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‘‘(ii) PRIORITY LAND.—The term ‘pri-
ority land’ means National Forest System 
land that, due to an unplanned event— 
‘‘(I) does not meet the conditions 
for appropriate forest cover described 
in paragraph (1); 
‘‘(II) 
requires 
reforestation 
to 
meet the objectives of an applicable 
land management plan; and 
‘‘(III) is unlikely to experience 
natural regeneration without assist-
ance. 
‘‘(iii) REFORESTATION.—The term ‘re-
forestation’ means the act of renewing tree 
cover, taking into consideration species com-
position and resilience, by establishing 
young trees through— 
‘‘(I) natural regeneration; 
‘‘(II) natural regeneration with 
site preparation; or 
‘‘(III) planting or direct seeding. 
‘‘(iv) SECRETARY.—The term ‘Sec-
retary’ means the Secretary, acting through 
the Chief of the Forest Service. 
‘‘(v) UNPLANNED EVENT.—
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‘‘(I) IN GENERAL.—The term ‘un-
planned event’ means any unplanned 
disturbance that— 
‘‘(aa) disrupts ecosystem or 
forest structure or composition; or 
‘‘(bb) changes resources, sub-
strate availability, or the physical 
environment. 
‘‘(II) INCLUSIONS.—The term ‘un-
planned event’ may include— 
‘‘(aa) a wildfire; 
‘‘(bb) an infestation of in-
sects or disease; 
‘‘(cc) a weather event; and 
‘‘(dd) animal damage. 
‘‘(B) REQUIREMENT.—Each reforestation 
activity under this section shall be carried out in 
accordance with applicable Forest Service man-
agement practices and definitions, including 
definitions relating to silvicultural practices and 
forest management. 
‘‘(C) REFORESTATION PRIORITY.— 
‘‘(i) IN
GENERAL.—In carrying out 
this subsection, the Secretary shall give pri-
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† HR 3684 EAS 
ority to projects on the priority list de-
scribed in clause (ii). 
‘‘(ii) PRIORITY LIST.— 
‘‘(I) IN GENERAL.—The Secretary 
shall, based on recommendations from 
regional foresters, create a priority list 
of reforestation projects that— 
‘‘(aa) primarily take place 
on priority land; 
‘‘(bb) promote effective refor-
estation 
following 
unplanned 
events; and 
‘‘(cc) may include activities 
to ensure adequate and appro-
priate seed availability. 
‘‘(II) RANKING.—The Secretary 
shall rank projects on the priority list 
under subclause (I) based on— 
‘‘(aa) documentation of an 
effective reforestation project plan; 
‘‘(bb) the ability to measure 
the progress and success of the 
project; and 
‘‘(cc) the ability of a project 
to provide benefits relating to for-
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† HR 3684 EAS 
est function and health, soil health 
and productivity, wildlife habitat, 
improved air and water quality, 
carbon sequestration potential, re-
silience, job creation, and en-
hanced 
recreational 
opportuni-
ties.’’. 
(B) CONFORMING AMENDMENT.—Section 9 
of the Cooperative Forestry Assistance Act of 
1978 (16 U.S.C. 2105) is amended, in the undes-
ignated matter following paragraph (5) of sub-
section (g)— 
(i) by striking ‘‘section 3(d)’’ and in-
serting ‘‘subsection (e) of section 3’’; and 
(ii) by striking ‘‘1601(d)’’ and insert-
ing ‘‘1601’’. 
(2) NATIONAL FOREST SYSTEM PROGRAM ELE-
MENTS.—Section 9 of the Forest and Rangeland Re-
newable Resources Planning Act of 1974 (16 U.S.C. 
1607) is amended, in the second sentence, by striking 
‘‘2000’’ and inserting ‘‘2030’’. 
(b) REFORESTATION TRUST FUND.—Section 303 of 
Public Law 96–451 (16 U.S.C. 1606a) is amended— 
(1) in subsection (b)— 
(A) by striking paragraph (2);
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† HR 3684 EAS 
(B) in paragraph (3)— 
(i) in the second sentence, by striking 
‘‘Proper adjustment’’ and inserting the fol-
lowing: 
‘‘(3) ADJUSTMENT OF ESTIMATES.—Proper ad-
justment’’; and 
(ii) by striking ‘‘(3) The amounts’’ and 
inserting the following: 
‘‘(2) FREQUENCY.—The amounts’’; and 
(C) by striking the subsection designation 
and all that follows through ‘‘the Secretary’’ in 
paragraph (1) and inserting the following: 
‘‘(b) TRANSFERS TO TRUST FUND.— 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(2) in subsection (d)(1)— 
(A) by striking ‘‘section 3(d)’’ and inserting 
‘‘subsection (e) of section 3’’; and 
(B) by striking ‘‘1601(d)’’ and inserting 
‘‘1601’’. 
SEC. 70303. REPORT. 
Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Secretary of Agri-
culture shall submit to the Committee on Agriculture, Nu-
trition, and Forestry of the Senate and the Committee on 
Agriculture of the House of Representatives, and make pub-
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† HR 3684 EAS 
licly available on the website of the Forest Service, a report 
that describes, with respect to the preceding year— 
(1) an evaluation of the degree to which the Sec-
retary has achieved compliance with the requirements 
contained in the amendments made by this title, in-
cluding, as a result of those amendments, the number 
of acres covered by reforestation projects that follow 
unplanned events (such as wildfires); 
(2) the total number of acres of land reforested 
under each authority of the Secretary under which re-
forestation projects have been carried out; 
(3) the number of acres of National Forest Sys-
tem land affected by, and the substance of reforest-
ation needs on that land resulting from, unplanned 
events; and 
(4) the number of acres in need of reforestation 
under subsection (e)(1) of section 3 of the Forest and 
Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1601). 
TITLE IV—RECYCLING 
PRACTICES 
SEC. 70401. BEST PRACTICES FOR BATTERY RECYCLING 
AND LABELING GUIDELINES. 
(a) DEFINITIONS.—In this section:
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(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) BATTERY.—The term ‘‘battery’’ means a de-
vice that— 
(A) consists of 1 or more electrochemical 
cells that are electrically connected; and 
(B) is designed to store and deliver electric 
energy. 
(3) RECYCLING.—The term ‘‘recycling’’ means 
the series of activities— 
(A) during which recyclable materials are 
processed into specification-grade commodities, 
and consumed as raw-material feedstock, in lieu 
of virgin materials, in the manufacturing of new 
products; 
(B) that may include collection, processing, 
and brokering; and 
(C) that result in subsequent consumption 
by a materials manufacturer, including for the 
manufacturing of new products. 
(b) BEST PRACTICES FOR COLLECTION OF BATTERIES 
TO BE RECYCLED.— 
(1) IN GENERAL.—The Administrator shall de-
velop best practices that may be implemented by
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† HR 3684 EAS 
State, Tribal, and local governments with respect to 
the collection of batteries to be recycled in a manner 
that— 
(A) to the maximum extent practicable, is 
technically and economically feasible for State, 
Tribal, and local governments; 
(B) is environmentally sound and safe for 
waste management workers; and 
(C) optimizes the value and use of material 
derived from recycling of batteries. 
(2) CONSULTATION.—The Administrator shall 
develop the best practices described in paragraph (1) 
in coordination with State, Tribal, and local govern-
ments and relevant nongovernmental and private sec-
tor entities. 
(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Administrator shall 
submit to Congress a report describing the best prac-
tices developed under paragraph (1). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Admin-
istrator to carry out this subsection $10,000,000 for 
fiscal year 2022, to remain available until September 
30, 2026. 
(c) VOLUNTARY LABELING GUIDELINES.—
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(1) IN GENERAL.—There is established within 
the Environmental Protection Agency a program (re-
ferred to in this subsection as the ‘‘program’’) to pro-
mote battery recycling through the development of— 
(A) voluntary labeling guidelines for bat-
teries; and 
(B) other forms of communication materials 
for battery producers and consumers about the 
reuse and recycling of critical materials from 
batteries. 
(2) PURPOSES.—The purposes of the program 
are to improve battery collection and reduce battery 
waste, including by— 
(A) identifying battery collection locations 
and increasing accessibility to those locations; 
(B) promoting consumer education about 
battery collection and recycling; and 
(C) reducing safety concerns relating to the 
improper disposal of batteries. 
(3) OTHER STANDARDS AND LAW.—The Admin-
istrator shall make every reasonable effort to ensure 
that voluntary labeling guidelines and other forms of 
communication materials developed under the pro-
gram are consistent with—
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† HR 3684 EAS 
(A) international battery labeling stand-
ards; and 
(B) the Mercury-Containing and Recharge-
able Battery Management Act (42 U.S.C. 14301 
et seq.). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Admin-
istrator to carry out this subsection $15,000,000 for 
fiscal year 2022, to remain available until September 
30, 2026. 
SEC. 70402. CONSUMER RECYCLING EDUCATION AND OUT-
REACH GRANT PROGRAM; FEDERAL PRO-
CUREMENT. 
(a) DEFINITION OF ADMINISTRATOR.—In this section, 
the term ‘‘Administrator’’ means the Administrator of the 
Environmental Protection Agency. 
(b) CONSUMER RECYCLING EDUCATION
AND OUT-
REACH GRANT PROGRAM.— 
(1) IN GENERAL.—The Administrator shall es-
tablish a program (referred to in this subsection as 
the ‘‘grant program’’) to award competitive grants to 
eligible entities to improve the effectiveness of residen-
tial and community recycling programs through pub-
lic education and outreach.
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(2) CRITERIA.—The Administrator shall award 
grants under the grant program for projects that, by 
using one or more eligible activities described in 
paragraph (5)— 
(A) inform the public about residential or 
community recycling programs; 
(B) provide information about the recycled 
materials that are accepted as part of a residen-
tial or community recycling program that pro-
vides for the separate collection of residential 
solid waste from recycled material; and 
(C) increase collection rates and decrease 
contamination in residential and community re-
cycling programs. 
(3) ELIGIBLE ENTITIES.— 
(A) IN GENERAL.—An entity that is eligible 
to receive a grant under the grant program is— 
(i) a State; 
(ii) a unit of local government; 
(iii) an Indian Tribe (as defined in 
section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
5304)); 
(iv) a Native Hawaiian organization 
(as defined in section 6207 of the Elemen-
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† HR 3684 EAS 
tary and Secondary Education Act of 1965 
(20 U.S.C. 7517)); 
(v) the Department of Hawaiian Home 
Lands; 
(vi) the Office of Hawaiian Affairs; 
(vii) a nonprofit organization; or 
(viii) a public-private partnership. 
(B) COORDINATION
OF
ACTIVITIES.—2 or 
more entities described in subparagraph (A) may 
receive a grant under the grant program to co-
ordinate the provision of information to resi-
dents that may access 2 or more residential recy-
cling programs, including programs that accept 
different recycled materials, to provide to the 
residents 
information 
regarding 
differences 
among those residential recycling programs. 
(4) REQUIREMENT.— 
(A) IN GENERAL.—To receive a grant under 
the grant program, an eligible entity shall dem-
onstrate to the Administrator that the grant 
funds will be used to encourage the collection of 
recycled materials that are sold to an existing or 
developing market. 
(B) 
BUSINESS
PLANS
AND
FINANCIAL 
DATA.—
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† HR 3684 EAS 
(i) IN
GENERAL.—An eligible entity 
may make a demonstration under subpara-
graph (A) through the submission to the Ad-
ministrator of appropriate business plans 
and financial data. 
(ii) CONFIDENTIALITY.—The Adminis-
trator shall treat any business plans or fi-
nancial data received under clause (i) as 
confidential information. 
(5) ELIGIBLE
ACTIVITIES.—An eligible entity 
that receives a grant under the grant program may 
use the grant funds for activities including— 
(A) public service announcements; 
(B) a door-to-door education and outreach 
campaign; 
(C) social media and digital outreach; 
(D) an advertising campaign on recycling 
awareness; 
(E) the development and dissemination of— 
(i) a toolkit for a municipal and com-
mercial recycling program; 
(ii) information on the importance of 
quality in the recycling stream; 
(iii) information on the economic and 
environmental benefits of recycling; and
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† HR 3684 EAS 
(iv) information on what happens to 
materials after the materials are placed into 
a residential or community recycling pro-
gram; 
(F) businesses recycling outreach; 
(G) bin, cart, and other receptacle labeling 
and signs; and 
(H) such other activities that the Adminis-
trator determines are appropriate to carry out 
the purposes of this subsection. 
(6) PROHIBITION ON USE OF FUNDS.—No funds 
may be awarded under the grant program for a resi-
dential recycling program that— 
(A) does not provide for the separate collec-
tion of residential solid waste (as defined in sec-
tion 246.101 of title 40, Code of Federal Regula-
tions (as in effect on the date of enactment of 
this Act)) from recycled material (as defined in 
that section), unless the funds are used to pro-
mote a transition to a system that separately 
collects recycled materials; or 
(B) promotes the establishment of, or con-
version to, a residential collection system that 
does not provide for the separate collection of res-
idential solid waste from recycled material (as
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† HR 3684 EAS 
those terms are defined under subparagraph 
(A)). 
(7) MODEL RECYCLING PROGRAM TOOLKIT.— 
(A) IN
GENERAL.—In carrying out the 
grant program, the Administrator, in consulta-
tion with other relevant Federal agencies, States, 
Indian Tribes, units of local government, non-
profit organizations, and the private sector, shall 
develop a model recycling program toolkit for 
States, Indian Tribes, and units of local govern-
ment that includes, at a minimum— 
(i) a standardized set of terms and ex-
amples that may be used to describe mate-
rials that are accepted by a residential recy-
cling program; 
(ii) information that the Adminis-
trator determines can be widely applied 
across residential recycling programs, tak-
ing into consideration the differences in re-
cycled materials accepted by residential re-
cycling programs; 
(iii) educational principles on best 
practices for the collection and processing of 
recycled materials;
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† HR 3684 EAS 
(iv) a community self-assessment guide 
to identify gaps in existing recycling pro-
grams; 
(v) training modules that enable States 
and nonprofit organizations to provide tech-
nical assistance to units of local govern-
ment; 
(vi) access to consumer educational 
materials that States, Indian Tribes, and 
units of local government can adapt and 
use in recycling programs; and 
(vii) a guide to measure the effective-
ness of a grant received under the grant 
program, including standardized measure-
ments for recycling rates and decreases in 
contamination. 
(B) 
REQUIREMENT.—In 
developing 
the 
standardized set of terms and examples under 
subparagraph (A)(i), the Administrator may not 
establish any requirements for— 
(i) what materials shall be accepted by 
a residential recycling program; or 
(ii) the labeling of products. 
(8) SCHOOL CURRICULUM.—The Administrator 
shall provide assistance to the educational commu-
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† HR 3684 EAS 
nity, including nonprofit organizations, such as an 
organization the science, technology, engineering, and 
mathematics program of which incorporates recycling, 
to promote the introduction of recycling principles 
and best practices into public school curricula. 
(9) REPORTS.— 
(A) TO THE ADMINISTRATOR.—Not earlier 
than 180 days, and not later than 2 years, after 
the date on which a grant under the grant pro-
gram is awarded to an eligible entity, the eligible 
entity shall submit to the Administrator a report 
describing, by using the guide developed under 
paragraph (7)(A)(vii)— 
(i) the change in volume of recycled 
material collected through the activities 
funded with the grant; 
(ii) the change in participation rate of 
the recycling program funded with the 
grant; 
(iii) the reduction of contamination in 
the recycling stream as a result of the ac-
tivities funded with the grant; and 
(iv) such other information as the Ad-
ministrator determines to be appropriate.
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† HR 3684 EAS 
(B) TO
CONGRESS.—The Administrator 
shall submit to Congress an annual report de-
scribing— 
(i) the effectiveness of residential recy-
cling programs awarded funds under the 
grant program, including statistics com-
paring the quantity and quality of recycled 
materials collected by those programs, as de-
scribed in the reports submitted to the Ad-
ministrator under subparagraph (A); and 
(ii) recommendations on additional ac-
tions to improve residential recycling. 
(c) FEDERAL PROCUREMENT.—Section 6002 of the 
Solid Waste Disposal Act (42 U.S.C. 6962) is amended— 
(1) in subsection (e), in the matter preceding 
paragraph (1), by striking ‘‘and from time to time, 
revise’’ and inserting ‘‘review not less frequently than 
once every 5 years, and, if appropriate, revise, in con-
sultation with recyclers and manufacturers of prod-
ucts containing recycled content, not later than 2 
years after the completion of the initial review after 
the date of enactment of the Infrastructure Investment 
and Jobs Act and thereafter, as appropriate’’; and 
(2) by adding at the end the following:
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† HR 3684 EAS 
‘‘(j) CONSULTATION AND PROVISION OF INFORMATION 
BY ADMINISTRATOR.—The Administrator shall— 
‘‘(1) consult with each procuring agency, includ-
ing contractors of the procuring agency, to clarify the 
responsibilities of the procuring agency under this 
section; and 
‘‘(2) provide to each procuring agency informa-
tion on the requirements under this section and the 
responsibilities of the procuring agency under this 
section. 
‘‘(k) REPORTS.—The Administrator, in consultation 
with the Administrator of General Services, shall submit 
to Congress an annual report describing— 
‘‘(1) the quantity of federally procured recycled 
products listed in the guidelines under subsection (e); 
and 
‘‘(2) with respect to the products described in 
paragraph (1), the percentage of recycled material in 
each product.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated to the Administrator to carry out this sec-
tion and the amendments made by this section 
$15,000,000 for each of fiscal years 2022 through 
2026.
2226 
† HR 3684 EAS 
(2) REQUIREMENT.—Of the amount made avail-
able under paragraph (1) for a fiscal year, not less 
than 20 percent shall be allocated to— 
(A) low-income communities; 
(B) rural communities; and 
(C) communities identified as Native Amer-
ican pursuant to section 2(9) of the Native 
American Graves Protection and Repatriation 
Act (25 U.S.C. 3001(9)). 
TITLE V—BIOPRODUCT PILOT 
PROGRAM 
SEC. 70501. PILOT PROGRAM ON USE OF AGRICULTURAL 
COMMODITIES IN CONSTRUCTION AND CON-
SUMER PRODUCTS. 
(a) DEFINITIONS.—In this section: 
(1) CONSTRUCTION PRODUCT.—The term ‘‘con-
struction product’’ means any article, or component 
part thereof, produced or distributed for use during 
the construction, maintenance, or preservation of a 
highway, road, street, bridge, building, dam, port, or 
airport construction project. 
(2) CONSUMER PRODUCT.—The term ‘‘consumer 
product’’ means— 
(A) any article, or component part thereof, 
produced or distributed—
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† HR 3684 EAS 
(i) for sale to a consumer for use in or 
around a permanent or temporary house-
hold or residence, a school, in recreation, or 
otherwise; or 
(ii) for the personal use, consumption 
or enjoyment of a consumer in or around a 
permanent or temporary household or resi-
dence, a school, in recreation, or otherwise; 
and 
(B) any product or product category de-
scribed in subparagraphs (A) through (I) of sec-
tion 3(a)(5) of the Consumer Product Safety Act 
(15 U.S.C. 2052(a)(5)). 
(3) COVERED AGRICULTURAL COMMODITY.—The 
term ‘‘covered agricultural commodity’’ means any 
agricultural commodity, food, feed, fiber, livestock, oil, 
or a derivative thereof, that the Secretary determines 
to have been used in the production of materials that 
have demonstrated market viability and benefits (as 
described in paragraphs (1) through (7) of subsection 
(b)) as of the date of enactment of this Act. 
(4) QUALIFIED INSTITUTION.—The term ‘‘quali-
fied institution’’ means a bioproducts research facility 
that— 
(A) is funded, in part, by a State;
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† HR 3684 EAS 
(B) is located within a reasonable distance, 
not to exceed 3 miles, of the primary residence 
hall of an institution of higher education (as de-
fined in section 101(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1001(a))); 
(C) provides students opportunities to en-
gage in research activities; and 
(D) provides opportunities for an institu-
tion of higher education (as defined in section 
101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a))) to collaborate with private en-
terprise. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(b) ESTABLISHMENT.—The Secretary shall carry out 
a pilot program under which the Secretary shall partner 
with not less than 1 qualified institution to study the bene-
fits of using materials derived from covered agricultural 
commodities in the production of construction products and 
consumer products, including— 
(1) cost savings relative to other commonly used 
alternative materials; 
(2) greenhouse gas emission reductions and other 
environmental benefits relative to other commonly 
used alternative materials;
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† HR 3684 EAS 
(3) life-cycle and longevity-extending characteris-
tics relative to other commonly used alternative mate-
rials; 
(4) life-cycle and longevity-reducing characteris-
tics relative to other commonly used alternative mate-
rials; 
(5) landfill quantity and waste management cost 
reductions; 
(6) product development and production scale- 
up; and 
(7) any other benefits that the Secretary deter-
mines to be appropriate. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $2,000,000 for each of fiscal years 2022 through 
2023. 
TITLE VI—CYBERSECURITY 
Subtitle A—Cyber Response and 
Recovery Act 
SEC. 70601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Cyber Response and 
Recovery Act’’.
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† HR 3684 EAS 
SEC. 70602. DECLARATION OF A SIGNIFICANT INCIDENT. 
(a) IN GENERAL.—Title XXII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 651 et seq.) is amended by add-
ing at the end the following: 
‘‘Subtitle C—Declaration of a 
Significant Incident 
‘‘SEC. 2231. SENSE OF CONGRESS. 
‘‘It is the sense of Congress that— 
‘‘(1) the purpose of this subtitle is to authorize 
the Secretary to declare that a significant incident 
has occurred and to establish the authorities that are 
provided under the declaration to respond to and re-
cover from the significant incident; and 
‘‘(2) the authorities established under this sub-
title are intended to enable the Secretary to provide 
voluntary assistance to non-Federal entities impacted 
by a significant incident. 
‘‘SEC. 2232. DEFINITIONS. 
‘‘For the purposes of this subtitle: 
‘‘(1) ASSET
RESPONSE
ACTIVITY.—The term 
‘asset response activity’ means an activity to support 
an entity impacted by an incident with the response 
to, remediation of, or recovery from, the incident, in-
cluding— 
‘‘(A) furnishing technical and advisory as-
sistance to the entity to protect the assets of the
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† HR 3684 EAS 
entity, mitigate vulnerabilities, and reduce the 
related impacts; 
‘‘(B) assessing potential risks to the critical 
infrastructure sector or geographic region im-
pacted by the incident, including potential cas-
cading effects of the incident on other critical in-
frastructure sectors or geographic regions; 
‘‘(C) developing courses of action to miti-
gate the risks assessed under subparagraph (B); 
‘‘(D) facilitating information sharing and 
operational coordination with entities per-
forming threat response activities; and 
‘‘(E) providing guidance on how best to use 
Federal resources and capabilities in a timely, 
effective manner to speed recovery from the inci-
dent. 
‘‘(2) DECLARATION.—The 
term 
‘declaration’ 
means a declaration of the Secretary under section 
2233(a)(1). 
‘‘(3) DIRECTOR.—The term ‘Director’ means the 
Director of the Cybersecurity and Infrastructure Se-
curity Agency. 
‘‘(4) FEDERAL
AGENCY.—The term ‘Federal 
agency’ has the meaning given the term ‘agency’ in 
section 3502 of title 44, United States Code.
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† HR 3684 EAS 
‘‘(5) FUND.—The term ‘Fund’ means the Cyber 
Response and Recovery Fund established under sec-
tion 2234(a). 
‘‘(6) INCIDENT.—The term ‘incident’ has the 
meaning given the term in section 3552 of title 44, 
United States Code. 
‘‘(7) RENEWAL.—The term ‘renewal’ means a re-
newal of a declaration under section 2233(d). 
‘‘(8) SIGNIFICANT INCIDENT.—The term ‘signifi-
cant incident’— 
‘‘(A) means an incident or a group of re-
lated incidents that results, or is likely to result, 
in demonstrable harm to— 
‘‘(i) the national security interests, for-
eign relations, or economy of the United 
States; or 
‘‘(ii) the public confidence, civil lib-
erties, or public health and safety of the 
people of the United States; and 
‘‘(B) does not include an incident or a por-
tion of a group of related incidents that occurs 
on— 
‘‘(i) a national security system (as de-
fined in section 3552 of title 44, United 
States Code); or
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† HR 3684 EAS 
‘‘(ii) an information system described 
in paragraph (2) or (3) of section 3553(e) 
of title 44, United States Code. 
‘‘SEC. 2233. DECLARATION. 
‘‘(a) IN GENERAL.— 
‘‘(1) DECLARATION.—The Secretary, in consulta-
tion with the National Cyber Director, may make a 
declaration of a significant incident in accordance 
with this section for the purpose of enabling the ac-
tivities described in this subtitle if the Secretary de-
termines that— 
‘‘(A) a specific significant incident— 
‘‘(i) has occurred; or 
‘‘(ii) is likely to occur imminently; and 
‘‘(B) otherwise available resources, other 
than the Fund, are likely insufficient to respond 
effectively to, or to mitigate effectively, the spe-
cific significant incident described in subpara-
graph (A). 
‘‘(2) PROHIBITION ON DELEGATION.—The Sec-
retary may not delegate the authority provided to the 
Secretary under paragraph (1). 
‘‘(b) ASSET RESPONSE ACTIVITIES.—Upon a declara-
tion, the Director shall coordinate—
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† HR 3684 EAS 
‘‘(1) the asset response activities of each Federal 
agency in response to the specific significant incident 
associated with the declaration; and 
‘‘(2) with appropriate entities, which may in-
clude— 
‘‘(A) public and private entities and State 
and local governments with respect to the asset 
response activities of those entities and govern-
ments; and 
‘‘(B) Federal, State, local, and Tribal law 
enforcement agencies with respect to investiga-
tions and threat response activities of those law 
enforcement agencies; and 
‘‘(3) Federal, State, local, and Tribal emergency 
management and response agencies. 
‘‘(c) DURATION.—Subject to subsection (d), a declara-
tion shall terminate upon the earlier of— 
‘‘(1) a determination by the Secretary that the 
declaration is no longer necessary; or 
‘‘(2) the expiration of the 120-day period begin-
ning on the date on which the Secretary makes the 
declaration. 
‘‘(d) RENEWAL.—The Secretary, without delegation, 
may renew a declaration as necessary. 
‘‘(e) PUBLICATION.—
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‘‘(1) IN GENERAL.—Not later than 72 hours after 
a declaration or a renewal, the Secretary shall pub-
lish the declaration or renewal in the Federal Reg-
ister. 
‘‘(2) PROHIBITION.—A declaration or renewal 
published under paragraph (1) may not include the 
name of any affected individual or private company. 
‘‘(f) ADVANCE ACTIONS.— 
‘‘(1) IN GENERAL.—The Secretary— 
‘‘(A) shall assess the resources available to 
respond to a potential declaration; and 
‘‘(B) may take actions before and while a 
declaration is in effect to arrange or procure ad-
ditional resources for asset response activities or 
technical assistance the Secretary determines 
necessary, which may include entering into 
standby contracts with private entities for cyber-
security services or incident responders in the 
event of a declaration. 
‘‘(2) EXPENDITURE
OF
FUNDS.—Any expendi-
ture from the Fund for the purpose of paragraph 
(1)(B) shall be made from amounts available in the 
Fund, and amounts available in the Fund shall be in 
addition to any other appropriations available to the
2236 
† HR 3684 EAS 
Cybersecurity and Infrastructure Security Agency for 
such purpose. 
‘‘SEC. 2234. CYBER RESPONSE AND RECOVERY FUND. 
‘‘(a) IN GENERAL.—There is established a Cyber Re-
sponse and Recovery Fund, which shall be available for— 
‘‘(1) the coordination of activities described in 
section 2233(b); 
‘‘(2) response and recovery support for the spe-
cific significant incident associated with a declara-
tion to Federal, State, local, and Tribal, entities and 
public and private entities on a reimbursable or non- 
reimbursable basis, including through asset response 
activities and technical assistance, such as— 
‘‘(A) vulnerability assessments and mitiga-
tion; 
‘‘(B) technical incident mitigation; 
‘‘(C) malware analysis; 
‘‘(D) analytic support; 
‘‘(E) threat detection and hunting; and 
‘‘(F) network protections; 
‘‘(3) as the Director determines appropriate, 
grants for, or cooperative agreements with, Federal, 
State, local, and Tribal public and private entities to 
respond to, and recover from, the specific significant 
incident associated with a declaration, such as—
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† HR 3684 EAS 
‘‘(A) hardware or software to replace, up-
date, 
improve, 
harden, 
or 
enhance 
the 
functionality of existing hardware, software, or 
systems; and 
‘‘(B) technical contract personnel support; 
and 
‘‘(4) advance actions taken by the Secretary 
under section 2233(f)(1)(B). 
‘‘(b) DEPOSITS AND EXPENDITURES.— 
‘‘(1) IN GENERAL.—Amounts shall be deposited 
into the Fund from— 
‘‘(A) appropriations to the Fund for activi-
ties of the Fund; and 
‘‘(B) reimbursement from Federal agencies 
for the activities described in paragraphs (1), 
(2), and (4) of subsection (a), which shall only 
be from amounts made available in advance in 
appropriations Acts for such reimbursement. 
‘‘(2) EXPENDITURES.—Any expenditure from the 
Fund for the purposes of this subtitle shall be made 
from amounts available in the Fund from a deposit 
described in paragraph (1), and amounts available in 
the Fund shall be in addition to any other appropria-
tions available to the Cybersecurity and Infrastruc-
ture Security Agency for such purposes.
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† HR 3684 EAS 
‘‘(c) SUPPLEMENT NOT SUPPLANT.—Amounts in the 
Fund shall be used to supplement, not supplant, other Fed-
eral, State, local, or Tribal funding for activities in re-
sponse to a declaration. 
‘‘(d) REPORTING.—The Secretary shall require an en-
tity that receives amounts from the Fund to submit a report 
to the Secretary that details the specific use of the amounts. 
‘‘SEC. 2235. NOTIFICATION AND REPORTING. 
‘‘(a) NOTIFICATION.—Upon a declaration or renewal, 
the Secretary shall immediately notify the National Cyber 
Director and appropriate congressional committees and in-
clude in the notification— 
‘‘(1) an estimation of the planned duration of 
the declaration; 
‘‘(2) with respect to a notification of a declara-
tion, the reason for the declaration, including infor-
mation relating to the specific significant incident or 
imminent specific significant incident, including— 
‘‘(A) the operational or mission impact or 
anticipated impact of the specific significant in-
cident on Federal and non-Federal entities; 
‘‘(B) if known, the perpetrator of the spe-
cific significant incident; and
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† HR 3684 EAS 
‘‘(C) the scope of the Federal and non-Fed-
eral entities impacted or anticipated to be im-
pacted by the specific significant incident; 
‘‘(3) with respect to a notification of a renewal, 
the reason for the renewal; 
‘‘(4) justification as to why available resources, 
other than the Fund, are insufficient to respond to or 
mitigate the specific significant incident; and 
‘‘(5) a description of the coordination activities 
described in section 2233(b) that the Secretary antici-
pates the Director to perform. 
‘‘(b) REPORT TO CONGRESS.—Not later than 180 days 
after the date of a declaration or renewal, the Secretary 
shall submit to the appropriate congressional committees a 
report that includes— 
‘‘(1) the reason for the declaration or renewal, 
including information and intelligence relating to the 
specific significant incident that led to the declaration 
or renewal; 
‘‘(2) the use of any funds from the Fund for the 
purpose of responding to the incident or threat de-
scribed in paragraph (1); 
‘‘(3) a description of the actions, initiatives, and 
projects undertaken by the Department and State and 
local governments and public and private entities in
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† HR 3684 EAS 
responding to and recovering from the specific signifi-
cant incident described in paragraph (1); 
‘‘(4) an accounting of the specific obligations 
and outlays of the Fund; and 
‘‘(5) an analysis of— 
‘‘(A) the impact of the specific significant 
incident described in paragraph (1) on Federal 
and non-Federal entities; 
‘‘(B) the impact of the declaration or re-
newal on the response to, and recovery from, the 
specific significant incident described in para-
graph (1); and 
‘‘(C) the impact of the funds made available 
from the Fund as a result of the declaration or 
renewal on the recovery from, and response to, 
the specific significant incident described in 
paragraph (1). 
‘‘(c) CLASSIFICATION.—Each notification made under 
subsection (a) and each report submitted under subsection 
(b)— 
‘‘(1) shall be in an unclassified form with appro-
priate markings to indicate information that is ex-
empt from disclosure under section 552 of title 5, 
United States Code (commonly known as the ‘Free-
dom of Information Act’); and
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† HR 3684 EAS 
‘‘(2) may include a classified annex. 
‘‘(d) CONSOLIDATED REPORT.—The Secretary shall 
not be required to submit multiple reports under subsection 
(b) for multiple declarations or renewals if the Secretary 
determines that the declarations or renewals substantively 
relate to the same specific significant incident. 
‘‘(e) EXEMPTION.—The requirements of subchapter I 
of chapter 35 of title 44 (commonly known as the ‘Paper-
work Reduction Act’) shall not apply to the voluntary col-
lection of information by the Department during an inves-
tigation of, a response to, or an immediate post-response 
review of, the specific significant incident leading to a dec-
laration or renewal. 
‘‘SEC. 2236. RULE OF CONSTRUCTION. 
‘‘Nothing in this subtitle shall be construed to impair 
or limit the ability of the Director to carry out the author-
ized activities of the Cybersecurity and Infrastructure Secu-
rity Agency. 
‘‘SEC. 2237. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Fund 
$20,000,000 for fiscal year 2022 and each fiscal year there-
after until September 30, 2028, which shall remain avail-
able until September 30, 2028.
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† HR 3684 EAS 
‘‘SEC. 2238. SUNSET. 
‘‘The authorities granted to the Secretary or the Direc-
tor under this subtitle shall expire on the date that is 7 
years after the date of enactment of this subtitle.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public 
Law 107–296; 116 Stat. 2135) is amended by adding at 
the end the following: 
‘‘Subtitle C—Declaration of a Significant Incident 
‘‘Sec. 2231. Sense of congress. 
‘‘Sec. 2232. Definitions. 
‘‘Sec. 2233. Declaration. 
‘‘Sec. 2234. Cyber response and recovery fund. 
‘‘Sec. 2235. Notification and reporting. 
‘‘Sec. 2236. Rule of construction. 
‘‘Sec. 2237. Authorization of appropriations. 
‘‘Sec. 2238. Sunset.’’. 
Subtitle B—State and Local 
Cybersecurity Improvement Act 
SEC. 70611. SHORT TITLE. 
This subtitle may be cited as the ‘‘State and Local Cy-
bersecurity Improvement Act’’. 
SEC. 70612. STATE AND LOCAL CYBERSECURITY GRANT 
PROGRAM. 
(a) IN GENERAL.—Subtitle A of title XXII of the 
Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 2218. STATE AND LOCAL CYBERSECURITY GRANT 
PROGRAM. 
‘‘(a) DEFINITIONS.—In this section:
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† HR 3684 EAS 
‘‘(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘appropriate committees of Con-
gress’ means— 
‘‘(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
‘‘(B) the Committee on Homeland Security 
of the House of Representatives. 
‘‘(2) CYBER
THREAT
INDICATOR.—The term 
‘cyber threat indicator’ has the meaning given the 
term in section 102 of the Cybersecurity Act of 2015 
(6 U.S.C. 1501). 
‘‘(3) CYBERSECURITY PLAN.—The term ‘Cyberse-
curity Plan’ means a plan submitted by an eligible 
entity under subsection (e)(1). 
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means a— 
‘‘(A) State; or 
‘‘(B) Tribal government. 
‘‘(5) INCIDENT.—The term ‘incident’ has the 
meaning given the term in section 2209. 
‘‘(6) INFORMATION SHARING AND ANALYSIS OR-
GANIZATION.—The term ‘information sharing and 
analysis organization’ has the meaning given the 
term in section 2222.
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† HR 3684 EAS 
‘‘(7) INFORMATION SYSTEM.—The term ‘informa-
tion system’ has the meaning given the term in sec-
tion 102 of the Cybersecurity Act of 2015 (6 U.S.C. 
1501). 
‘‘(8) MULTI-ENTITY GROUP.—The term ‘multi- 
entity group’ means a group of 2 or more eligible en-
tities desiring a grant under this section. 
‘‘(9) ONLINE SERVICE.—The term ‘online service’ 
means any internet-facing service, including a 
website, email, virtual private network, or custom ap-
plication. 
‘‘(10) RURAL AREA.—The term ‘rural area’ has 
the meaning given the term in section 5302 of title 
49, United States Code. 
‘‘(11) STATE AND LOCAL CYBERSECURITY GRANT 
PROGRAM.—The term ‘State and Local Cybersecurity 
Grant Program’ means the program established under 
subsection (b). 
‘‘(12) TRIBAL GOVERNMENT.—The term ‘Tribal 
government’ means the recognized governing body of 
any Indian or Alaska Native Tribe, band, nation, 
pueblo, village, community, component band, or com-
ponent reservation, that is individually identified (in-
cluding parenthetically) in the most recent list pub-
lished pursuant to Section 104 of the Federally Recog-
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† HR 3684 EAS 
nized Indian Tribe List Act of 1994 (25 U.S.C. 
5131). 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established within 
the Department a program to award grants to eligible 
entities to address cybersecurity risks and cybersecu-
rity threats to information systems owned or operated 
by, or on behalf of, State, local, or Tribal govern-
ments. 
‘‘(2) APPLICATION.—An eligible entity desiring a 
grant under the State and Local Cybersecurity Grant 
Program shall submit to the Secretary an application 
at such time, in such manner, and containing such 
information as the Secretary may require. 
‘‘(c) ADMINISTRATION.—The State and Local Cyberse-
curity Grant Program shall be administered in the same 
office of the Department that administers grants made 
under sections 2003 and 2004. 
‘‘(d) USE OF FUNDS.—An eligible entity that receives 
a grant under this section and a local government that re-
ceives funds from a grant under this section, as appro-
priate, shall use the grant to— 
‘‘(1) implement the Cybersecurity Plan of the eli-
gible entity;
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† HR 3684 EAS 
‘‘(2) develop or revise the Cybersecurity Plan of 
the eligible entity; 
‘‘(3) pay expenses directly relating to the admin-
istration of the grant, which shall not exceed 5 per-
cent of the amount of the grant; 
‘‘(4) assist with activities that address imminent 
cybersecurity threats, as confirmed by the Secretary, 
acting through the Director, to the information sys-
tems owned or operated by, or on behalf of, the eligi-
ble entity or a local government within the jurisdic-
tion of the eligible entity; or 
‘‘(5) fund any other appropriate activity deter-
mined by the Secretary, acting through the Director. 
‘‘(e) CYBERSECURITY PLANS.— 
‘‘(1) IN GENERAL.—An eligible entity applying 
for a grant under this section shall submit to the Sec-
retary a Cybersecurity Plan for review in accordance 
with subsection (i). 
‘‘(2) REQUIRED
ELEMENTS.—A Cybersecurity 
Plan of an eligible entity shall— 
‘‘(A) incorporate, to the extent practicable— 
‘‘(i) any existing plans of the eligible 
entity to protect against cybersecurity risks 
and cybersecurity threats to information
2247 
† HR 3684 EAS 
systems owned or operated by, or on behalf 
of, State, local, or Tribal governments; and 
‘‘(ii) if the eligible entity is a State, 
consultation and feedback from local govern-
ments and associations of local governments 
within the jurisdiction of the eligible entity; 
‘‘(B) describe, to the extent practicable, how 
the eligible entity will— 
‘‘(i) manage, monitor, and track infor-
mation systems, applications, and user ac-
counts owned or operated by, or on behalf 
of, the eligible entity or, if the eligible entity 
is a State, local governments within the ju-
risdiction of the eligible entity, and the in-
formation technology deployed on those in-
formation systems, including legacy infor-
mation systems and information technology 
that are no longer supported by the manu-
facturer of the systems or technology; 
‘‘(ii) monitor, audit, and, track net-
work traffic and activity transiting or trav-
eling to or from information systems, appli-
cations, and user accounts owned or oper-
ated by, or on behalf of, the eligible entity 
or, if the eligible entity is a State, local gov-
2248 
† HR 3684 EAS 
ernments within the jurisdiction of the eli-
gible entity; 
‘‘(iii) enhance the preparation, re-
sponse, and resiliency of information sys-
tems, applications, and user accounts owned 
or operated by, or on behalf of, the eligible 
entity or, if the eligible entity is a State, 
local governments within the jurisdiction of 
the eligible entity, against cybersecurity 
risks and cybersecurity threats; 
‘‘(iv) implement a process of contin-
uous cybersecurity vulnerability assessments 
and threat mitigation practices prioritized 
by degree of risk to address cybersecurity 
risks and cybersecurity threats on informa-
tion systems, applications, and user ac-
counts owned or operated by, or on behalf 
of, the eligible entity or, if the eligible entity 
is a State, local governments within the ju-
risdiction of the eligible entity; 
‘‘(v) ensure that the eligible entity and, 
if the eligible entity is a State, local govern-
ments within the jurisdiction of the eligible 
entity, adopt and use best practices and
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† HR 3684 EAS 
methodologies to enhance cybersecurity, such 
as— 
‘‘(I) the practices set forth in the 
cybersecurity framework developed by 
the National Institute of Standards 
and Technology; 
‘‘(II) cyber chain supply chain 
risk management best practices identi-
fied by the National Institute of Stand-
ards and Technology; and 
‘‘(III) knowledge bases of adver-
sary tools and tactics; 
‘‘(vi) promote the delivery of safe, rec-
ognizable, and trustworthy online services 
by the eligible entity and, if the eligible en-
tity is a State, local governments within the 
jurisdiction of the eligible entity, including 
through the use of the .gov internet domain; 
‘‘(vii) ensure continuity of operations 
of the eligible entity and, if the eligible enti-
ty is a State, local governments within the 
jurisdiction of the eligible entity, in the 
event of a cybersecurity incident, including 
by conducting exercises to practice respond-
ing to a cybersecurity incident;
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† HR 3684 EAS 
‘‘(viii) use the National Initiative for 
Cybersecurity Education Workforce Frame-
work for Cybersecurity developed by the Na-
tional Institute of Standards and Tech-
nology to identify and mitigate any gaps in 
the cybersecurity workforces of the eligible 
entity and, if the eligible entity is a State, 
local governments within the jurisdiction of 
the eligible entity, enhance recruitment and 
retention efforts for those workforces, and 
bolster the knowledge, skills, and abilities of 
personnel of the eligible entity and, if the el-
igible entity is a State, local governments 
within the jurisdiction of the eligible entity, 
to address cybersecurity risks and cyberse-
curity threats, such as through cybersecurity 
hygiene training; 
‘‘(ix) if the eligible entity is a State, 
ensure continuity of communications and 
data networks within the jurisdiction of the 
eligible entity between the eligible entity 
and local governments within the jurisdic-
tion of the eligible entity in the event of an 
incident involving those communications or 
data networks;
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† HR 3684 EAS 
‘‘(x) assess and mitigate, to the greatest 
degree possible, cybersecurity risks and cy-
bersecurity threats relating to critical infra-
structure and key resources, the degradation 
of which may impact the performance of in-
formation systems within the jurisdiction of 
the eligible entity; 
‘‘(xi) enhance capabilities to share 
cyber threat indicators and related informa-
tion between the eligible entity and— 
‘‘(I) if the eligible entity is a 
State, local governments within the ju-
risdiction of the eligible entity, includ-
ing by expanding information sharing 
agreements with the Department; and 
‘‘(II) the Department; 
‘‘(xii) leverage cybersecurity services of-
fered by the Department; 
‘‘(xiii) implement an information tech-
nology and operational technology mod-
ernization cybersecurity review process that 
ensures 
alignment 
between 
information 
technology and operational technology cy-
bersecurity objectives;
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† HR 3684 EAS 
‘‘(xiv) develop and coordinate strate-
gies to address cybersecurity risks and cy-
bersecurity threats in consultation with— 
‘‘(I) if the eligible entity is a 
State, local governments and associa-
tions of local governments within the 
jurisdiction of the eligible entity; and 
‘‘(II) as applicable— 
‘‘(aa) eligible entities that 
neighbor the jurisdiction of the el-
igible entity or, as appropriate, 
members of an information shar-
ing and analysis organization; 
and 
‘‘(bb) countries that neighbor 
the jurisdiction of the eligible en-
tity; 
‘‘(xv) ensure adequate access to, and 
participation in, the services and programs 
described in this subparagraph by rural 
areas within the jurisdiction of the eligible 
entity; and 
‘‘(xvi) distribute funds, items, services, 
capabilities, or activities to local govern-
ments under subsection (n)(2)(A), including
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† HR 3684 EAS 
the fraction of that distribution the eligible 
entity plans to distribute to rural areas 
under subsection (n)(2)(B); 
‘‘(C) assess the capabilities of the eligible 
entity relating to the actions described in sub-
paragraph (B); 
‘‘(D) describe, as appropriate and to the ex-
tent practicable, the individual responsibilities of 
the eligible entity and local governments within 
the jurisdiction of the eligible entity in imple-
menting the plan; 
‘‘(E) outline, to the extent practicable, the 
necessary resources and a timeline for imple-
menting the plan; and 
‘‘(F) describe the metrics the eligible entity 
will use to measure progress towards— 
‘‘(i) implementing the plan; and 
‘‘(ii) reducing cybersecurity risks to, 
and identifying, responding to, and recov-
ering from cybersecurity threats to, infor-
mation systems owned or operated by, or on 
behalf of, the eligible entity or, if the eligible 
entity is a State, local governments within 
the jurisdiction of the eligible entity.
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† HR 3684 EAS 
‘‘(3) DISCRETIONARY ELEMENTS.—In drafting a 
Cybersecurity Plan, an eligible entity may— 
‘‘(A) consult with the Multi-State Informa-
tion Sharing and Analysis Center; 
‘‘(B) include a description of cooperative 
programs developed by groups of local govern-
ments within the jurisdiction of the eligible enti-
ty to address cybersecurity risks and cybersecu-
rity threats; and 
‘‘(C) include a description of programs pro-
vided by the eligible entity to support local gov-
ernments and owners and operators of critical 
infrastructure to address cybersecurity risks and 
cybersecurity threats. 
‘‘(f) MULTI-ENTITY GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary may award 
grants under this section to a multi-entity group to 
support multi-entity efforts to address cybersecurity 
risks and cybersecurity threats to information systems 
within the jurisdictions of the eligible entities that 
comprise the multi-entity group. 
‘‘(2) 
SATISFACTION
OF
OTHER
REQUIRE-
MENTS.—In order to be eligible for a multi-entity 
grant under this subsection, each eligible entity that 
comprises a multi-entity group shall have—
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† HR 3684 EAS 
‘‘(A) a Cybersecurity Plan that has been re-
viewed by the Secretary in accordance with sub-
section (i); and 
‘‘(B) a cybersecurity planning committee es-
tablished in accordance with subsection (g). 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—A multi-entity group 
applying for a multi-entity grant under para-
graph (1) shall submit to the Secretary an appli-
cation at such time, in such manner, and con-
taining such information as the Secretary may 
require. 
‘‘(B) MULTI-ENTITY
PROJECT
PLAN.—An 
application for a grant under this section of a 
multi-entity group under subparagraph (A) shall 
include a plan describing— 
‘‘(i) the division of responsibilities 
among the eligible entities that comprise the 
multi-entity group; 
‘‘(ii) the distribution of funding from 
the grant among the eligible entities that 
comprise the multi-entity group; and 
‘‘(iii) how the eligible entities that 
comprise the multi-entity group will work
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† HR 3684 EAS 
together to implement the Cybersecurity 
Plan of each of those eligible entities. 
‘‘(g) PLANNING COMMITTEES.— 
‘‘(1) IN GENERAL.—An eligible entity that re-
ceives a grant under this section shall establish a cy-
bersecurity planning committee to— 
‘‘(A) assist with the development, implemen-
tation, and revision of the Cybersecurity Plan of 
the eligible entity; 
‘‘(B) approve the Cybersecurity Plan of the 
eligible entity; and 
‘‘(C) assist with the determination of effec-
tive funding priorities for a grant under this sec-
tion in accordance with subsections (d) and (j). 
‘‘(2) COMPOSITION.—A committee of an eligible 
entity established under paragraph (1) shall— 
‘‘(A) be comprised of representatives from— 
‘‘(i) the eligible entity; 
‘‘(ii) if the eligible entity is a State, 
counties, cities, and towns within the juris-
diction of the eligible entity; and 
‘‘(iii) institutions of public education 
and health within the jurisdiction of the eli-
gible entity; and
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† HR 3684 EAS 
‘‘(B) include, as appropriate, representa-
tives of rural, suburban, and high-population ju-
risdictions. 
‘‘(3) CYBERSECURITY EXPERTISE.—Not less than 
one-half of the representatives of a committee estab-
lished under paragraph (1) shall have professional ex-
perience relating to cybersecurity or information tech-
nology. 
‘‘(4) RULE OF CONSTRUCTION REGARDING EXIST-
ING PLANNING COMMITTEES.—Nothing in this sub-
section shall be construed to require an eligible entity 
to establish a cybersecurity planning committee if the 
eligible entity has established and uses a multijuris-
dictional planning committee or commission that— 
‘‘(A) meets the requirements of this sub-
section; or 
‘‘(B) may be expanded or leveraged to meet 
the requirements of this subsection, including 
through the formation of a cybersecurity plan-
ning subcommittee. 
‘‘(5) RULE OF CONSTRUCTION REGARDING CON-
TROL OF INFORMATION SYSTEMS OF ELIGIBLE ENTI-
TIES.—Nothing in this subsection shall be construed 
to permit a cybersecurity planning committee of an 
eligible entity that meets the requirements of this sub-
2258 
† HR 3684 EAS 
section to make decisions relating to information sys-
tems owned or operated by, or on behalf of, the eligi-
ble entity. 
‘‘(h) SPECIAL RULE FOR TRIBAL GOVERNMENTS.— 
With respect to any requirement under subsection (e) or (g), 
the Secretary, in consultation with the Secretary of the In-
terior and Tribal governments, may prescribe an alter-
native substantively similar requirement for Tribal govern-
ments if the Secretary finds that the alternative require-
ment is necessary for the effective delivery and administra-
tion of grants to Tribal governments under this section. 
‘‘(i) REVIEW OF PLANS.— 
‘‘(1) REVIEW AS CONDITION OF GRANT.— 
‘‘(A) IN GENERAL.—Subject to paragraph 
(3), before an eligible entity may receive a grant 
under this section, the Secretary, acting through 
the Director, shall— 
‘‘(i) review the Cybersecurity Plan of 
the eligible entity, including any revised 
Cybersecurity Plans of the eligible entity; 
and 
‘‘(ii) determine that the Cybersecurity 
Plan reviewed under clause (i) satisfies the 
requirements under paragraph (2).
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† HR 3684 EAS 
‘‘(B) DURATION
OF
DETERMINATION.—In 
the case of a determination under subparagraph 
(A)(ii) that a Cybersecurity Plan satisfies the re-
quirements under paragraph (2), the determina-
tion shall be effective for the 2-year period begin-
ning on the date of the determination. 
‘‘(C) ANNUAL RENEWAL.—Not later than 2 
years after the date on which the Secretary deter-
mines under subparagraph (A)(ii) that a Cyber-
security Plan satisfies the requirements under 
paragraph (2), and annually thereafter, the Sec-
retary, acting through the Director, shall— 
‘‘(i) determine whether the Cybersecu-
rity Plan and any revisions continue to 
meet the criteria described in paragraph 
(2); and 
‘‘(ii) renew the determination if the 
Secretary, acting through the Director, 
makes a positive determination under 
clause (i). 
‘‘(2) PLAN REQUIREMENTS.—In reviewing a Cy-
bersecurity Plan of an eligible entity under this sub-
section, the Secretary, acting through the Director, 
shall ensure that the Cybersecurity Plan—
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† HR 3684 EAS 
‘‘(A) satisfies the requirements of subsection 
(e)(2); and 
‘‘(B) has been approved by— 
‘‘(i) the cybersecurity planning com-
mittee of the eligible entity established 
under subsection (g); and 
‘‘(ii) the Chief Information Officer, the 
Chief Information Security Officer, or an 
equivalent official of the eligible entity. 
‘‘(3) EXCEPTION.—Notwithstanding subsection 
(e) and paragraph (1) of this subsection, the Sec-
retary may award a grant under this section to an 
eligible entity that does not submit a Cybersecurity 
Plan to the Secretary for review before September 30, 
2023, if the eligible entity certifies to the Secretary 
that— 
‘‘(A) the activities that will be supported by 
the grant are— 
‘‘(i) integral to the development of the 
Cybersecurity Plan of the eligible entity; or 
‘‘(ii) necessary to assist with activities 
described in subsection (d)(4), as confirmed 
by the Director; and
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† HR 3684 EAS 
‘‘(B) the eligible entity will submit to the 
Secretary a Cybersecurity Plan for review under 
this subsection by September 30, 2023. 
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to provide authority to 
the Secretary to— 
‘‘(A) regulate the manner by which an eligi-
ble entity or local government improves the cy-
bersecurity of the information systems owned or 
operated by, or on behalf of, the eligible entity or 
local government; or 
‘‘(B) condition the receipt of grants under 
this section on— 
‘‘(i) participation in a particular Fed-
eral program; or 
‘‘(ii) the use of a specific product or 
technology. 
‘‘(j) LIMITATIONS ON USES OF FUNDS.— 
‘‘(1) IN
GENERAL.—Any entity that receives 
funds from a grant under this section may not use the 
grant— 
‘‘(A) to supplant State or local funds; 
‘‘(B) for any recipient cost-sharing con-
tribution; 
‘‘(C) to pay a ransom;
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‘‘(D) for recreational or social purposes; or 
‘‘(E) for any purpose that does not address 
cybersecurity risks or cybersecurity threats on 
information systems owned or operated by, or on 
behalf of, the eligible entity that receives the 
grant or a local government within the jurisdic-
tion of the eligible entity. 
‘‘(2) COMPLIANCE OVERSIGHT.—In addition to 
any other remedy available, the Secretary may take 
such actions as are necessary to ensure that a recipi-
ent of a grant under this section uses the grant for 
the purposes for which the grant is awarded. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1)(A) shall be construed to prohibit the 
use of funds from a grant under this section awarded 
to a State, local, or Tribal government for otherwise 
permissible uses under this section on the basis that 
the State, local, or Tribal government has previously 
used State, local, or Tribal funds to support the same 
or similar uses. 
‘‘(k) OPPORTUNITY
TO AMEND APPLICATIONS.—In 
considering applications for grants under this section, the 
Secretary shall provide applicants with a reasonable oppor-
tunity to correct any defects in those applications before
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† HR 3684 EAS 
making final awards, including by allowing applicants to 
revise a submitted Cybersecurity Plan. 
‘‘(l) APPORTIONMENT.—For fiscal year 2022 and each 
fiscal year thereafter, the Secretary shall apportion 
amounts appropriated to carry out this section among eligi-
ble entities as follows: 
‘‘(1) BASELINE
AMOUNT.—The Secretary shall 
first apportion— 
‘‘(A) 0.25 percent of such amounts to each 
of American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the 
United States Virgin Islands; 
‘‘(B) 1 percent of such amounts to each of 
the remaining States; and 
‘‘(C) 3 percent of such amounts to Tribal 
governments. 
‘‘(2) REMAINDER.—The Secretary shall appor-
tion the remainder of such amounts to States as fol-
lows: 
‘‘(A) 50 percent of such remainder in the 
ratio that the population of each State, bears to 
the population of all States; and 
‘‘(B) 50 percent of such remainder in the 
ratio that the population of each State that re-
2266 
† HR 3684 EAS 
program established under the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 et 
seq.) from previous years; and 
‘‘(iii) any other factors the Secretary 
considers appropriate. 
‘‘(3) WAIVER FOR TRIBAL GOVERNMENTS.—Not-
withstanding paragraph (2), the Secretary, in con-
sultation with the Secretary of the Interior and Trib-
al governments, may waive or modify the require-
ments of paragraph (1) for 1 or more Tribal govern-
ments if the Secretary determines that the waiver is 
in the public interest. 
‘‘(n) RESPONSIBILITIES OF GRANTEES.— 
‘‘(1) CERTIFICATION.—Each eligible entity or 
multi-entity group that receives a grant under this 
section shall certify to the Secretary that the grant 
will be used— 
‘‘(A) for the purpose for which the grant is 
awarded; and 
‘‘(B) in compliance with subsections (d) 
and (j). 
‘‘(2) AVAILABILITY OF FUNDS TO LOCAL GOVERN-
MENTS AND RURAL AREAS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), not later than 45 days after the date
2267 
† HR 3684 EAS 
on which an eligible entity or multi-entity group 
receives a grant under this section, the eligible 
entity or multi-entity group shall, without im-
posing unreasonable or unduly burdensome re-
quirements as a condition of receipt, obligate or 
otherwise make available to local governments 
within the jurisdiction of the eligible entity or 
the eligible entities that comprise the multi-enti-
ty group, consistent with the Cybersecurity Plan 
of the eligible entity or the Cybersecurity Plans 
of the eligible entities that comprise the multi-en-
tity group— 
‘‘(i) not less than 80 percent of funds 
available under the grant; 
‘‘(ii) with the consent of the local gov-
ernments, items, services, capabilities, or ac-
tivities having a value of not less than 80 
percent of the amount of the grant; or 
‘‘(iii) with the consent of the local gov-
ernments, grant funds combined with other 
items, services, capabilities, or activities 
having the total value of not less than 80 
percent of the amount of the grant. 
‘‘(B) AVAILABILITY TO RURAL AREAS.—In 
obligating funds, items, services, capabilities, or
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† HR 3684 EAS 
activities to local governments under subpara-
graph (A), the eligible entity or eligible entities 
that comprise the multi-entity group shall ensure 
that rural areas within the jurisdiction of the el-
igible entity or the eligible entities that comprise 
the multi-entity group receive not less than— 
‘‘(i) 25 percent of the amount of the 
grant awarded to the eligible entity; 
‘‘(ii) items, services, capabilities, or ac-
tivities having a value of not less than 25 
percent of the amount of the grant awarded 
to the eligible entity; or 
‘‘(iii) grant funds combined with other 
items, services, capabilities, or activities 
having the total value of not less than 25 
percent of the grant awarded to the eligible 
entity. 
‘‘(C) EXCEPTIONS.—This paragraph shall 
not apply to— 
‘‘(i) any grant awarded under this sec-
tion that solely supports activities that are 
integral to the development or revision of 
the Cybersecurity Plan of the eligible entity; 
or
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† HR 3684 EAS 
‘‘(ii) the District of Columbia, the 
Commonwealth of Puerto Rico, American 
Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, the United States 
Virgin Islands, or a Tribal government. 
‘‘(3) CERTIFICATIONS REGARDING DISTRIBUTION 
OF GRANT FUNDS TO LOCAL GOVERNMENTS.—An eli-
gible entity or multi-entity group shall certify to the 
Secretary that the eligible entity or multi-entity 
group has made the distribution to local governments 
required under paragraph (2). 
‘‘(4) EXTENSION OF PERIOD.— 
‘‘(A) IN
GENERAL.—An eligible entity or 
multi-entity group may request in writing that 
the Secretary extend the period of time specified 
in paragraph (2) for an additional period of 
time. 
‘‘(B) APPROVAL.—The Secretary may ap-
prove a request for an extension under subpara-
graph (A) if the Secretary determines the exten-
sion is necessary to ensure that the obligation 
and expenditure of grant funds align with the 
purpose of the State and Local Cybersecurity 
Grant Program.
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† HR 3684 EAS 
‘‘(5) DIRECT
FUNDING.—If an eligible entity 
does not make a distribution to a local government re-
quired under paragraph (2) in a timely fashion, the 
local government may petition the Secretary to re-
quest the Secretary to provide funds directly to the 
local government. 
‘‘(6) LIMITATION ON CONSTRUCTION.—A grant 
awarded under this section may not be used to ac-
quire land or to construct, remodel, or perform alter-
ations of buildings or other physical facilities. 
‘‘(7) CONSULTATION IN ALLOCATING FUNDS.—An 
eligible entity applying for a grant under this section 
shall agree to consult the Chief Information Officer, 
the Chief Information Security Officer, or an equiva-
lent official of the eligible entity in allocating funds 
from a grant awarded under this section. 
‘‘(8) PENALTIES.—In addition to other remedies 
available to the Secretary, if an eligible entity violates 
a requirement of this subsection, the Secretary may— 
‘‘(A) terminate or reduce the amount of a 
grant awarded under this section to the eligible 
entity; or 
‘‘(B) distribute grant funds previously 
awarded to the eligible entity—
2271 
† HR 3684 EAS 
‘‘(i) in the case of an eligible entity 
that is a State, directly to the appropriate 
local government as a replacement grant in 
an amount determined by the Secretary; or 
‘‘(ii) in the case of an eligible entity 
that is a Tribal government, to another 
Tribal government or Tribal governments as 
a replacement grant in an amount deter-
mined by the Secretary. 
‘‘(o) CONSULTATION WITH STATE, LOCAL, AND TRIBAL 
REPRESENTATIVES.—In carrying out this section, the Sec-
retary shall consult with State, local, and Tribal represent-
atives with professional experience relating to cybersecurity, 
including representatives of associations representing State, 
local, and Tribal governments, to inform— 
‘‘(1) guidance for applicants for grants under 
this section, including guidance for Cybersecurity 
Plans; 
‘‘(2) the study of risk-based formulas required 
under subsection (q)(4); 
‘‘(3) the development of guidelines required 
under subsection (m)(2)(B); and 
‘‘(4) any modifications described in subsection 
(q)(2)(D).
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† HR 3684 EAS 
‘‘(p) NOTIFICATION TO CONGRESS.—Not later than 3 
business days before the date on which the Department an-
nounces the award of a grant to an eligible entity under 
this section, including an announcement to the eligible enti-
ty, the Secretary shall provide to the appropriate commit-
tees of Congress notice of the announcement. 
‘‘(q) REPORTS, STUDY, AND REVIEW.— 
‘‘(1) ANNUAL REPORTS BY GRANT RECIPIENTS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date on which an eligible entity receives 
a grant under this section for the purpose of im-
plementing the Cybersecurity Plan of the eligible 
entity, including an eligible entity that com-
prises a multi-entity group that receives a grant 
for that purpose, and annually thereafter until 1 
year after the date on which funds from the 
grant are expended or returned, the eligible enti-
ty shall submit to the Secretary a report that, 
using the metrics described in the Cybersecurity 
Plan of the eligible entity, describes the progress 
of the eligible entity in— 
‘‘(i) implementing the Cybersecurity 
Plan of the eligible entity; and 
‘‘(ii) reducing cybersecurity risks to, 
and identifying, responding to, and recov-
2273 
† HR 3684 EAS 
ering from cybersecurity threats to, infor-
mation systems owned or operated by, or on 
behalf of, the eligible entity or, if the eligible 
entity is a State, local governments within 
the jurisdiction of the eligible entity. 
‘‘(B) ABSENCE OF PLAN.—Not later than 1 
year after the date on which an eligible entity 
that does not have a Cybersecurity Plan receives 
funds under this section, and annually thereafter 
until 1 year after the date on which funds from 
the grant are expended or returned, the eligible 
entity shall submit to the Secretary a report de-
scribing how the eligible entity obligated and ex-
pended grant funds to— 
‘‘(i) develop or revise a Cybersecurity 
Plan; or 
‘‘(ii) assist with the activities described 
in subsection (d)(4). 
‘‘(2) ANNUAL REPORTS TO CONGRESS.—Not less 
frequently than annually, the Secretary, acting 
through the Director, shall submit to Congress a re-
port on— 
‘‘(A) the use of grants awarded under this 
section;
2274 
† HR 3684 EAS 
‘‘(B) the proportion of grants used to sup-
port cybersecurity in rural areas; 
‘‘(C) the effectiveness of the State and Local 
Cybersecurity Grant Program; 
‘‘(D) any necessary modifications to the 
State and Local Cybersecurity Grant Program; 
and 
‘‘(E) any progress made toward— 
‘‘(i) developing, implementing, or re-
vising Cybersecurity Plans; and 
‘‘(ii) reducing cybersecurity risks to, 
and identifying, responding to, and recov-
ering from cybersecurity threats to, infor-
mation systems owned or operated by, or on 
behalf of, State, local, or Tribal governments 
as a result of the award of grants under this 
section. 
‘‘(3) PUBLIC AVAILABILITY.— 
‘‘(A) IN GENERAL.—The Secretary, acting 
through the Director, shall make each report sub-
mitted under paragraph (2) publicly available, 
including by making each report available on the 
website of the Agency. 
‘‘(B) REDACTIONS.—In making each report 
publicly available under subparagraph (A), the
2275 
† HR 3684 EAS 
Director may make redactions that the Director, 
in consultation with each eligible entity, deter-
mines necessary to protect classified or other in-
formation exempt from disclosure under section 
552 of title 5, United States Code (commonly re-
ferred to as the ‘Freedom of Information Act’). 
‘‘(4) STUDY OF RISK-BASED FORMULAS.— 
‘‘(A) IN
GENERAL.—Not later than Sep-
tember 30, 2024, the Secretary, acting through 
the Director, shall submit to the appropriate 
committees of Congress a study and legislative 
recommendations on the potential use of a risk- 
based formula for apportioning funds under this 
section, including— 
‘‘(i) potential components that could be 
included in a risk-based formula, including 
the potential impact of those components on 
support for rural areas under this section; 
‘‘(ii) potential sources of data and in-
formation necessary for the implementation 
of a risk-based formula; 
‘‘(iii) any obstacles to implementing a 
risk-based formula, including obstacles that 
require a legislative solution;
2276 
† HR 3684 EAS 
‘‘(iv) if a risk-based formula were to be 
implemented for fiscal year 2026, a rec-
ommended risk-based formula for the State 
and Local Cybersecurity Grant Program; 
and 
‘‘(v) any other information that the 
Secretary, acting through the Director, de-
termines necessary to help Congress under-
stand the progress towards, and obstacles to, 
implementing a risk-based formula. 
‘‘(B) INAPPLICABILITY OF PAPERWORK RE-
DUCTION ACT.—The requirements of chapter 35 
of title 44, United States Code (commonly re-
ferred to as the ‘Paperwork Reduction Act’), 
shall not apply to any action taken to carry out 
this paragraph. 
‘‘(5) TRIBAL CYBERSECURITY NEEDS REPORT.— 
Not later than 2 years after the date of enactment of 
this section, the Secretary, acting through the Direc-
tor, shall submit to Congress a report that— 
‘‘(A) describes the cybersecurity needs of 
Tribal governments, which shall be determined 
in consultation with the Secretary of the Interior 
and Tribal governments; and
2278 
† HR 3684 EAS 
Local Cybersecurity Grant Program may trans-
fer not more than 5 percent of the amounts ap-
propriated pursuant to paragraph (1) or other 
amounts appropriated to carry out the State and 
Local Cybersecurity Grant Program for that fis-
cal year to an account of the Department for sal-
aries, expenses, and other administrative costs 
incurred for the management, administration, or 
evaluation of this section. 
‘‘(B) ADDITIONAL
APPROPRIATIONS.—Any 
funds transferred under subparagraph (A) shall 
be in addition to any funds appropriated to the 
Department or the components described in sub-
paragraph (A) for salaries, expenses, and other 
administrative costs. 
‘‘(s) TERMINATION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the 
requirements of this section shall terminate on Sep-
tember 30, 2025. 
‘‘(2) EXCEPTION.—The reporting requirements 
under subsection (q) shall terminate on the date that 
is 1 year after the date on which the final funds from 
a grant under this section are expended or returned.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public
2279 
† HR 3684 EAS 
Law 107–296; 116 Stat. 2135), is amended by inserting 
after the item relating to section 2217 the following: 
‘‘Sec. 2218. State and Local Cybersecurity Grant Program.’’. 
TITLE VII—PUBLIC-PRIVATE 
PARTNERSHIPS 
SEC. 70701. VALUE FOR MONEY ANALYSIS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, in the case of a project described in subsection 
(b), the entity carrying out the project shall, during the 
planning and project development process and prior to 
signing any Project Development Agreement, conduct a 
value for money analysis or comparable analysis of the 
project, which shall include an evaluation of— 
(1) the life-cycle cost and project delivery sched-
ule; 
(2) the costs of using public funding versus pri-
vate financing for the project; 
(3) a description of the key assumptions made in 
developing the analysis, including— 
(A) an analysis of any Federal grants or 
loans and subsidies received or expected (includ-
ing tax depreciation costs); 
(B) the key terms of the proposed public- 
private partnership agreement, if applicable (in-
cluding the expected rate of return for private
2280 
† HR 3684 EAS 
debt and equity), and major compensation 
events; 
(C) a discussion of the benefits and costs as-
sociated with the allocation of risk; 
(D) the determination of risk premiums as-
signed to various project delivery scenarios; 
(E) assumptions about use, demand, and 
any user fee revenue generated by the project; 
and 
(F) any externality benefits for the public 
generated by the project; 
(4) a forecast of user fees and other revenues ex-
pected to be generated by the project, if applicable; 
and 
(5) any other information the Secretary of 
Transportation determines to be appropriate. 
(b) PROJECT DESCRIBED.—A project referred to in 
subsection (a) is a transportation project— 
(1) with an estimated total cost of more than 
$750,000,000; 
(2) carried out— 
(A) by a public entity that is a State, terri-
tory, Indian Tribe, unit of local government, 
transit agency, port authority, metropolitan 
planning organization, airport authority, or
2281 
† HR 3684 EAS 
other political subdivision of a State or local 
government; and 
(B) in a State in which there is in effect a 
State law authorizing the use and implementa-
tion of public-private partnerships for transpor-
tation projects; and 
(3)(A) that intends to submit a letter of interest, 
or has submitted a letter of interest after the date of 
enactment of this Act, to be carried out with— 
(i) assistance under the TIFIA program 
under chapter 6 of title 23, United States Code; 
or 
(ii) assistance under the Railroad Rehabili-
tation and Improvement Financing Program of 
the Federal Railroad Administration established 
under chapter 224 of title 49, United States 
Code; and 
(B) that is anticipated to generate user fees or 
other revenues that could support the capital and op-
erating costs of such project. 
(c) REPORTING REQUIREMENTS.— 
(1) PROJECT
REPORTS.—For each project de-
scribed in subsection (b), the entity carrying out the 
project shall—
2282 
† HR 3684 EAS 
(A) include the results of the analysis under 
subsection (a) on the website of the project; and 
(B) submit the results of the analysis to the 
Build America Bureau and the Secretary of 
Transportation. 
(2) REPORT
TO
CONGRESS.—The Secretary of 
Transportation, in coordination with the Build 
America Bureau, shall, not later than 2 years after 
the date of enactment of this Act— 
(A) compile the analyses submitted under 
paragraph (1)(B); and 
(B) submit to Congress a report that— 
(i) includes the analyses submitted 
under paragraph (1)(B); 
(ii) describes— 
(I) the use of private financing for 
projects described in subsection (b); 
and 
(II) the costs and benefits of con-
ducting a value for money analysis; 
and 
(iii) identifies best practices for private 
financing of projects described in subsection 
(b).
2283 
† HR 3684 EAS 
(d) GUIDANCE.—The Secretary of Transportation, in 
coordination with the Build America Bureau, shall issue 
guidance on performance benchmarks, risk premiums, and 
expected rates of return on private financing for projects 
described in subsection (b). 
TITLE VIII—FEDERAL 
PERMITTING IMPROVEMENT 
SEC. 70801. FEDERAL PERMITTING IMPROVEMENT. 
(a) DEFINITIONS.—Section 41001 of the FAST Act (42 
U.S.C. 4370m) is amended— 
(1) in paragraph (3), by inserting ‘‘and any 
interagency consultation’’ after ‘‘issued by an agen-
cy’’; 
(2) in paragraph (4), by striking ‘‘means’’ and 
all that follows through the period at the end of sub-
paragraph (B) and inserting ‘‘has the meaning given 
the term in section 1508.1 of title 40, Code of Federal 
Regulations (or successor regulations).’’; 
(3) in paragraph (5), by striking ‘‘Federal Infra-
structure Permitting Improvement Steering Council’’ 
and inserting ‘‘Federal Permitting Improvement 
Steering Council’’; 
(4) in paragraph (6)(A)— 
(A) in clause (ii), by striking ‘‘or’’ at the 
end;
2284 
† HR 3684 EAS 
(B) by redesignating clause (iii) as clause 
(iv); and 
(C) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) is— 
‘‘(I) subject to NEPA; 
‘‘(II) sponsored by an Indian 
Tribe (as defined in section 4 of the In-
dian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 
5304)), an Alaska Native Corporation, 
a Native Hawaiian organization (as 
defined in section 6207 of the Elemen-
tary and Secondary Education Act of 
1965 (20 U.S.C. 7517)), the Depart-
ment of Hawaiian Home Lands, or the 
Office of Hawaiian Affairs; and 
‘‘(III) located on land owned or 
under the jurisdiction of the entity that 
sponsors the activity under subclause 
(II); or’’; and 
(5) in paragraph (8), by striking ‘‘means’’ and 
all that follows through the period at the end and in-
serting ‘‘has the meaning given the term in section
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† HR 3684 EAS 
1508.1 of title 40, Code of Federal Regulations (or 
successor regulations).’’. 
(b) FEDERAL PERMITTING IMPROVEMENT STEERING 
COUNCIL.—Section 41002 of the FAST Act (42 U.S.C. 
4370m–1) is amended— 
(1) in the section heading, by striking ‘‘FED-
ERAL
PERMITTING
IMPROVEMENT
COUNCIL’’ 
and inserting ‘‘FEDERAL PERMITTING IMPROVE-
MENT STEERING COUNCIL’’; 
(2) in subsection (b)(2)(A)— 
(A) in clause (i)— 
(i) by striking ‘‘Each’’ and inserting 
the following: 
‘‘(I) IN GENERAL.—Each’’; and 
(ii) by adding at the end the following: 
‘‘(II) REDESIGNATION.—If an in-
dividual listed in subparagraph (B) 
designates a different member to serve 
on the Council than the member des-
ignated under subclause (I), the indi-
vidual shall notify the Executive Direc-
tor of the designation by not later than 
30 days after the date on which the 
designation is made.’’; and
2286 
† HR 3684 EAS 
(B) in clause (iii)(II), by striking ‘‘a dep-
uty secretary (or the equivalent) or higher’’ and 
inserting 
‘‘the 
applicable 
agency 
councilmember’’; 
(3) in subsection (c)— 
(A) in paragraph (1)(C)(ii)— 
(i) by striking subclause (I) and insert-
ing the following: 
‘‘(I) IN GENERAL.—The perform-
ance schedules shall reflect employment 
of the most sound and efficient appli-
cable processes, including the align-
ment of Federal reviews of projects, re-
duction of permitting and project de-
livery time, and consideration of the 
best practices for public participa-
tion.’’; 
(ii) by redesignating subclause (II) as 
subclause (III); 
(iii) by inserting after subclause (I) the 
following: 
‘‘(II) GOAL.— 
‘‘(aa) IN GENERAL.—To the 
maximum extent practicable, and 
consistent with applicable Federal
2287 
† HR 3684 EAS 
law, the Executive Director, in 
consultation with the Council, 
shall aim to develop recommended 
performance 
schedules 
under 
clause (i) of not more than 2 
years. 
‘‘(bb) EXCEPTION.—If a rec-
ommended performance schedule 
developed under clause (i) exceeds 
2 years, the relevant agencies, in 
consultation with the Executive 
Director and the Council, shall ex-
plain in that recommended per-
formance schedule the factors that 
cause the environmental reviews 
and authorizations in that cat-
egory of covered projects to take 
longer than 2 years.’’; and 
(iv) in subclause (III)(bb) (as so redes-
ignated), by striking ‘‘on the basis of data 
from the preceding 2 calendar years’’ and 
inserting ‘‘based on relevant historical data, 
as determined by the Executive Director,’’; 
(B) in paragraph (2)(B)—
2288 
† HR 3684 EAS 
(i) in the matter preceding clause (i), 
by striking ‘‘later than’’ and all that follows 
through ‘‘practices for’’ and inserting ‘‘less 
frequently than annually, the Council shall 
issue recommendations on the best practices 
for improving the Federal permitting proc-
ess for covered projects, which may in-
clude’’; 
(ii) in clause (i)— 
(I) by striking ‘‘stakeholder en-
gagement, including fully considering’’ 
and inserting ‘‘stakeholder engagement, 
including— 
‘‘(II) fully considering’’; and 
(II) by inserting before subclause 
(II) (as added by subclause (I)) the fol-
lowing: 
‘‘(I) engaging with Native Amer-
ican stakeholders to ensure that project 
sponsors and agencies identify poten-
tial natural, archeological, and cul-
tural resources and locations of historic 
and religious significance in the area 
of a covered project; and’’;
2289 
† HR 3684 EAS 
(iii) in clause (vii), by striking ‘‘and’’ 
at the end; 
(iv) by redesignating clause (viii) as 
clause (x); and 
(v) by inserting after clause (vii) the 
following: 
‘‘(viii) in coordination with the Execu-
tive Director, improving preliminary en-
gagement with project sponsors in devel-
oping coordinated project plans; 
‘‘(ix) using programmatic assessments, 
templates, and other tools based on the best 
available science and data; and’’; and 
(C) in paragraph (3)(A), by inserting ‘‘, in-
cluding agency compliance with intermediate 
and final completion dates described in coordi-
nated project plans’’ after ‘‘authorizations’’; and 
(4) by striking subsection (d). 
(c) PERMITTING PROCESS IMPROVEMENT.—Section 
41003 of the FAST Act (42 U.S.C. 4370m–2) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by adding at the end 
the following: 
‘‘(D) CONFIDENTIALITY.—Any information 
relating to Native American natural, cultural,
2290 
† HR 3684 EAS 
and historical resources submitted in a notice by 
a project sponsor under subparagraph (A) shall 
be— 
‘‘(i) kept confidential; and 
‘‘(ii) exempt from the disclosure re-
quirements under section 552 of title 5, 
United States Code (commonly known as 
the ‘Freedom of Information Act’), and the 
Federal Advisory Committee Act (5 U.S.C. 
App.).’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), in the matter 
preceding clause (i), by striking ‘‘45 days’’ 
and inserting ‘‘21 calendar days’’; and 
(ii) in subparagraph (B), by inserting 
‘‘14 calendar day’’ before ‘‘deadline’’; and 
(C) in paragraph (3)(A), in the matter pre-
ceding clause (i), by inserting ‘‘and the Execu-
tive Director’’ after ‘‘as applicable,’’; 
(2) in subsection (b)— 
(A) in paragraph (2)(A), by adding at the 
end the following: 
‘‘(iii) PROJECTS
OTHER
THAN
COV-
ERED PROJECTS.—
2291 
† HR 3684 EAS 
‘‘(I) IN GENERAL.—The Executive 
Director may direct a lead agency to 
create a specific entry on the Dash-
board for a project that is not a cov-
ered project and is under review by the 
lead agency if the Executive Director 
determines that a Dashboard entry for 
that project is in the interest of trans-
parency. 
‘‘(II) REQUIREMENTS.—Not later 
than 14 days after the date on which 
the Executive Director directs the lead 
agency to create a specific entry on the 
Dashboard for a project described in 
subclause (I), the lead agency shall cre-
ate and maintain a specific entry on 
the Dashboard for the project that con-
tains— 
‘‘(aa) a comprehensive per-
mitting timetable, as described in 
subsection (c)(2)(A); 
‘‘(bb) the status of the com-
pliance of each lead agency, co-
operating agency, and partici-
pating agency with the permitting
2292 
† HR 3684 EAS 
timetable required under item 
(aa); 
‘‘(cc) any modifications of 
the permitting timetable required 
under item (aa), including an ex-
planation as to why the permit-
ting timetable was modified; and 
‘‘(dd) 
information 
about 
project-related 
public 
meetings, 
public hearings, and public com-
ment periods, which shall be pre-
sented in English and the pre-
dominant language of the commu-
nity or communities most affected 
by the project, as that information 
becomes available.’’; and 
(B) in paragraph (3)(A)— 
(i) in clause (i)— 
(I) in subclause (IV), by striking 
‘‘and’’ at the end; 
(II) by redesignating subclause 
(V) as subclause (VI); 
(III) by inserting after subclause 
(IV) the following:
2293 
† HR 3684 EAS 
‘‘(V) information on the status of 
mitigation measures that were agreed 
to as part of the environmental review 
and 
permitting 
process, 
including 
whether and when the mitigation 
measures have been fully implemented; 
and’’; and 
(IV) in subclause (VI) (as so re-
designated), by striking ‘‘and’’ at the 
end; 
(ii) in clause (ii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) information about project-related 
public meetings, public hearings, and public 
comment periods, which shall be presented 
in English and the predominant language 
of the community or communities most af-
fected by the project, as that information be-
comes available.’’; and 
(3) in subsection (c)(2)— 
(A) in subparagraph (A), strike ‘‘coordina-
tion’’ and insert ‘‘coordinated’’; 
(B) in subparagraph (D)(i)—
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† HR 3684 EAS 
(i) by redesignating subclauses (I) 
through (III) as subclauses (II) through 
(IV), respectively; 
(ii) by inserting before subclause (II) 
(as so redesignated) the following: 
‘‘(I) the facilitating or lead agen-
cy, as applicable, consults with the Ex-
ecutive Director regarding the poten-
tial modification not less than 15 days 
before engaging in the consultation 
under subclause (II);’’; and 
(iii) in subclause (II) (as so redesig-
nated), by inserting ‘‘, the Executive Direc-
tor,’’ after ‘‘participating agencies’’; and 
(C) in subparagraph (F)— 
(i) in clause (i)— 
(I) by inserting ‘‘intermediate 
and final’’ before ‘‘completion dates’’; 
and 
(II) by inserting ‘‘intermediate or 
final’’ before ‘‘completion date’’; and 
(ii) in clause (ii)— 
(I) in the matter preceding sub-
clause (I), by striking ‘‘a completion 
date for agency action on a covered
2295 
† HR 3684 EAS 
project or is at significant risk of fail-
ing to conform with’’ and inserting 
‘‘an intermediate or final completion 
date for agency action on a covered 
project or reasonably believes the agen-
cy will fail to conform with a comple-
tion date 30 days before’’; and 
(II) in subclause (I), by striking 
‘‘significantly risking failing to con-
form’’ and inserting ‘‘reasonably be-
lieving the agency will fail to con-
form’’. 
(d) COORDINATION OF REQUIRED REVIEWS.—Section 
41005 of the FAST Act (42 U.S.C. 4370m–4) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) where an environmental impact statement 
is required for a project, prepare a single, joint inter-
agency environmental impact statement for the 
project unless the lead agency provides justification in 
the coordinated project plan that multiple environ-
2296 
† HR 3684 EAS 
mental documents are more efficient for project review 
and authorization.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘(1) STATE
ENVIRON-
MENTAL
DOCUMENTS; 
SUPPLEMENTAL
DOCU-
MENTS.—’’; 
(B) by redesignating subparagraphs (A) 
through (E) as paragraphs (1) through (5), re-
spectively, and indenting appropriately; 
(C) in paragraph (1) (as so redesignated)— 
(i) by redesignating clauses (i) and (ii) 
as subparagraphs (A) and (B), respectively, 
and indenting appropriately; and 
(ii) in subparagraph (A) (as so redes-
ignated)— 
(I) by striking ‘‘State laws and 
procedures’’ and inserting ‘‘the laws 
and procedures of a State or Indian 
Tribe (as defined in section 102 of the 
Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5130))’’; 
and 
(II) by inserting ‘‘developed pur-
suant to laws and procedures of that 
State or Indian Tribe (as so defined)
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† HR 3684 EAS 
that are of equal or greater rigor to 
each applicable Federal law and proce-
dure, and’’ after ‘‘Council on Environ-
mental Quality,’’; 
(D) in paragraph (2) (as so redesignated), 
by striking ‘‘subparagraph (A)’’ each place it ap-
pears and inserting ‘‘paragraph (1)’’; 
(E) in paragraph (3) (as so redesignated)— 
(i) in the matter preceding clause (i), 
by striking ‘‘subparagraph (A)’’ and insert-
ing ‘‘paragraph (1)’’; and 
(ii) by redesignating clauses (i) and 
(ii) as subparagraphs (A) and (B), respec-
tively, and indenting appropriately; 
(F) in paragraph (4) (as so redesignated)— 
(i) in the matter preceding clause (i), 
by striking ‘‘subparagraph (C)’’ and insert-
ing ‘‘paragraph (3)’’; and 
(ii) by redesignating clauses (i) and 
(ii) as subparagraphs (A) and (B), respec-
tively, and indenting appropriately; and 
(G) in paragraph (5) (as so redesignated)— 
(i) by striking ‘‘subparagraph (A)’’ 
and inserting ‘‘paragraph (1)’’; and
2298 
† HR 3684 EAS 
(ii) by striking ‘‘subparagraph (C)’’ 
and inserting ‘‘paragraph (3)’’; 
(3) in subsection (c)(4)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘determines that the develop-
ment of the higher level of detail will not pre-
vent—’’ and inserting ‘‘determines that—’’; 
(B) in subparagraph (A), by inserting ‘‘the 
development of the higher level of detail will not 
prevent’’ before ‘‘the lead agency’’; and 
(C) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) the preferred and other alternatives 
are developed in sufficient detail to enable the 
public to comment on the alternatives.’’; 
(4) by redesignating subsection (f) as subsection 
(g); and 
(5) by inserting after subsection (e) the following: 
‘‘(f) RECORD OF DECISION.—When an environmental 
impact statement is prepared, Federal agencies must, to the 
maximum extent practicable, issue a record of decision not 
later than 90 days after the date on which the final environ-
mental impact statement is issued.’’.
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† HR 3684 EAS 
(e) LITIGATION, JUDICIAL REVIEW, AND SAVINGS PRO-
VISION.—Section 41007 of the FAST Act (42 U.S.C. 
4370m–6) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘the action’’ and insert-
ing ‘‘the claim’’; and 
(ii) by striking ‘‘of the final record of 
decision or approval or denial of a permit’’ 
and inserting ‘‘of notice of final agency ac-
tion on the authorization’’; and 
(B) in subparagraph (B)(i), by striking 
‘‘the action’’ and inserting ‘‘the claim’’; and 
(2) in subsection (e), in the matter preceding 
paragraph (1), by striking ‘‘this section’’ and insert-
ing ‘‘this title’’. 
(f) REPORTS.—Section 41008 of the FAST Act (42 
U.S.C. 4370m–7) is amended by striking subsection (a) and 
inserting the following: 
‘‘(a) REPORTS TO CONGRESS.— 
‘‘(1) EXECUTIVE DIRECTOR ANNUAL REPORT.— 
‘‘(A) IN GENERAL.—Not later than April 15 
of each year for 10 years beginning on the date 
of enactment of the Infrastructure Investment 
and Jobs Act, the Executive Director shall sub-
2300 
† HR 3684 EAS 
mit to Congress a report detailing the progress 
accomplished under this title during the previous 
fiscal year. 
‘‘(B) OPPORTUNITY
TO
INCLUDE
COM-
MENTS.—Each councilmember, with input from 
the respective agency CERPO, shall have the op-
portunity to include comments concerning the 
performance of the agency in the report described 
in subparagraph (A). 
‘‘(2) QUARTERLY
AGENCY
PERFORMANCE
RE-
PORT.—The Executive Director shall submit to Con-
gress a quarterly report evaluating agency compliance 
with the provisions of this title, which shall include 
a description of the implementation and adherence of 
each agency to the coordinated project plan and per-
mitting 
timetable 
requirements 
under 
section 
41003(c). 
‘‘(3) AGENCY
BEST
PRACTICES
REPORT.—Not 
later than April 15 of each year, each participating 
agency and lead agency shall submit to Congress and 
the Director of the Office of Management and Budget 
a report assessing the performance of the agency in 
implementing the best practices described in section 
41002(c)(2)(B).’’.
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† HR 3684 EAS 
(g) FUNDING
FOR GOVERNANCE, OVERSIGHT, AND 
PROCESSING
OF ENVIRONMENTAL REVIEWS
AND PER-
MITS.—Section 41009 of the FAST Act (42 U.S.C. 4370m– 
8) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—For the purpose of carrying out 
this title, the Executive Director, in consultation with the 
heads of the agencies listed in section 41002(b)(2)(B) and 
with the guidance of the Director of the Office of Manage-
ment and Budget, may, after public notice and opportunity 
for comment, issue regulations establishing a fee structure 
for sponsors of covered projects to reimburse the United 
States for reasonable costs incurred in conducting environ-
mental reviews and authorizations for covered projects.’’; 
(2) in subsection (b), by striking ‘‘and 41003’’ 
and inserting ‘‘through 41008’’; and 
(3) in subsection (d)— 
(A) in the subsection heading, by striking 
‘‘AND PERMITTING’’; and 
(B) by striking paragraphs (2) and (3) and 
inserting the following: 
‘‘(2) AVAILABILITY.—Amounts in the Fund shall 
be available to the Executive Director, without fiscal 
year limitation, solely for the purposes of admin-
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† HR 3684 EAS 
istering, implementing, and enforcing this title, in-
cluding the expenses of the Council, staffing of the Of-
fice of the Executive Director, and support of the role 
of the Council as a Federal center for permitting ex-
cellence, which may include supporting interagency 
detailee and rotation opportunities, advanced train-
ing, enhanced support for agency project managers, 
and fora for sharing information and lessons learned. 
‘‘(3) TRANSFER.—For the purpose of carrying 
out this title, the Executive Director, with the ap-
proval of the Director of the Office of Management 
and Budget, may transfer amounts in the Fund to 
other Federal agencies and State, Tribal, and local 
governments to facilitate timely and efficient environ-
mental reviews and authorizations for covered projects 
and other projects under this title, including direct 
reimbursement agreements with agency CERPOs, re-
imbursable agreements, and approval and consulta-
tion processes and staff for covered projects.’’. 
(h) SUNSET.—Section 41013 of the FAST Act (42 
U.S.C. 4370m–12) is repealed. 
(i) 
TECHNICAL
CORRECTION.—Section 
41002(b)(2)(A)(ii) of the FAST Act (42 U.S.C. 4370m– 
1(b)(2)(A)(ii)) is amended by striking ‘‘councilmem-ber’’ 
and inserting ‘‘councilmember’’.
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† HR 3684 EAS 
(j) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the FAST Act (Public Law 114–94; 129 Stat. 
1319) is amended by striking the item relating to section 
41002 and inserting the following: 
‘‘Sec. 41002. Federal Permitting Improvement Steering Council.’’. 
TITLE IX—BUILD AMERICA, BUY 
AMERICA 
Subtitle A—Build America, Buy 
America 
SEC. 70901. SHORT TITLE. 
This subtitle may be cited as the ‘‘Build America, Buy 
America Act’’. 
PART I—BUY AMERICA SOURCING 
REQUIREMENTS 
SEC. 70911. FINDINGS. 
Congress finds that— 
(1) the United States must make significant in-
vestments to install, upgrade, or replace the public 
works infrastructure of the United States; 
(2) with respect to investments in the infrastruc-
ture of the United States, taxpayers expect that their 
public works infrastructure will be produced in the 
United States by American workers; 
(3) United States taxpayer dollars invested in 
public infrastructure should not be used to reward 
companies that have moved their operations, invest-
2304 
† HR 3684 EAS 
ment dollars, and jobs to foreign countries or foreign 
factories, particularly those that do not share or open-
ly flout the commitments of the United States to envi-
ronmental, worker, and workplace safety protections; 
(4) in procuring materials for public works 
projects, entities using taxpayer-financed Federal as-
sistance should give a commonsense procurement pref-
erence for the materials and products produced by 
companies and workers in the United States in ac-
cordance with the high ideals embodied in the envi-
ronmental, worker, workplace safety, and other regu-
latory requirements of the United States; 
(5) common construction materials used in pub-
lic works infrastructure projects, including steel, iron, 
manufactured products, non-ferrous metals, plastic 
and 
polymer-based 
products 
(including 
polyvinylchloride, composite building materials, and 
polymers used in fiber optic cables), glass (including 
optic glass), lumber, and drywall are not adequately 
covered by a domestic content procurement preference, 
thus limiting the impact of taxpayer purchases to en-
hance supply chains in the United States; 
(6) the benefits of domestic content procurement 
preferences extend beyond economics;
2305 
† HR 3684 EAS 
(7) by incentivizing domestic manufacturing, do-
mestic content procurement preferences reinvest tax 
dollars in companies and processes using the highest 
labor and environmental standards in the world; 
(8) strong domestic content procurement pref-
erence policies act to prevent shifts in production to 
countries that rely on production practices that are 
significantly less energy efficient and far more pol-
luting than those in the United States; 
(9) for over 75 years, Buy America and other do-
mestic content procurement preference laws have been 
part of the United States procurement policy, ensur-
ing that the United States can build and rebuild the 
infrastructure of the United States with high-quality 
American-made materials; 
(10) before the date of enactment of this Act, a 
domestic content procurement preference requirement 
may not apply, may apply only to a narrow scope 
of products and materials, or may be limited by 
waiver with respect to many infrastructure programs, 
which necessitates a review of such programs, includ-
ing programs for roads, highways, and bridges, public 
transportation, dams, ports, harbors, and other mari-
time facilities, intercity passenger and freight rail-
roads, freight and intermodal facilities, airports,
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† HR 3684 EAS 
water systems, including drinking water and waste-
water systems, electrical transmission facilities and 
systems, utilities, broadband infrastructure, and 
buildings and real property; 
(11) Buy America laws create demand for do-
mestically produced goods, helping to sustain and 
grow domestic manufacturing and the millions of jobs 
domestic manufacturing supports throughout product 
supply chains; 
(12) as of the date of enactment of this Act, do-
mestic content procurement preference policies apply 
to all Federal Government procurement and to var-
ious Federal-aid infrastructure programs; 
(13) a robust domestic manufacturing sector is a 
vital component of the national security of the United 
States; 
(14) as more manufacturing operations of the 
United States have moved offshore, the strength and 
readiness of the defense industrial base of the United 
States has been diminished; and 
(15) domestic content procurement preference 
laws— 
(A) are fully consistent with the inter-
national obligations of the United States; and
2307 
† HR 3684 EAS 
(B) together with the government procure-
ments to which the laws apply, are important le-
vers for ensuring that United States manufactur-
ers can access the government procurement mar-
kets of the trading partners of the United States. 
SEC. 70912. DEFINITIONS. 
In this part: 
(1) DEFICIENT PROGRAM.—The term ‘‘deficient 
program’’ means a program identified by the head of 
a Federal agency under section 70913(c). 
(2) DOMESTIC
CONTENT
PROCUREMENT
PREF-
ERENCE.—The term ‘‘domestic content procurement 
preference’’ means a requirement that no amounts 
made available through a program for Federal finan-
cial assistance may be obligated for a project unless— 
(A) all iron and steel used in the project are 
produced in the United States; 
(B) the manufactured products used in the 
project are produced in the United States; or 
(C) the construction materials used in the 
project are produced in the United States. 
(3) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means any authority of the United States that is 
an ‘‘agency’’ (as defined in section 3502 of title 44,
2308 
† HR 3684 EAS 
United States Code), other than an independent regu-
latory agency (as defined in that section). 
(4) FEDERAL FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—The term ‘‘Federal fi-
nancial assistance’’ has the meaning given the 
term in section 200.1 of title 2, Code of Federal 
Regulations (or successor regulations). 
(B) INCLUSION.—The term ‘‘Federal finan-
cial assistance’’ includes all expenditures by a 
Federal agency to a non-Federal entity for an 
infrastructure project, except that it does not in-
clude expenditures for assistance authorized 
under section 402, 403, 404, 406, 408, or 502 of 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170a, 5170b, 
5170c, 5172, 5174, or 5192) relating to a major 
disaster or emergency declared by the President 
under section 401 or 501, respectively, of such 
Act (42 U.S.C. 5170, 5191) or pre and post dis-
aster or emergency response expenditures. 
(5) INFRASTRUCTURE.—The term ‘‘infrastruc-
ture’’ includes, at a minimum, the structures, facili-
ties, and equipment for, in the United States— 
(A) roads, highways, and bridges; 
(B) public transportation;
2309 
† HR 3684 EAS 
(C) dams, ports, harbors, and other mari-
time facilities; 
(D) intercity passenger and freight rail-
roads; 
(E) freight and intermodal facilities; 
(F) airports; 
(G) water systems, including drinking 
water and wastewater systems; 
(H) electrical transmission facilities and 
systems; 
(I) utilities; 
(J) broadband infrastructure; and 
(K) buildings and real property. 
(6) PRODUCED IN THE UNITED STATES.—The 
term ‘‘produced in the United States’’ means— 
(A) in the case of iron or steel products, 
that all manufacturing processes, from the ini-
tial melting stage through the application of 
coatings, occurred in the United States; 
(B) in the case of manufactured products, 
that— 
(i) the manufactured product was 
manufactured in the United States; and 
(ii) the cost of the components of the 
manufactured product that are mined, pro-
2310 
† HR 3684 EAS 
duced, or manufactured in the United 
States is greater than 55 percent of the total 
cost of all components of the manufactured 
product, unless another standard for deter-
mining the minimum amount of domestic 
content of the manufactured product has 
been established under applicable law or 
regulation; and 
(C) in the case of construction materials, 
that all manufacturing processes for the con-
struction material occurred in the United States. 
(7) PROJECT.—The term ‘‘project’’ means the 
construction, alteration, maintenance, or repair of in-
frastructure in the United States. 
SEC. 70913. IDENTIFICATION OF DEFICIENT PROGRAMS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the head of each Federal agen-
cy shall— 
(1) submit to the Office of Management and 
Budget and to Congress, including a separate notice 
to each appropriate congressional committee, a report 
that identifies each Federal financial assistance pro-
gram for infrastructure administered by the Federal 
agency; and
2311 
† HR 3684 EAS 
(2) publish in the Federal Register the report 
under paragraph (1). 
(b) REQUIREMENTS.—In the report under subsection 
(a), the head of each Federal agency shall, for each Federal 
financial assistance program— 
(1) identify all domestic content procurement 
preferences applicable to the Federal financial assist-
ance; 
(2) assess the applicability of the domestic con-
tent procurement preference requirements, includ-
ing— 
(A) section 313 of title 23, United States 
Code; 
(B) section 5323(j) of title 49, United States 
Code; 
(C) section 22905(a) of title 49, United 
States Code; 
(D) section 50101 of title 49, United States 
Code; 
(E) section 603 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1388); 
(F) section 1452(a)(4) of the Safe Drinking 
Water Act (42 U.S.C. 300j–12(a)(4));
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† HR 3684 EAS 
(G) section 5035 of the Water Infrastructure 
Finance and Innovation Act of 2014 (33 U.S.C. 
3914); 
(H) any domestic content procurement pref-
erence included in an appropriations Act; and 
(I) any other domestic content procurement 
preference in Federal law (including regula-
tions); 
(3) provide details on any applicable domestic 
content procurement preference requirement, includ-
ing the purpose, scope, applicability, and any excep-
tions and waivers issued under the requirement; and 
(4) include a description of the type of infra-
structure projects that receive funding under the pro-
gram, including information relating to— 
(A) the number of entities that are partici-
pating in the program; 
(B) the amount of Federal funds that are 
made available for the program for each fiscal 
year; and 
(C) any other information the head of the 
Federal agency determines to be relevant. 
(c) LIST OF DEFICIENT PROGRAMS.—In the report 
under subsection (a), the head of each Federal agency shall 
include a list of Federal financial assistance programs for
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† HR 3684 EAS 
infrastructure identified under that subsection for which a 
domestic content procurement preference requirement— 
(1) does not apply in a manner consistent with 
section 70914; or 
(2) is subject to a waiver of general applicability 
not limited to the use of specific products for use in 
a specific project. 
SEC. 70914. APPLICATION OF BUY AMERICA PREFERENCE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the head of each Federal agen-
cy shall ensure that none of the funds made available for 
a Federal financial assistance program for infrastructure, 
including each deficient program, may be obligated for a 
project unless all of the iron, steel, manufactured products, 
and construction materials used in the project are produced 
in the United States. 
(b) WAIVER.—The head of a Federal agency that ap-
plies a domestic content procurement preference under this 
section may waive the application of that preference in any 
case in which the head of the Federal agency finds that— 
(1) applying the domestic content procurement 
preference would be inconsistent with the public inter-
est; 
(2) types of iron, steel, manufactured products, 
or construction materials are not produced in the
2314 
† HR 3684 EAS 
United States in sufficient and reasonably available 
quantities or of a satisfactory quality; or 
(3) the inclusion of iron, steel, manufactured 
products, or construction materials produced in the 
United States will increase the cost of the overall 
project by more than 25 percent. 
(c) WRITTEN JUSTIFICATION.—Before issuing a waiv-
er under subsection (b), the head of the Federal agency 
shall— 
(1) make publicly available in an easily acces-
sible location on a website designated by the Office of 
Management and Budget and on the website of the 
Federal agency a detailed written explanation for the 
proposed determination to issue the waiver; and 
(2) provide a period of not less than 15 days for 
public comment on the proposed waiver. 
(d) REVIEW
OF WAIVERS
OF GENERAL APPLICA-
BILITY.— 
(1) IN GENERAL.—An existing general applica-
bility waiver or a general applicability waiver issued 
under subsection (b) shall be reviewed every 5 years 
after the date on which the waiver is issued. 
(2) REVIEW.—In conducting a review of a gen-
eral applicability waiver, the head of a Federal agen-
cy shall—
2315 
† HR 3684 EAS 
(A) publish in the Federal Register a notice 
that— 
(i) describes the justification for a gen-
eral applicability waiver; and 
(ii) requests public comments for a pe-
riod of not less than 30 days on the contin-
ued need for a general applicability waiver; 
and 
(B) publish in the Federal Register a deter-
mination on whether to continue or discontinue 
the general applicability waiver, taking into ac-
count the comments received in response to the 
notice published under subparagraph (A). 
(3) LIMITATION ON THE REVIEW OF EXISTING 
WAIVERS OF GENERAL APPLICABILITY.—For a period 
of 5 years beginning on the date of enactment of this 
Act, paragraphs (1) and (2) shall not apply to any 
product-specific general applicability waiver that was 
issued more than 180 days before the date of enact-
ment of this Act. 
(e) CONSISTENCY
WITH
INTERNATIONAL
AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements.
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† HR 3684 EAS 
SEC. 70915. OMB GUIDANCE AND STANDARDS. 
(a) GUIDANCE.—The Director of the Office of Manage-
ment and Budget shall— 
(1) issue guidance to the head of each Federal 
agency— 
(A) to assist in identifying deficient pro-
grams under section 70913(c); and 
(B) to assist in applying new domestic con-
tent procurement preferences under section 
70914; and 
(2) if necessary, amend subtitle A of title 2, Code 
of Federal Regulations (or successor regulations), to 
ensure that domestic content procurement preference 
requirements required by this part or other Federal 
law are imposed through the terms and conditions of 
awards of Federal financial assistance. 
(b) STANDARDS FOR CONSTRUCTION MATERIALS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Director of the 
Office of Management and Budget shall issue stand-
ards that define the term ‘‘all manufacturing proc-
esses’’ in the case of construction materials. 
(2) CONSIDERATIONS.—In issuing standards 
under paragraph (1), the Director shall— 
(A) ensure that the standards require that 
each manufacturing process required for the
2317 
† HR 3684 EAS 
manufacture of the construction material and the 
inputs of the construction material occurs in the 
United States; and 
(B) take into consideration and seek to 
maximize the direct and indirect jobs benefited 
or created in the production of the construction 
material. 
SEC. 70916. TECHNICAL ASSISTANCE PARTNERSHIP AND 
CONSULTATION SUPPORTING DEPARTMENT 
OF 
TRANSPORTATION 
BUY 
AMERICA 
RE-
QUIREMENTS. 
(a) DEFINITIONS.—In this section: 
(1) BUY AMERICA LAW.—The term ‘‘Buy Amer-
ica law’’ means— 
(A) section 313 of title 23, United States 
Code; 
(B) section 5323(j) of title 49, United States 
Code; 
(C) section 22905(a) of title 49, United 
States Code; 
(D) section 50101 of title 49, United States 
Code; and 
(E) any other domestic content procurement 
preference for an infrastructure project under the 
jurisdiction of the Secretary.
2318 
† HR 3684 EAS 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) TECHNICAL ASSISTANCE PARTNERSHIP.—Not later 
than 90 days after the date of the enactment of this Act, 
the Secretary shall enter into a technical assistance part-
nership with the Secretary of Commerce, acting through the 
Director of the National Institute of Standards and Tech-
nology— 
(1) to ensure the development of a domestic sup-
ply base to support intermodal transportation in the 
United States, such as intercity high speed rail trans-
portation, public transportation systems, highway 
construction or reconstruction, airport improvement 
projects, and other infrastructure projects under the 
jurisdiction of the Secretary; 
(2) to ensure compliance with Buy America laws 
that apply to a project that receives assistance from 
the Federal Highway Administration, the Federal 
Transit Administration, the Federal Railroad Ad-
ministration, the Federal Aviation Administration, or 
another office or modal administration of the Sec-
retary of Transportation; 
(3) to encourage technologies developed with the 
support of and resources from the Secretary to be
2319 
† HR 3684 EAS 
transitioned into commercial market and applica-
tions; and 
(4) to establish procedures for consultation under 
subsection (c). 
(c) CONSULTATION.—Before granting a written waiver 
under a Buy America law, the Secretary shall consult with 
the Director of the Hollings Manufacturing Extension Part-
nership regarding whether there is a domestic entity that 
could provide the iron, steel, manufactured product, or con-
struction material that is the subject of the proposed waiver. 
(d) ANNUAL REPORT.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the 
Secretary shall submit to the Committee on Commerce, 
Science, and Transportation, the Committee on Banking, 
Housing, and Urban Affairs, the Committee on Environ-
ment and Public Works, and the Committee on Homeland 
Security and Governmental Affairs of the Senate and the 
Committee on Transportation and Infrastructure and the 
Committee on Oversight and Reform of the House of Rep-
resentatives a report that includes— 
(1) a detailed description of the consultation pro-
cedures developed under subsection (b)(4); 
(2) a detailed description of each waiver re-
quested under a Buy America law in the preceding
2320 
† HR 3684 EAS 
year that was subject to consultation under subsection 
(c), and the results of the consultation; 
(3) a detailed description of each waiver granted 
under a Buy America law in the preceding year, in-
cluding the type of waiver and the reasoning for 
granting the waiver; and 
(4) an update on challenges and gaps in the do-
mestic supply base identified in carrying out sub-
section (b)(1), including a list of actions and policy 
changes the Secretary recommends be taken to address 
those challenges and gaps. 
SEC. 70917. APPLICATION. 
(a) IN GENERAL.—This part shall apply to a Federal 
financial assistance program for infrastructure only to the 
extent that a domestic content procurement preference as 
described in section 70914 does not already apply to iron, 
steel, manufactured products, and construction materials. 
(b) SAVINGS PROVISION.—Nothing in this part affects 
a domestic content procurement preference for a Federal fi-
nancial assistance program for infrastructure that is in ef-
fect and that meets the requirements of section 70914. 
(c) LIMITATION WITH RESPECT TO AGGREGATES.—In 
this part— 
(1) the term ‘‘construction materials’’ shall not 
include cement and cementitious materials, aggregates
2321 
† HR 3684 EAS 
such as stone, sand, or gravel, or aggregate binding 
agents or additives; and 
(2) the standards developed under section 
70915(b)(1) shall not include cement and cementi-
tious materials, aggregates such as stone, sand, or 
gravel, or aggregate binding agents or additives as in-
puts of the construction material. 
PART II—MAKE IT IN AMERICA 
SEC. 70921. REGULATIONS RELATING TO BUY AMERICAN 
ACT. 
(a) IN GENERAL.—Not later than 1 year after the date 
of the enactment of this Act, the Director of the Office of 
Management and Budget (‘‘Director’’), acting through the 
Administrator for Federal Procurement Policy and, in con-
sultation with the Federal Acquisition Regulatory Council, 
shall promulgate final regulations or other policy or man-
agement guidance, as appropriate, to standardize and sim-
plify how Federal agencies comply with, report on, and en-
force the Buy American Act. The regulations or other policy 
or management guidance shall include, at a minimum, the 
following: 
(1) Guidelines for Federal agencies to determine, 
for the purposes of applying sections 8302(a) and 
8303(b)(3) of title 41, United States Code, the cir-
cumstances under which the acquisition of articles,
2322 
† HR 3684 EAS 
materials, or supplies mined, produced, or manufac-
tured in the United States is inconsistent with the 
public interest. 
(2) Guidelines to ensure Federal agencies base 
determinations of non-availability on appropriate 
considerations, including anticipated project delays 
and lack of substitutable articles, materials, and sup-
plies mined, produced, or manufactured in the United 
States, when making determinations of non-avail-
ability under section 8302(a)(1) of title 41, United 
States Code. 
(3)(A) Uniform procedures for each Federal 
agency to make publicly available, in an easily iden-
tifiable location on the website of the agency, and 
within the following time periods, the following infor-
mation: 
(i) A written description of the cir-
cumstances in which the head of the agency may 
waive the requirements of the Buy American Act. 
(ii) Each waiver made by the head of the 
agency within 30 days after making such waiv-
er, including a justification with sufficient detail 
to explain the basis for the waiver. 
(B) The procedures established under this para-
graph shall ensure that the head of an agency, in con-
2323 
† HR 3684 EAS 
sultation with the head of the Made in America Office 
established under section 70923(a), may limit the 
publication of classified information, trade secrets, or 
other information that could damage the United 
States. 
(4) Guidelines for Federal agencies to ensure that 
a project is not disaggregated for purposes of avoiding 
the applicability of the requirements under the Buy 
American Act. 
(5) An increase to the price preferences for do-
mestic end products and domestic construction mate-
rials. 
(6) Amending the definitions of ‘‘domestic end 
product’’ and ‘‘domestic construction material’’ to en-
sure that iron and steel products are, to the greatest 
extent possible, made with domestic components. 
(b) GUIDELINES RELATING TO WAIVERS.— 
(1) INCONSISTENCY WITH PUBLIC INTEREST.— 
(A) IN
GENERAL.—With respect to the 
guidelines developed under subsection (a)(1), the 
Administrator shall seek to minimize waivers re-
lated to contract awards that— 
(i) result in a decrease in employment 
in the United States, including employment
2324 
† HR 3684 EAS 
among entities that manufacture the arti-
cles, materials, or supplies; or 
(ii) result in awarding a contract that 
would decrease domestic employment. 
(B) COVERED EMPLOYMENT.—For purposes 
of subparagraph (A), employment refers to posi-
tions directly involved in the manufacture of ar-
ticles, materials, or supplies, and does not in-
clude positions related to management, research 
and development, or engineering and design. 
(2) ASSESSMENT ON USE OF DUMPED OR SUB-
SIDIZED FOREIGN PRODUCTS.— 
(A) IN GENERAL.—To the extent otherwise 
permitted by law, before granting a waiver in 
the public interest to the guidelines developed 
under subsection (a)(1) with respect to a product 
sourced from a foreign country, a Federal agency 
shall assess whether a significant portion of the 
cost advantage of the product is the result of the 
use of dumped steel, iron, or manufactured goods 
or the use of injuriously subsidized steel, iron, or 
manufactured goods. 
(B) CONSULTATION.—The Federal agency 
conducting the assessment under subparagraph 
(A) shall consult with the International Trade
2325 
† HR 3684 EAS 
Administration in making the assessment if the 
agency considers such consultation to be helpful. 
(C) USE OF FINDINGS.—The Federal agency 
conducting the assessment under subparagraph 
(A) shall integrate any findings from the assess-
ment into its waiver determination. 
(c) SENSE OF CONGRESS ON INCREASING DOMESTIC 
CONTENT REQUIREMENTS.—It is the sense of Congress that 
the Federal Acquisition Regulatory Council should amend 
the Federal Acquisition Regulation to increase the domestic 
content requirements for domestic end products and domes-
tic construction material to 75 percent, or, in the event of 
no qualifying offers, 60 percent. 
(d) DEFINITION OF END PRODUCT MANUFACTURED IN 
THE UNITED STATES.—Not later than 1 year after the date 
of the enactment of this Act, the Federal Acquisition Regu-
latory Council shall amend part 25 of the Federal Acquisi-
tion Regulation to provide a definition for ‘‘end product 
manufactured in the United States,’’ including guidelines 
to ensure that manufacturing processes involved in produc-
tion of the end product occur domestically. 
SEC. 70922. AMENDMENTS RELATING TO BUY AMERICAN 
ACT. 
(a) SPECIAL RULES RELATING TO AMERICAN MATE-
RIALS REQUIRED FOR PUBLIC USE.—Section 8302 of title
2326 
† HR 3684 EAS 
41, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(c) SPECIAL RULES.—The following rules apply in 
carrying out the provisions of subsection (a): 
‘‘(1) IRON AND STEEL MANUFACTURED IN THE 
UNITED STATES.—For purposes of this section, manu-
factured articles, materials, and supplies of iron and 
steel are deemed manufactured in the United States 
only if all manufacturing processes involved in the 
production of such iron and steel, from the initial 
melting stage through the application of coatings, oc-
curs in the United States. 
‘‘(2) LIMITATION ON EXCEPTION FOR COMMER-
CIALLY AVAILABLE OFF-THE-SHELF ITEMS.—Notwith-
standing any law or regulation to the contrary, in-
cluding section 1907 of this title and the Federal Ac-
quisition Regulation, the requirements of this section 
apply to all iron and steel articles, materials, and 
supplies.’’. 
(b) PRODUCTION OF IRON AND STEEL FOR PURPOSES 
OF CONTRACTS FOR PUBLIC WORKS.—Section 8303 of title 
41, United States Code, is amended— 
(1) by redesignating subsection (c) as subsection 
(d); and
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† HR 3684 EAS 
(2) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) SPECIAL RULES.— 
‘‘(1) PRODUCTION
OF
IRON
AND
STEEL.—For 
purposes of this section, manufactured articles, mate-
rials, and supplies of iron and steel are deemed man-
ufactured in the United States only if all manufac-
turing processes involved in the production of such 
iron and steel, from the initial melting stage through 
the application of coatings, occurs in the United 
States. 
‘‘(2) LIMITATION ON EXCEPTION FOR COMMER-
CIALLY AVAILABLE OFF-THE-SHELF ITEMS.—Notwith-
standing any law or regulation to the contrary, in-
cluding section 1907 of this title and the Federal Ac-
quisition Regulation, the requirements of this section 
apply to all iron and steel articles, materials, and 
supplies used in contracts described in subsection 
(a).’’. 
(c) ANNUAL REPORT.—Subsection (b) of section 8302 
of title 41, United States Code, is amended to read as fol-
lows: 
‘‘(b) REPORTS.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the end of the fiscal year during which the Build
2328 
† HR 3684 EAS 
America, Buy America Act is enacted, and annually 
thereafter for 4 years, the Director of the Office of 
Management and Budget, in consultation with the 
Administrator of General Services, shall submit to the 
Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Oversight 
and Reform of the House of Representatives a report 
on the total amount of acquisitions made by Federal 
agencies in the relevant fiscal year of articles, mate-
rials, or supplies acquired from entities that mine, 
produce, or manufacture the articles, materials, or 
supplies outside the United States. 
‘‘(2) EXCEPTION
FOR
INTELLIGENCE
COMMU-
NITY.—This subsection does not apply to acquisitions 
made by an agency, or component of an agency, that 
is an element of the intelligence community as speci-
fied in, or designated under, section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003).’’. 
(d) DEFINITION.—Section 8301 of title 41, United 
States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(3) FEDERAL
AGENCY.—The term ‘Federal 
agency’ has the meaning given the term ‘executive 
agency’ in section 133 of this title.’’.
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† HR 3684 EAS 
(e) CONFORMING AMENDMENTS.—Title 41, United 
States Code, is amended— 
(1) in section 8302(a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘department or inde-
pendent establishment’’ and inserting ‘‘Fed-
eral agency’’; and 
(ii) by striking ‘‘their acquisition to be 
inconsistent with the public interest or their 
cost to be unreasonable’’ and inserting 
‘‘their acquisition to be inconsistent with 
the public interest, their cost to be unrea-
sonable, or that the articles, materials, or 
supplies of the class or kind to be used, or 
the articles, materials, or supplies from 
which they are manufactured, are not 
mined, produced, or manufactured in the 
United States in sufficient and reasonably 
available commercial quantities and of a 
satisfactory quality’’; and 
(B) in paragraph (2), by amending sub-
paragraph (B) to read as follows: 
‘‘(B) to any articles, materials, or supplies 
procured pursuant to a reciprocal defense pro-
curement memorandum of understanding (as de-
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† HR 3684 EAS 
scribed in section 8304 of this title), or a trade 
agreement or least developed country designation 
described in subpart 25.400 of the Federal Acqui-
sition Regulation; and’’; and 
(2) in section 8303— 
(A) in subsection (b)— 
(i) by striking ‘‘department or inde-
pendent establishment’’ each place it ap-
pears and inserting ‘‘Federal agency’’; 
(ii) by amending subparagraph (B) of 
paragraph (1) to read as follows: 
‘‘(B) to any articles, materials, or supplies 
procured pursuant to a reciprocal defense pro-
curement memorandum of understanding (as de-
scribed in section 8304), or a trade agreement or 
least developed country designation described in 
subpart 25.400 of the Federal Acquisition Regu-
lation; and’’; and 
(iii) in paragraph (3)— 
(I) in the heading, by striking 
‘‘INCONSISTENT
WITH
PUBLIC
INTER-
EST’’ and inserting ‘‘WAIVER AUTHOR-
ITY’’; and 
(II) by striking ‘‘their purchase to 
be inconsistent with the public interest
2331 
† HR 3684 EAS 
or their cost to be unreasonable’’ and 
inserting ‘‘their acquisition to be in-
consistent with the public interest, 
their cost to be unreasonable, or that 
the articles, materials, or supplies of 
the class or kind to be used, or the arti-
cles, materials, or supplies from which 
they are manufactured, are not mined, 
produced, or manufactured in the 
United States in sufficient and reason-
ably available commercial quantities 
and of a satisfactory quality’’; and 
(B) in subsection (d), as redesignated by 
subsection (b)(1) of this section, by striking ‘‘de-
partment, bureau, agency, or independent estab-
lishment’’ each place it appears and inserting 
‘‘Federal agency’’. 
(f) EXCLUSION FROM INFLATION ADJUSTMENT OF AC-
QUISITION-RELATED
DOLLAR
THRESHOLDS.—Subpara-
graph (A) of section 1908(b)(2) of title 41, United States 
Code, is amended by striking ‘‘chapter 67’’ and inserting 
‘‘chapters 67 and 83’’. 
SEC. 70923. MADE IN AMERICA OFFICE. 
(a) ESTABLISHMENT.—The Director of the Office of 
Management and Budget shall establish within the Office
2332 
† HR 3684 EAS 
of Management and Budget an office to be known as the 
‘‘Made in America Office’’. The head of the office shall be 
appointed by the Director of the Office of Management and 
Budget (in this section referred to as the ‘‘Made in America 
Director’’). 
(b) DUTIES.—The Made in America Director shall 
have the following duties: 
(1) Maximize and enforce compliance with do-
mestic preference statutes. 
(2) Develop and implement procedures to review 
waiver requests or inapplicability requests related to 
domestic preference statutes. 
(3) Prepare the reports required under sub-
sections (c) and (e). 
(4) Ensure that Federal contracting personnel, 
financial assistance personnel, and non-Federal re-
cipients are regularly trained on obligations under 
the Buy American Act and other agency-specific do-
mestic preference statutes. 
(5) Conduct the review of reciprocal defense 
agreements required under subsection (d). 
(6) Ensure that Federal agencies, Federal finan-
cial assistance recipients, and the Hollings Manufac-
turing Extension Partnership partner with each other
2333 
† HR 3684 EAS 
to promote compliance with domestic preference stat-
utes. 
(7) Support executive branch efforts to develop 
and sustain a domestic supply base to meet Federal 
procurement requirements. 
(c) OFFICE OF MANAGEMENT AND BUDGET REPORT.— 
Not later than 1 year after the date of the enactment of 
this Act, the Director of the Office of Management and 
Budget, working through the Made in America Director, 
shall report to the relevant congressional committees on the 
extent to which, in each of the three fiscal years prior to 
the date of enactment of this Act, articles, materials, or sup-
plies acquired by the Federal Government were mined, pro-
duced, or manufactured outside the United States. Such re-
port shall include for each Federal agency the following: 
(1) A summary of total procurement funds ex-
pended on articles, materials, and supplies mined, 
produced, or manufactured— 
(A) inside the United States; 
(B) outside the United States; and 
(C) outside the United States— 
(i) under each category of waiver 
under the Buy American Act; 
(ii) under each category of exception 
under such chapter; and
2334 
† HR 3684 EAS 
(iii) for each country that mined, pro-
duced, or manufactured such articles, mate-
rials, and supplies. 
(2) For each fiscal year covered by the report— 
(A) the dollar value of any articles, mate-
rials, or supplies that were mined, produced, or 
manufactured outside the United States, in the 
aggregate and by country; 
(B) an itemized list of all waivers made 
under the Buy American Act with respect to ar-
ticles, materials, or supplies, where available, 
and the country where such articles, materials, 
or supplies were mined, produced, or manufac-
tured; 
(C) if any articles, materials, or supplies 
were acquired from entities that mine, produce, 
or manufacture such articles, materials, or sup-
plies outside the United States due to an excep-
tion (that is not the micro-purchase threshold ex-
ception described under section 8302(a)(2)(C) of 
title 41, United States Code), the specific excep-
tion that was used to purchase such articles, ma-
terials, or supplies; and 
(D) if any articles, materials, or supplies 
were acquired from entities that mine, produce,
2335 
† HR 3684 EAS 
or manufacture such articles, materials, or sup-
plies outside the United States pursuant to a re-
ciprocal defense procurement memorandum of 
understanding (as described in section 8304 of 
title 41, United States Code), or a trade agree-
ment or least developed country designation de-
scribed in subpart 25.400 of the Federal Acquisi-
tion Regulation, a citation to such memorandum 
of understanding, trade agreement, or designa-
tion. 
(3) A description of the methods used by each 
Federal agency to calculate the percentage domestic 
content of articles, materials, and supplies mined, 
produced, or manufactured in the United States. 
(d) REVIEW
OF
RECIPROCAL
DEFENSE
AGREE-
MENTS.— 
(1) REVIEW OF PROCESS.—Not later than 180 
days after the date of the enactment of this Act, the 
Made in America Director shall review the Depart-
ment of Defense’s use of reciprocal defense agreements 
to determine if domestic entities have equal and pro-
portional access and report the findings of the review 
to the Director of the Office of Management and 
Budget, the Secretary of Defense, and the Secretary of 
State.
2336 
† HR 3684 EAS 
(2) REVIEW
OF
RECIPROCAL
PROCUREMENT 
MEMORANDA
OF
UNDERSTANDING.—The Made in 
America Director shall review reciprocal procurement 
memoranda of understanding entered into after the 
date of the enactment of this Act between the Depart-
ment of Defense and its counterparts in foreign gov-
ernments to assess whether domestic entities will have 
equal and proportional access under the memoranda 
of understanding and report the findings of the review 
to the Director of the Office of Management and 
Budget, the Secretary of Defense, and the Secretary of 
State. 
(e) REPORT ON USE OF MADE IN AMERICA LAWS.— 
The Made in America Director shall submit to the relevant 
congressional committees a summary of each report on the 
use of Made in America Laws received by the Made in 
America Director pursuant to section 11 of Executive Order 
14005, dated January 25, 2021 (relating to ensuring the 
future is made in all of America by all of America’s work-
ers) not later than 90 days after the date of the enactment 
of this Act or receipt of the reports required under section 
11 of such Executive Order, whichever is later. 
(f) DOMESTIC PREFERENCE STATUTE DEFINED.—In 
this section, the term ‘‘domestic preference statute’’ means 
any of the following:
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† HR 3684 EAS 
(1) the Buy American Act; 
(2) a Buy America law (as that term is defined 
in section 70916(a)); 
(3) the Berry Amendment; 
(4) section 604 of the American Recovery and 
Reinvestment Act of 2009 (6 U.S.C. 453b) (commonly 
referred to as the ‘‘Kissell amendment’’); 
(5) section 2533b of title 10 (commonly referred 
to as the ‘‘specialty metals clause’’); 
(6) laws requiring domestic preference for mari-
time transport, including the Merchant Marine Act, 
1920 (Public Law 66–261), commonly known as the 
‘‘Jones Act’’; and 
(7) any other law, regulation, rule, or executive 
order relating to Federal financial assistance awards 
or Federal procurement, that requires, or provides a 
preference for, the purchase or acquisition of goods, 
products, or materials produced in the United States, 
including iron, steel, construction material, and man-
ufactured goods offered in the United States. 
SEC. 70924. HOLLINGS MANUFACTURING EXTENSION PART-
NERSHIP ACTIVITIES. 
(a) USE OF HOLLINGS MANUFACTURING EXTENSION 
PARTNERSHIP
TO REFER NEW BUSINESSES
TO CON-
TRACTING OPPORTUNITIES.—The head of each Federal
2338 
† HR 3684 EAS 
agency shall work with the Director of the Hollings Manu-
facturing Extension Partnership, as necessary, to ensure 
businesses participating in this Partnership are aware of 
their contracting opportunities. 
(b) AUTOMATIC ENROLLMENT IN GSA ADVANTAGE!.— 
The Administrator of the General Services Administration 
and the Secretary of Commerce, acting through the Under 
Secretary of Commerce for Standards and Technology, shall 
jointly ensure that each business that participates in the 
Hollings Manufacturing Extension Partnership is auto-
matically enrolled in General Services Administration Ad-
vantage!. 
SEC. 70925. UNITED STATES OBLIGATIONS UNDER INTER-
NATIONAL AGREEMENTS. 
This part, and the amendments made by this part, 
shall be applied in a manner consistent with United States 
obligations under international agreements. 
SEC. 70926. DEFINITIONS. 
In this part: 
(1) BERRY
AMENDMENT.—The term ‘‘Berry 
Amendment’’ means section 2533a of title 10, United 
States Code. 
(2) BUY AMERICAN ACT.—The term ‘‘Buy Amer-
ican Act’’ means chapter 83 of title 41, United States 
Code.
2339 
† HR 3684 EAS 
(3) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ has the meaning given the term ‘‘executive agen-
cy’’ in section 133 of title 41, United States Code. 
(4) RELEVANT CONGRESSIONAL COMMITTEES.— 
The 
term 
‘‘relevant 
congressional 
committees’’ 
means— 
(A) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
Commerce, Science, and Transportation, the 
Committee on Environment and Public Works, 
the Committee on Banking, Housing, and Urban 
Affairs, and the Committee on Armed Services of 
the Senate; and 
(B) the Committee on Oversight and Re-
form, the Committee on Armed Services, and the 
Committee on Transportation and Infrastructure 
of the House of Representatives. 
(5) WAIVER.—The term ‘‘waiver’’, with respect 
to the acquisition of an article, material, or supply 
for public use, means the inapplicability of chapter 
83 of title 41, United States Code, to the acquisition 
by reason of any of the following determinations 
under section 8302(a)(1) or 8303(b) of such title:
2340 
† HR 3684 EAS 
(A) A determination by the head of the Fed-
eral agency concerned that the acquisition is in-
consistent with the public interest. 
(B) A determination by the head of the Fed-
eral agency concerned that the cost of the acqui-
sition is unreasonable. 
(C) A determination by the head of the Fed-
eral agency concerned that the article, material, 
or supply is not mined, produced, or manufac-
tured in the United States in sufficient and rea-
sonably available commercial quantities of a sat-
isfactory quality. 
SEC. 70927. PROSPECTIVE AMENDMENTS TO INTERNAL 
CROSS-REFERENCES. 
(a) SPECIALTY METALS CLAUSE REFERENCE.—Sec-
tion 70923(f)(5) is amended by striking ‘‘section 2533b’’ 
and inserting ‘‘section 4863’’. 
(b) 
BERRY
AMENDMENT
REFERENCE.—Section 
70926(1) is amended by striking ‘‘section 2533a’’ and in-
serting ‘‘section 4862’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on January 1, 2022.
2341 
† HR 3684 EAS 
Subtitle B—BuyAmerican.gov 
SEC. 70931. SHORT TITLE. 
This subtitle may be cited as the ‘‘BuyAmerican.gov 
Act of 2021’’. 
SEC. 70932. DEFINITIONS. 
In this subtitle: 
(1) BUY AMERICAN LAW.—The term ‘‘Buy Amer-
ican law’’ means any law, regulation, Executive 
order, or rule relating to Federal contracts, grants, or 
financial assistance that requires or provides a pref-
erence for the purchase or use of goods, products, or 
materials mined, produced, or manufactured in the 
United States, including— 
(A) chapter 83 of title 41, United States 
Code (commonly referred to as the ‘‘Buy Amer-
ican Act’’); 
(B) section 5323(j) of title 49, United States 
Code; 
(C) section 313 of title 23, United States 
Code; 
(D) section 50101 of title 49, United States 
Code; 
(E) section 24405 of title 49, United States 
Code;
2342 
† HR 3684 EAS 
(F) section 608 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1388); 
(G) section 1452(a)(4) of the Safe Drinking 
Water Act (42 U.S.C. 300j–12(a)(4)); 
(H) section 5035 of the Water Resources Re-
form and Development Act of 2014 (33 U.S.C. 
3914); 
(I) section 2533a of title 10, United States 
Code (commonly referred to as the ‘‘Berry 
Amendment’’); and 
(J) section 2533b of title 10, United States 
Code. 
(2) EXECUTIVE
AGENCY.—The term ‘‘executive 
agency’’ has the meaning given the term ‘‘agency’’ in 
paragraph (1) of section 3502 of title 44, United 
States Code, except that it does not include an inde-
pendent regulatory agency, as that term is defined in 
paragraph (5) of such section. 
(3) BUY
AMERICAN
WAIVER.—The term ‘‘Buy 
American waiver’’ refers to an exception to or waiver 
of any Buy American law, or the terms and condi-
tions used by an agency in granting an exception to 
or waiver from Buy American laws. 
SEC. 70933. SENSE OF CONGRESS ON BUYING AMERICAN. 
It is the sense of Congress that—
2343 
† HR 3684 EAS 
(1) every executive agency should maximize, 
through terms and conditions of Federal financial as-
sistance awards and Federal procurements, the use of 
goods, products, and materials produced in the 
United States and contracts for outsourced govern-
ment service contracts to be performed by United 
States nationals; 
(2) every executive agency should scrupulously 
monitor, enforce, and comply with Buy American 
laws, to the extent they apply, and minimize the use 
of waivers; and 
(3) every executive agency should use available 
data to routinely audit its compliance with Buy 
American laws. 
SEC. 70934. ASSESSMENT OF IMPACT OF FREE TRADE 
AGREEMENTS. 
Not later than 150 days after the date of the enactment 
of this Act, the Secretary of Commerce, the United States 
Trade Representative, and the Director of the Office of Man-
agement and Budget shall assess the impacts in a publicly 
available report of all United States free trade agreements, 
the World Trade Organization Agreement on Government 
Procurement, and Federal permitting processes on the oper-
ation of Buy American laws, including their impacts on 
the implementation of domestic procurement preferences.
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† HR 3684 EAS 
SEC. 70935. JUDICIOUS USE OF WAIVERS. 
(a) IN GENERAL.—To the extent permitted by law, a 
Buy American waiver that is determined by an agency 
head or other relevant official to be in the public interest 
shall be construed to ensure the maximum utilization of 
goods, products, and materials produced in the United 
States. 
(b) PUBLIC INTEREST WAIVER DETERMINATIONS.—To 
the extent permitted by law, determination of public inter-
est waivers shall be made by the head of the agency with 
the authority over the Federal financial assistance award 
or Federal procurement under consideration. 
SEC. 
70936. 
ESTABLISHMENT 
OF 
BUYAMERICAN.GOV 
WEBSITE. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Administrator of Gen-
eral Services shall establish an Internet website with the 
address BuyAmerican.gov that will be publicly available 
and free to access. The website shall include information 
on all waivers of and exceptions to Buy American laws 
since the date of the enactment of this Act that have been 
requested, are under consideration, or have been granted by 
executive agencies and be designed to enable manufacturers 
and other interested parties to easily identify waivers. The 
website shall also include the results of routine audits to 
determine data errors and Buy American law violations
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† HR 3684 EAS 
after the award of a contract. The website shall provide pub-
licly available contact information for the relevant con-
tracting agencies. 
(b) UTILIZATION
OF EXISTING WEBSITE.—The re-
quirements of subsection (a) may be met by utilizing an 
existing website, provided that the address of that website 
is BuyAmerican.gov. 
SEC. 70937. WAIVER TRANSPARENCY AND STREAMLINING 
FOR CONTRACTS. 
(a) COLLECTION
OF INFORMATION.—The Adminis-
trator of General Services, in consultation with the heads 
of relevant agencies, shall develop a mechanism to collect 
information on requests to invoke a Buy American waiver 
for a Federal contract, utilizing existing reporting require-
ments whenever possible, for purposes of providing early no-
tice of possible waivers via the website established under sec-
tion 70936. 
(b) WAIVER TRANSPARENCY AND STREAMLINING.— 
(1) REQUIREMENT.—Prior to granting a request 
to waive a Buy American law, the head of an execu-
tive agency shall submit a request to invoke a Buy 
American waiver to the Administrator of General 
Services, and the Administrator of General Services 
shall make the request available on or through the
2346 
† HR 3684 EAS 
public website established under section 70936 for 
public comment for not less than 15 days. 
(2) EXCEPTION.—The requirement under para-
graph (1) does not apply to a request for a Buy 
American waiver to satisfy an urgent contracting 
need in an unforeseen and exigent circumstance. 
(c) INFORMATION AVAILABLE
TO
THE EXECUTIVE 
AGENCY CONCERNING THE REQUEST.— 
(1) REQUIREMENT.—No Buy American waiver 
for purposes of awarding a contract may be granted 
if, in contravention of subsection (b)— 
(A) information about the waiver was not 
made available on the website under section 
70936; or 
(B) no opportunity for public comment con-
cerning the request was granted. 
(2) SCOPE.—Information made available to the 
public concerning the request included on the website 
described in section 70936 shall properly and ade-
quately document and justify the statutory basis cited 
for the requested waiver. Such information shall in-
clude— 
(A) a detailed justification for the use of 
goods, products, or materials mined, produced, 
or manufactured outside the United States;
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† HR 3684 EAS 
(B) for requests citing unreasonable cost as 
the statutory basis of the waiver, a comparison 
of the cost of the domestic product to the cost of 
the foreign product or a comparison of the over-
all cost of the project with domestic products to 
the overall cost of the project with foreign-origin 
products or services, pursuant to the require-
ments of the applicable Buy American law, ex-
cept that publicly available cost comparison data 
may be provided in lieu of proprietary pricing 
information; 
(C) for requests citing the public interest as 
the statutory basis for the waiver, a detailed 
written statement, which shall include all appro-
priate factors, such as potential obligations 
under international agreements, justifying why 
the requested waiver is in the public interest; 
and 
(D) a certification that the procurement of-
ficial or assistance recipient made a good faith 
effort to solicit bids for domestic products sup-
ported by terms included in requests for pro-
posals, contracts, and nonproprietary commu-
nications with the prime contractor. 
(d) NONAVAILABILITY WAIVERS.—
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† HR 3684 EAS 
(1) IN
GENERAL.—Except as provided under 
paragraph (2), for a request citing nonavailability as 
the statutory basis for a Buy American waiver, an 
executive agency shall provide an explanation of the 
procurement official’s efforts to procure a product 
from a domestic source and the reasons why a domes-
tic product was not available from a domestic source. 
Those explanations shall be made available on 
BuyAmerican.gov prior to the issuance of the waiver, 
and the agency shall consider public comments re-
garding the availability of the product before making 
a final determination. 
(2) EXCEPTION.—An explanation under para-
graph (1) is not required for a product the nonavail-
ability of which is established by law or regulation. 
SEC. 70938. COMPTROLLER GENERAL REPORT. 
Not later than two years after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to Congress a report describing the im-
plementation of this subtitle, including recommendations 
for any legislation to improve the collection and reporting 
of information regarding waivers of and exceptions to Buy 
American laws.
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SEC. 70939. RULES OF CONSTRUCTION. 
(a) DISCLOSURE REQUIREMENTS.—Nothing in this 
subtitle shall be construed as preempting, superseding, or 
otherwise affecting the application of any disclosure re-
quirement or requirements otherwise provided by law or 
regulation. 
(b) ESTABLISHMENT
OF SUCCESSOR INFORMATION 
SYSTEMS.—Nothing in this subtitle shall be construed as 
preventing or otherwise limiting the ability of the Adminis-
trator of General Services to move the data required to be 
included on the website established under subsection (a) to 
a successor information system. Any such information sys-
tem shall include a reference to BuyAmerican.gov. 
SEC. 70940. CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS. 
This subtitle shall be applied in a manner consistent 
with United States obligations under international agree-
ments. 
SEC. 70941. PROSPECTIVE AMENDMENTS TO INTERNAL 
CROSS-REFERENCES. 
(a) IN GENERAL.—Section 70932(1) is amended— 
(1) in subparagraph (I), by striking ‘‘section 
2533a’’ and inserting ‘‘section 4862’’; and 
(2) in subparagraph (J), by striking ‘‘section 
2533b’’ and inserting ‘‘section 4863’’.
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(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on January 1, 2022. 
Subtitle C—Make PPE in America 
SEC. 70951. SHORT TITLE. 
This subtitle may be cited as the ‘‘Make PPE in Amer-
ica Act’’. 
SEC. 70952. FINDINGS. 
Congress makes the following findings: 
(1) The COVID–19 pandemic has exposed the 
vulnerability of the United States supply chains for, 
and lack of domestic production of, personal protec-
tive equipment (PPE). 
(2) The United States requires a robust, secure, 
and wholly domestic PPE supply chain to safeguard 
public health and national security. 
(3) Issuing a strategy that provides the govern-
ment’s anticipated needs over the next three years will 
enable suppliers to assess what changes, if any, are 
needed in their manufacturing capacity to meet ex-
pected demands. 
(4) In order to foster a domestic PPE supply 
chain, United States industry needs a strong and 
consistent demand signal from the Federal Govern-
ment providing the necessary certainty to expand 
production capacity investment in the United States.
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† HR 3684 EAS 
(5) In order to effectively incentivize investment 
in the United States and the re-shoring of manufac-
turing, long-term contracts must be no shorter than 
three years in duration. 
(6) To accomplish this aim, the United States 
should seek to ensure compliance with its inter-
national obligations, such as its commitments under 
the World Trade Organization’s Agreement on Gov-
ernment Procurement and its free trade agreements, 
including by invoking any relevant exceptions to 
those agreements, especially those related to national 
security and public health. 
(7) The United States needs a long-term invest-
ment strategy for the domestic production of PPE 
items critical to the United States national response 
to a public health crisis, including the COVID–19 
pandemic. 
SEC. 70953. REQUIREMENT OF LONG-TERM CONTRACTS FOR 
DOMESTICALLY MANUFACTURED PERSONAL 
PROTECTIVE EQUIPMENT. 
(a) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means—
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† HR 3684 EAS 
(A) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
Health, Education, Labor, and Pensions, the 
Committee on Finance, and the Committee on 
Veterans’ Affairs of the Senate; and 
(B) the Committee on Homeland Security, 
the Committee on Oversight and Reform, the 
Committee on Energy and Commerce, the Com-
mittee on Ways and Means, and the Committee 
on Veterans’ Affairs of the House of Representa-
tives. 
(2) COVERED SECRETARY.—The term ‘‘covered 
Secretary’’ means the Secretary of Homeland Secu-
rity, the Secretary of Health and Human Services, 
and the Secretary of Veterans Affairs. 
(3) PERSONAL
PROTECTIVE
EQUIPMENT.—The 
term ‘‘personal protective equipment’’ means surgical 
masks, respirator masks and powered air purifying 
respirators and required filters, face shields and pro-
tective eyewear, gloves, disposable and reusable sur-
gical and isolation gowns, head and foot coverings, 
and other gear or clothing used to protect an indi-
vidual from the transmission of disease.
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(4) UNITED STATES.—The term ‘‘United States’’ 
means the 50 States, the District of Columbia, and 
the possessions of the United States. 
(b) CONTRACT REQUIREMENTS FOR DOMESTIC PRO-
DUCTION.—Beginning 90 days after the date of the enact-
ment of this Act, in order to ensure the sustainment and 
expansion of personal protective equipment manufacturing 
in the United States and meet the needs of the current pan-
demic response, any contract for the procurement of per-
sonal protective equipment entered into by a covered Sec-
retary, or a covered Secretary’s designee, shall— 
(1) be issued for a duration of at least 2 years, 
plus all option periods necessary, to incentivize in-
vestment in the production of personal protective 
equipment and the materials and components thereof 
in the United States; and 
(2) be for personal protective equipment, includ-
ing the materials and components thereof, that is 
grown, reprocessed, reused, or produced in the United 
States. 
(c) ALTERNATIVES TO DOMESTIC PRODUCTION.—The 
requirement under subsection (b) shall not apply to an item 
of personal protective equipment, or component or material 
thereof if, after maximizing to the extent feasible sources 
consistent with subsection (b), the covered Secretary—
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† HR 3684 EAS 
(1) maximizes sources for personal protective 
equipment that is assembled outside the United States 
containing only materials and components that are 
grown, reprocessed, reused, or produced in the United 
States; and 
(2) certifies every 120 days that it is necessary 
to procure personal protective equipment under alter-
native procedures to respond to the immediate needs 
of a public health emergency. 
(d) AVAILABILITY EXCEPTION.— 
(1) IN GENERAL.—Subsections (b) and (c) shall 
not apply to an item of personal protective equip-
ment, or component or material thereof— 
(A) that is, or that includes, a material list-
ed in section 25.104 of the Federal Acquisition 
Regulation as one for which a non-availability 
determination has been made; or 
(B) as to which the covered Secretary deter-
mines that a sufficient quantity of a satisfactory 
quality that is grown, reprocessed, reused, or 
produced in the United States cannot be pro-
cured as, and when, needed at United States 
market prices. 
(2) CERTIFICATION REQUIREMENT.—The covered 
Secretary shall certify every 120 days that the excep-
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† HR 3684 EAS 
tion under paragraph (1) is necessary to meet the im-
mediate needs of a public health emergency. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Director of 
the Office of Management and Budget, in consultation 
with the covered Secretaries, shall submit to the 
chairs and ranking members of the appropriate con-
gressional committees a report on the procurement of 
personal protective equipment. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following elements: 
(A) The United States long-term domestic 
procurement strategy for PPE produced in the 
United States, including strategies to incentivize 
investment in and maintain United States sup-
ply chains for all PPE sufficient to meet the 
needs of the United States during a public health 
emergency. 
(B) An estimate of long-term demand quan-
tities for all PPE items procured by the United 
States. 
(C) Recommendations for congressional ac-
tion required to implement the United States 
Government’s procurement strategy.
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† HR 3684 EAS 
(D) A determination whether all notifica-
tions, amendments, and other necessary actions 
have been completed to bring the United States 
existing international obligations into con-
formity with the statutory requirements of this 
subtitle. 
(f) AUTHORIZATION OF TRANSFER OF EQUIPMENT.— 
(1) IN
GENERAL.—A covered Secretary may 
transfer to the Strategic National Stockpile estab-
lished under section 319F–2 of the Public Health 
Service Act (42 U.S.C. 247d–6b) any excess personal 
protective equipment acquired under a contract exe-
cuted pursuant to subsection (b). 
(2) TRANSFER OF EQUIPMENT DURING A PUBLIC 
HEALTH EMERGENCY.— 
(A) AMENDMENT.—Title V of the Homeland 
Security Act of 2002 (6 U.S.C. 311 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC 
HEALTH EMERGENCY. 
‘‘(a) AUTHORIZATION
OF
TRANSFER
OF
EQUIP-
MENT.—During a public health emergency declared by the 
Secretary of Health and Human Services under section 
319(a) of the Public Health Service Act (42 U.S.C. 
247d(a)), the Secretary, at the request of the Secretary of
2357 
† HR 3684 EAS 
Health and Human Services, may transfer to the Depart-
ment of Health and Human Services, on a reimbursable 
basis, excess personal protective equipment or medically 
necessary equipment in the possession of the Department. 
‘‘(b) DETERMINATION BY SECRETARIES.— 
‘‘(1) IN
GENERAL.—In carrying out this sec-
tion— 
‘‘(A) before requesting a transfer under sub-
section (a), the Secretary of Health and Human 
Services shall determine whether the personal 
protective equipment or medically necessary 
equipment is otherwise available; and 
‘‘(B) before initiating a transfer under sub-
section (a), the Secretary, in consultation with 
the heads of each component within the Depart-
ment, shall— 
‘‘(i) determine whether the personal 
protective equipment or medically necessary 
equipment requested to be transferred under 
subsection (a) is excess equipment; and 
‘‘(ii) certify that the transfer of the 
personal protective equipment or medically 
necessary equipment will not adversely im-
pact the health or safety of officers, employ-
ees, or contractors of the Department.
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† HR 3684 EAS 
‘‘(2) NOTIFICATION.—The Secretary of Health 
and Human Services and the Secretary shall each 
submit to Congress a notification explaining the de-
termination made under subparagraphs (A) and (B), 
respectively, of paragraph (1). 
‘‘(3) REQUIRED INVENTORY.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) acting through the Chief Medical 
Officer of the Department, maintain an in-
ventory of all personal protective equipment 
and medically necessary equipment in the 
possession of the Department; and 
‘‘(ii) make the inventory required 
under clause (i) available, on a continual 
basis, to— 
‘‘(I) the Secretary of Health and 
Human Services; and 
‘‘(II) the Committee on Appro-
priations and the Committee on Home-
land Security and Governmental Af-
fairs of the Senate and the Committee 
on Appropriations and the Committee 
on Homeland Security of the House of 
Representatives.
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‘‘(B) FORM.—Each inventory required to be 
made available under subparagraph (A) shall be 
submitted in unclassified form, but may include 
a classified annex.’’. 
(B) TABLE
OF
CONTENTS
AMENDMENT.— 
The table of contents in section 1(b) of the Home-
land Security Act of 2002 (Public Law 107–296; 
116 Stat. 2135) is amended by inserting after 
the item relating to section 528 the following: 
‘‘Sec. 529. Transfer of equipment during a public health emergency.’’. 
(3) STRATEGIC NATIONAL STOCKPILE.—Section 
319F–2(a) of the Public Health Service Act (42 
U.S.C. 247d–6b(a)) is amended by adding at the end 
the following: 
‘‘(6) TRANSFERS OF ITEMS.—The Secretary, in 
coordination with the Secretary of Homeland Secu-
rity, may sell drugs, vaccines and other biological 
products, medical devices, or other supplies main-
tained in the stockpile under paragraph (1) to a Fed-
eral agency or private, nonprofit, State, local, tribal, 
or territorial entity for immediate use and distribu-
tion, provided that any such items being sold are— 
‘‘(A) within 1 year of their expiration date; 
or
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† HR 3684 EAS 
‘‘(B) determined by the Secretary to no 
longer be needed in the stockpile due to advances 
in medical or technical capabilities.’’. 
(g) COMPLIANCE
WITH
INTERNATIONAL
AGREE-
MENTS.—The President or the President’s designee shall 
take all necessary steps, including invoking the rights of the 
United States under Article III of the World Trade Organi-
zation’s Agreement on Government Procurement and the 
relevant exceptions of other relevant agreements to which 
the United States is a party, to ensure that the inter-
national obligations of the United States are consistent with 
the provisions of this subtitle. 
TITLE X—ASSET CONCESSIONS 
SEC. 71001. ASSET CONCESSIONS. 
(a) ESTABLISHMENT OF PROGRAM.— 
(1) IN GENERAL.—Chapter 6 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 611. Asset concessions and innovative finance as-
sistance 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) APPROVED INFRASTRUCTURE ASSET.—The 
term ‘approved infrastructure asset’ means— 
‘‘(A) a project (as defined in section 
601(a)); and
2361 
† HR 3684 EAS 
‘‘(B) a group of projects (as defined in sec-
tion 601(a)) considered together in a single asset 
concession or long-term lease to a concessionaire 
by 1 or more eligible entities. 
‘‘(2) ASSET CONCESSION.—The term ‘asset con-
cession’ means a contract between an eligible entity 
and a concessionaire— 
‘‘(A) under which— 
‘‘(i) the eligible entity agrees to enter 
into a concession agreement or long-term 
lease with the concessionaire relating to an 
approved infrastructure asset owned, con-
trolled, or maintained by the eligible entity; 
‘‘(ii) as consideration for the agree-
ment or lease described in clause (i), the 
concessionaire agrees— 
‘‘(I) to provide to the eligible enti-
ty 1 or more asset concession pay-
ments; and 
‘‘(II) to maintain or exceed the 
condition, performance, and service 
level of the approved infrastructure 
asset, as compared to that condition, 
performance, and service level on the
2362 
† HR 3684 EAS 
date of execution of the agreement or 
lease; and 
‘‘(iii) the eligible entity and the conces-
sionaire agree that the costs for a fiscal year 
of the agreement or lease, and any project 
carried out under the agreement or lease, 
shall not be shifted to any taxpayer the an-
nual household income of whom is less than 
$400,000 per year, including through taxes, 
user fees, tolls, or any other measure, for use 
of an approved infrastructure asset; and 
‘‘(B) the terms of which do not include any 
noncompete or exclusivity restriction (or any 
other, similar restriction) on the approval of an-
other project. 
‘‘(3) ASSET
CONCESSION
PAYMENT.—The term 
‘asset concession payment’ means a payment that— 
‘‘(A) is made by a concessionaire to an eli-
gible entity for fair market value that is deter-
mined as part of the asset concession; and 
‘‘(B) may be— 
‘‘(i) a payment made at the financial 
close of an asset concession; or 
‘‘(ii) a series of payments scheduled to 
be made for—
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† HR 3684 EAS 
‘‘(I) a fixed period; or 
‘‘(II) the term of an asset conces-
sion. 
‘‘(4) 
CONCESSIONAIRE.—The 
term 
‘conces-
sionaire’ means a private individual or a private or 
publicly chartered corporation or entity that enters 
into an asset concession with an eligible entity. 
‘‘(5) ELIGIBLE ENTITY.— 
‘‘(A) IN GENERAL.—The term ‘eligible enti-
ty’ means an entity described in subparagraph 
(B) that— 
‘‘(i) owns, controls, or maintains an 
approved infrastructure asset; and 
‘‘(ii) has the legal authority to enter 
into a contract to transfer ownership, main-
tenance, operations, revenues, or other bene-
fits and responsibilities for an approved in-
frastructure asset. 
‘‘(B) ENTITIES DESCRIBED.—An entity re-
ferred to in subparagraph (A) is any of the fol-
lowing: 
‘‘(i) A State. 
‘‘(ii) A Tribal government. 
‘‘(iii) A unit of local government.
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† HR 3684 EAS 
‘‘(iv) An agency or instrumentality of 
a State, Tribal government, or unit of local 
government. 
‘‘(v) A special purpose district or pub-
lic authority. 
‘‘(b) ESTABLISHMENT.—The Secretary shall establish 
a program to facilitate access to expert services for, and 
to provide grants to, eligible entities to enhance the tech-
nical capacity of eligible entities to facilitate and evaluate 
public-private partnerships in which the private sector 
partner could assume a greater role in project planning, 
development, financing, construction, maintenance, and op-
eration, including by assisting eligible entities in entering 
into asset concessions. 
‘‘(c) APPLICATIONS.—To be eligible to receive a grant 
under this section, an eligible entity shall submit to the Sec-
retary an application at such time, in such manner, and 
containing such information as the Secretary may require. 
‘‘(d) ELIGIBLE ACTIVITIES.— 
‘‘(1) TECHNICAL ASSISTANCE GRANTS.—An eligi-
ble entity may use amounts made available from a 
grant under this section for technical assistance to 
build the organizational capacity of the eligible entity 
to develop, review, or enter into an asset concession, 
including for—
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† HR 3684 EAS 
‘‘(A) identifying appropriate assets or 
projects for asset concessions; 
‘‘(B) soliciting and negotiating asset conces-
sions, including hiring staff in public agencies; 
‘‘(C) conducting a value-for-money analysis, 
or a comparable analysis, to evaluate the com-
parative benefits of asset concessions and public 
debt or other procurement methods; 
‘‘(D) evaluating options for the structure 
and use of asset concession payments; 
‘‘(E) evaluating and publicly presenting the 
risks and benefits of all contract provisions for 
the purpose of transparency and accountability; 
‘‘(F) identifying best practices to protect the 
public interest and priorities; 
‘‘(G) identifying best practices for man-
aging transportation demand and mobility along 
a corridor, including through provisions of the 
asset concession, to facilitate transportation de-
mand management strategies along the corridor 
that is subject to the asset concession; and 
‘‘(H) integrating and coordinating pricing, 
data, and fare collection with other regional op-
erators that exist or may be developed.
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† HR 3684 EAS 
‘‘(2) EXPERT SERVICES.—An eligible entity seek-
ing to leverage public and private funding in connec-
tion with the development of an early-stage approved 
infrastructure asset, including in the development of 
alternative approaches to project delivery or procure-
ment, may use amounts made available from a grant 
under this section to retain the services of an expert 
firm to provide to the eligible entity direct project 
level assistance, which services may include— 
‘‘(A) project planning, feasibility studies, 
revenue forecasting, economic assessments and 
cost-benefit analyses, public benefit studies, 
value-for-money analyses, business case develop-
ment, lifecycle cost analyses, risk assessment, fi-
nancing and funding options analyses, procure-
ment alternatives analyses, statutory and regu-
latory framework analyses and other pre-pro-
curement and pre-construction activities; 
‘‘(B) financial and legal planning (includ-
ing the identification of statutory authorization, 
funding, and financing options); 
‘‘(C) early assessment of permitting, envi-
ronmental review, and regulatory processes and 
costs; and
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† HR 3684 EAS 
‘‘(D) assistance with entering into an asset 
concession. 
‘‘(e) DISTRIBUTION.— 
‘‘(1) MAXIMUM AMOUNT.— 
‘‘(A) TECHNICAL
ASSISTANCE
GRANTS.— 
The maximum amount of a technical assistance 
grant 
under 
subsection 
(d)(1) 
shall 
be 
$2,000,000. 
‘‘(B) EXPERT
SERVICES.—The maximum 
amount of the value of expert services retained 
by an eligible entity under subsection (d)(2) 
shall be $2,000,000. 
‘‘(2) COST SHARING.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Federal share of the cost 
of an activity carried out under this section may 
be up to 100 percent. 
‘‘(B) CERTAIN PROJECTS.—If the amount of 
the grant provided to an eligible entity under 
this section is more than $1,000,000, the Federal 
share of the cost of an activity carried out using 
grant amounts in excess of $1,000,000 shall be 
50 percent. 
‘‘(3) 
STATEWIDE
MAXIMUM.—The 
aggregate 
amount made available under this section to eligible
2368 
† HR 3684 EAS 
entities within a State shall not exceed, on a cumu-
lative basis for all eligible entities within the State 
during any 3-year period, $4,000,000. 
‘‘(f) REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that, as a condition of receiving a grant under this 
section, for any asset concession for which the grant 
provides direct assistance— 
‘‘(A) the asset concession shall not prohibit, 
discourage, or make it more difficult for an eligi-
ble entity to construct new infrastructure, to pro-
vide or expand transportation services, or to 
manage associated infrastructure in publicly 
beneficial ways, along a transportation corridor 
or in the proximity of a transportation facility 
that was a part of the asset concession; 
‘‘(B) the eligible entity shall have adopted 
binding rules to publish all major business terms 
of the proposed asset concession not later than 
the date that is 30 days before entering into the 
asset concession, to enable public review, includ-
ing a certification of public interest based on the 
results of an assessment under subparagraph 
(D);
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† HR 3684 EAS 
‘‘(C) the asset concession shall not result in 
displacement, job loss, or wage reduction for the 
existing workforce of the eligible entity or other 
public entities; 
‘‘(D) the eligible entity or the concessionaire 
shall carry out a value-for-money analysis, or 
similar assessment, to compare the aggregate 
costs and benefits to the eligible entity of the 
asset concession against alternative options to 
determine whether the asset concession generates 
additional public benefits and serves the public 
interest; 
‘‘(E) the full amount of any asset concession 
payment received by the eligible entity under the 
asset concession, less any amount paid for trans-
action costs relating to the asset concession, shall 
be used to pay infrastructure costs of the eligible 
entity; and 
‘‘(F) the terms of the asset concession shall 
not result in any increase in costs under the 
asset concession being shifted to taxpayers the 
annual household income of whom is less than 
$400,000 per year, including through taxes, user 
fees, tolls, or any other measure, for use of an 
approved infrastructure asset.
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† HR 3684 EAS 
‘‘(2) AUDIT.—Not later than 3 years after the 
date on which an eligible entity enters into an asset 
concession as a result of a grant under this section— 
‘‘(A) the eligible entity shall hire an inde-
pendent auditor to evaluate the performance of 
the concessionaire based on the requirements de-
scribed in paragraph (1); and 
‘‘(B) the independent auditor shall submit 
to the eligible entity, and make publicly avail-
able, a report describing the results of the audit 
under subparagraph (A). 
‘‘(3) TREATMENT.—Unless otherwise provided 
under paragraph (1), the Secretary shall not, as a 
condition of receiving a grant under this section, pro-
hibit or otherwise prevent an eligible entity from en-
tering into, or receiving any asset concession payment 
under, an asset concession for an approved infrastruc-
ture asset owned, controlled, or maintained by the eli-
gible entity. 
‘‘(4) APPLICABILITY OF FEDERAL LAWS.—Noth-
ing in this section exempts a concessionaire or an eli-
gible entity from a compliance obligation with respect 
to any applicable Federal or State law that would 
otherwise apply to the concessionaire, the eligible enti-
ty, or an approved infrastructure asset.
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† HR 3684 EAS 
‘‘(g) FUNDING.— 
‘‘(1) IN GENERAL.—On October 1, 2021, and on 
each October 1 thereafter through October 1, 2025, out 
of any funds in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall transfer 
to the Secretary to carry out this section $20,000,000, 
to remain available until expended. 
‘‘(2) RECEIPT AND ACCEPTANCE.—The Secretary 
shall be entitled to receive, shall accept, and shall use 
to carry out this section the funds transferred under 
paragraph (1), without further appropriation.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 6 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘611. Asset concessions and innovative finance assistance.’’. 
(b) ASSET RECYCLING REPORT.—Not later than Au-
gust 1, 2024, the Secretary shall submit to Congress a report 
that includes— 
(1) an analysis of any impediments in applica-
ble laws, regulations, and practices to increased use 
of public-private partnerships and private investment 
in transportation improvements; and 
(2) proposals for approaches that address those 
impediments while continuing to protect the public 
interest and any public investment in transportation 
improvements.
2372 
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TITLE XI—CLEAN SCHOOL 
BUSES AND FERRIES 
SEC. 71101. CLEAN SCHOOL BUS PROGRAM. 
Section 741 of the Energy Policy Act of 2005 (42 
U.S.C. 16091) is amended to read as follows: 
‘‘SEC. 741. CLEAN SCHOOL BUS PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) ALTERNATIVE FUEL.—The term ‘alternative 
fuel’ means liquefied natural gas, compressed natural 
gas, hydrogen, propane, or biofuels. 
‘‘(3) CLEAN
SCHOOL
BUS.—The term ‘clean 
school bus’ means a school bus that— 
‘‘(A) the Administrator certifies reduces 
emissions and is operated entirely or in part 
using an alternative fuel; or 
‘‘(B) is a zero-emission school bus. 
‘‘(4) ELIGIBLE CONTRACTOR.—The term ‘eligible 
contractor’ means a contractor that is a for-profit, 
not-for-profit, or nonprofit entity that has the capac-
ity— 
‘‘(A) to sell clean school buses, zero-emission 
school buses, charging or fueling infrastructure,
2373 
† HR 3684 EAS 
or other equipment needed to charge, fuel, or 
maintain clean school buses or zero-emission 
school buses, to individuals or entities that own 
a school bus or a fleet of school buses; or 
‘‘(B) to arrange financing for such a sale. 
‘‘(5) ELIGIBLE RECIPIENT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘eligible recipient’ means— 
‘‘(i) 1 or more local or State govern-
mental entities responsible for— 
‘‘(I) providing school bus service 
to 1 or more public school systems; or 
‘‘(II) the purchase of school buses; 
‘‘(ii) an eligible contractor; 
‘‘(iii) a nonprofit school transportation 
association; or 
‘‘(iv) an Indian Tribe (as defined in 
section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
5304)), Tribal organization (as defined in 
that section), or tribally controlled school 
(as defined in section 5212 of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 
2511)) that is responsible for—
2374 
† HR 3684 EAS 
‘‘(I) providing school bus service 
to 1 or more Bureau-funded schools (as 
defined in section 1141 of the Edu-
cation Amendments of 1978 (25 U.S.C. 
2021)); or 
‘‘(II) the purchase of school buses. 
‘‘(B) SPECIAL REQUIREMENTS.—In the case 
of eligible recipients identified under clauses (ii) 
and (iii) of subparagraph (A), the Administrator 
shall establish timely and appropriate require-
ments for notice and shall establish timely and 
appropriate requirements for approval by the 
public school systems that would be served by 
buses purchased using award funds made avail-
able under this section. 
‘‘(6) HIGH-NEED
LOCAL
EDUCATIONAL
AGEN-
CY.—The term ‘high-need local educational agency’ 
means a local educational agency (as defined in sec-
tion 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801)) that is among 
the local educational agencies in the applicable State 
with high percentages of children counted under sec-
tion 1124(c) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6333(c)), on the basis 
of the most recent satisfactory data available, as de-
2375 
† HR 3684 EAS 
termined by the Secretary of Education (or, for a 
local educational agency for which no such data is 
available, such other data as the Secretary of Edu-
cation determines to be satisfactory). 
‘‘(7) SCHOOL BUS.—The term ‘school bus’ has 
the meaning given the term ‘schoolbus’ in section 
30125(a) of title 49, United States Code. 
‘‘(8) ZERO-EMISSION
SCHOOL
BUS.—The term 
‘zero-emission school bus’ means a school bus that is 
certified by the Administrator to have a drivetrain 
that produces, under any possible operational mode or 
condition, zero exhaust emission of— 
‘‘(A) any air pollutant that is listed pursu-
ant to section 108(a) of the Clean Air Act (42 
U.S.C. 7408(a)) (or any precursor to such an air 
pollutant); and 
‘‘(B) any greenhouse gas. 
‘‘(b) PROGRAM
FOR
REPLACEMENT
OF
EXISTING 
SCHOOL BUSES WITH CLEAN SCHOOL BUSES AND ZERO- 
EMISSION SCHOOL BUSES.— 
‘‘(1) ESTABLISHMENT.—The Administrator shall 
establish a program— 
‘‘(A) to award grants and rebates on a com-
petitive basis to eligible recipients for the re-
2376 
† HR 3684 EAS 
placement of existing school buses with clean 
school buses; 
‘‘(B) to award grants and rebates on a com-
petitive basis to eligible recipients for the re-
placement of existing school buses with zero-emis-
sion school buses; 
‘‘(C) to award contracts to eligible contrac-
tors to provide rebates for the replacement of ex-
isting school buses with clean school buses; and 
‘‘(D) to award contracts to eligible contrac-
tors to provide rebates for the replacement of ex-
isting school buses with zero-emission school 
buses. 
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 
made available for awards under paragraph (1) in a 
fiscal year, the Administrator shall award— 
‘‘(A) 50 percent to replace existing school 
buses with zero-emission school buses; and 
‘‘(B) 50 percent to replace existing school 
buses with clean school buses and zero-emission 
school buses. 
‘‘(3) 
CONSIDERATIONS.—In 
making 
awards 
under paragraph (2)(B), the Administrator shall take 
into account the following criteria and shall not give 
preference to any individual criterion:
2377 
† HR 3684 EAS 
‘‘(A) Lowest overall cost of bus replacement. 
‘‘(B) Local conditions, including the length 
of bus routes and weather conditions. 
‘‘(C) Technologies that most reduce emis-
sions. 
‘‘(D) Whether funds will bring new tech-
nologies to scale or promote cost parity between 
old technology and new technology. 
‘‘(4) PRIORITY
OF
APPLICATIONS.—In making 
awards under paragraph (1), the Administrator may 
prioritize applicants that— 
‘‘(A) propose to replace school buses that 
serve— 
‘‘(i) a high-need local educational 
agency; 
‘‘(ii) a Bureau-funded school (as de-
fined in section 1141 of the Education 
Amendments of 1978 (25 U.S.C. 2021)); or 
‘‘(iii) a local educational agency that 
receives a basic support payment under sec-
tion 7003(b)(1) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7703(b)(1)) for children who reside on In-
dian land; 
‘‘(B) serve rural or low-income areas; or
2378 
† HR 3684 EAS 
‘‘(C) propose to complement the assistance 
received through the award by securing addi-
tional sources of funding for the activities sup-
ported through the award, such as through— 
‘‘(i) public-private partnerships; 
‘‘(ii) grants from other entities; or 
‘‘(iii) issuance of school bonds. 
‘‘(5) USE
OF
SCHOOL
BUS
FLEET.—All clean 
school buses and zero-emission school buses acquired 
with funds provided under this section shall— 
‘‘(A) be operated as part of the school bus 
fleet for which the award was made for not less 
than 5 years; 
‘‘(B) be maintained, operated, and charged 
or 
fueled 
according 
to 
manufacturer 
rec-
ommendations or State requirements; and 
‘‘(C) not be manufactured or retrofitted 
with, or otherwise have installed, a power unit 
or other technology that creates air pollution 
within the school bus, such as an unvented diesel 
passenger heater. 
‘‘(6) AWARDS.— 
‘‘(A) IN
GENERAL.—In making awards 
under paragraph (1), the Administrator may 
make awards for up to 100 percent of the costs
2379 
† HR 3684 EAS 
for replacement of existing school buses with 
clean school buses, zero-emission school buses, 
and charging or fueling infrastructure. 
‘‘(B) STRUCTURING
AWARDS.—In making 
an award under paragraph (1)(A), the Adminis-
trator shall decide whether to award a grant or 
rebate, or a combination thereof, based primarily 
on how best to facilitate replacing existing school 
buses with clean school buses or zero-emission 
school buses, as applicable. 
‘‘(7) DEPLOYMENT AND DISTRIBUTION.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall— 
‘‘(i) to the maximum extent prac-
ticable, achieve nationwide deployment of 
clean school buses and zero-emission school 
buses through the program under this sec-
tion; and 
‘‘(ii) ensure a broad geographic dis-
tribution of awards. 
‘‘(B) LIMITATION.—The Administrator shall 
ensure that the amount received by all eligible 
entities in a State from grants and rebates under 
this section does not exceed 10 percent of the
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† HR 3684 EAS 
amounts made available to carry out this section 
during a fiscal year. 
‘‘(8) ANNUAL REPORT.—Not later than January 
31 of each year, the Administrator shall submit to 
Congress a report that evaluates the implementation 
of this section and describes— 
‘‘(A) the total number of applications re-
ceived; 
‘‘(B) the quantity and amount of grants 
and rebates awarded and the location of the re-
cipients of the grants and rebates; 
‘‘(C) the criteria used to select the recipi-
ents; and 
‘‘(D) any other information the Adminis-
trator considers appropriate. 
‘‘(c) EDUCATION AND OUTREACH.— 
‘‘(1) IN
GENERAL.—Not later than 120 days 
after the date of enactment of the Infrastructure In-
vestment and Jobs Act, the Administrator shall de-
velop an education and outreach program to promote 
and explain the award program under this section. 
‘‘(2) COORDINATION WITH STAKEHOLDERS.—The 
education and outreach program under paragraph (1) 
shall be designed and conducted in conjunction with 
interested stakeholders.
2381 
† HR 3684 EAS 
‘‘(3) COMPONENTS.—The education and outreach 
program under paragraph (1) shall— 
‘‘(A) inform potential award recipients on 
the process of applying for awards and fulfilling 
the requirements of awards; 
‘‘(B) describe the available technologies and 
the benefits of using the technologies; 
‘‘(C) explain the benefits and costs incurred 
by participating in the award program; 
‘‘(D) make available information regarding 
best practices, lessons learned, and technical and 
other information regarding— 
‘‘(i) clean school bus and zero-emission 
school bus acquisition and deployment; 
‘‘(ii) the build-out of associated infra-
structure and advance planning with the 
local electricity supplier; 
‘‘(iii) workforce development, training, 
and Registered Apprenticeships that meet 
the requirements under parts 29 and 30 of 
title 29, Code of Federal Regulations (as in 
effect on December 1, 2019); and 
‘‘(iv) any other information that is 
necessary, as determined by the Adminis-
trator; and
2382 
† HR 3684 EAS 
‘‘(E) include, as appropriate, information 
from the annual report required under subsection 
(b)(7). 
‘‘(d) ADMINISTRATIVE
COSTS.—The Administrator 
may use, for the administrative costs of carrying out this 
section, not more than 3 percent of the amounts made avail-
able to carry out this section for any fiscal year. 
‘‘(e) REGULATIONS.—The Administrator shall have the 
authority to issue such regulations or other guidance, forms, 
instructions, and publications as may be necessary or ap-
propriate to carry out the programs, projects, or activities 
authorized under this section, including to ensure that such 
programs, projects, or activities are completed in a timely 
and effective manner, result in emissions reductions, and 
maximize public health benefits. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to carry 
out this section, to remain available until expended, 
$1,000,000,000 for each of fiscal years 2022 through 2026, 
of which— 
‘‘(1) $500,000,000 shall be made available for the 
adoption of clean school buses and zero-emission 
school buses; and 
‘‘(2) $500,000,000 shall be made available for the 
adoption of zero-emission school buses.’’.
2383 
† HR 3684 EAS 
SEC. 71102. ELECTRIC OR LOW-EMITTING FERRY PILOT 
PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ALTERNATIVE FUEL.—The term ‘‘alternative 
fuel’’ means— 
(A) methanol, denatured ethanol, and other 
alcohols; 
(B) a mixture containing at least 85 per-
cent of methanol, denatured ethanol, and other 
alcohols by volume with gasoline or other fuels; 
(C) natural gas; 
(D) liquefied petroleum gas; 
(E) hydrogen; 
(F) fuels (except alcohol) derived from bio-
logical materials; 
(G) electricity (including electricity from 
solar energy); and 
(H) any other fuel the Secretary prescribes 
by regulation that is not substantially petroleum 
and that would yield substantial energy security 
and environmental benefits. 
(2) ELECTRIC OR LOW-EMITTING FERRY.—The 
term ‘‘electric or low-emitting ferry’’ means a ferry 
that reduces emissions by utilizing alternative fuels or 
onboard energy storage systems and related charging
2384 
† HR 3684 EAS 
infrastructure to reduce emissions or produce zero on-
board emissions under normal operation. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) ESTABLISHMENT.—The Secretary shall carry out 
a pilot program to provide grants for the purchase of elec-
tric or low-emitting ferries and the electrification of or other 
reduction of emissions from existing ferries. 
(c) REQUIREMENT.—In carrying out the pilot pro-
gram under this section, the Secretary shall ensure that— 
(1) not less than 1 grant under this section shall 
be for a ferry service that serves the State with the 
largest number of Marine Highway System miles; 
and 
(2) not less than 1 grant under this section shall 
be for a bi-State ferry service— 
(A) with an aging fleet; and 
(B) whose development of zero and low 
emission power source ferries will propose to ad-
vance the state of the technology toward increas-
ing the range and capacity of zero emission 
power source ferries. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out
2385 
† HR 3684 EAS 
this section $50,000,000 for each of fiscal years 2022 
through 2026. 
SEC. 71103. FERRY SERVICE FOR RURAL COMMUNITIES. 
(a) DEFINITIONS.—In this section: 
(1) BASIC
ESSENTIAL
FERRY
SERVICE.—The 
term ‘‘basic essential ferry service’’ means scheduled 
ferry transportation service. 
(2) ELIGIBLE SERVICE.—The term ‘‘eligible serv-
ice’’ means a ferry service that— 
(A) operated a regular schedule at any time 
during the 5-year period ending on March 1, 
2020; and 
(B) served not less than 2 rural areas lo-
cated more than 50 sailing miles apart. 
(3) RURAL AREA.—The term ‘‘rural area’’ has 
the meaning given the term in section 5302 of title 
49, United States Code. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) ESTABLISHMENT.—The Secretary shall establish a 
program to ensure that basic essential ferry service is pro-
vided to rural areas by providing funds to States to provide 
such basic essential ferry service. 
(c) PROGRAM CRITERIA.—The Secretary shall estab-
lish requirements and criteria for participation in the pro-
2386 
† HR 3684 EAS 
gram under this section, including requirements for the pro-
vision of funds to States. 
(d) WAIVERS.—The Secretary shall establish criteria 
for the waiver of any requirement under this section. 
(e) TREATMENT.— 
(1) 
NOT
ATTRIBUTABLE
TO
URBANIZED 
AREAS.—An eligible service that receives funds from 
a State under this section shall not be attributed to 
an urbanized area for purposes of apportioning funds 
under chapter 53 of title 49, United States Code. 
(2) NO
RECEIPT
OF
CERTAIN
APPORTIONED 
FUNDS.—An eligible service that receives funds from 
a State under this section shall not receive funds ap-
portioned under section 5336 or 5337 of title 49, 
United States Code, in the same fiscal year. 
(f) FUNDING.—There is authorized to be appropriated 
to the Secretary to carry out this section $200,000,000 for 
each of fiscal years 2022 through 2026. 
(g) OPERATING COSTS.— 
(1) Section 147 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(k) ADDITIONAL USES.—Notwithstanding any other 
provision of law, in addition to other uses of funds under 
this section, an eligible entity may use amounts made avail-
2387 
† HR 3684 EAS 
able under this section to pay the operating costs of the eli-
gible entity.’’. 
(2) Section 218(c) of title 23, United States Code 
(as amended by section 11116 of division A), is 
amended by inserting ‘‘operation, repair,’’ after ‘‘pur-
chase,’’. 
SEC. 71104. EXPANDING THE FUNDING AUTHORITY FOR 
RENOVATING, CONSTRUCTING, AND EXPAND-
ING CERTAIN FACILITIES. 
Section 509 of the Indian Health Care Improvement 
Act (25 U.S.C. 1659) is amended— 
(1) by striking ‘‘minor’’ before ‘‘renovations’’; 
and 
(2) by striking ‘‘, to assist’’ and all that follows 
through ‘‘standards’’. 
DIVISION H—REVENUE 
PROVISIONS 
TITLE I—HIGHWAY TRUST FUND 
SEC. 80101. EXTENSION OF HIGHWAY TRUST FUND EXPEND-
ITURE AUTHORITY. 
(a) HIGHWAY TRUST FUND.—Section 9503 of the In-
ternal Revenue Code of 1986 is amended— 
(1) by striking ‘‘October 1, 2021’’ in subsections 
(b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 1, 
2026’’, and
2388 
† HR 3684 EAS 
(2) by striking ‘‘Continuing Appropriations Act, 
2021 and Other Extensions Act’’ in subsections (c)(1) 
and (e)(3) and inserting ‘‘Infrastructure Investment 
and Jobs Act’’. 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.—Section 9504 of such Code is amended— 
(1) by striking ‘‘Continuing Appropriations Act, 
2021 and Other Extensions Act’’ each place it ap-
pears in subsection (b)(2) and inserting ‘‘Infrastruc-
ture Investment and Jobs Act’’, and 
(2) by striking ‘‘October 1, 2021’’ in subsection 
(d)(2) and inserting ‘‘October 1, 2026’’. 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST 
FUND.—Section 9508(e)(2) of such Code is amended by 
striking ‘‘October 1, 2021’’ and inserting ‘‘October 1, 2026’’. 
SEC. 80102. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the Inter-
nal Revenue Code of 1986 is amended by striking 
‘‘September 30, 2022’’ and inserting ‘‘September 30, 
2028’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1).
2389 
† HR 3684 EAS 
(2) Each of the following provisions of such Code 
is amended by striking ‘‘October 1, 2022’’ and insert-
ing ‘‘October 1, 2028’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN 
HEAVY VEHICLES.—Each of the following provisions of the 
Internal Revenue Code of 1986 is amended by striking 
‘‘2023’’ each place it appears and inserting ‘‘2029’’: 
(1) Section 4481(f). 
(2) Subsections (c)(4) and (d) of section 4482. 
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of 
the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘October 1, 2022’’ each place it 
appears and inserting ‘‘October 1, 2028’’; 
(2) by striking ‘‘March 31, 2023’’ each place it 
appears and inserting ‘‘March 31, 2029’’; and 
(3) by striking ‘‘January 1, 2023’’ and inserting 
‘‘January 1, 2029’’. 
(d) EXTENSION OF CERTAIN EXEMPTIONS.— 
(1) Section 4221(a) of the Internal Revenue Code 
of 1986 is amended by striking ‘‘October 1, 2022’’ and 
inserting ‘‘October 1, 2028’’.
2390 
† HR 3684 EAS 
(2) Section 4483(i) of such Code is amended by 
striking ‘‘October 1, 2023’’ and inserting ‘‘October 1, 
2029’’. 
(e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.— 
(1) IN GENERAL.—Section 9503 of the Internal 
Revenue Code of 1986 is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘October 1, 2022’’ each 
place it appears in paragraphs (1) and (2) 
and inserting ‘‘October 1, 2028’’; 
(ii) by striking ‘‘OCTOBER 1, 2022’’ in 
the heading of paragraph (2) and inserting 
‘‘OCTOBER 1, 2028’’; 
(iii) by striking ‘‘September 30, 2022’’ 
in paragraph (2) and inserting ‘‘September 
30, 2028’’; and 
(iv) by striking ‘‘July 1, 2023’’ in 
paragraph (2) and inserting ‘‘July 1, 
2029’’; and 
(B) in subsection (c)(2), by striking ‘‘July 
1, 2023’’ and inserting ‘‘July 1, 2029’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX 
TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (3)(A)(i) 
and (4)(A) of section 9503(c) of such Code are
2391 
† HR 3684 EAS 
each amended by striking ‘‘October 1, 2022’’ and 
inserting ‘‘October 1, 2028’’. 
(B) CONFORMING
AMENDMENTS
TO
LAND 
AND
WATER
CONSERVATION
FUND.—Section 
200310 of title 54, United States Code, is 
amended— 
(i) by striking ‘‘October 1, 2023’’ each 
place it appears and inserting ‘‘October 1, 
2029’’; and 
(ii) by striking ‘‘October 1, 2022’’ and 
inserting ‘‘October 1, 2028’’. 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2021. 
SEC. 80103. FURTHER ADDITIONAL TRANSFERS TO TRUST 
FUND. 
Subsection (f) of section 9503 of the Internal Revenue 
Code of 1986 is amended by redesignating paragraph (11) 
as paragraph (12) and inserting after paragraph (10) the 
following new paragraph: 
‘‘(11) FURTHER TRANSFERS TO TRUST FUND.— 
Out of money in the Treasury not otherwise appro-
priated, there is hereby appropriated— 
‘‘(A) $90,000,000,000 to the Highway Ac-
count (as defined in subsection (e)(5)(B)) in the 
Highway Trust Fund; and
2392 
† HR 3684 EAS 
‘‘(B) $28,000,000,000 to the Mass Transit 
Account in the Highway Trust Fund.’’. 
TITLE II—CHEMICAL 
SUPERFUND 
SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN 
SUPERFUND EXCISE TAXES. 
(a) EXTENSION.— 
(1) IN GENERAL.—Section 4661(c) of the Inter-
nal Revenue Code of 1986 is amended to read as fol-
lows: 
‘‘(c) TERMINATION.—No tax shall be imposed by this 
section after December 31, 2031.’’. 
(2) IMPORTED SUBSTANCES.—Section 4671(e) of 
the Internal Revenue Code of 1986 is amended to read 
as follows: 
‘‘(e) TERMINATION.—No tax shall be imposed by this 
section after December 31, 2031.’’. 
(b) MODIFICATION OF RATES.— 
(1) IN GENERAL.—Section 4661(b) of the Inter-
nal Revenue Code of 1986 is amended to read as fol-
lows: 
‘‘(b) AMOUNT OF TAX.—The amount of tax imposed 
by subsection (a) shall be determined in accordance with 
the following table:
2393 
† HR 3684 EAS 
‘‘In the case of: 
The tax is the following 
amount per ton: 
Acetylene ..........................................................................
$9.74
Benzene ............................................................................
9.74
Butane .............................................................................
9.74
Butylene ...........................................................................
9.74
Butadiene ........................................................................
9.74
Ethylene ...........................................................................
9.74
Methane ...........................................................................
6.88
Napthalene ......................................................................
9.74
Propylene .........................................................................
9.74
Toluene ............................................................................
9.74
Xylene ..............................................................................
9.74
Ammonia .........................................................................
5.28
Antimony .........................................................................
8.90
Antimony trioxide ..........................................................
7.50
Arsenic .............................................................................
8.90
Arsenic trioxide ...............................................................
6.82
Barium sulfide ................................................................
4.60
Bromine ...........................................................................
8.90
Cadmium .........................................................................
8.90
Chlorine ...........................................................................
5.40
Chromium .......................................................................
8.90
Chromite ..........................................................................
3.04
Potassium dichromate ....................................................
3.38
Sodium dichromate ........................................................
3.74
Cobalt ...............................................................................
8.90
Cupric sulfate ..................................................................
3.74
Cupric oxide ....................................................................
7.18
Cuprous oxide .................................................................
7.94
Hydrochloric acid ...........................................................
0.58
Hydrogen fluoride ...........................................................
8.46
Lead oxide .......................................................................
8.28
Mercury ...........................................................................
8.90
Nickel ...............................................................................
8.90
Phosphorus ......................................................................
8.90
Stannous chloride ...........................................................
5.70
Stannic chloride ..............................................................
4.24
Zinc chloride ...................................................................
4.44
Zinc sulfate .....................................................................
3.80
Potassium hydroxide ......................................................
0.44
Sodium hydroxide ...........................................................
0.56
Sulfuric acid ...................................................................
0.52
Nitric acid .......................................................................
0.48.’’. 
(2) RATE ON TAXABLE SUBSTANCES WHERE IM-
PORTER DOES NOT FURNISH INFORMATION TO THE 
SECRETARY.—Section 4671(b)(2) of such Code is
2394 
† HR 3684 EAS 
amended by striking ‘‘5 percent’’ and inserting ‘‘10 
percent’’. 
(c) RULES RELATING TO TAXABLE SUBSTANCES.— 
(1) MODIFICATION OF DETERMINATION OF TAX-
ABLE SUBSTANCES.—Section 4672(a)(2)(B) of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘50 percent’’ each place it appears and inserting ‘‘20 
percent’’. 
(2) PRESUMPTION
AS
A
TAXABLE
SUBSTANCE 
FOR PRIOR DETERMINATIONS.—Except as otherwise 
determined by the Secretary of the Treasury (or the 
Secretary’s delegate), any substance which was deter-
mined to be a taxable substance by reason of section 
4672(a)(2) of the Internal Revenue Code of 1986 prior 
to the date of enactment of this Act shall continue to 
be treated as a taxable substance for purposes of such 
section after such date. 
(3) PUBLICATION OF INITIAL LIST.—Not later 
than January 1, 2022, the Secretary of the Treasury 
(or the Secretary’s delegate) shall publish an initial 
list of taxable substances under section 4672(a) of the 
Internal Revenue Code of 1986. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on July 1, 2022.
2395 
† HR 3684 EAS 
TITLE III—CUSTOMS USER FEES 
SEC. 80301. EXTENSION OF CUSTOMS USER FEES. 
(a) IN GENERAL.—Section 13031(j)(3) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(j)(3)) is amended— 
(1) in subparagraph (A), by striking ‘‘September 
30, 2030’’ and inserting ‘‘September 30, 2031’’; and 
(2) in subparagraph (B)(i), by striking ‘‘Sep-
tember 30, 2030’’ and inserting ‘‘September 30, 
2031’’. 
(b) RATE FOR MERCHANDISE PROCESSING FEES.— 
Section 503 of the United States-Korea Free Trade Agree-
ment Implementation Act (Public Law 112–41; 19 U.S.C. 
3805 note) is amended by striking ‘‘September 30, 2030’’ 
and inserting ‘‘September 30, 2031’’. 
TITLE IV—BOND PROVISIONS 
SEC. 80401. PRIVATE ACTIVITY BONDS FOR QUALIFIED 
BROADBAND PROJECTS. 
(a) IN GENERAL.—Section 142(a) of the Internal Rev-
enue Code of 1986 is amended by striking ‘‘or’’ at the end 
of paragraph (14), by striking the period at the end of para-
graph (15) and inserting ‘‘, or’’, and by adding at the end 
the following new paragraph: 
‘‘(16) qualified broadband projects.’’.
2396 
† HR 3684 EAS 
(b) QUALIFIED BROADBAND PROJECTS.—Section 142 
of such Code is amended by adding at the end the following 
new subsection: 
‘‘(n) QUALIFIED BROADBAND PROJECT.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(16), the term ‘qualified broadband project’ means 
any project which— 
‘‘(A) is designed to provide broadband serv-
ice solely to 1 or more census block groups in 
which more than 50 percent of residential house-
holds do not have access to fixed, terrestrial 
broadband service which delivers at least 25 
megabits per second downstream and at least 3 
megabits service upstream, and 
‘‘(B) results in internet access to residential 
locations, commercial locations, or a combina-
tion of residential and commercial locations at 
speeds not less than 100 megabits per second for 
downloads and 20 megabits for second for 
uploads, but only if at least 90 percent of the lo-
cations provided such access under the project 
are locations where, before the project, a 
broadband service provider— 
‘‘(i) did not provide service, or