
THORITY.—Subject to subsection (c), of the amounts author-
ized 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 Inspec-
tor 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 RE-
QUIRED 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,
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† HR 3684 EAS 
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 Author-
ity under section 601(f) of the Passenger Rail Invest-
ment 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 speci-
fying 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 ac-
cordance with each applicable Federal law or 
regulation, contracting officer authority, subject 
to the requirement that the Inspector General ex-
ercise that authority— 
(i) in accordance with Section 73 of 
Article XVI of the Compact, after working 
with the Transit Authority to amend pro-
curement policies and procedures to give the
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† HR 3684 EAS 
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 ac-
cordance 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 Sec-
tion 12 of Article V of the Compact; 
and 
(II) personnel policies and proce-
dures 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 excep-
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† HR 3684 EAS 
tions 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 di-
rectly to the Inspector General; and 
(ii) prohibits the counsel described in clause 
(i) from— 
(I) providing legal advice for or on be-
half of the Transit Authority; 
(II) issuing a legal opinion on behalf 
of the Transit Authority or making a state-
ment about a legal position of the Transit 
Authority; or 
(III) waiving any privilege or protec-
tion 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 rec-
ommendation for corrective action to the 
website of the Office of Inspector General 
not later than 3 days after the report is sub-
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† HR 3684 EAS 
mitted in final form to the Board, except 
that— 
(I) the Inspector General shall, if 
required by law or otherwise appro-
priate, redact— 
(aa) personally identifiable 
information; 
(bb) legally privileged infor-
mation; 
(cc) information legally pro-
hibited 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 investiga-
tive findings in a case involving ad-
ministrative misconduct, whether in-
cluded in a recommendation or other-
wise, the Inspector General shall pub-
lish only a summary of the findings, 
which summary shall be redacted in 
accordance with the procedures set 
forth in subclause (I);
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† HR 3684 EAS 
(ii) submit a semiannual report con-
taining recommendations of corrective ac-
tion to the Board, which the Board shall 
transmit not later than 30 days after re-
ceipt of the report, together with any com-
ments the Board determines appropriate, 
to— 
(I) each covered recipient de-
scribed 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, sub-
mit 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 au-
thorized under— 
(aa) chapter 34 of title 33.2 
of the Code of Virginia;
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† HR 3684 EAS 
(bb) section 10–205 of the 
Transportation Article of the Code 
of Maryland; and 
(cc) section 6002 of the Dedi-
cated 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 ef-
fective use of the funding described 
in subclause (I) to address major 
capital improvement projects; 
(bb) a discussion of compli-
ance with strategic plan dead-
lines; 
(cc) an examination of com-
pliance with the reform require-
ments under the laws described in 
subclause (I), including identi-
fying any challenges to compli-
ance or implementation; and
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† HR 3684 EAS 
(dd) recommendations to the 
Transit Authority to improve im-
plementation. 
(e) CAPITAL PROGRAM AND PLANNING.— 
(1) 
CAPITAL
PLANNING
PROCEDURES.—The 
Transit Authority may not expend any amounts re-
ceived under section 602(b) of the Passenger Rail In-
vestment 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 Trans-
portation that the Transit Authority has imple-
mented— 
(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 suc-
cessor regulations)); 
(B) a transit asset management planning 
process that includes —
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† HR 3684 EAS 
(i) asset inventory and condition as-
sessment procedures; and 
(ii) procedures to develop a data set of 
track, guideway, and infrastructure sys-
tems, including tunnels, bridges, and com-
munications 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 receiv-
ing amounts under section 602(b) of the Passenger 
Rail Investment and Improvement Act of 2008 (divi-
sion 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 Im-
provement Program of the Transit Agency approved 
by the Board and compliance with the transit asset 
management regulations of the Secretary of Transpor-
tation under part 625 of title 49, Code of Federal 
Regulations (or successor regulations), to—
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† HR 3684 EAS 
(A) each covered recipient; and 
(B) any other recipient that the Board de-
termines 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 cyberse-
curity protections; and 
(2) prioritize continued integration of new wire-
less services and emergency communications networks, 
while also leveraging partnerships with mobility serv-
ices to improve the competitiveness of the core busi-
ness. 
(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 con-
gressional 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 Gen-
eral) have been implemented; and 
(B) assesses—
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† HR 3684 EAS 
(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 Au-
thority. 
(2) CONGRESSIONAL COMMITTEES.—The congres-
sional 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 Re-
form 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 In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304).
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(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
TITLE 
I—GRID 
INFRASTRUC-
TURE 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 elec-
tric grid are disrupted, preventively shut off, or can-
not operate safely due to extreme weather, wildfire, or 
a natural disaster. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ 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.
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† HR 3684 EAS 
(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’’ in-
cludes 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 Sec-
retary 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
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† HR 3684 EAS 
(ii) increase the ability of the eligible entity 
to reduce the likelihood and consequences of dis-
ruptive events. 
(2) APPLICATION.— 
(A) IN GENERAL.—An eligible entity desir-
ing 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 re-
ceiving 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 dis-
ruptive 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 en-
tities under the program, the Secretary shall give pri-
ority to projects that, in the determination of the Sec-
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† HR 3684 EAS 
retary, 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 elec-
tricity per year. 
(d) GRANTS TO STATES AND INDIAN TRIBES.— 
(1) IN GENERAL.—The Secretary, in accordance 
with this subsection, may make grants under the pro-
gram 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 sub-
section, 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 ap-
plication described in subparagraph (A) shall—
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† HR 3684 EAS 
(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 pub-
lic hearing; and 
(iii) describe the proposed funding dis-
tributions and recipients of the grants to be 
provided by the State or Indian Tribe. 
(3) DISTRIBUTION OF FUNDS.— 
(A) IN GENERAL.—The Secretary shall pro-
vide 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 fol-
lowing 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.
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(iii) The probability of disruptive 
events in the State or on the land of the In-
dian 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 Man-
agement Assistance Grants are pro-
vided under section 420 of the Robert 
T. Stafford Disaster Relief and Emer-
gency 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, meas-
ured by population and economic impacts, 
of disruptive events experienced by the State
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† HR 3684 EAS 
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 cap-
ita expenditures. 
(C) ANNUAL UPDATE OF DATA USED IN DIS-
TRIBUTION 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 de-
scribed 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 ap-
1313 
† HR 3684 EAS 
cal 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 In-
dian Tribe under the program. 
(e) USE OF GRANTS.— 
(1) IN GENERAL.—A grant awarded to an eligi-
ble entity under the program may be used for activi-
ties, technologies, equipment, and hardening measures 
to reduce the likelihood and consequences of disruptive 
events, including— 
(A) weatherization technologies and equip-
ment; 
(B) fire-resistant technologies and fire pre-
vention systems; 
(C) monitoring and control technologies; 
(D) the undergrounding of electrical equip-
ment; 
(E) utility pole management;
1314 
† HR 3684 EAS 
(F) the relocation of power lines or the 
reconductoring of power lines with low-sag, ad-
vanced 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, sub-
stations, of other systems; and 
(L) the replacement of old overhead conduc-
tors 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 fa-
cility that is not used for enhancing 
system adaptive capacity during dis-
ruptive events; or
1315 
† HR 3684 EAS 
(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 enti-
ty 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—
1316 
† HR 3684 EAS 
(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 In-
dian Tribes may— 
(A) provide technical assistance and facili-
tate the distribution and sharing of information 
to reduce the likelihood and consequences of dis-
ruptive events; and 
(B) promulgate consumer-facing informa-
tion 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.—
1317 
† HR 3684 EAS 
(1) IN GENERAL.—Except as provided in para-
graph (2), an eligible entity that receives a grant 
under this section shall be required to match 100 per-
cent of the amount of the grant. 
(2) EXCEPTION FOR SMALL UTILITIES.—An eli-
gible entity that sells not more than 4,000,000 mega-
watt 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 Com-
merce of the House of Representatives a report de-
scribing the program. 
(2) REQUIREMENTS.—The report under para-
graph (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
1318 
† HR 3684 EAS 
(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 ASSIST-
ANCE. 
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 ‘‘wind-
storm’’; 
(2) by striking ‘‘including replacing’’ and insert-
ing 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:
1319 
† HR 3684 EAS 
‘‘(B) the installation of fire-resistant wires 
and infrastructure and the undergrounding of 
wires;’’. 
SEC. 40103. ELECTRIC GRID RELIABILITY AND RESILIENCE 
RESEARCH, 
DEVELOPMENT, 
AND 
DEM-
ONSTRATION. 
(a) DEFINITION
OF FEDERAL FINANCIAL ASSIST-
ANCE.—In this section, the term ‘‘Federal financial assist-
ance’’ 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 assist-
ance program established under paragraph (2). 
(2) ESTABLISHMENT.—Not later than 180 days 
after the date of enactment of this Act, the Secretary
1320 
† HR 3684 EAS 
shall establish a program, to be known as the ‘‘Pro-
gram Upgrading Our Electric Grid and Ensuring 
Reliability and Resiliency’’, to provide, on a competi-
tive basis, Federal financial assistance to eligible enti-
ties 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 infra-
structure to harden and enhance resilience and 
reliability; and 
(B) to demonstrate new approaches to en-
hance regional grid resilience, implemented 
through States by public and rural electric coop-
erative 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 appli-
cation at such time, in such manner, and containing 
such information as the Secretary may require, in-
cluding a description of— 
(A) how the Federal financial assistance 
would be used;
1321 
† HR 3684 EAS 
(B) the expected beneficiaries, and 
(C) in the case of a proposal from an eligi-
ble entity described in paragraph (1)(A)(ii), how 
the proposal would improve regional energy in-
frastructure. 
(5) SELECTION.—The Secretary shall select eligi-
ble 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 pro-
gram. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary 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—
1322 
† HR 3684 EAS 
(A) the resilience, safety, reliability, and 
availability of energy; and 
(B) environmental protection from adverse 
impacts of energy generation. 
(3) FEDERAL FINANCIAL ASSISTANCE.—The Sec-
retary, in consultation with the Secretary of the Inte-
rior, may provide Federal financial assistance to 
rural or remote areas for the purpose of— 
(A) overall cost-effectiveness of energy gen-
eration, 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 gen-
eration facilities; 
(E) developing microgrids; and 
(F) increasing energy efficiency. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection, $1,000,000,000 for 
the period of fiscal years 2022 through 2026. 
(d) ENERGY INFRASTRUCTURE RESILIENCE FRAME-
WORK.—
1323 
† HR 3684 EAS 
(1) IN GENERAL.—The Secretary, in collabora-
tion with the Secretary of Homeland Security, the 
Federal Energy Regulatory Commission, the North 
American Electric Reliability Corporation, and inter-
ested energy infrastructure stakeholders, shall develop 
common analytical frameworks, tools, metrics, and 
data to assess the resilience, reliability, safety, and se-
curity 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 speci-
fications, and logistical and program 
structures necessary to mitigate the 
risks associated with the loss of high- 
voltage recovery transformers;
1324 
† HR 3684 EAS 
(II) the technical specifications 
for high-voltage recovery transformers; 
(III) where inventory of high-volt-
age 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 de-
signs; and 
(VIII) whether new Federal regu-
lations 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;
1325 
† HR 3684 EAS 
(II) to develop plans for next gen-
eration transformers; and 
(III) to plan for surge and long- 
term manufacturing of, and long-term 
standardization of, transformer de-
signs. 
(B) PROTECTION OF INFORMATION.—Infor-
mation that is provided to, generated by, or col-
lected by the Secretary under subparagraph (A) 
shall be considered to be critical electric infra-
structure 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 Sec-
retary shall submit to Congress a report describ-
ing the results of the assessment carried out 
under subparagraph (A). 
SEC. 40104. UTILITY DEMAND RESPONSE. 
(a) CONSIDERATION OF DEMAND-RESPONSE STAND-
ARD.— 
(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 fol-
lowing: 
‘‘(20) DEMAND-RESPONSE PRACTICES.—
1327 
† HR 3684 EAS 
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 consider-
ation under section 111, or set a hearing date for con-
sideration, with respect to the standard established by 
paragraph (20) of section 111(d). 
‘‘(B) Not later than 2 years after the date of en-
actment of this paragraph, each State regulatory au-
thority (with respect to each electric utility for which 
the State has ratemaking authority), and each non-
regulated electric utility shall complete the consider-
ation 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
1328 
† HR 3684 EAS 
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 fol-
lowing: ‘‘In the case of the standard es-
tablished 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 ref-
erence to the date of enactment of that 
paragraph (20).’’. 
(ii) TECHNICAL
CORRECTION.—Para-
graph (2) of section 1254(b) of the Energy 
Policy Act of 2005 (Public Law 109–58; 
119 Stat. 971) is repealed and the amend-
ment 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
1329 
† HR 3684 EAS 
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 add-
ing 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 con-
ducted 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 imple-
mentation of the standard (or a comparable stand-
ard) 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—
1330 
† HR 3684 EAS 
(I) by striking ‘‘this subsection’’ 
each place it appears and inserting 
‘‘this section’’; and 
(II) by adding at the end the fol-
lowing: ‘‘In the case of the standard es-
tablished 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 para-
graph (20).’’. 
(b) OPTIONAL FEATURES OF STATE ENERGY CON-
SERVATION 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 para-
graph (18); and 
(3) by inserting after paragraph (16) the fol-
lowing: 
‘‘(17) programs that promote the installation 
and use of demand-response technology and demand- 
response practices; and’’.
1331 
† HR 3684 EAS 
(c) FEDERAL ENERGY MANAGEMENT PROGRAM.—Sec-
tion 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 de-
mand-response technology and the use of de-
mand-response practices in Federal build-
ings.’’. 
(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.
1332 
† HR 3684 EAS 
17082(d)) is amended by inserting ‘‘(including demand-re-
sponse technologies, practices, and policies)’’ after ‘‘poli-
cies’’. 
SEC. 40105. SITING OF INTERSTATE ELECTRIC TRANS-
MISSION 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 Sec-
retary, after’’; and 
(B) by striking ‘‘affected States’’ and all 
that follows through the period at the end and 
inserting the following: ‘‘affected States and In-
dian Tribes), shall issue a report, based on the 
study under paragraph (1) or other information 
relating to electric transmission capacity con-
straints and congestion, which may designate as
1333 
† HR 3684 EAS 
a national interest electric transmission corridor 
any geographic area that— 
‘‘(i) is experiencing electric energy 
transmission capacity constraints or conges-
tion that adversely affects consumers; or 
‘‘(ii) is expected to experience such en-
ergy transmission capacity constraints or 
congestion.’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘The Secretary shall con-
duct the study and issue the report in consulta-
tion’’ 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:
1334 
† HR 3684 EAS 
‘‘(F) the designation would enhance the ability of 
facilities that generate or transmit firm or intermit-
tent energy to connect to the electric grid; 
‘‘(G) the designation— 
‘‘(i) maximizes existing rights-of-way; and 
‘‘(ii) avoids and minimizes, to the max-
imum extent practicable, and offsets to the extent 
appropriate and practicable, sensitive environ-
mental 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 bene-
fits’’; and 
(B) by striking subparagraph (C) and in-
serting 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 appli-
cable law by the date that is 1 year after the 
later of—
1335 
† HR 3684 EAS 
‘‘(I) the date on which the application 
was filed; and 
‘‘(II) the date on which the relevant 
national interest electric transmission cor-
ridor was designated by the Secretary under 
subsection (a); 
‘‘(ii) has conditioned its approval in such a 
manner that the proposed construction or modi-
fication will not significantly reduce trans-
mission capacity constraints or congestion in 
interstate commerce or is not economically fea-
sible; or 
‘‘(iii) has denied an application seeking ap-
proval 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 fa-
cilities 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—
1336 
† HR 3684 EAS 
(1) in paragraph (2), by striking ‘‘may’’ and in-
serting ‘‘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 Sec-
retary 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 Sec-
retary 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—
1337 
† HR 3684 EAS 
(A) 1,000 megawatts; or 
(B) in the case of a project that consists of 
upgrading an existing transmission line or con-
structing a new transmission line in an existing 
transmission, transportation, or telecommuni-
cations infrastructure corridor, 500 megawatts. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity seeking to carry out an eligible 
project. 
(4) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means a project (including any related facil-
ity)— 
(A) to construct a new or replace an exist-
ing 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 tele-
communications infrastructure corridor located 
in Alaska, Hawaii, or a territory of the United 
States. 
(5) FUND.—The term ‘‘Fund’’ means the Trans-
mission Facilitation Fund established by subsection 
(d)(1).
1338 
† HR 3684 EAS 
(6) PROGRAM.—The term ‘‘program’’ means the 
Transmission Facilitation Program established by 
subsection (b). 
(7) RELATED FACILITY.— 
(A) IN GENERAL.—The term ‘‘related facil-
ity’’ means a facility related to an eligible 
project described in paragraph (4). 
(B) EXCLUSIONS.—The term ‘‘related facil-
ity’’ does not include— 
(i) facilities used primarily to generate 
electric energy; or 
(ii) facilities used in the local distribu-
tion 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 Sec-
retary may require.
1339 
† HR 3684 EAS 
(2) PROCEDURES.—The Secretary shall establish 
procedures for the solicitation and review of applica-
tions 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, in-
cluding— 
(i) costs recovered pursuant to para-
graph (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);
1340 
† HR 3684 EAS 
(B) all amounts borrowed from the Sec-
retary of the Treasury by the Secretary for the 
program under paragraph (2); and 
(C) any amounts appropriated to the Sec-
retary 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 re-
quired for the purpose of carrying out the program, 
not to exceed, in the aggregate (including deferred in-
terest), $2,500,000,000 in outstanding repayable bal-
ances at any 1 time. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary 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
1341 
† HR 3684 EAS 
activities carried out by the Secretary under sub-
section (e)(1) shall be collected— 
(i) from eligible entities receiving the 
benefit of the applicable facilitation activ-
ity, on a schedule to be determined by the 
Secretary; or 
(ii) with respect to a contracted trans-
mission capacity under subsection (e)(1)(A) 
through rates charged for the use of the con-
tracted 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 ca-
pacity 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
1342 
† HR 3684 EAS 
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 trans-
mission 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 eligi-
ble 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 car-
rying out an eligible project; or 
(C) subject to subsections (h) and (i), par-
ticipate with an eligible entity in designing, de-
veloping, 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—
1344 
† HR 3684 EAS 
specific to each applicant, including, as applica-
ble— 
(i) potential review by a State regu-
latory entity of the revenue requirement of 
an electric utility; and 
(ii) the financial model of an inde-
pendent 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 ap-
plicable 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 ca-
pacity contract. 
(B) RETURN.—Subject to subparagraph 
(D), the Secretary shall seek to ensure that any 
contract entered into under subparagraph (A)
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† HR 3684 EAS 
maximizes the financial return to the Federal 
Government. 
(C) COMPETITIVE SOLICITATION.—The Sec-
retary shall only select third parties for contracts 
under this paragraph through a competitive so-
licitation. 
(D) REQUIREMENT.—The marketing of ca-
pacity pursuant to this subsection, including 
any marketing by a third party under subpara-
graph (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 prac-
ticable after determining that sufficient trans-
mission capacity of the eligible project has been 
secured by other entities to ensure the long-term 
financial viability of the eligible project, includ-
ing through 1 or more transfers under subpara-
graph (B). 
(B) TRANSFER.—On payment to the Sec-
retary by a third party for transmission capac-
ity to which the Secretary has rights under a ca-
pacity contract, the Secretary may transfer the
1346 
† HR 3684 EAS 
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 re-
maining costs incurred by the Secretary with re-
spect 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)
1347 
† HR 3684 EAS 
shall be considered a form of financial assistance de-
scribed in section 1508.1(q)(1)(vii) of title 40, Code of 
Federal Regulations (as in effect on the date of enact-
ment of this Act). 
(8) TRANSMISSION PLANNING REGION CONSULTA-
TION.—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 Sec-
retary 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 na-
tional interest electric transmission corridor pursuant
1348 
† HR 3684 EAS 
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 oper-
ation of the transmission grid; 
(3) will be operated in conformance with pru-
dent utility practices; 
(4) will be operated in conformance with the 
rules of— 
(A) a Transmission Organization (as de-
fined 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 facili-
tate 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 con-
structed in as timely a manner or with as much
1349 
† HR 3684 EAS 
transmission capacity in the absence of facilitation 
under this section, including with respect to an eligi-
ble 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 applica-
ble— 
(A) to recover the cost of a capacity contract 
entered into under subsection (e)(1)(A); 
(B) to repay a loan provided under sub-
section (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 EF-
FECTS.— 
(1) PARTICIPATION.—The Secretary may permit 
other entities to participate in the financing, con-
struction, and ownership of eligible projects facilitated 
under this section. 
(2) OPERATIONS AND MAINTENANCE.—Facilita-
tion 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.
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† HR 3684 EAS 
(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 trans-
mission facilities. 
(4) EFFECT ON ANCILLARY SERVICES AUTHORITY 
AND OBLIGATIONS.—Nothing in this section confers 
on the Secretary or any Federal power marketing ad-
ministration 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 ADMINIS-
TRATION
PROJECTS.—Nothing in this section af-
fects— 
(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 West-
ern Power Administration under that section. 
(6) THIRD-PARTY FINANCE.—Nothing in this sec-
tion precludes an eligible project facilitated under this
1351 
† HR 3684 EAS 
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 max-
imum extent practicable— 
(A) use technology that enhances the capac-
ity, efficiency, resiliency, or reliability of an 
electric power transmission system, including— 
(i) reconductoring of an existing elec-
tric 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 reli-
ability of an electric power transmission system;
1352 
† HR 3684 EAS 
(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 Inde-
pendence 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 In-
frastructure Investment and Jobs Act’’; 
(B) by redesignating paragraph (9) as 
paragraph (14); and 
(C) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) In the case of data analytics that enable 
software to engage in Smart Grid functions, the docu-
mented purchase costs of the data analytics. 
‘‘(10) In the case of buildings, the documented 
expenses for devices and software, including for in-
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† HR 3684 EAS 
stallation, that allow buildings to engage in demand 
flexibility or Smart Grid functions. 
‘‘(11) In the case of utility communications, 
operational fiber and wireless broadband communica-
tions networks to enable data flow between distribu-
tion system components. 
‘‘(12) In the case of advanced transmission tech-
nologies such as dynamic line rating, flow control de-
vices, advanced conductors, network topology optimi-
zation, 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 fol-
lowing: 
‘‘(9) The ability to use data analytics and soft-
ware-as-service to provide flexibility by improving the
1354 
† HR 3684 EAS 
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 as-
sociated protocols applied to existing transmission fa-
cilities to increase the operational transfer capacity of 
a transmission network. 
‘‘(13) The ability to anticipate and mitigate im-
pacts 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 de-
mand 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
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† HR 3684 EAS 
the Smart Grid Investment Matching Grant Program estab-
lished 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 Con-
gress’’ 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 insert-
ing ‘‘; and’’;
1356 
† HR 3684 EAS 
(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 nu-
merical order; 
(3) by moving paragraphs (1) through (8) of sec-
tion 366 (as so redesignated) so as to appear after 
subsection (c) of section 361 (as designated by para-
graph (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 sec-
tion 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 se-
curity plan described in subsection (b). 
‘‘(b) FINANCIAL ASSISTANCE FOR STATE ENERGY SE-
CURITY PLANS.—Federal financial assistance made avail-
able to a State under this part may be used for the develop-
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† HR 3684 EAS 
‘‘(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 Gov-
ernor of a State, the Secretary, in consultation with the 
Secretary of Homeland Security, may provide information, 
technical assistance, and other assistance in the develop-
ment, implementation, or revision of a State energy secu-
rity plan. 
‘‘(g) REQUIREMENT.—Each State receiving Federal fi-
nancial 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—
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† HR 3684 EAS 
‘‘(1) to supplement, and not to supplant, State 
and local funds; and 
‘‘(2) to the maximum extent practicable, to in-
crease the amount of State and local funds that other-
wise 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 pursu-
ant to this section the disclosure of which the Secretary rea-
sonably foresees could be detrimental to the physical secu-
rity or cybersecurity of any electric utility or the bulk- 
power system— 
‘‘(1) shall be exempt from disclosure under sec-
tion 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, po-
litical subdivision of a State, or Tribal law, respec-
tively, requiring public disclosure of information or 
records. 
‘‘(i) SUNSET.—The requirements of this section shall 
expire on October 31, 2025.’’.
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† HR 3684 EAS 
(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 Con-
servation Act (42 U.S.C. 6323) is amended— 
(A) by striking subsection (e); and 
(B) by redesignating subsection (f) as sub-
section (e). 
(3) Section 451(i)(3) of the Energy Conservation 
and Production Act (42 U.S.C. 6881(i)(3)) is amend-
ed by striking ‘‘prescribed for such terms in section 
366 of the Federal Energy Policy and Conservation
1362 
† HR 3684 EAS 
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 sup-
port transmission and distribution planning, includ-
ing— 
‘‘(A) support for local governments and In-
dian 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:
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† HR 3684 EAS 
‘‘(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 vehi-
cles, fleet vehicles, taxis and ridesharing services, 
mass transit, school buses, ferries, and privately 
owned passenger and medium- and heavy-duty vehi-
cles;’’. 
(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 ap-
propriated 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 ac-
cordance with the applicable distribution for-
mula in effect on January 1, 2021; and 
‘‘(B) shall not be subject to the matching re-
quirement described in the first proviso of the 
matter under the heading ‘ENERGY CONSERVA-
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† HR 3684 EAS 
TION’ 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 TRANS-
MISSION BORROWING AUTHORITY. 
(a) BORROWING AUTHORITY.— 
(1) IN GENERAL.—Subject to paragraph (2), for 
the purposes of providing funds to assist in the fi-
nancing of the construction, acquisition, and replace-
ment 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 Pa-
cific Northwest Electric Power Planning and Con-
servation 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 Trans-
mission 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.—
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† HR 3684 EAS 
the Administrator through periodic program reviews; 
and 
(2) to the maximum extent practicable, imple-
ment those policies that would be expected to be con-
sistent with the lowest possible power and trans-
mission rates consistent with sound business prin-
ciples. 
(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 SEC-
TORS. 
(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 ap-
plications. 
(b) PURPOSES.—The purposes of the study conducted 
under subsection (a) shall be—
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† HR 3684 EAS 
(1) to identify barriers, foster collaboration, and 
increase conformity across sectors relating to— 
(A) use of emerging energy storage tech-
nologies; and 
(B) use cases, such as vehicle-to-grid inte-
gration; 
(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 re-
garding— 
(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 Con-
gress a report describing the results of the study conducted 
under subsection (a).
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† HR 3684 EAS 
SEC. 40112. DEMONSTRATION OF ELECTRIC VEHICLE BAT-
TERY 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 insert-
ing the following: ‘‘including— 
‘‘(A) at’’; and 
(C) by adding at the end the following: 
‘‘(B) 1 project to demonstrate second-life ap-
plications of electric vehicle batteries as aggre-
gated 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 fol-
lowing: 
‘‘(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
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† HR 3684 EAS 
demonstrate second-life applications of electric 
vehicle batteries as aggregated energy storage in-
stallations 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 dem-
onstrated under the program; 
‘‘(ii) to demonstrate the ability of elec-
tric 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 elec-
tric 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 ap-
plications of electric vehicle batteries by 
utilities.
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† HR 3684 EAS 
‘‘(C) PRIORITY.—In selecting a project to 
carry out under subparagraph (A), the Secretary 
shall give priority to projects in which the dem-
onstration of the applicable second-life applica-
tions is paired with 1 or more facilities that 
could particularly benefit from increased resil-
iency 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 
‘‘Adminis-
trator’’ means the Administrator of the Bonneville 
Power Administration. 
(3) CANADIAN ENTITLEMENT.—The term ‘‘Cana-
dian Entitlement’’ means the downstream power ben-
efits 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.—
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(1) ESTABLISHMENT.—There is established in 
the Treasury an account for the purposes of making 
expenditures to increase bilateral transfers of renew-
able electric generation between the western United 
States and Canada. 
(2) CRITERIA.— 
(A) IN GENERAL.—The Administrator may 
make expenditures from the Account for activi-
ties to improve electric power system coordina-
tion by constructing electric power transmission 
facilities within the western United States that 
directly or indirectly facilitate non-carbon emit-
ting electric power transactions between the west-
ern 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 organi-
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† HR 3684 EAS 
zations in considering the construction of trans-
mission 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 Cana-
dian Entitlement during the 5-year period preceding 
the date of enactment of this Act. 
(c) INCREASED HYDROELECTRIC CAPACITY.— 
(1) IN
GENERAL.—The Commissioner of Rec-
lamation shall rehabilitate and enhance the John W. 
Keys III Pump Generating Plant— 
(A) to replace obsolete equipment; 
(B) to maintain reliability and improve ef-
ficiency in system performance and operation; 
(C) to create more hydroelectric power ca-
pacity 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.
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(d) POWER COORDINATION STUDY.— 
(1) IN GENERAL.—The Administrator shall con-
duct 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 North-
west electricity supply; 
(B) potential reductions in greenhouse gas 
emissions; 
(C) any potential need to increase trans-
mission capacity; and 
(D) any other factor the Administrator con-
siders to be relevant for increasing bilateral co-
ordination. 
(3) COORDINATION.—In conducting the study 
under paragraph (1), the Administrator shall coordi-
nate, to the extent practicable, with— 
(A) the British Columbia or a crown cor-
poration owned by British Columbia; 
(B) the Assistant Secretary; 
(C) the Commissioner of Reclamation; and
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† HR 3684 EAS 
(D) any public utility districts that operate 
hydroelectric projects on the mainstem of the Co-
lumbia 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
RELI-
ABILITY ORGANIZATION.—The terms ‘‘bulk-power sys-
tem’’ and ‘‘Electric Reliability Organization’’ has the 
meaning given the terms in section 215(a) of the Fed-
eral Power Act (16 U.S.C. 824o(a)). 
(2) ELECTRIC UTILITY; STATE REGULATORY AU-
THORITY.—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
UTILI-
TIES.—
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† HR 3684 EAS 
(1) ESTABLISHMENT.—The Secretary, in coordi-
nation 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 stake-
holders, and the Electric Reliability Organization, 
shall carry out a program— 
(A) to develop, and provide for voluntary 
implementation of, maturity models, self-assess-
ments, and auditing methods for assessing the 
physical security and cybersecurity of electric 
utilities; 
(B) to assist with threat assessment and cy-
bersecurity training for electric utilities; 
(C) to provide technical assistance for elec-
tric 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 elec-
tric sector; and
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† HR 3684 EAS 
(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 en-
gineering reviews of critical functions and oper-
ations at both the utility and defense infrastruc-
ture levels— 
(i) to identify unprotected avenues for 
cyber-enabled sabotage that would have cat-
astrophic effects to national security; and 
(ii) to recommend and implement engi-
neering protections to ensure continued op-
erations 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 utili-
ties; and 
(ii) the regions that electric utilities 
serve; 
(B) prioritize electric utilities with fewer 
available resources due to size or region; and
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† HR 3684 EAS 
(C) to the maximum extent practicable, use 
and leverage— 
(i) existing Department and Depart-
ment 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 enact-
ment 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—
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† HR 3684 EAS 
(A) an estimate of potential costs and bene-
fits of the implementation; and 
(B) an assessment of any public-private 
cost-sharing opportunities. 
(d) PROTECTION OF INFORMATION.—Information pro-
vided to, or collected by, the Federal Government pursuant 
to this section the disclosure of which the Secretary reason-
ably 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, po-
litical subdivision of a State, or Tribal law, respec-
tively, 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 sec-
tion 215(a) of the Federal Power Act (16 U.S.C. 
824o(a)).
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† HR 3684 EAS 
(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 consulta-
tion 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 sub-
section (b), the Secretary, in coordination with the Sec-
retary 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 prod-
ucts relating to industrial control systems and oper-
ational technologies, such as supervisory control and 
data acquisition systems; 
(2) for products and technologies tested under the 
program, establish and maintain cybersecurity vul-
nerability reporting processes and a related database 
that are integrated with Federal vulnerability coordi-
nation processes;
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† HR 3684 EAS 
(3) provide technical assistance to electric utili-
ties, product manufacturers, and other energy sector 
stakeholders to develop solutions to mitigate identified 
cybersecurity vulnerabilities in products and tech-
nologies 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 anal-
ysis 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 com-
ments from, the public prior to establishing or revis-
ing the testing process under the program; 
(7) oversee the testing of products and tech-
nologies 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 pro-
vided to, or collected by, the Federal Government pursuant
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† HR 3684 EAS 
to this section the disclosure of which the Secretary reason-
ably foresees could be detrimental to the physical security 
or cybersecurity of any component of the energy sector, in-
cluding 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, po-
litical subdivision of a State, or Tribal law, respec-
tively, 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 insert-
ing after section 219 (16 U.S.C. 824s) the following: 
‘‘SEC. 219A. INCENTIVES FOR CYBERSECURITY INVEST-
MENTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADVANCED CYBERSECURITY TECHNOLOGY.— 
The term ‘advanced cybersecurity technology’ means
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† HR 3684 EAS 
any technology, operational capability, or service, in-
cluding computer hardware, software, or a related 
asset, that enhances the security posture of public 
utilities through improvements in the ability to pro-
tect against, detect, respond to, or recover from a cy-
bersecurity 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 ad-
vanced 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 consulta-
tion with the Secretary of Energy, the North American 
Electric Reliability Corporation, the Electricity Subsector 
Coordinating Council, and the National Association of Reg-
ulatory 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—
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† HR 3684 EAS 
‘‘(1) investment by public utilities in advanced 
cybersecurity technology; and 
‘‘(2) participation by public utilities in cyberse-
curity threat information sharing programs. 
‘‘(c) INCENTIVE-BASED RATE TREATMENT.—Not later 
than 1 year after the completion of the study under sub-
section (b), the Commission shall establish, by rule, incen-
tive-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 cyberse-
curity 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 in-
formation sharing program costs will reduce cybersecurity 
risks to— 
‘‘(1) defense critical electric infrastructure (as 
defined in section 215A(a)) and other facilities subject
1384 
† HR 3684 EAS 
to the jurisdiction of the Commission that are critical 
to public safety, national defense, or homeland secu-
rity, as determined by the Commission in consulta-
tion 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 deter-
mined by the Commission. 
‘‘(e) RATEPAYER PROTECTION.— 
‘‘(1) IN GENERAL.—Any rate approved under a 
rule issued pursuant to this section, including any re-
visions to that rule, shall be subject to the require-
ments 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 pre-
clude rate treatments that allow unjust and unreason-
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† HR 3684 EAS 
able double recovery for advanced cybersecurity tech-
nology. 
‘‘(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 tar-
iff schedule under section 205 that permits recovery of costs 
and incentives over the depreciable life of the applicable as-
sets, without regard to changes in receipts or other costs 
of the public utility. 
‘‘(g) PROTECTION OF INFORMATION.—Advanced cyber-
security technology information that is provided to, gen-
erated 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 CY-
BERSECURITY GRANT AND TECHNICAL AS-
SISTANCE PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED CYBERSECURITY TECHNOLOGY.— 
The term ‘‘advanced cybersecurity technology’’ means 
any technology, operational capability, or service, in-
cluding computer hardware, software, or a related 
asset, that enhances the security posture of electric 
utilities through improvements in the ability to pro-
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† HR 3684 EAS 
tect against, detect, respond to, or recover from a cy-
bersecurity 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 sec-
tion 215(a) of the Federal Power Act (16 U.S.C. 
824o(a)). 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a rural electric cooperative; 
(B) a utility owned by a political subdivi-
sion of a State, such as a municipally owned 
electric utility; 
(C) a utility owned by any agency, author-
ity, corporation, or instrumentality of 1 or more 
political subdivisions of a State; 
(D) a not-for-profit entity that is in a part-
nership 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 elec-
tricity per year. 
(4) PROGRAM.—The term ‘‘Program’’ means the 
Rural and Municipal Utility Advanced Cybersecurity
1387 
† HR 3684 EAS 
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 coordina-
tion with the Secretary of Homeland Security and in con-
sultation with the Federal Energy Regulatory Commission, 
the North American Electric Reliability Corporation, and 
the Electricity Subsector Coordinating Council, shall estab-
lish a program, to be known as the ‘‘Rural and Municipal 
Utility Advanced Cybersecurity Grant and Technical As-
sistance Program’’, to provide grants and technical assist-
ance 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 enti-
ties in cybersecurity threat information sharing pro-
grams. 
(d) AWARDS.— 
(1) IN GENERAL.—The Secretary—
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† HR 3684 EAS 
(A) shall award grants and provide tech-
nical assistance under the Program to eligible 
entities on a competitive basis; 
(B) shall develop criteria and a formula for 
awarding grants and providing technical assist-
ance under the Program; 
(C) may enter into cooperative agreements 
with eligible entities that can facilitate the objec-
tives 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 AS-
SISTANCE.—In awarding grants and providing tech-
nical assistance under the Program, the Secretary 
shall give priority to an eligible entity that, as deter-
mined 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 infrastruc-
ture (as defined in section 215A(a) of the Fed-
eral Power Act (16 U.S.C. 824o–1(a))).
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† HR 3684 EAS 
(e) PROTECTION OF INFORMATION.—Information pro-
vided to, or collected by, the Federal Government pursuant 
to this section the disclosure of which the Secretary reason-
ably 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, po-
litical subdivision of a State, or Tribal law, respec-
tively, 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 util-
ity’’ 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.
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† HR 3684 EAS 
(b) CYBERSECURITY FOR THE ENERGY SECTOR RE-
SEARCH, DEVELOPMENT, 
AND
DEMONSTRATION
PRO-
GRAM.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion 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 asso-
ciated states, and other stakeholders, shall develop and 
carry out a program— 
(A) to develop advanced cybersecurity ap-
plications and technologies for the energy sec-
tor— 
(i) 
to 
identify 
and 
mitigate 
vulnerabilities, including— 
(I) dependencies on other critical 
infrastructure; 
(II) impacts from weather and 
fuel supply; 
(III) increased dependence on in-
verter-based technologies; and 
(IV) 
vulnerabilities 
from 
unpatched hardware and software sys-
tems; and
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† HR 3684 EAS 
(ii) to advance the security of field de-
vices and third-party control systems, in-
cluding— 
(I) systems for generation, trans-
mission, 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 se-
curity solutions; 
(B) to leverage electric grid architecture as 
a means to assess risks to the energy sector, in-
cluding by implementing an all-hazards ap-
proach to communications infrastructure, control 
systems architecture, and power systems archi-
tecture; 
(C) to perform pilot demonstration projects 
with the energy sector to gain experience with 
new technologies;
1392 
† HR 3684 EAS 
(D) to develop workforce development cur-
ricula for energy sector-related cybersecurity; 
and 
(E) to develop improved supply chain con-
cepts for secure design of emerging digital com-
ponents and power electronics. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary 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 Labora-
tories, and private industry; 
(B) to expand cooperation of the Depart-
ment with the intelligence community for energy 
sector-related threat collection and analysis;
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† HR 3684 EAS 
(C) to enhance the tools of the Department 
and E-ISAC for monitoring the status of the en-
ergy sector; 
(D) to expand industry participation in E- 
ISAC; and 
(E) to provide technical assistance to small 
electric utilities for purposes of assessing and im-
proving cybermaturity levels and addressing 
gaps identified in the assessment. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection $50,000,000 for the 
period of fiscal years 2022 through 2026. 
(d) MODELING AND ASSESSING ENERGY INFRASTRUC-
TURE RISK.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion 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 deliv-
ery networks. 
(2) SECURITY AND RESILIENCY OBJECTIVE.—The 
objective of the program developed under paragraph
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† HR 3684 EAS 
(1) is to increase the functional preservation of elec-
tric grid operations or natural gas and oil operations 
in the face of natural and human-made threats and 
hazards, including electric magnetic pulse and geo-
magnetic disturbances. 
(3) ELIGIBLE ACTIVITIES.—In carrying out the 
program developed under paragraph (1), the Sec-
retary may— 
(A) 
develop 
capabilities 
to 
identify 
vulnerabilities and critical components that pose 
major risks to grid security if destroyed or im-
paired; 
(B) provide modeling at the national level 
to predict impacts from natural or human-made 
events; 
(C) add physical security to the cybersecu-
rity maturity model; 
(D) conduct exercises and assessments to 
identify and mitigate vulnerabilities to the elec-
tric grid, including providing mitigation rec-
ommendations; 
(E) conduct research on hardening solutions 
for critical components of the electric grid;
1395 
† HR 3684 EAS 
(F) conduct research on mitigation and re-
covery solutions for critical components of the 
electric grid; and 
(G) provide technical assistance to States 
and other entities for standards and risk anal-
ysis. 
(4) SAVINGS PROVISION.—Nothing in this section 
authorizes new regulatory requirements. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary 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 cybersecu-
rity plan that demonstrates the cybersecurity matu-
rity 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 im-
proving cybersecurity throughout the life of the pro-
posed solution of the project.
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† HR 3684 EAS 
(b) CONTENTS OF CYBERSECURITY PLAN.—A cyberse-
curity plan described in subsection (a) shall, at a min-
imum, describe how the recipient described in that sub-
section— 
(1) plans to maintain cybersecurity between net-
works, systems, devices, applications, or compo-
nents— 
(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 cybersecu-
rity risks to address issues as the issues arise through-
out 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 pro-
grams of the Department, including cyber vulner-
ability 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—
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† HR 3684 EAS 
(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 In-
stitute 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 devi-
ation necessary. 
(d) COORDINATION.—The Office of Cybersecurity, En-
ergy Security, and Emergency Response of the Department 
shall review each cybersecurity plan submitted under sub-
section (a) to ensure integration with Department research, 
development, and demonstration programs. 
(e) PROTECTION OF INFORMATION.—Information pro-
vided to, or collected by, the Federal Government pursuant 
to this section the disclosure of which the Secretary reason-
ably 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
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(2) shall not be made available by any Federal 
agency, State, political subdivision of a State, or 
Tribal authority pursuant to any Federal, State, po-
litical subdivision of a State, or Tribal law, respec-
tively, 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 author-
ity provided to the Secretary of Homeland Security and 
the Director of the Cybersecurity and Infrastructure Secu-
rity 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 sec-
tion, 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’’).
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(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 Sur-
vey by— 
(1) providing integrated topographic, geologic, 
geochemical, and geophysical mapping; 
(2) accelerating the integration and consolida-
tion 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 geo-
logical surveys. 
(2) EFFECT.—Nothing in paragraph (1) pre-
cludes 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.
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(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 con-
taining mine waste to increase understanding of 
above-ground critical mineral resources in pre-
viously disturbed areas; and 
(B) provide for analysis of samples, includ-
ing samples within the National Geological and 
Geophysical Data Preservation Program estab-
lished under section 351(b) of the Energy Policy 
Act of 2005 (42 U.S.C. 15908(b)) for the occur-
rence of critical minerals. 
(f) AVAILABILITY.—The Initiative shall make the 
geospatial data and metadata gathered by the Initiative
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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 pro-
viding 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.
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SEC. 40202. NATIONAL COOPERATIVE GEOLOGIC MAPPING 
PROGRAM. 
(a) IN GENERAL.—Section 4(d) of the National Geo-
logic 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 com-
ponent described in subparagraph (A), the pri-
ority 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 re-
sources.’’. 
(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 insert-
ing ‘‘2031’’.
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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 FA-
CILITY. 
(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 min-
erals research and appurtenant associated structures. 
(b) OWNERSHIP.—The United States Geological Sur-
vey shall retain ownership of the facility and associated 
structures described in subsection (a).